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181619
Original to City Clerk € 19 , FILE CITY OF ST. PAUL COUNCIL NO • OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF Renewal Area the urban renewal objectives of said Title I in accordance with the urban renewal plan, can and will be provided in an amount which will not be less than one-third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan: That the filing of an application by Housing and Redevel- opment Authority of the City of Saint Paul, Minnesota, for an Advance of funds from the United States of America to enable it to defray the cost of the surveys and plans for an urban renewal project in the urban renewal area described above is hereby approved. cE13 20i97 COUNCILMEN Adopted by the Council 195_ Yeas Nays eCourcy Approved 195- ,/Marzitelli C rtinson In Favor �� � + Mayor � -- osen Against n President, Dillon 5M 6.56 2 .:� '' -57 FTT$LISHE15 a Original to City Clerk • _9 � CITY OF ST. PAUL FILE NCIL NO. OFFICE OF THE CITY CLERK Council File No. 181619—By Joseph E. UNCIL RESOLUTION—GENERAL FORM Dillon— Whereas, Under Title I ,F the Hous- Act of 199 • and and PRESENTED BY � / n using Act g e ) try ., ,ce to COMMISSIONER_— , DATF t ii'te to --- —— - -------1 moo: . — J — — °r,,,,l•s7 tio: hq WHEREAS, under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954, the Housing and Home Finance Administra- tor is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban ranewal projects; and WHEREAS, it is desirable and in the public interest that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota,prepare surveys and plans, presently estimated to cost approximately $20,660.00, in order to undertake and carry out an urban renewal project of the character contemplated by Section 110 (c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of Saint Paul, County of Ramsey, and State of Minnesota, and described as follows: Beginning at the intersection of Elm Street and Upper Levee Road, from there in a northwesterly direction on the northeast side of Elm Street to its intersection with Hill Street; then along the north side of Hill Street in a westerly direction to its intersection with Spring Lane; southwesterly along the northwesterly side of Spring Lane to its intersection with Wilkin Street; then I , a southerly direction along the west side of Wilkin Street to its intersection with the Upper Levee Road; then in a northeasterly direction along the northwesterly side of the Upper Levee Road to the point of beginning, and WHEREAS, the above cited Federal law requires as a condition to the execution of a contract for a loan and capital grant for an urban renewal project that the locality present to the Housing and Home Finance Administrator a workable program, as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed urban re- habilitation, to provide for the redevelopment of blighted, COUNCILMEN Adopted by the Council 195 Yeas Nays DeCourcy Holland Approved 195- Marzitelli Mortinson In Favor — _ _ Peterson Mayor Rosen Against Mr. President, Dillon 5M 6-56 ,2 , 19. deteriorated, or slum areas or to undertake such other feasible community activities as may be suitably employed to achieve the objectives of such a program; and WHEREAS, it is recognized that contracts for loans and capital grants for urban renewal projects will require, among other things, (1) the approval of the urban renewal plan by the govern- ing body of the locality in which the project is situated; (2) the provision of local grants-in-aid which may consist of donations of cash, land, demolition or removal work, and the installation, construction or re-construction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities; and (3) the development of a feasible method for the relocation of families displaced from the urban renewal area, NOW THEREFORE BE IT RESOLVED by the City Council of Saint Paul that the proposed Urban Renewal Area described above is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the undertaking by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, of surveys and plans for an urban renewal project of the character contemplated by Section 110 (c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved: That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Administrator is hereby requested to reserve for an urban renewal project in the proposed Urban Renewal Area described above Federal capital grant funds in an amount sufficient to enable the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, to finance the undertaking of the Project: That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including the requirements of said Title I respecting the workable program mentioned above, and that it is the sense of this body (a) that a feasible method for the relocation of families displaced from the urban renewal area, in conformity with said Title I, can be prepared, and (b) that local grants-in-aid, consisting of donations of cash, land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban Duplicate to Printer - - k F (, CITY OF ST. PAUL COUNCIL NO L %J� 7 OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF WHEREAS, under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954, the Housing and Home Finance L dministra- tor is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and WHEREAS, it is desirable and in the public interest that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota,prepare surveys and plans, presently estimated to cost approximately $20,660.00, in order to undertake and carry out an urban renewal project of the character contemplated by Section 110 (c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of Saint Paul, County of Ramsey, and Mate of Minnesota, and described as follows: Beginning at the intersection of Elm Street and Upper Levee Road, from there in a northwesterly direction on the northeast side of Elm Street to its intersection with Hill Street; then along the north side of Hill Street in a westerly direction to its intersection with Spring Lane; southwesterly along the northwesterly side of Spring Lane to its intersection with Wilkin Street; then in a southerly direction along the west side of Wilkin Street to its intersection with the Upper Levee Road; then in a northeasterly direction along the northwesterly side of the Upper Levee Road to the point of beginning, and WHEREAS, the above cited Federal law requires as a condition to the execution of a contract for a loan and capital grant for an urban renewal project that the locality present to the Housing and Home Finance Administrator a work, ble program, as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed urban re- habilitation, to provide for the redevelopment of blighted, COUNCILMEN Adopted by the Council 195_ Yeas Nays DeCourcy Holland Approved 195_ Marzitelli Mortinson Tn Favor Peterson Mayor Rosen Against Mr. President, Dillon 5M 6-56 :›2 Duplicate to Printer • 9 CITY OF ST. PAUL FILE COUNCIL No OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF Renewal Area the urban renewal objectives of said Title I in accordance with the urban renewal plan, can and will be provided in an amount which will not be less than one-third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan: That the filing of an application by Housing and Redevel- opment Authority of the City of Saint Paul, Minnesota, for an Advance of funds from the United 6tates of America to erle it to defray the cost of the surveys and plans for an urban renewal project in the urban renewal area described above is hereby approved. FEB 2 0 1957 COUNCILMEN Adopted by the Council 195_ Yeas Nays DeCourcy FEB 01957 Ind-.. Approved 195_ Marzitelli 7 Mortinson - ' In Favor Peterson Mayor Rosen Against Mr. President, Dillon 5M 6-56 :S'°�'�' 2 NICK J. SMITH, III CHAIRMAN LYLE W. HINES, 1'1 ! , VICE-CHAIRMAN { �G ! BENSON C. BRAINARD. I I � SECRETARY Housing and Redevelopment Authority ' H' II 9 FRANK H. DELANEY, ' ` I ASSISTANT SECRETARY OF • N 4 CLAYTON G. REIN, THE CITY OF SAINT PAUL, " i'' 'I ' TREASURER F B. WARNER SHIPPEE, MINNESOTA I I I Iryl EXECUTIVE DIRECTOR IlliuY 4,+ iIl �I'„ a� �. HAROLD L. RUTCHICK, • (IU1Fl o �' i! GENERAL COUNSEL 0 o I February 15, 1957 1745 City Hall and Court House SAINT PAUL 2 .�° MINNESOTA j f j w `l The Honorable Mayor and City Council City Hall and Court House Saint Paul, Minnesota Gentlemen: I am enclosing a copy of Resolution No. 57-7, adopted on January 30, 1957 by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, authorizing the filing of an application for federal planning funds in the amount of $20,660 for an urban renewal project to redevelop the Upper Levee Area. This application was reviewed and approved by the City Planning Board on February 8, 1957. A copy of the resolution of the City Planning Board is also attached. In accordance with the regulations and procedures of the Federal Housing and Home Finance Agency, which administers the Federal Urban Renewal Program, an application for planning advance funds for an urban renewal project must be authorized by a resolution of the governing body of the city in which the project is to be planned. At the request of the Housing Authority Commissioners, therefore, I am hereby respect- fully referring the matter of this application for planning funds to the Mayor and City Council for appropriate action. A full copy of the proposed application to the Federal Government is attached to this letter. Further copies are available for Council consideration in our office. Under letter of January 31, 1957, explana- tory material concerning the proposed urban renewal project was sent to each member of the City Council. The General Counsel of the Housing and Redevelopment Authority has discussed the appropriate form of resolution with the Corporation Counsel of the City of Saint Paul, Mr. Hurley. Representatives of the Housing Authority will be pleased to meet with the City Council to discuss the proposed application. Respectfully yours /15 / // 4ALL t" ' B. WARNER SHIPPEE Director CITY OF SAINT PAUL TERRANCE S. O'TOOLE LEGAL DEPARTMENT LOUIS P. SHEAHAN THOMAS J. RYAN SPECIAL. ASSISTANT JAMES F. SULLIVAN MARSHALL F. HURLEY ROESERT E. O'CONNELL DONALD L. LAIS CORPORATION COUNSEL JOHN J. MCNEIL ,�� ,,�, ASSISTANTS "� �""Z February 13, 1957 To the Council of the City of Saint Paul: I am forwarding herewith draft of proposed legislation approving the undertaking of surveys and plans for an urban renewal project, and the filing of application for Federal advance of funds. This is a matter under the jurisdiction primarily of the Housing and Redevelopment Authority of the City of Saint Paul, and the draft of resolu- tion submitted is in form, as I understand it, similar to that used generally in connection with application to the Federal Housing and Home Finance Administrator for such Federal advance. Sufficient copies of the resolution have been prepared in the event that it is necessary for the office of the City Clerk to provide certified copies , together with such application referred to. Yours very truly, ed f i Marshall F. /Hurley Corporation Counsel ` MF H-S • • • CITY PLANNING BOARD OF ST, PAUL 1315 Courthouse February 14, 1957 (Excerpt from the Minutes of the Regular Monthly meeting, of the St, Paul City Planning Board, February 8, 1957) Moved by Mr. Sbioly, seconded by Mr. Knutson that the following resolution be adopted: (Approving an application by the Housing and Redevelopment Authority for Survey and Planning Farads for the Upper Levee Renewal Pro- ject) 'WHEREAS the City of Saint Paul has committed itself to a comprehen- sive urban renewal program as documented in its workable program, New Life in Saint Paul; WHEREAS the Planning Board has collaborated with the Housing and Redevelopment Authority in conducting studies of land uses and housing conditions in the City of Saint Paul; and WHEREAS such studies have revealed that housing conditions in the Upper Levee are substandard and that resid aces in that area occupy land zoned for and beat suited to industrial use; and WHEREAS selection of the Upper Levee for renewal conforms to criteria proposed by the Planning Board in its report on policies for selecting urban renewal projects; particularly, in that renewal is related to public improvements already programmed and offers the advantages of coordinated planning, financing and development; and WHEREAS the Housing and Redevelopment Authority has prepared and sub- mitted to the Planning Board a copy of an application to the Federal Government for an advance of funds to finance survey and planning of the Upper Levee Renewal Project and said application and the proposals contained therein have been carefully reviewed by the Planning Board; NOW, THEREFORE0 BE IT RESOLVED by the Planning Board of the City of Saint Paul that the application for Survey and Planning Advance sub- mitted by the Housing and Redevelopment Authority of Saint Paul for the Upper Levee Renewal Project is hereby approved, " (Upper Levee Renewal Project R-107 (b), Motion carried, • • RESOLUTION NO. 57 7 WHEREAS, under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954, as amended, the Housing and Home Finance Administrator is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and WHEREAS, it is desirable and in the public interest that the HOUSING AND REDEVELOPMENT AUTHORITY OF TO CITY OF SAINT PAUL, MINNESOTA prepare surveys and plans, presently estimated to cost approximately $20,660.00 dollars, in order to undertake and carry out an urban renewal project of the character con» templated by Section 110(c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of Saint Paul, County of Ramsey, and State of Minnesota, and described as follows: Beginning at the intersection of Elm Street and Upper Levee Road, from there in a northwesterly direction on the northeast side of Elm Street to its intersection with Hill Street; then along the north side of Hill Street in a westerly direction to its intersection with Spring Lane; southwesterly along the northwesterly side of Spring Lane to its intersection with Wilkin Street; then in a southerly direction along the west side of Wilkin Street to its'intersection with the Upper Levee Road; then in a northeasterly direction along the northwesterly side of the Upper Levee Road to the point of beginning, - WHEREAS, the above••cited Federal law requires as a•condition to the execution of a contract for a loan and capital grant--for an urban renewal project that the locality present to the Housing and Home. Finance. Administratto a`-workable program, - as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or• spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the re«• development of blighted, deteriorated, or slum areas or to undertake such other feasible community activities as may be suitably employed to achieve the objectives of such a program; and WHEREAS, it is recognized that contracts for loans and capital grants for urban renewal projects will require, among other things, (1) the approval of the urban renewal plan by the governing body of the locality in which the project is situated; (2) the provision of local grants-in.aid which may consist of donations of cash,land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities; and (3) the development of a feasible method for the relocatten of families displaced from the urban renewal area. NOW THEREFORE BE IT RESOLVED BY the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. Section 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the undertaking by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota of surveys and plans for an urban renewal project of the character contemplated by Section 110(c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved. Section 2. That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Adminis- trator is hereby requested to reserve for an urban renewal project in the pro- posed Urban Renewal Area described above Federal capital grant funds in an amount sufficient to enable the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota to finance the undertaking of the Project. Section 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with the Federal finan- cial assistance under Title I, including the requirements of said Title I respecting the workable program mentioned above, and that it is the sense of this body (a) that a feasible method for the relocation of families displaced from the urban renewal area, in conformity with said Title I, can be prepared, and (b) that local grants—in-aid, consisting of donations of cash, land, demo.. lition or removal work, and the installation, construction of reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban Renewal Area the urban renewal objectives of said Title I in accordance with the urban renewal plan, can and will be provided in an amount which will not be less than one—third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan. Section 4. That the filing of an application by the HOUSING AND REDEVELOPMENT OF THE CITY OF SAINT PAUL, MINNESOTA for an Advance of funds from the United States of America in an amount not to exceed $20,660.00 for surveys and plans for an urban renewal project in the urban renewal area described above is hereby approved, and that the Executive Director is hereby authorized and directed to execute and file such Application with the Housing and Home Finance Administrator, and to provide such additional information and to furnish such documents as may be required by said Administrator, and to act as the authorized representative of the Housing and Redevelopment Authority of the City of Saint Paul,Minnesota _ F CONTENTS Letter of Tram!tta Item E-61000 , an. P1.m4 ac tlicat m �. W a. - 81011 Po= B-6101 rb Bs ,,,,,t?.,fix_ Dam B202 Fora fi,61029, Saragingstlastioa aka . . . . . 0. a 411.03 Selection and Delineation of Area R104 Bligibility of Area for Renewal .. a a a - - 4 - d m ® 8106 Boundaries and Bligibility of Clearance Sections 1106 Designation of Removal Area by Planning Commission - - m - B10, Proposed Corrective Measures n08 Activities by other Public Bodies Seeking 2ederal Aid -- - -- B109 Budget Bstimetee for Capital Grant Reservation 4 w - - - - - B110(a) Narrative 5tatzneat :acp2.athing Budget BDtiaa3ate - a - a a 8110(b) Map I a Locations Map - _, - T, w B120 Hap IT .._, ba is: Ag = - - _., > - ,, - _. _, - - - B1214) Map IIL,C Dwelling Units Dilapidated =., _: . - ' _a a x a 1121(b) • Map 1 t' m ,Ad, oin3sag Lend Dons 8121,(44-e. Dap V - Condition of Streets 4 W .._ - - - :a 9.21(4) 4aap V17, Proposed C3 earaance Plan. - a a a 8121,(s) Nrap VITA. Proposed Land U - ,:D ,a - _ __ c Q R121(f) Map VIII- Rzisting Topogamer;h r - - - « .- 0. Q m 4 B1 Ito 1 - Aerial of Upper Levee - T. — ._, - ...> .8123(a) Photo II - Aerial of Upper Levee During 1952 Flood - o - .R123(b) ,9cit& Indication of Public Understanding - - - - _ : - _- _ 3130 Local Financial Situation a, =- ,_ - ,#. _ 2131 • S Fora $=682 A 4.2rst&rzsi a — - - a ccc a Et1 Report on General Plan - - - = a - a> R141(a) i thi r+it = ,.a " a, _, . = 81410.) Creation of Planning .3,t; xa:c - - a: _. - R o B142 General Plan Elenents a a a __t. e ' a _. _ - a - - 8143 Code Adoption and : r i ores ant en. �: :, a �, �. .a 9 m R144(a) (1a�) OP CONTI' LTS • „9„grajfalt. .1:215Z. NIA 2 7 cgiausedr_iaLlIzAt}glyjit:jva - B150(a) Ilw:rattve Zt V trAIV.:1 i; Ace eV-paving Po= - — 2.1163(1)) Po= TI-510, T.,q‘cr,..1.2plis.A4er.ozitiatatr and. - - R151 Paz Pr-fino ikta,-§311111CafkltillttlittaiLd...2ABLE-11424A-4.,SRESIE adabiptrAtts. -- - R152 Porn, 11-681 119,4_,Aavaltica ja.artsimkosaLallais Asozcy...gechnloe41, nAtt_ar 1411,_19s_c_oasest — — B133 Organisation ?la= o AJAt 4' •.* Z164 Eatztro end Sourco of Other Ponds — R155 Port. E 6103, lasaijiarzain - CIO C. ELM CPO 4', <-, C., <4 49 <1, <4 +2, B160 Lesal. Doetwntation Requested. on Foray 11-6103 - — R161 Reeolation of Authority 111411oz:tens Application. — - - 162 Rosolutiora of City Councii Authorizing Application — 8163 THE UPPER LEVEE RENEWAL PROJECT R104 • 1. It is one of the most deficien • residential areas of the city., 2„ It is situated in an environment which is not suitable for residential use 3. As a residential area it is not now and probably cannot be given adequate public services. 4. Public improvements now approaching the area will so reduce it in size that prevailing community unity is unlikely to survive. In connection with point 4 above, it should be noted that the timing of renewal activity will coincide with construction of public improvements in the area. While the settlement is being reduced by right-of-way demands, the remainder of it can be renewed simultaneously at a probable saving in money and discomfort. Delineation The urban renewal area is naturally delimited as a project area by the surround= ing industrial land uses, by its boundary streets, and by the Mississippi River. It stands out in a casual inspection as a compact area of residential land use at vari- ance with the surrounding land uses„ ' See Exhibit R-121(c) T1173 11"r:e= IANIIKE RENEVAI, ellOJECT 1-100 III . . . . . . ... . , ... ... _. -. :.. ... , ..: , .. 0. ,,,ritata of the • . ,• -. - - - • -. - .. - .-. ....:t -:,--:: t•in T,..:,'.,',X..., ALA:Aut,of ,. .. . . :-. . .. : . , „.• • .. s „ , . , .. . .. _. . ., . ., - • ...• .,• •••.. ,,.:,i ,.., ;•:,.,,.. ,,,,,,,,,. _,, --, .„ -i. —:.:„L:,.,,, ,... :.-. ',.,.,,A,11. - 6A .. -H -...... ..,:•,.:..)-,. . ,1:::- .. .-• Y.:::: 0; ,,::vt.k : ',.:,, ,(1.1',..-- 26% . ..'J,.., .-.. .).',,.'i , ci•...1,..:.,,.:7 ,-.6!Tp.,,I.:11 ste,: (1,9rAs, land coverage LY.- ... Felfeirer, 91or arrangement - 0i:. ,.:, ::;.i.-,. t:.3J -in ...,J., y.'. rd ' ica tc 'eadh other and tu hens-Fits of ths lot ereO III 2.“(.4 0.4.svc the manner in which tha thv far laAv,,Jtrial umo and. all %ha leads 1,.;A::.,f.'„?.1.-f:- .7-' V:•.:) :.;-..ALLrivn' it ere ozi-vo.,pi,,,,a by. heavy industry,. The Northers C,•!,., -....'%, ' r:, -..L.1.01 t.0.61. 1--)11r.t to itnatod adjacent ta the rail tradirege occupies the area and between the • ';.,: 1"g ,i.!,.v.0. tt,c, hriiuss.. Or, tlas nrYttN4-Alt, rise the elevators at . T -2zir„,lt:': .;:x;'.....!. .?..t.L.,,. vt..tl', :..-01 trf.-,.. oze located between thee furies and vibration 1....r1111tr1. .4-os-..y. at p...djotAill. landa„ The III ,„,,,,, ,,,, ,, ,,,,,, r„,„, „,,,,,,,41 o21.-Ja :;,n ;-Jar.4:11.,: z.,, to t varloaa heavy ' fijs:',r,..;.:.r,,;:: :.i.dj.Y.O.A. '.2. II1'..t.O. ated on tho map oubsitted c:) ,m•A ..5,x, .1..J,71 ?.:!rtts, offell az itxhibit 14,423(a)„, • • raR UPPBR71'9M !?:TqlZWAL PROOTOT B4,06 D.. Street Deficiencies Streets :111 the project arca ara act ei_lanto in wf.flth or ia oamlao2 n3 to• prod o effiaemt aad safe pass:Pre 1:or both vehicles 4.ma podestrier_s_ There So a tote/. of 2.0 acres of street area of tihich about 413c,; in Ilholly min:oval-ad- The ren2ining 54 4 tho otre area :7.s arc6.cri amd oiled. The imoroved otreicto arc i,f..11 Street, 2-,:orato nnd a porUon of VIXkin Street. Hill ='oct d Winn Street hare thirty (20) Zoet of right.of-un . Loreto Lano has oaly twenty (20) .1:cst of eght.cf,vay. There aro few sidewalks and no owl:be or gutters proridod ta connection •uith streets in the nroject area. Strot conlitims are illustrated in Exhibit 411 L 003z,z,nity FccilSties ILIcess to recreational and conzauitq lz inhibited b;o. distance and by sigrAficent cliffs:maces ele7ation. iTho nrbaz ama area lion gonoral/y at elyration 704. Distonoom to ordi olcvations c coo=nity facilities utilised bj residents a..Z* the .41.:°i3a, nre as fellows: "AIWit7 732,131nella 211. Y. 12i01.4 jeZerson Gredo Se.hool ?/ mile 765 Mkrs2 ,-.12.1 Junior Elgh School 2 miler: 920 gearea Senior Bigh School 1 Y/8 nile 800 Irving Park 5/0 mile Protestant Ghxarch 3/4 rale V90 Catholic Chvrch 1 mile OO 410 ro:c. all 7.1,rrot.Scal puriAses t3Tan, tho projcct area hr.;J charchos, acts:101c or parks, einco mono arc located within the boundaries of the project area and access to these, places outside of the area is TEE UPPER LEVEE REVEWWL PROJECT R-106 Cie Section Data 410 It pol7,,siss-d that ei.ze urban . inewal area be cleared and redeveloped non• 2f.sir.kntiTti &ma parcels in the area have been acquired and will be c. ovr,Ite.. by tL n Di:7,prte,F:nt of Public Works to provide right-of-way for road f()r cowstruction with municipal fande. The remain- der of tho nrek4 is to be acquired and cleared by the Housing and Redevelopment Au- thority, Exhibit R-121(e) shows the areas Phich will be cleared by eaoh agency, It f,s anticipatsd that part of the land acquired by the Department of Public Works will be curplue to their needs and will be transferred later to the Housing and Redevelop- ment Authority.. The Authority will sell some land to the city for right-of-way. The remaining holdinzs of the Authority will be redeveloped for industrial re-use. (See Exhibit N-12"i1r), The proz:cnt use the urban renewal area is incompatible with surrounding land eeee and With thu physical situation of the project land The urban renewal area is • eebject to flceeing and to the b/ighting actions of smoke, fumes, dust, noise and eibratione emitted tu the industrial operations on adjoining lands. The settlement iz physically isolated to a serious degree from other residential areas and from neceeeary community earvices and anenities, by topography, the river and industrial develepmente“ At the same. time, the number of residents and the size of the area is not sufficient to justify a separate provision of these services to the residents of the urban renewal area, Finally, as noted previously under item R-105, an extremely large proportion of the oteucteree in the area are dilapidated or lacking in basic facilities. Environ- nentek considerations aside,, it is not likely that the housing could be rehabilitated ceononloally, Adding environmental and structural 6.eficienctes together, it definitely is new feasible to rehsbelitate th:ls an7!A as a residential community, Re-use of the 410 area area for industrial and similiar non-residential purposes suggests itself naturally by the situation of the land and by tho type of neighboring land uses. Upper Levee Renewal Project R-107(b) DRAFT RESOLUTION OF THE PLANNING BOARD OF THE CITY OF SAINT PAUL, MINNESOTA Approving an application by the Housing and Redevelopment Authority for Survey and Planning Funds for the Upper Levee Renewal Project. WHEREAS the City of Saint Paul has committed itself to a comprehensive urban renewal program as documented in its workable program, Molidjak Saint, Pa J WHEREAS the Planning Board has collaborated with the Housing and Redevelop. ment Authority in conducting studies of land uses and housing conditions in the City of Saint Paul; and WHEREAS such studies have revealed that housing conditions in the Upper. Levee are substandard and that residences in that area occupy land zoned for and best suited to industrial use; and WHEREAS selection of the Upper Levee for renewal conforms to criteria pro- posed by the Planning Board in its report on policies for selecting urban renewal projects; particularly, in that renewal is related to public improvements already programmed and offers the advantages of coordinated planning, financing and de. velopment; and WHEREAS the Housing and Redevelopment Authority has prepared and submitted to the Planning Board a copy of an application to the Federal Government for an advance of funds to finance survey and planning of the Upper Levee Renewal Pro- ject and said application and the proposals contained therein have been carefully reviewed by the Planning Board; NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the City of Saint Paul that the application for Survey and Planning Advance submitted by the Rousing and Redevelopment Authority of Saint Paul for the Upper Levee Renewal Project is hereby approved. TBE lips i L fl ' ENNEWAL ,PR1))a'ECT Bw108 • �. Clearanee The entire urban renewal area it to be cleared of• structures and the street eyetem of the area is to be vacated for reuse eleo. It is proposed that the roa,cwal a to be vaned for Industrial purposes and for street • right-of-way. B. Shepard R ad and Levee A portion of the area will be developed as right-of-way for tho extension of Shepard Read, a major imtractty artery no under construction northeast of the project site (See Exhibit 8121(f). The St, Paul Depart- ment of Public Works 'Lao acgsaired lard on the soothe ©tern, edge• of the renewal area for right-of-way-w sy purposes. Some of the land needed for right-of-way • will be cleared by the Authority and sold to the city° Lit constructing Shepard Road on this right-of-way, the City will usa for part of the road beds the exists levee rihtch it will rase to give a greater measure. of flood protection to the project lo x& it is further anticipated that minor excess right-of-way holding will be transferred at a later date by Bale or donation to the Sty Paul Booming and Redevelopment Authority to form a single, industrial reuse area for planning and redevelopment, C, Other improvements In order to minimize dependence can pumps, reduce percolation and permit future structures to be built on a level with the new Shepard Roads it is proposed that the pycject area will be filled before disposition'. AV fraternal service road may be constructed also to give improved access te Shepard Road end to perta conflict-.free circulation within the area after • redevelopment:: Other i,sp:rovemente contemplated for the project area are a water line of increased capacity„ improvements to increase the capacity of the sanitary sewer and the installation of a pulping station to improve storm water drainage during high river etageew Ti m 7.3;;Iper IrOTOG Reneal Project 214-41060 41/ • :C:S=:,-0.1LIA5 pullIlf (r2) .2.:.'olnv:zI V.i000 (b) 7.1.1tfpa $2240,:i0 Totn1 $ 214000 .ri., J .I' vc;. Ex-c.nos, 110000 (:; X!ill. COrlii-CCZ 169000 D, ... t1.. .1tion E.Tpmt;o1 22000 l'. . 1 :4: 1., 1Fm..ca.7cto 4030000 3,. : ")„C 7,000 34000 to (:T',.) Yll 2.2, c!...,. zi!. 1, (n0,70 int, wdo$58000 ( ) 20.2v■ce Roet 48000 Teta 1080000 30000 J. .;:nrott (:' a-;..;.) 22,000 :'._ eoltiz.lvnc ( cot. .:t.) 31b000 Tottl 675,000. IT OTC313 .?ItiCt COZt III A. Non-0432,h Loeci 0,1Tit41•,ir-AJi (*)Lvvoc! fill, r•avetmeAt, tide gates (29%) $112,520 (b)Sower T.Aprevenca . b,000 (c)Fiamping Stat5xn (20%) 14,300 (d)Watev Ii e 19,000 (o)?aving Shepard Road Q coat) 48,000 Teta' 1998:0 P.I'ojf:,;ct Go..at (74aLM 1 Plvlo 7U.i:LM TT) 877820 Do.dmcA '.1. ,i'-.C3.c7P.5 W Yillvd TJild 0 $070 2,:i. , $2590M0 (b)jylc . T., :lcl ."3. $0.55 ,';" i., ft.= 22,000 TfJtel 2810000 nt :::'reAct Cot . . nvsmo e...al cr*at euvin 2/3 of Fot Project Co6t OR Net Frojoct Cost minus the total • of the non- h lcal grantv,-111-siid, vhiettever is tka leligt Yet ?rojec..;; C.rn4t .x 2/3 .n7. 4.. 1706:3 it Projot Ccot it noa21 lees?, gvanta- . 4-ai 77• 97,000 .L.t1 13,000 411 , ,.„.„ ,:„., ,. ..•„., ,„„,,„, THE UPPER LEVEE RENEWAL PROJECT R-1 10(b) ITEM I GROSS PROJEC'P 00STS • A. Survey and Planning The preliminary planning stage is expected to cover a period not to exceed four conthe, the final planning stage a period not to exceed eight menthe, getimated planning costs for both stages are as follows Preliminary Final 1, Administration $1,100 $ 2,000 2, Office Pu niture and Equipment 65 150 30 Legal Services 150 150 4u Survey and Planning 3,200 5,,600 5 Land Surveys and Appraisals 400 4,500 6, Relocation Planning 550 550 7. Oontingenciea 556 10305 3, InspectAon 384 9, 'Total 6,021 14,639 The grand total for both the preliminary and final planning stages £5 20,660.,00, :3, !Administrative 2xpenasv It; is estimated that development and disposition will cover a mraxi.mam period of approximately 21 months and that overhead expenses of administering the project aotivitiee during this period will average about $500 per month. This item is to cover both the ordinary office expenses attributable to the project as well as the salaries of technical personnel supervising demolition and construction work A total of $109500 is estimated for administrative expenses during development and disposition, 0, Legal Services Legal fees are estimated at $300,00 for the planning stage of development,; $13,395 for acquisition of properties and $2,000 for services•conneotod with the development and disposition stage. Total legal fees are estimated at $15,695, • D. Acquisition Expenses It is estimated that approximately 75% of the parcels will be acquired by direct negotiation and the remar.inLhg 25% by condemnation, Expenses for acquisition are estimated as follows, APPRAISAL $50. x 76 $ 3,800.00 OPTION $50. x 76 a 3,800.00 CLOSING $20, x 76 g 1,520.00 CONDEMNATION $500.x 19 A 9,500.00 REGISTRATION $50. x 76 cz> TOTAL $22,420.00 Legal costs for acquisition are estimated as followsg TITLE EXAMINATION $ 15. x 76 G $ 1,140.,00 CWIDEKAATIMATTORNEVS FEES) $125,. x 19 $ 2,375.00 REGISTRATION $125. x 75 $ 9,500,00 ABSTRACTING FEES $ 5. x 76 TOTAL $130395.00 E. Real Estate Purchases The Upper Levee project area is 11,41 acres in si:c. The Depart- ment of Public Works will use 1.58 acres for Shepard Road right-of-vary and the Hausins Authority will use 9.29 acres for industrial purposes. The Department of Public Works has already made some purchases in the project area for right-of way. The remainder of the Shepard Road right- of-way in the project area will be purchased from the Housing and Rs. development Authority. It is anticipated that the Department of Public Works will transfer about 0.65 acres of land as surplus to the Housing and Redevelopment Authority sea in turn will purchase approximately 0.92 acres from the Authority for right.of.mey purposes. Land transfers 2 cv bet en that two agencies will be at vacant-land values, estimated to be $0,55 per square foot without fill, The Homing and Redevelopment Authority therefore, will transfer approximately $22,000 worth of land to the :Department of Public Works and will buy from the ease Department land valued at about $16�000, The Authority will purchase free+ private parties about 76 parcel* of land and 73 principal structures containing about 90 dwelling units at an estimated cost of $389,000. The purchase price is estimated to be 350% of the tax assessors true and full valuation, in keeping with the experience of the Public Works Department in acquiring property in the Upper Levee during 1956 for Shepard Road righteef° o The total outlay for property parohases, including the purchase from the Department tment of Public Works, to estimated at $405,000. P, Relocation There are approximately 106 fa milies luring in the project area, according to the 1950 C ua+us of Sousing, About 90 of these families live in the area Which is to be cleared by the Authority and the. remainder, 16, on parcels being cleared by the Department of Public Works, On the basis of relocation records in thin office, it is estimated that relocation services cost approximately $75,00 per family„ The Federal Government will allow up to $100,00 for moving expenses for each family whose dwelling place is purchased by the Authority and up to $2,000.00 for each business so di elonated- These moving expenses are to be paid Wholly with Federal fundm, Relocation expenses antioipated for the Upper Levee renewal area may be eummarieed as follows Total Cost to Development Budget a 90 families $75.00 x $6,750.00 Relocation Payments: 90 families $ $ 9,000000 2 businesses € 2„000.00 e 4,000,00 Total Addition to Federal Grant $13,000.00 -3- • do Site Cleerane t 1't is eet atee tk a x'fs3,'iemati?al st$ecZeiRY''';;.3 of the type it no Upper Levee can be 1''Ei5_eee, et en ever ' a Cr ei; per o eacture, It will cost as estimated. $764.00 to remove call_ v.b rtion utilities in the erojec't area, Clearance Estimate $450,00 x 73 etrcctures o $32,650.00 Abandon utilities z ba.q„?t�S?Q $33,614.00 Ho Site Improvenente (a) .Fi.11 Because Shepard Load will be built at 71CP elevation and the project land lies at an average of about ?04' , it is believed thct the value of the land will be enhanced if the land is raised to a level with Shepard Bead,. Besides the _esycbolog9.ca1 benefits of such an elevation, filling will also reduce percolation and will lessen dependence on the pumps. Fill is figured at $Oo 70 cubic yd. and to a depth of about 6 feet aver° approximately 8a 5 acres. This is about 82,500 cue ids. and will come: about $68,000., (b) Service Road It is assumed that access to Shepard Reed tee to be limited and that the site will be parceled rather then gold ae a ;ain`;le lot. The pee posed service road ir, estimated et 3C'' it width= ruining between Elsa and @ii.lkin Streets. 73 is charged as c direct prcjuct expenditure rather than as grant-- ;.n si4 item. The City Department of Public Wog}:co estimates a cost of $48,000 for such a react„ • « 4 .:n • I. pim;ptiittion Ccetse Becance of the locution, size and s lue of the site, it is estiriatb'i that the lend c,en be sold locally in a eim-month period withaut rcco:t to notional cdvo tieinc. Approximately $3,000 is activated for d;etposition costs, other than legal oervices. J. Intereet SttaXimivam press; ::css payments cannot exceed in aggregate 75% of the. total Federal groat. Aocuning that the Fedorel grant will be no less than $370,000, the progress paymeanis could not be greater than $273,000. No rayraente can be anticipated until one-fourth of the property to be acctitii:3red has been purchased by the }lousing and Redevelopment Authority. It is as a°c°d that en interest nest rate of 3? will be charged and that the project will teke a maximum of 33 moat us to =replete. On Veit bests, interact t;ate fi �^e"d at 3',% o �. �,� $278,000 for 1.5 years, plus :% of $92,:000 for 2.75 years, for a tote/ of approximately $22,000. It Wei oesured that tho money which would be converted into progress pay ran.te;, $278,0QQ, would beer intez sat c;rarg©e for as average of about, one= half of the project time.; '.chile the :,"omai .der, $92,000, would bear interest charges for the full project time, 1. Con Contingeacies This item m 3 e figured at 5%, a cuetom,ary proportion. Planning and cads ini; tration eetimatea are net included in figuring contingency because a contingency factor le already a part of the sum entered as en uetimatee for that activity. A total of $31.000 to estimated for ITEM II GROSS PROJECT COSTS /1. YorCash Local Grants-in-aid (a) Levee till, revetment and tide gates In 1952, the highest flood on record is this area reached elevation 7058. Levee improvements being inetalled in the Upper Levee area will provide a twoefoot freeboard over the 1952 crest. It is estimated by the U. S. Carps of Engineers that the new 7108 levee will protect against a flood having a frequency of 300 years, The cost of constructing the levee between Elm and Wilk3n Streets is need as the basis for estimating the benefit to be attributed to the project area. It will cost approximately $368,000 to construct that portion of the levee, according to estimates of the Department of Public Works Thi© ie broken down about as follove8 Clearing old levee $ 5,000 Excavating and filling 84,000 Revetment 211,000 Topping and guardrails 21,000 Engineering and inspection 26,000 Tide gates 6,000 Contingencies ,= Total $388;000 There are about 40 acres of land, at elevations up to ?108 lying directly behind the line of the levee between Elm Street and Wilkin Street. The boundaries of the proposed project area encompass about 11.5 acres, or approximately 29% of the area to be protected by that portion of the levees It is estimated therefore, that 29% of $384,000,, or $112,520 is assignable as a direct benefit to the project area. Amore refined analysis, based on tho total coat of the entire levee, was not deemed feasible et this time. For one, the entire cost of the levee has not yet been cstimated because plans have not been completed epos which estimates could be brzee& Another difficulty lies in the fast that s6a Iftd1 tlredy c.I4v.p1,;.Av,..,3. 411 IliffiG,,,I2t to 'kq';,_ *.op.A.:J ,..r?., '''.-)1;4'7,7r"-: , :'..ir....v,..,% . .... ..,:::.. ' -..` --:...2 .' •. .,:.-. :'.";', '.:,.: .. ..... ..,H• nwi. :A z.v.pp.ciA:,:ii vzi'liT.' pr,, , .:, , Aila cwpacl.ty- 1...a V.:o tviltm to :t1,,,:.:. !11. nt 11 yn2t 1 l.a..1... ..::: .tii.mehki.r4s41 v,n1,1 bb 17.;, i,;7,,All'I.e.. wal.;:z 7;:i!. .,:z A';',.::, (:::::,:1,d.!4 . .:,...,.a... .: 1,2.nr,,,, ,,, , in the eAp,,Txty vo:: t.7!;,4 InAlipit' .!.."&.,A1'.1.t.':?w, '1:-'::, ,.:::1'..c,c,.fzd1.. . :: ::4.:.:, an esttmsAod, f..4,; ,060 &11,.,4, 'Jill .. n:ad supports l',4. '3,1e,, i..'..ITVAtiti St7;.',.....vct -1,' .1:..11.1 ..i:l 1Y6.v .-',.. .n.,., 7.i...;7':Ti! .1-ye.:,: . -..:,-;-.1:::. ZI:!,, s.'c.Y.,Jy/ .tfi.,,,d by tbe .41:.41. 7-b..,:r and t .o ft 4,,c4y,1,, wcul6, 1,)3 cl... i', 4:', ;.7-,,,..1 t g,.:%!..,... ..e.."?.4., 7..'im,Lag Wz:a A.Tsr tray .e.s.:. .....:..%a7„:,..r; ,.:A.....y'.1%,...a< watars no, Chestnut Jtro61, z.s.ni ouo atila.,,, 1E00 ft... a,27 40 WVOG1 uthich in,cluass tlr.t.D iiro,... .ct an:Pf.i, 5J.,-, pv,.:i-v.:;.-;; .'..,z.,. .1.. ,. .....,f,:...v.s ....1:: ApprozImato17 2a% of ti t ''',o'.,.,..11, an,,,,a tv b/.! ,7r.,:)*((:, -tql1 comt Ii50000, A,zpm ,..i0..,t,:',;.4 n.C."., •.i..&e ) ).1t,tex 11Aa 1.. .tn Vcter Di6r.,artmov.';,.., ':',..:., c!;,.,,x1;v: s zt.. . 4.. .,......,:',:,. .':-.,',.;.• L.:,,-)... Tevc;i:,A.,:tt .:.:.,...‘4.::::: ::.: • .',..'!:.,.., -...,.:',:,:. ...i7j.,.. 7.,.... ....c.,.-.1 ,....j.' .".„::'.:.,...; '...,.'.;,."::::!:' ...„.....„..„„,..,,,. -ziaTt.:..., c.c: :.::::,..J:, - 7 - comprehensive emprovement erogeameihich ;? citedc ; not. rcoervoixs, pump statiorr,o and =Ana. The ;p.reject area is aou served by a deadp.sad, 12..imoh water line which prc vedoe ac eqeate fire protection for the present type of i4 3O installed there. ''.t o eeloting line is to be replaced by a winch line which will bo ioi in or both ands tc larger mates. The new line will provide .. crossed water pressure and a more certain supply which will allow reuse of the project area by c wider range of possible users. More important, howeveraeaele fire protection for industrial toes will be made possible by this imprceax: mt. Tor this reason, a direct benefit to the project i.e claimed on A f ant efoot 'taxis for the now line. It is estimated that the line will coat about $14 linear foot and will rem along project hoaanderiee 1350 ft. A direct benefit of $18,900 io claimed for improve. meets to the water eervi.cca, (e) Paving Shepard Hoed. Shepard Road le to eavc a 44 foot pavement past the project area. It will replace a badly worn road known as the supper Levee Roads which is unpaved and without curb. and gutter. Shepard Road will provide fast, convenient access to the rest of the City for' industries located on the riverfront. In addition, because it will carry general city traffic past the riverfront properties, advertising value will be added to the locations abutting; this ►Zaftig flow. It will cost about $96,000 to pave Shepard Reed. between Eln and Wil in Streets. Approximately oneehalf of the 4 afoot width is claimed as a direct benefit to abutting properties in the Upper Levee, That width represents the approxisate riniaum width which would be required for an industrial traffic artery eoeuixed to carve industry in the area. Sins it is customary to aamign 'benefits on a fronts--foot basis for street IIIimprovements, aad becaues no neer• occupies frontage on the opposite -side of the road in thica area, a direct benefit is claimed equal to ono.half of $96v000,. or $48,000. (f) Land Sales The St. Paul Bureau of Valuations reported that the Cite has acquired same vacant industrial land for Shepard Road right.of-war as a basis of $0.70 per sq. ft. About 1/3 of the $0.70 sq,, ft_ award wee determined to accrieo to the remainder of the trice se a. benefit from the right.offwey provided., The City paid a net price, therefore, of .46 2/3 cents per eq, ft, for ,.eat industrial ffrontage. In acquiring an oa.mnneat on Sprint Lane, near Chester Street, for a temporary bypass, the City paid $0.80 per eq. ft. for an oaee ent., In 1948 the City sold a tract on the N.B. corner of Bagle Street and Upper Levee Road for $0.47 aq. ft, to a barrel,cleaning pleat which does net use river froate e. The City Bureaa of Va Alat: oae eatInwtem value of about $0.80 sq.. ft,: fer improved industrial lend in the Lippe., even project area, The Lndastrial Menegeer of tkso St, Paul Chamber of Camerae es't.S.mle_tars that river frontage within t switchind. limAte of St.. Paul i.s w z'tis aeu $0.60 eq. ft. In 195Z to ac:144 Sielak. irwdeetriea math th as grata ole ate. which require such a location On the basis of the opinions cited above:, it is estimated that tlo project land can be sold for amt $0.70 eq_ ft. ,dppzonimately 370,000 sq. ft. will be sold for a total of $269t00O. Project /Ned withaut fill should be worth about $0.18 per eq. ft. lose, or $0.55 a41. ft. 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Oat k r..: r ' ,T- j.i '' ♦ •i:{li 4 t to ;, {. '1 .. • z ). . . .. ' ..":. a F �,a . .% •‘IV , � ,.�� ,.•{,;.x �, a=• ! � .�' a-l ate,_r.'�' .' Y '., i .q' is* , t .�•. 11.- «s 4 ---‘,5 ' �`:r !,,1,, • +(4[`'Of, I'#, q,4 7 is ./a s = , {.r mks•' yr:• 7141 s5k xF •a A. Zr. r ' 4-41144a. t 1 TE2 UPZKU LZVEE RESENAL PROJECT mazo CommurdaY Ra914 Public InderstaItdial; sn:1 s,),ppoxt for az:ban renewei is evidenced in the City ls worlzable ,?roc.a.A, xab7littad March 21, 1956 and approved October 8, 1956, The wor'zable prograo was publizhed ude the title of isyjgas in 8,11,„,_ u7s and has %;A. uldo dist7:.ibution in the city. An Exhibit which is damined to tcill the urban renat:al story to St. Paul citizens, hae bean placed on public diemlay by th43 Rousing and Redevelopment Authority an several occasions. Community orzaniAstionc have formed and are multiplying, whose general 64ective is to assist ta the urban renewal . pre-coos° Downtown St. Paul, 7,nc. , the Relocation Advisory Council and the Chamber of Commerce Coumittee for the Rivervlew Industrial District, hre bat a few of the citizen groups who are ez47agod 5n urban renewal activitielk 410 TILE 'LE TEE liENDIAL PROIDICT IC9Z704 !Xi Fo ra 6B2 rva Pr lc:Atm, was submitted with (3.71 Cc.t r 8 195.6, • U.E.PER LILY Kal:T.WII PROJECT 1141 (a) 4 • A5POIC ON GENERJ;Ii. PL.:66 The narrative report mt tt zsuerol plan ca bmitted with the Workable I.'rot;rem, approved Octo/zar 8,196Z, In Jr ef 1957, the Housing end 2sdevelopmest Anthority cuter into a corttct vhersby .t will provide financial esoistnos 101.1.1o9f,j_g13,E.d.a to Ue, -!1,snming Board to expedite ths production of a 4,: neral pla . .P7)..ul. A copy of the contract is enclosed as Exklbit 2-141(b), Ametropoliten aros plawUng b1X, wlich narrowly failed to pass during Ulm last session of the State Leololeturs has been submitted this year and its early pessace to expected, 111 THE UPPER LEVEE RENEWAL PROJECT R-141(b) CITY PANNING BOARD OF ST. PAUL January 2, 1957 Proposal of the City Planning Board of St. Paul to the Housing and Redevelopment Authority of the City of St. Paul relative to the development of a Comprehenel ' Plan for the City of St. A-aui to be financed in part by redevelopment tax. levy funds, I. Purpose The City of St. Paul is committed to the objective of developing a compxehen- ive Community Plan and to a grogram of urban renewal to implement this plan. These commitments are spelled out in cotail in the report titled "New Life in St. Paul," which was approved by the St Paul City Council on Mere!) 20, x,956 • This report is St. Paul's "Workable Program" statement to the Housing and Home Finance Agency and has been accepted by that agency to qualify St. Paul for Federal urban renewal assistance under ;he Housing Act of 1954. On the basis of the existing budget of the City Planning Board, the Comprehen- sive Community Plan necessary to the proper development of the City and required for the urban renewal program cannot be developed in time to meet the City's commitments. A request by the Mayor oc the City of St, Paul that the Housing and Redevelopment Authority consider assisting the City Planning Hoare through Redevelopment Tax Levy Funds has received favorable action by both the Authority and the City Planning Board. The Executive Director and General Counsel of the Housing and Redevelopment Authority and the Director of City Planning have been authorized by their respective agencies to prepare an agreement by which the Bureau of City Planning would prepare the general city plan elements necessary • to fulfill the commitments of the Workeele Program with part of the work to be financed by the Authority using Redevelopment Tax Levy Funds. As a result this -1 proposal has been prepared and upon approval by the Housing and Redevelopment Authority of the City of St. Paul, the City Planning Board, the Director of City Planning and the Mayor of the City of St. Paul, will constitute an agree- ment between the Housing and Redevelopment Authority and the Bureau of City Planning, II. Scope of Work The Bureau of City Planning will prepare the following parts of the proposed Comprehensive Plan for the City of Stn Paul A, Plan For Land Use and Population Distribution This will show the location and extent of land in the city proposed to be used for residential, commercial, industrial, public and other purposes , It will indicate the proposed distribution of population within the city by sub- . areas B. horti)uthfaro This plan will indicate the extent of existing and proposed major thorough- fares and will distinguish between limited access thoroughfares, primary thorough- fares and secondary thorough fares. It will locate and indicate the traffic capacities of such thoroughfares and relate them to Federal and State highway networks, showing proposers sources of financing, Co Community Facilities Plan This plan will show the location and type of existing and proposed public schools, parks, playgrounds and other significant public facilities. It will indicate new buildings required and state the standards to be adopted by the city in the development and location of such public facilities, D. Public Improvements Program • This program will identify the public improvements necessary to carry out the community development objectives included in the general plan elements. It will include a r,1athed k::fi progeaening and echedeling public improvements and . the updating of ouch a program over a period of time, cam; tin ealy referred to as capital improvements bude eting., Witbin the period of this e e.e;1ent these proposed Cempaobr•neive Plan elements will be peppered 'ego detail, presented to the City Pin ee l.tg Board and„ having received Its approval,i will be published 'I:or general dietributiCne together with the support- ing analysis„ data and tot Ti a material will be in such order as to he effectively lnp'9 onereted by appropriate City Coe acil action: It .iv understoed that the work undert:oken 'pursuant to this agreement will be used as the baste fora contin elect process of community planning' and will he kept up to dative,, refined and modified act future cod t:: oes require. Concurrently itch the development of the Coz prebenetve Plan elements to be fin- anced by Redevelopment. Tsrx Levy Puere , the Plamning Board ,1X prepare a draft of • • 4 new zoning ordinance Including text and 4 zooitre mop erd e draft of an up-to-date subdivision control o: +denancee It i.e assumed that the ordinances gill be pre pared teeth staff provided under the regeilaar Pl auv re Board budget. Progress in each wort, Weever, shell be rev iemed after this a g ,a*c;ua*gent: tact been te effect 00e year, and if the preparation of euch zoning ordinance and and subdivision control ordinance appear to be unlikely utilizing regular Planning Board funds, an amend- went to this agreement shall be considered to allow the utilization of Redevelop- ment Tax Levy Funds for these purposes, xlL Method The Planning Ord shall establish a Compeobensive Plan Section within its staff Including, but not limited to, tho following posi ti.e • . 1 Principal Planner 2 Ansir taut Planners or Senior Planners 2 Draftsmen 1 Clerk-Typist This stafg shell ho exclusively devoted to the preparation of the general plan elements described under II - Scope of Work, Itoaso Ao 8, C and D, it shall work under the general, direction of the Director of City Planning. 1vo rinancing and Payment The Housing and Redevelopment Authority will meke available a sun not to exceed $80,000 for the purpose of carrying out the work indicated under II. - A, B. C and D of this propose/. The Bureau of City Planning shall establish a separate account within its be.' get for the expenditure of such funds and shall bill the Authority quarterly for work performed in the previoue quarter. The Director of City Planning shall prepare a report on progress of the work under this agreement to accompany this quarterly bill., Such billing shall be on the basis of actual cost of staff salaries plus incidental costs including but not United to printing costs,; and transportation and supplies utilized in the performance of the work under this agreement° At its discretion, the Bureau of City Planning may include up to an additional 10 percent of the total otherwise expended for overhead supervision and exposes If nocescairy to provide initial financing for this work, the Planning Director may request and the Authority shall pay a sum not to exceed $5,000 in advance of work being performed. This agreement shall be effective as of the date it is executed by the parties thereto and shall continue Ln effect for a period of two years from the date that the Principal Planner is assigned to the work included under IX, A ;, C and D, In the event that the total amount of funds is not • -4• • expended in the two year period and the work is not completed_ this agreement may be extended. The Director of City Planning shall consult regularly wit the Executive Dihe:<'etor of the Housing and Redevelopment Authority on the progress of t`ae works This agreement may be terminated under any of the folowing c'.rcumstances: 1 Failure of the Bureau of City Planning to be able to emptey staff adequate to complete the work under this agreement. 2, Drastic reduction in the regular City Planning Board budget. S. Failure of the Housing Authority or City Council to levy Redevelopment Tax for the calendar year of 1958 or 19590 4. For other reasons mutually agreed too This agreement may be amended by appropriate action of the undersigned. Approved by the City Planning Board of the City of St. Paul by resolution Chairman �� hate approved Planning Director Date accepted and approved by resolution of the Housing and Redevelopment Authority Commissioner Date Commissioner Date approved � Mayor, City of St. Paul, Minn, Date � • THE UPPER Ltvse RENEWAL PROJECT R-142 CUBATIM OF PLANNING BOARD #.1mx.n L. copy 17, m ovalucc.. er'ontlug Plvalning Board was oubmitted with the Wavkable ProEram, appyw'cld 0,1tobar 6, 19560 • 411 THE UPPER LEVEE RENEWAL PROJECT R.143 Gimaa !LAN ELEONTS The inTortion regarding local plans, programs, codes and ordinances is contained in the City'o workable program, New Life In St. Paul, and accompanying exhibits, cvbmitted on March 21, 1956 and approved October 8, 1956. The orzani:ation and functioniug of the planning commission is described on pp. 3, 11; • ogroz-; tGaard a general plan is described on p. 12 and in Exhibit 14 m3tropolitan plxthg activity iu reported on page 12; the CILLElaminfiBeardOrdinarJcs submitted . 3 Exhibit 31; copies of codes and ordinances affecting building and /End use were carried as Exhibits 19, 20, 21, 22, and 23; and code adoption and enforcing activities of the City were reported on pages 13 . LS and in Exhibits 34 - 57. 111 411 TW W' U ER L.IME AL PROJECT 16144(a) • A statment by tho C Executive describing the steps being takea i° adopt end ouforce hoom s g and planning codes and ordinances was submitted with the Cites Workablo Program, approved October 9, 1956. Since that approval, add7.t o F'i ;gyp:A_c;,a has bciaft rado A 21ousing code has been drafted and has :beak circulated to into rc st ;d groups w and tuuavidwl citizens for their comment before public heaai i are held. A Copy of tho proposed code is enclosed, as Exhibit 144(b). An, urba,a renewal policies paper hoc been produced and circulated by the Planning Board to guide the City in its renewal program. "A copy of the paper is included i► the ezblbit folder as Exhibit 1144(0). A ropert delimiting planing districts and neighborhoods is virtually • complete• but has net yet been published. Also virtually complete io another stuftr which identifies potential urban renewal areas and suggests priorities for their treatment. Both of these reports have been available and have bean used in the eelectirrg and pIamniug of this project. 111 UPPER LEVEE RENEWAL PROJECT R-144 (b) OUTLINE PRELIMINARY DRAFT OF HOUSING CODE PROPOSAL FOR ST. PAUL, MINNESOTA (8-15-56) • Section I Declaration of policy, short title, and definitions Section II Minimum standards and requirements (with comparative provisions of the Building Code and Health Ordinances) 200 -- Plumbing facilities and requirements 201 -- Facilities and requirements for light, ventilation and heating 202 -- Facilities and requirements for fire safety (► 203 -- Facilities and requirements for sanitation, rodent control and insect control 204 -- Standards for structural soundness and preservation and protection from the elements 205 -- Regulation of use, location and space 206 -- Maintenance • Section III Responsibilities of owners and occupants 301 -- Sanitation 302 -- Rubbish and garbage 303 -- Rodents and insects 304 -- Minimum facilities and requirements Section IV Regulation of Rooming Houses 401 -- Minimum standards 402 -- Licensing of rooming houses 403 -- Conditions of transfer of license 404 -- Methods of license revocation 405 -- Methods of appeal • Section V Administration of Code 501 -- Inspection and Access 502 -- Notices, appeals and enforcement 503 -- Method of abating violations 504. -- Designation of buildings unfit for human habitation 505 -- Adm-=_nistrative regulations 506 -- Penalties Section VI Conflict with other ordinances Section VII Severability PRELL4INARY DRAFT: HOUSING CODE PROPOSAL FOR ST. PAUL (t.ith comparative provisions of the Building Code and Health Ordinances) AN ORDINANCE To protect the public health, safety and welfare by establishing minimum standards governing basic equipment and facilities, physical conditions, maintenance and occupancy of dwellings and providing for administration and enforcement. The Council of the City of Saint Paul hereby ordains: Section I: Declaration of Policy 100 - Legislative Findings and Conclusions 100.1 The purpose of this ordinance is to protect the public health, safety and welfare by enacting a Housing Code which: (1) Establishes minimum standards for basic equipment and facilities; for light, ventilation, and heating; for safety from fire; for space, use and location; for safe and sanitary maintenance; for cooking equipment; of all dwelling units now in existence or hereafter constructed; (2) Determines the responsibilities of owners, operators, occupants of dwellings; (3) Provides, as incident to the primary regulation, for licensing of the operators of rooming houses; (4) Provides for the administration, enforcement and penalties. 100.2 The Council finds: there exist in the City numerous dwellings which are sub-standard in one or more important features of structure, equipment, maintenance or occupancy. Such conditions adversely affect public health and safety and lead to continua- tion, extension, and aggravation of urban blight. Adequate protection of public health, safety and welfare therefore requires the establishment and enforcement of minimum housing standards. 101 - Short Title 101.1 The short title of this ordinance shall be the Saint Paul Housing Code. 102 Definitions: Unless otherwise expressly stated, the following terms shall, for the purpose of interpreting and enforcing this Code, have the meanings indicated in this section. 102.1 "Approved" means in accordance with all applicable codes and ordinances of the city, with any applicable State laws, and with any administrative regulations adopted pursuant thereto. i 1 102.2 "Basement" means that portion of a building partly below grade • but so located that less than half its clear vertical distance from floor to ceiling is below the average grade of the adjoin- ing ground. 102.3 "Building Code" means "The Saint Paul Building Code." 102.4 "Cellar" means a portion of any dwelling located partly or wholly underground and having half or more of its clear vertical dis- tance from the floor to the ceiling below the average grade of the adjoining ground. 102.5 "Code" means "St. Paul Housing Code" and the regulations adopted under it. 102.6 "Dwelling" means a building or structure, except temporary housing, which is fully or partly used or intended to be used for living or sleeping by human occupants. 102.7 "Dwelling unit" means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating. 102.8 "Enforcement officer" (to be defined). 102.9 "Extermination" shall mean the control and elimination of IIMinsects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods. 102.10 "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. 102.11 "Habitable Room" means a room or enclosed floor space used or intended for living, cooking, eating or sleeping purposes, but does not include bathrooms, closets, water closet compartments, laundries, serving and storage pantries, corridors, cellars and spaces that are not used frequently or during extended periods. 102.12 "License Committee" means the committee on the issuance of licenses of the City Council of St. Paul. 102.13 "License Inspector" - (to be defined). 102.14 "Multiple dwelling" means any dwelling containing two or more dwelling units. 102.15 "Occupant" means any person over one year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit. • - 2 - 102.16 "Openable Area" means the part of a window or door which is . available for unobstructed ventilation and which opens directly to the outdoors. 102.17 "Operator" means any person having charge, care, management or control of any dwelling, or part thereof, in which dwelling units or rooming units are let. 102.18 "Owner" means any person who, alone, jointly or severally with others holds legal or equitable title to any dwelling, rooming house, dwelling unit, or rooming unit. 102.19 "Person" means an individual, firm, corporation, association or partnership. 102.20 "Plumbing" or "Plumbing Fixtures" means water heating facilities, water pipes, gas pipes, garbage and disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath tubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and other similar supplied fixtures, together with all connections to water, gas or sewer lines. 102.21 "Premises" means a lot, plot, or parcel of land including the buildings and structures thereon. 102.22 "Rooming House" means any dwelling, or that part of any dwelling • containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. 102.23 "Rooming Unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleep- ing, but not for cooking or eating purposes. 102.24 "Rubbish" means combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust. 102.25 "Supplied" means installed, furnished or provided by the owner or operator at his expense. 102.26 "Temporary Housing" means any tent, trailer, or other structure used for human shelter which is designed to be transportable and is not attached to the ground, or to another structure or to any utility system on the same premises for more than thirty (30) consecutive days. 102.27 "Two-Family Dwelling" means any dwelling containing two dwelling units. - 3 - 102.28 Whenever the words "dwelling", "dwelling-unit", "rooming house", . "rooming unit", "premises", are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof". 102.29 "Yard" means all ground, ].awn, court, walk, drive-way or other open space constituting part of the same premises as a dwelling. NOTE: (The following section, which lists actual proposals for mini- ) (mum standards of facilities, maintenance, and occupancy, ) (contains not only the provisions proposed for the Housing ) (Code, but also a listing of such provisions as are contained ) (in the Building Code and in various housing regulations as ) (they appear to pertain to the given Housing Code Section. 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Jo seaze oTTgnd ao paaets eqq. uoT4tpuoo nae4Tues pue ueaTo e uT 2uTUTe4uTeW aoj eTgTsuodsa.z eq TTegs s4Tun PutTTaMp aaou ao 0k4 OUTUTE4UOO 2UTTTeMP E JO .Iaurao iaana T•ToC uo4e4tues - Toe , s.uednoop pue saauMQ Jo saT4TTTgTsuodsau :III uot4oas 305 - Occupancy Every owner or operator shall advise the occupant in writing, either by insertion in the lease between the parties or other- wise, of the maximum number of occupants permitted in the premises under this Code. Section IV: Regulation of Rooming Houses 401 - Minimum Standards 401.1 No person shall operate a rooming house or shall occupy or let, to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this ordinance except and as follows: 401.2 At least one flush water closet, lavatory basin, and bath tub or shower, properly connected to an approved water and sewer system and in good working condition, shall he supplied for each six (6) persons or fraction thereof residing within a rooming house in:iuding members of the operator's family wher- ever they share the use of said facilities: provided that in a rooming house where rooms are let only to males flush urinals may be substituted for not more than one-half the required number of water closets. All such facilities shall be so located within the dwelling as to be directly accessible from a common hall or passageway to all persons sharing such facilities. Every • lavatory basin and bath tub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Enforcement Officer. 401.3 The operator of every rooming house shall change supplied bed linen and towels therein at least once a week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. 401.4 Every flush water closet, flush urinal, lavatory basin and bath tub or shower required by Section 401.2 shall be located within the rooming house within a room or rooms which: (a) Afford privacy and are separate from the habitable rooms; (b) Are accessible from a common hall and without going outside the rooming house; and (c) Are not more than one story removed from the rooming unit of any occupant intended to share the facilities. 402 - Licensing of Rooming Houses 402.1 No person shall operate a rooming house unless he has obtained • from the a license to operate such rooming house. - 19 - for a license shall supply such informa- 1 Every person applying a an initial license requires and shall pay lee of the and thereafter an annual fee of ' fee of � house. for each rooming unit within such rooming shall not issue ae icense inl sscothe ro ing 402.3 ho which apply this Code which with other rlCity sand State regulations this to rooming houses. license shall specify the number of occupants allowed to 402.t�. Every lic occupy the rooming house. 402.5 Every license shall be displayed in a Conspicuous place within the rooming house. rooming sooner revoked as provided year r house license shall remain in force for one yea 402.6 Every in from the date of issuance unless Section 404. 403 - Condt.,_ons of•transfer of License this section shall be transferab�iting 403,1 unless license newuor e o operator shall give notice in unless the new owner or ten (10) days after the transfer in to the o or control of the interest in such any manner of ownership rooming house. Such notice shall�ership o1reC° trol ,d address of the person succeeding to the ° 404 - Piethod of License Revocation er the Enforcement Officer determines that there e exists 404.1 Udhy violation he shall serve notice as provided any violation of this Code, the owner or operator in writing that Section 5 02 and may complied with, the rooming After the expiration of the time �;=,� a notice of violation is co house u:']. a rein- house �i.cer.se may be revoked. � of violation, for compliance as stated on the notice the violation pending, the spection shall be made tOdetermine aealCisppl�nGe' If revoke the shall,not at the corrected reques d an rooming at the request of the Enforcement Officer, rev r ev earning h°use license and in such ofesuch shall action serve written notice upon the owner or opera Method .2 A real 405.1 per son whose application for a license Coen erate a may ing house has been denied or whose licen appeal as provided in Section 502 of this Code. Section V: Administration of Code 501 - Inspection and Access - 20 - more than Dollars for the second offense and not more • than Dollars for any subsequent offense, or imprison- ment for not more than days or both. Continuing violation as to any premises of the same provision after notice from the Enforcement Officer shall be a separate violation for each day. Section VI: Conflict with other ordinances Section VII: Severability i • i 4 • - 24 - THE UPPER LEVEE'RENERAL PRQJECT R450(b) NARRATIVE STATUEBT ACCOKPANYINO FO H627 GUMMY OF • '------ 4i1O- PLAUNING BUDGEX vae*am emra ..amma.r.... Staff time 'no/laded in the item "Administrative Overhead and Servioes" ie estimated at 107; of tin) time of the Executive Director, Administrative Assistant and Secretary and 5% of the Accountant's time during the four month period of preliminary planning. Item 4, "Survey and Planning", is beeed on the following estimated inputs of services: Assistant Directer 20%' Planner 40% Aasistant Planner 40% Projeot Engineer 5% Senior Planning Drafteman 30% 411 Statietical Delineator 4( The amount estimated for "Land Surveys and Appraieals" includes 10% of the time of the Land Acquisition Coordinator and 1.50.00 for the services of an outside surveyor° "Relocation Planning" during the preliminary stage is computed at 10% of the time of the Relocation Offioer and Assistant Relocation Officer, plus 10% of the time of the Clerk Stenographer aavigned to that di.e'Lsions The "Reeerve for Eetirmted Final Surrey and Planning Budget" Includee about $7600.00 for oalaries of staff pIrconnel and ic bawd on a detailed estimate of the personnel and time required for preparation of each item to be submitted during that atage. Included also in the "Reserve" figure is an estimated 0000.00 for reuse and rearketebility studies and $1500.00 for appraisals. 411 TUE UPPER LEVEE RENEWAL PROJECT R-155 Does not apply. Bo part of the nurvoy and planning work will he paid from funds other than the adwinee of funda applied for on Form. R-610°0 110 • TEE €PPER LEM RENEWAL L PROJ ACT $l6X • ,. GAL ,B U IENTATlOX Submissions made beaming on aass of Greeman vz, Housing and Radsvei p ent Authority. of City of St. Fain, . Statomenl of dotaii:;. 2 Ccpy tf plsadf alga. 3o ' Findings of facto conclusions of law and orders of court. • 411 THE UPPER LEVEE RENEWAL PROJECT R..161 • ATTACHMENT: Legal Iaformatiou R por,, Form H-6103A, part C, "Specific Nrii-ere TUT A. E. GREENMAN VS. ROUSING AAD REDEVELOPMENT .AUTHORITY OF CITY OF ST% PAUL, MINN. Tho Housing and Redevelopment Authority of the City of St Paul filed a petition to acquire by condemnation parcels awned by Allen R. Greenman; owner objected to the taking, on the grounds that the statutes under which the Housing and Redevelopment A uthority claims to act violate Section 7, Article 1 and Section 13, Article 1 of the Minnesota State Constitution and also the 5th and the 14th amendments •to the Constitution of the United States and that the property of the owner is being acquired, not for a public use, but for as private use. Soo attached photostatic copy of the petition and a copy of the findings of fact, conclusions of law and order of the court that oinier's land is being taken for a public use and purpose necessary therefor and duly authorised by the Minnesota Municipal Housing and Redevelopment Act. Owner has petitioned the trial court for amended findings and has ordered transcripts of the testimony. 411 ATTACHMENT NO. 3 R-161 • • "Findings of Fact, conclusions of Law and orders of Court" STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT 410 Housing and Redevelopment Authority of the City of Saint Paul, Minnesota , FINDINGS OF FACT Petitioner, -vs- CONCLUSIONS OF LAW Allan E . Greenman and Evelyn L. AND Greenman, Respondents. ORDER In the Matter of the condemnation of certain lands in the City of Saint Paul, County of Ramsey, State of Minnesota, in connection with the clearance , replanning, reconstruction and neighborhood rehabilitation of the blighted, substandard and unsanitary areas . The above entitled Matter, representative of a proceeding in eminent domain instituted under Chapter 487, Minnesota Session Laws 1947, as amended, and Chapter 117, Minnesota Statutes 1945, as amended, duly came on before said District Court for hearing, and said hearing was had before the undersigned Judge of said District Court, in the Court House , at the City of Saint Paul, in the County of Ramsey, State of Minnesota, on the 4th day of June 1956, and subsequent days, and was concluded by the oral arguments thereon on the 16th day of July, 1956. The Petition of said Petitioner , Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a public body corporate and politic, created by virtue of and pursuant to said Chapter 487, Minnesota Session Laws 1947, as amended, theretofore filed in said matter , and involving, among other things, said Petitioner's applica- tion to assess compensation for the real property proposed and provided to be taken, condemned and appropriated by said Petitioner pursuant to said proceeding in eminent domain, was presented together with the supplemental application of said Petitioner, pursuant to applicable provisions of said Chapter 487, Minnesota Session Laws 1947, as amended (M.S .A., Sec. 462.445, Subd. 2) for an Order of said District Court pro- viding for the forthwith payment into said District Court by said Petitioner of a sum of money to secure compensation to the owner of the real property proposed by said Petition, as aforesaid, to be taken, condemned and appropriated by said Peti- tioner, and on such account, the amount whereof to be fixed by said District Court under such Order in a sum not less than the full and true valuation of the real property appropriated as fixed by the Assessor and as finally equalized, conditional -1- • to the passing of title thereto unto said Petitioner, and the latter's right to enter immediately upon the real property thus appropriated pursuant to said Statute and demolish any structure thereon or therein and proceed with the subject Redevelopment Project aforesaid, including the same and other parcels of real property. It there- upon was made to appear that due notice of the presentation of said Petition and said Supplemental Application, respectively, had been duly served upon said Respon- dents and that due proof of such service had been filed with the Clerk of Said District Court in said Matter. The Petitioner, Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, duly appeared at said hearing, by its counsel, Harold Ruchick, Irving Shaw, and Louis P. Sheahan. The Respondents, Allan E . Greenman and Evelyn L. Greenman, as the purported owners of the parcel of real estate proposed to be condemned and appropriated by said Petitioner under said Petitioner, under said Petition, duly appeared thereat by their counsel , Lewis L. Anderson, as objectors to the granting of said Petition and to the granting of said Supplemental Applica- tion of said Petitioner. The Respondents, upon said hearing, declined to make any specification of their said objections until a date subsequent to the conclusion of the evidence upon said hearing and preliminary to the aforesaid Oral Arguments in said Matter, before said District Court, when Respondents served their brief therein, which specified their objections to said Petition and their objections to said Supplemental Application for immediate possession. The following excerpts therefrom are representative of said Respondents' specification of their said objections and declaratory of their position in the above entitled Matter: "It is the position of the Respondent that the statute..under which the Petitioner claims to act, so far as it operates against the property of Respondent, Violates the Vth Amendment to the Constitution of the United States and the XIVth Amendment thereof; that it also violates Section 7 of Article 1, and Section 13 of the same article of the State Constitution. * * * • "That: "1. The property of the respondent is sought, not for a public use, but for a private use. "2. That if for a public use , the statute by its terms permits its taking without first paying for it or securing the payment to the owner of its fair market value. -2— • • "3. That the statute by its terms denies to the owner due process of law in that he is not permitted to be heard as to the necessity or advisability of its taking. "4. That the courts of this state alone may determine the question of whether the act violates the State Constitution. 5. " * * that respondent's property is not being taken for public lousing but for lease or resale to private developers; that the property in question is to be leased or sold for commercial use; that it is a modern building now used for commercial purposes. * * * 6. " * * that, assuming for the purpose of this point only the taking is for a public purpose, the Act violates the due process clause of Article 1, Section 7 of the State Constitution because it does not give to the property owner a right to be heard on the question of whether the taking is for a public purpose. The Act by its terms provides that the determination to take cannot be challenged. It is clear that the Act as now amended provided for no notice to the property owner at any stage of the proceeding until notice of filing of condemnation proceedings is given him, and at that stage of the proceedings , under the Act, the question of the right to take is no longer open." This District Court, upon said hearing and its due consideration of all of the evidence adduoed, the briefs and oral arguments of counsel therein, being fully advised in the premises, hereby makes and enters its following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT 1. That Petitioner, Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, is a public body corporate and politic, created by Minnesota Session Laws 1947, Chapter 487, as amended, authorized and empowered, by virtue of • full compliance with all prescribed statutory prerequisites, to transact all business and to exercise all powers conferred upon it as such Housing and Redevelopment Authority under said statute, and that said Petitioner, by authority of said M.S.L. 1947, Chapter 487, as amended, and Minnesota Statutes 1945, Chapter 13.7, as amended, thereunder and in strict conformity therewith duly instituted by its said Petition and accompanying statutory notice the above entitled proceeding in eminent domain -3- • • for its taking and condemnation of the subject parcel of real estate, designated as Parcel W-111, situated in the City of Saint Paul, County of Ramsey, State of Minne- seta, more particularly described as follows: The South One-half (1/2) of Lot Two (2) except the East Thirty (30) Feet thereof and all of Lots Three (3) and Four (4) except the East Thirty (30) feet thereof, H. H. Miller's Subdivision to Saint Paul, Ramsey County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; such parcel of real estate being included as one of 488 separate parcels of real es- tate necessary for acquisition by said Petitioner therefor and embraced within its duly constituted and established Urban Area Redevelopment Project, within the cor- porate limits of said City, embracing an area of approximately seventy-five acres and bearing the official designation, Western Redevelopment Project, U. R. Minn. 1-2. 2. That said Petition, in conformity with Minnesota Statutes Annotated, • Section 117.05, the applicable Statute, described the said Parcel W-111, stated by whom and for what purpose it was proposed to be taken and condemned, gave the names of all persons appearing of record or known to the Petitioner to be the owners there- of, and prayed for the appointment of commissioners to appraise the damages which may be occasioned by the proposed condemnation; that notice of the objects of said petition and of the time and place of presenting the same was duly served in behalf of said Petitioner at least ten days before such time of presentation upon all occu- pants of such Parcel W-111 in the same manner as a summons in a civil action, and that said Petition and said notice, with proof of service, were duly filed in said Matter, and by reference hereby are made a part of these Findings. 3. That supplemental to the filing of said petition, pursuant thereto and in accordance with M.S.A. 462.445, Subd. 2, Petitioner Housing and Redevelopment Authority, in its discretion, deemed such necessary and made application to said District Court for its further Order permitting said Petitioner to forthwith pay into said District Court a sum of money to secure compensation to the owner of such appropriated real property, fixed by said District Court in a sum not less than the true and full valuation of such appropriated real property as fixed by the assessor and as finally equalized, and conditional upon such payment to enter immediately -4- • • • upon such appropriated real property and demolish any structure thereon or therein and proceed with the construction of said proposed redevelopment project involving 0 the same. 4. That Petitioner, the Housing and Redevelopment Authority of the City of Saint Paul, was created under the so-called Municipal Housing and Redevelopment Act, Chapter 487., M.S.L. 1947, as amended, M.S.A. Sections 462.411 to 462.711 inclusive, particularly by Section 462.425, Subdivision 1 of said Act; that thereby provision is made to the effect that there is thereby created in each municipality in this State a public body, corporate and politic, to be known as the Housing and Redevelop- ment Authority in and for that municipality; that said Section 462.425, Subdivision 1, among other things contains the following provision: " . . that no such authority shall transact any business or exercise any powers until the governing body of the municipality shall, by proper resolution, find that in such municipality (1) substandard, slum, or blighted areas exist which cannot be redeveloped without government assistance, (2) adequate housing accommodations are not available to veterans and servicemen and their families, or (3) there is a shortage of decent, safe, and • sanitary dwelling accommodations available to persons of low income and their families at rentals they can afford, and shall declare that there is a need for a housing and redevelopment authority to function in that municipality." 5. That the Council of said City of Saint Paul, conformably to the requires, ments of said Section 462.425, upon public hearing thereon, after ten days' published notiice in a newspaper of general circulation in said municipality, and opportunity to be heard having been granted to all residents of said municipality and its environs and all other interested persons, on the 7th day of August, 1947, duly considered and duly adopted its Resolution, Council File No. 141047, duly approved the same date and thereafter duly published in the official newspaper of said City on the 9th day of August, 1947, in the same manner in which ordinances are published in said municipality, thereby finding and declaring: "(1) That sub-standard, slum oar blighted areas exist in the said City of Saint Paul, which cannot be re-developed • without government assistance; (2) That adequate housing accommodations are not available to veterans and service men and their families in the City of Saint Paul; (3) That there is in the City of Saint Paul a shortage of decent, safe and sanitary dwelling accommodations available to persons of low income and their families at rentals they can afford; (4) That the City Council of the City of Saint Paul de- clares that there is a need for 4 Housing and Re-development Authority to function -5- • • in the City of Saint Paul as provided by said Chapter 487 of the Laws of Minnesota for 1947," That the City Clerk of said City of Saint Paul, when said councilmanio resolution became finally effective, filed a certified copy with the State Housing Commission or other State Authority having cognizance. 6. That conformably to said Section 462.425, Subd. 6, the commissioners constituting said Housing and Redevelopment Authority were duly appointed by the Mayor of said City with the approval of said City Council, duly manifested by its Resolution, Council File No. 141420, duly adopted and approved September 12, 1947, and thereafter duly published in the official newspaper of said City, on the 20th day of September, 1947. 7, That thereafter said Housing and Redevelopment Authority, acting by and through its commissioners and in collaboration with other governmental agencies concerned, made extensive surveys and conducted various studies of several areas within the corporate limits of said City of Saint Paul, wherein were involved blighted, sub-standard, slum and unsanitary housing conditions, for the purposes, among others, of determining upon the feasibility and need for a clearance and re- moval of such blighted, sub-standard, slum and unsanitary housing conditions and the redevelopment of the same thereafter, which surveys and studies had for their subject, among other blighted, sub-standard, slum and unsanitary housing areas, the area en- compassed and embraced by said Western Redevelopment Area Project U.R. Minn. 1-2, and culminated in the development, adoption and approval of the subject re-develop- ment plan for said Western Redevelopment Area Project, U. R. Minn. 1-2, and other re-development plans for other similarly blighted, sub-standard, slum and unsanitary areas within the corporate limits of said City of Saint Paul. 8. That said oollaberative surveys and studies made and conducted as set forth in the next preceding paragraph of these Findings, by said Housing and Redeo •: velopment Authority and other governmental agencies concerned, were made and con- ducted subsequent to the enactment of the Federal Housing Act of 1949, p.l. 171, 81st Congress, 42 USCA Section 1451 et seq, and embraced various blighted, subwstan- dard, slum and unsanitary housing areas within the corporate limits of aa1d'atty of Skint Paul., including, among other such areas, that certain blighted, sub-standard, slum and unsanitary housing area embraced by said Western Redevelopment Area Project U. R. Minn, 1-2; that, in the first instance, there resulted therefrom a preliminary .6• • redevelopment plan for the subject areas within said City, prepared by said Housing and Redevelopment Authority, and the submission thereof by said Housing and Re development Authority to said City Council; that, thereupon, said City Council duly reviewed and considered said submitted preliminary redevelopment plan, and based upon such review and consideration of the same, on January 3, 1950, duly adopted its Resolution, Council File No. 150738, duly approved the sans date and duly published in the official newspaper of said City January 7, 1950, whereunder and whereby said City Council made reference to Title I of said Federal Housing Act of 1949 and the authority thereby granted the Housing and Home Finance Administrator to assist local communities in eliminating their slums and blighted areas and in providing maximum opportunity, consistent with the sound needs of the locality as a whole, in eaoh instance, for the redevelopment of such areas by private enterprise, and to that end to make local public agencies advances for surveys and plans in preparation of such projects, capital grants and temporary and definitive loans, and made further refer- ence to the fact that said Housing and Home Finance Administrator would consider requests for the reservation of the first $200 million that would be made available under said Title I of said Act for capital grants, and whereunder and whereby said City Council resolved that upon the basis of such preliminary studies, that such was considered in the public interest, and that it was the desire and purpose of said City that there be undertaken and carried out with the aid of capital grants from said $200 million certain slum clearance and redevelopment work in said City of Saint Paul, and that such work could be started prior to July 1, 1951; and further resolved that said Administrator thereby was requested to reserve for such work in said City from said $200 million an amount not exceeding $2,690,176, and further resolved that thereby recognition was given to the fact that under Title I of said Federal Housing Act of 1949, certain requirements were imposed conditional to ob- taining Federal aid thereunder for slum clearance and redevelopment projects, in- cluding requirements for the provision of local grants-in-aid, the approval of re- development b pm plans by the governing body of the locality, the making of certain find- ings by such government body, and other requirements, and further resolved that thereby reoognition was given to the necessity for said City's cooperation in the prosecution of the slum elearance and redevelopment program thereby contemplated and proposed to be undertaken, and for whioh reservation of Federal funds waa,thereby -7- • • requested, and further resolved that thereby the City Clerk of said City was author- ized and directed to forward to said Administrator three certified copies of said 0 Resolution and such other supporting data and information as were required in such connection, and that said Resolution should constitute said City/8 formal request to said Administrator for such reservation of capital grant moneys. 9. That on the 17th day of January, 1950, said City Council duly adopted its Resolution, Council File No. 150865, duly approved the same date and duly published in the official newspaper of said City January 21, 1950, making reference to said submitted preliminary redevelopment plan which related to the future re- development of said area embraced by said Western Redevelopment Area Project, U. R. Minn. 1-2, and other comparable adjacent areas in said City, and said City's partici- pation therein, for the purpose of qualifying said program under Title I of said Federal Housing Act, and further making reference to the fact that said preliminary plan had been submitted to said City Council and that said City was desirous of qualifying its portion of the program under said Title I of said Federal Housing Act, and resolving that thereby said preliminary plan was approved in behalf of said City, and that said City join in the presentation of said preliminary plan and accompanying report to said Federal Housing and Home Finance Agency. That thereupon said pre- liminary plan was duly presented to and approved by said Housing and Home Finance Agency, and further research and detailed study of said area designated as Western Redevelopment Area Project U. R. Minn. 1-2 was authorized by said Agency. That subsequently, in the year 1950, said Housing and Redevelopment Authority prepared its application directed to said Housing and Home Finance Agency and filed the same with said Agency whereunder and whereby said Housing and Redevel- opment Authority sought the advance by said Agency to said Housing and Redevelopment Authority approximately $45,000 to cover the cost of its further detailed, studies, surveys, appraisals and investigation necessary to complete its final redevelopment plan; and, in connection therewith, said City Council, by its Resolution, Council File No. 154394, adopted and approved November 24, 1950, and published in the official newspaper of said City December 2, 1950, reiterated its declarations of recognition of responsibilities of said City in connection with said redevelopment plan and expressly approved said application and the filing of the same, as aforesaid, with said Federal Housing and Home Finance Agency; and that the final advance studies, -8.. • S surveys, appraisals and investigation necessary therefor, proposed by said applica- tion and approved by said City Council by said Resolution, were conducted and cow- 4111 pleted during the ensuing years of 1951 and 1952, when the final plan for the sub- ject Western Redevelopment Area Project U. R. Minn. 1-2 and that for the separate Eastern Redevelopment Area Project U. R. Minn. 1-1 were completed. 10. That said Housing and Redevelopment Authority, on the 5th day of February, 1952 upon its own initiative duly considered, and by its resolution duly adopted and established said final redevelopment plan for said Western Redevelopment Area Project U. R. Minn. 1-2, and said final redevelopment plan for said Eastern Redevelopment Area Project U. R. Minn. 1-1, and concurrently therewith the City Planning Board of said City of Saint Paul, upon the submission of said redevelopment plans to said City Planning Board for consideration, approval and recommendations, duly adopted its resolution approving and recommending said redevelopment plans; that thereafter, said Housing and Redevelopment Authority, determining that said redevelopment projects should be undertaken, made due application to the Council of the City of Saint Paul for approval of the same, which application was accompanied by said redevelopment plans, a statement of the method proposed for financing the projects, and a written opinion of said City Planning Board; that thereupon, said City Council determined to hold a public hearing thereon and provided therefor not less than ten days' published notice in a newspaper for general circulation in said City of Saint Paul of such public hearing thereon; and that at the time and place appointed therefor, said City Council duly held and conducted such appointed publio hearing on said redevelopment plan for said Western Redevelopment Area Project U.R. Minn. 1-2, and said separate redevelopment plan of said Housing and Redevelopment Authority for said other redevelopment area, said Eastern Redevelopment Area Project U. R. Minn. 1-1, and upon said application for approval of the same, and duly adopted its resolution, Council File No. 159030 upon the day following said public hearing, the 6th day of March, 1952, approved the same date and duly published in the official newspaper of said City, March 8, 1952, approving said redevelopment • P plan for said Western Redevelopment Area, Project U. R. Minn. 1-2, and approving said redevelopment plan for said Eastern Redevelopment Area, Project U. R. Minn. lel, and approving each such Project and finding and determining: 1. "That each such redevelopment plan for each Project area conforms to -9- • • said general plan of the Locality; 2. "That the financial aid provided and to be provided pursuant to said 0 contracts for financial assistance pertaining to the Projects is necessary to enable the land in the project areas to be redeveloped in accordance with the redevelopment plans for the Project areas; 3. "That the above-mentioned redevelopment plans for the redevelopment areas in the Locality will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, for the redevelopment of such areas by private enterprise; 4. "That certain official action must be taken by this body with reference, among others, to changes in zoning, the vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and re- location of sewer and water mains and other public facilities and, accordingly, this body hereby: (a) pledges its cooperation in helping to carry out such redevelopment plans; (b) requests the various officials, departments, boards and agencies of the Locality having administrative responsibilities in the premises likewise to cooper- ate to such end and to exercise their respective functions and powers in a manner consistent with said redevelopment plans; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate said redevelop- ment plans; and 5. "That additional financial assistance under the provisions of Title I of the Housing Aot of 1949 is necessary to enable the land in the Project areas to be redeveloped in accordance with the redevelopment plans for the Project areas and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under Title I of the Housing Aot of 1949 is hereby approved;" that said City Council thereupon and within thirty days after the submission of said application, gave written notice to said Housing and Redevelopment Authority of its said decision with respect to said redevelopment project; all conformable to the requirements of M.S.A., Sections 462.515 and 462.521. 11. That said Housing and Redevelopment Authority, on the 28th day of January, 1953, by its resolution, approved and established several minor amendments to said redevelopment plan for such Western Redevelopment Area Project U. R. Minn. -10- • • 1-2, none whereof affected any boundary of the redevelopment project area or made any substantial change in said redevelopment plan; that said amendments to said re- development plan, upon submission of the same by said Housing and Redevelopment Authority to said City Planning Board, were duly approved and recommended by said City Planning Board under and by its resolution in the premises; and that thereafter, on the 10th day of March, 1953, said amendments to said redevelopment plan were duly approved by said City Council under and by its resolution, Council File No. 163108, approved said date and thereafter duly published in the official newspaper of said City of Saint Paul. 12. That, as stated by the recitals of the aforesaid Counoilmanio Resolu- tion, Council File No. 159030, by the provisions of Title I of said Federal Housing Act of 1949, said Housing and Home Finance Administrator was authorized to provide financial assistance to local public agencies for undertaking and carrying out slum clearance and urban redevelopment projects; that thereby, contracts for such finan- cial aid thereunder require that redevelopment plans for the aforesaid respective project areas, Western Redevelopment Project Area, Project UR Minn. 1-2 and Eastern Redevelopment Project Area, Project UR Minn. 1.4, be approved by the governing body of the locality in which said projects respectively are situated, and that such ap- proval include findings by said governing body applicable thereto that (1) the financial aid to be provided in the contract is necessary to enable the land within the project area to be redeveloped in accordance with the redevelopment plan; (2) the redevelopment plans for the redevelopment areas in the locality will afford maxi- mum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprise; and (3) the redevelopment plan conforms to a general plan for the development of the locality as a whole; that said Housing and Redevelopment Authority had applied for financial assistance under said Act and had entered into a contract for financial assistance under said Act with the Federal Government acting by and through said Federal Housing and Home Finance Ad- ministrator, pursuant to which Federal funds were provided for each such slum clear- ance and urban redevelopment project identified as aforesaid; that said Housing and Redevelopment Authority proposed to apply for additional financial assistance under paid Act and to enter into an additional contract or contracts with said Federal Housing and Home Finance Administrator to make available additional financial -11- • • assistance for said project; that there had been prepared and referred to said City Council for its review and approval said redevelopment plans for said projects respectively, consisting of the narrative report of said redevelopment plan Project UR Minn. 1-1 and a narrative report of said redevelopment plan Project UR Minn. 1-2, Development Standards Redevelopment Project UR Minn. 1-1, Development Standards Redevelopment Project UR Minn. 1-2, Procedures for Land Acquisition and Disposition, Projects UR Minn. 1-1 and 1-2, Relocation Plan Projects UR Minn. 1-1 and 1-2, Statement of Financial Plan Projects UR Minn. 1-1 and 1-2, and supported by the following supplementary material, data and recommendations; Aerial Site Photo, Proposed Site Plan, Perspective Drawing, and Public Works Utility Map - Exhibit A City Planning Board Recommendations and Maps - Exhibit B Capitol Approach Plan and Narrative Statement - Exhibit C Statement of Participating Public Agencies - Exhibit D Boundary Map - Exhibit E Summary of Survey of Present Housing and Occupancy - Exhibit F Characteristics of Parcels - Exhibit G Redevelopment Data - Exhibit H Summary of Survey to Anticipate New Residential Occupancy - Exhibit I Realtors, Builders and Architects Statements and Land Valuation Comparisons Indicating Marketability of Project Land for Residential Use - Exhibit J. Statements Relating to New Commercial Use - Exhibit K Traffic Flow Maps - Exhibit L; that a general plan had been prepared and was recognized and used as a guide for the general development of said City of Saint Paul as a whole; that the City Planning Board, as the duly designated and acting official planning body for said City of Saint Paul had submitted to said City Council its report and recommendations respect- ing said redevelopment plans for said project areas and had certified that said re- development plans conformed to said plan for said City of Saint Paul as a whole, and said City Council had duly considered said report, recommendation and certifica- tion of said planning body; and that, in addition to the recitals reflected in Paragraph 10 of these Findings, said City Council thereby recited the fact that it was necessary that said City Council take appropriate official action respecting said redevelopment plans for said projects in conformity with the contract or con- tracts for financial assistance between said Housing and Redevelopment Authority and said Federal Housing and Home Finance Administrator, and resolved, "That the re- development plans for Project UR Minn. 1-1 and Project UR Minn. 1-2 aforementioned, having been duly reviewed and considered, are each hereby approved;" such recitals and resolution of approval having been set forth under said Counoilmanic Resolution, -12- • • Council File No. 159030, preliminary to the findings and determination thereunder quoted hereinabove under Paragraph 10 of these Findings. 13. That M.S.A., Section 462.445, defines and prescribes the powers and duties of said Housing and Redevelopment Authority, and among other things provides, by Subdivision (6) thereof, that said Authority shall possess and be authorized to exercise the following powers: "Within its area of operation to acquire real or personal property or any interest therein by gifts, grant, purchase, exchange, lease, transfer, bequest, devise, or otherwise, and by the exercise of the power of eminent domain, in the manner provided by Minnesota Statutes 1945, Chapter 117, and any amendments thereof or supplements thereto, to acquire real property which it may deem necessary for its purposes under these sections, after the adoption by it of a resolution declaring that the acquisition of the real property is necessary to eliminate one or more of the conditions found to exist in the resolution adopted pursuant to section 462.425;" That pursuant to said last quoted subdivision of said Statute, said Housing and Re- development Authority, by its Resolution No. 55-19, on the 27th day of April, 1955, made reference to said Resolution of said City Council, Council File No. 141047, adopted August 7, 1947, pursuant to Minnesota Statutes Annotated, Section 462.425, and to the finding thereunder by said City Council that substandard, slum or blighted areas existed in said City of Saint Paul, and further made reference to the fact that said Housing and Redevelopment Authority had adopted said redevelopment plans for said Eastern Redevelopment Area Project UR Minn, 1-1 and for said Western Re- development Area Project UR Minn. 1-2, respectively, therefor and calculated to eliminate one or more of said substandard, slum and blighted areas in said City of Saint Paul, and made reference to the necessity, in the furtherance of said redevelop. ment plans respectively, thereby found to exist, that real property within said re- development areas of Project UR Minn. 1-1 and Project UR Minn. 1-2 be acquired therefor pursuant to the applicable Minnesota Municipal Housing and Redevelopment Act, as amended, by said Housing and Redevelopment Authority, and thereby further resolved that said Housing and Redevelopment Authority thereby declared that the acquisition of real property within the area of said Project UR Minn. 1-1 and the -13- • acquisition of real property within the area of Project UR Minn. 1-2 was necessary to eliminate one or more of said substandard, slum and blighted areas existing in said City of Saint Paul, and found to exist therein by the aforesaid Resolution of said City Council adopted pursuant to said Section 462.425, Minnesota Statutes Annotated, as amended; that subsequent to the adoption by said Housing and Redevelop- ment Authority of said Resolution No. 55-19, said Housing and Redevelopment Author- ity, on the 27th day of April, 1955, duly adopted its subsequent Resolution No. 55-20, authorizing and directing the executive director and general counsel of said Authority to acquire by condemnation certain parcels of land, including among others said Parcel W-111, included within said Redevelopment Plan therefor and said Western Redevelopment Area Project UR Minn. 1-2. 14. That said Housing and Redevelopment Authority, upon said collabera- tive surveys and studies and in the development of said resultant submitted, re- commended and approved redevelopment plan for said Western Redevelopment Area Project UR Minn. 1-2, as thereby evidenced, found and determined that the subject area, that . embraced within said redevelopment plan, was a blighted area which included slum areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light, and sanitary facilities, excessive land coverage or deleterious land use or obsolete layout, or a combination of such factors, by reason whereof said subject area had become and re- mained a slum, substandard and blighted area within the meaning of the applicable statutes and detrimental to the safety, health, morals and welfare of said City of Saint Paul; and that said City Planning Board and said City Council, respectively, as evidenced by their aforesaid respective resolutions of report and recommendation on the part of said Planning Board, and of reviewal and approval, by said City Council, of said redevelopment plan, made similar findings and determinations and concurred without reservation in such aforesaid findings and determination of said Housing and Redevelopment Authority. 15. That said Redevelopment Plan for said Western Redevelopment Area Pro- ject UR Minn. 1-2, among other things, constitutes a redevelopment plan for an inte- grated area within said City, developed and submitted by said Housing and Redevelop- ment Authority therefor, reviewed, approved and recommended by said City Planning Board and reviewed and approved by said City Council; that said Redevelopment Plan, -14- • • as so developed and submitted, reviewed, recommended and approved, and as now con- stituted, provides an outline for the redevelopment of such area and is sufficiently complete (1) to indicate its relationship to definite local objectives as to appro- priate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (2) to indicate proposed land uses and building requirements in such areas; and (3) to indicate the method for temporary relocation of persons living in such areas; and also the method for providing, unless already available, decent, safe and sanitary dwellings substan- tially equal in number to the number of substandard dwellings to be cleared from said area, at rents within the financial reach of the income groups displaced from such substandard dwellings. 16. That said redevelopment plan for said Western Redevelopment Area Project U. R. Minn. 1-2, constitutes a redevelopment plan for an integrated area representative of a blighted and slum area in the particulars of the findings and determinations of said Housing and Redevelopment Authority hereinabove mentioned and • the subject of concurrence therein, as aforesaid, by said City Planning Board and by said City Council; that said redevelopment plan, in conformity with the applicable Statutes, adequately contemplates and makes provision therefor, and its prosecution to culmination would reasonably assure the elimination from the subject integrated area of such blighted and slum conditions, and the prevention of the recurrence of the same therein; that comparable blighted and slum conditions invariably detriment- ally affect the health, safety, morals and social welfare of all persons living in the general area of the same and invariably menace and detrimentally affect the health, safety, morals and social welfare of the public and the community as a whole, and provisions for the elimination of comparable blighted and slum conditions and provisions to prevent recurrence of the same, in purpose are public. 17. That said redevelopment plan for said Western Redevelopment Area Project U. R. Minn. 1-2, conjunctively and cumulatively with the applicable author- izing Statute, M.S.A. Section 462.525, is deemed to contemplate and make effective provision for the sale and transfer of the land condemned and otherwise acquired therefor, upon acquisition and clearance for redevelopment, by said Housing and Redevelopment Authority, to private and public redevelopers and the commitment of the redevelopment of the same to private and public agencies, subject to the -15- • • cumulative requirements of said redevelopment plan and said Statute, and to the re- strictions on use imposed upon the several parcels of real property by said redevel• 40 opment plan; that said redevelopment plan, conjunctively and cumulatively with said Statute, contemplates that said Housing and Redevelopment Authority will make such acquired land available for use by private individuals, firms, corporations, partner- ships, insurance companies or other private interests, or by public agencies, by sale and conveyance after acquisition and clearance, for physical redevelopment by the purchaser transferee, upon payment to said Authoit y of the fair use value of such land in each instance, as determined by said Authority, based upon the proposed land use as set forth in said redevelopment plan; that every such sale and transfer shall provide that the purchaser transferee shall carry out the approved project area de- velopment plan as respects the subject of the sale and transfer, and that no use shall be made of any such transferred land or any structure thereon which does not conform to said approved redevelopment plan; that the instrument of transfer in each case shall provide reasonable assurance of conformance to said approved redevelopment • plan, and that thereby the obligations to carry out and conform to said approved re- development plan shall run with the land; and that each such transaction of sale and transfer shall include other provisions calculated to insure conformance to the ap- proved redevelopment plan and the seasonable and effective accomplishment of its de- sign and purpose according to and as cumulatively outlined in said approved redevel- opment plan and in said Statute. 18. That the instant District Court proceeding, in eminent domain, ac- cording to the express provisions of M.S.A. 462.425, Subd. 1 (6) was instituted and conducted in the manner provided by Minnesota Statutes 1945, Chapter 117, and amend- ments thereto, by said Housing and Redevelopment Authority as petitioner condemnor, for its taking and condemnation of the subject real estate, said Parcel W-111, for the aforesaid public use and purpose. That after having filed in said District Court its said petition and application to assess compensation for said Parcel W-111, 5 to be appropriated pursuant to said eminent domain proceedings, said Authority pre- sented its hereinabove mentioned supplemental application for an Order of said Dis- trict Court fixing a sum of money to secure compensation to the owner of the appro- priated property in an amount not less than the true and full valuation of the pro- perty appropriated as fixed by the assessor and as finally equalized, to be paid forthwith into Court by said Authority therefor, pursuant to M.S.A., Sec 462.445, -16- • • Subd. 2, conditional to the passing to said Authority of the title to the property appropriated and the right of said Authority to enter immediately upon the property appropriated and demolish any structure thereon or therein and proceed with the con- struction of the subject redevelopment project proposed by it; that in support of its said supplemental application, said Authority established by competent and rele• vant documentary evidence, that the true and full valuation of said Parcel W-111 as fixed by the assessor and as finally equalized was in the amount of $8,950.00, and such is conformable to the truth; that upon the entry of any such Order fixing the amount of the sum of money to be so deposited by said Authority to secure compensa- tion to the owner of the appropriated property, as the said Statute provides, said Authority is under compulsion to then proceed with the prosecution of its suit to assess compensation, in said matter, with due diligence and by apt language such prosecution and with such effect is thereby compelled; that in the event of any such Order, the determination of such compensation seasonably thereafter would be thereby assured, and the amount of such compensation, when determined, is to be made a charge • upon the public treasury, of a subdivision of the State of Minnesota; that in such situation, adequate provision is made for the certain payment of such compensation without unreasonable delay. 19. That the record demonstrates that the proceedings, antedating the instant District Court eminent domain proceedings, conducted by said Housing Author- ity, said City Planning Board and said City Council, and which culminated in the adoption and recommendation and approval of the aforesaid redevelopment plan, and the aforesaid redevelopment project for the Western Redevelopment Area, Project U. R. Minn. 1-2, were in strict compliance with all applicable and prescribed statutory standards and prerequisites and in each case, upon reasonable bases, within author- ized statutory sphere of activity, and in a manner representative of the exercise of discretion and judgment best calculated to accomplish the objective public purposes, aforesaid; and that, as aforesaid, the instant proceeding in eminent domain for the taking and condemnation of the said Parcel W-111, by said Authority for the said public uses and purposes, has been duly instituted and conducted by said Authority as petitioner-Condemnor, under and in strict accordance with the applicable and authorizing provisions of said Statutes, Chapter 487 M.S.Z. 1947, as amended, and Chapter 117, Minnesota Statutes 1945, as amended. -17• • • 20. That the Findings under Paragraph 17 hereinabove hereby are qualified by the following finding applicable to the subject parcel of real estate, said • Parcel W--111: that said approved redevelopment plan for said Western Redevelopment Area Project U.R. Minn. 1-2, conjunctively and cumulatively with said applicable and authorizing Statute, M.S.A. Section 462.525, contemplates and makes effective provisions for the sale and transfer of said Parcel W-111, after acquisition by con- dennation and clearance for redevelopment, by said Housing and Redevelopment Author ity, to a private developer, a private individual, firm, corporation, partnership, insurance company or other private agency, and the commitment of the redevelopment of said Parcel W-111 to such private purchaser-transferee subject thereto and con- ditioned upon such purchaser transferee's redevelopment of the same in compliance with all applicable and cumulative provisions and requirements of said approved re- development plan and said Statute, and subject to all applicable restrictions on use and otherwise imposed upon said Parcel W-111 by said approved redevelopment plan and said Statute. • 21. That Respondents are and at all material times were the owners of the subject real estate, said Parcel W-111. 22. That said City of Saint Paul is and at all material times was a muni- cipal corporation of the State of Minnesota within the County of Ramsey, duly created, organized and existing as such municipal corporation under and by virtue of the Constitution and Laws of the State of Minnesota. Upon its foregoing Findings of Faot, this Court hereby makes, enters and files its following CONCLUSIONS OF LAW 1. That the urban redevelopment purposes of the Statute, said Municipal Housing and Redevelopment Act, Minnesota Session Laws 1947, Chapter 487, as amended, reflected in the pertinent provisions of the Statute and the prosecution of the • hereinabove described Western redevelopment Area Project U. R. Minn. 1-2, under the approved redevelopment plan therefor, authorized thereby and conformable to such provisions of the Statute, are representative of duly authorized governmental action for a public use and purpose in the exercise of an essential governmental function under the police power for the redevelopment of blighted urban areas found to in- -18- • • elude slum and substandard areas, with buildings and improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, laok 0 of ventilation, light or sanitary facilities, excessive land coverage or deleterious land use or obsolete layout, or a combination of such factors, are detrimental to the safety, health, morals and welfare of the community under redevelopment plans comparable to that for the aforesaid Western Redevelopment Area Project. U.R. Minn. 1-2, providing for the acquisition of the real estate included in the blighted area, in each case, the demolition, removal or rehabilitation of such buildings and im- provements and the elimination of such blighted, slum, substandard and unsanitary conditions, and providing therefore and assuring the accomplishment of the rehabili- tation of such blighted area and the prevention of the spread and recurrence of such slum, substandard and unsanitary conditions. 2. That said Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, is a public body corporate and politic, engaged in an essential governmental function duly created by said Municipal Housing and Redevelopment Act, . as amended, authorized and empowered by said Act and by virtue of full compliance with all prescribed statutory requirements thereunder, to transact all business thereby authorized and to exercise all powers thereby conferred upon a duly organized and constituted Housing and Redevelopment Authority thereunder; that said Housing and Re- development Authority, in common with other housing and redevelopment authorities duly organized and constituted under the Statute, is thereby authorized to exercise the power of eminent domain for its taking and condemnation of real estate for the public uses and purposes declared by the Statute, and in the exercise of such power of eminent domain, may lawfully condemn and take real estate which it shall reason- ably deem necessary for the execution and accomplishment of said urban redevelopment project or for any comparable urban redevelopment project to be conducted by it under any comparable redevelopment plan developed, adopted and approved together with the pertinent project, under and in accordance with all applicable provisions of the • Statute; that in each such instance of the exercise of the power of eminent domain by said Housing and Redevelopment Authority, the same shall represent and constitute an authorized and valid condemnation and taking of the subject real estate for public use and purpose within the meaning of Artiole I, Section 13 of the Constitution of the State of Minnesota, and within the meaning of the XIVth Amendment to the Federal Constitution. -19- • • 3. That the condemnation and taking of real property pursuant to any ap- proved redevelopment plan for any urban redevelopment project by any such Housing • and Redevelopment Authority, for the clearance, replanning, reconstruction and re- habilitation of slum, blighted, substandard and unsanitary areas, is deemed to represent and constitute the exercise of a validly delegated power of eminent domain for public use and purpose in the exercise of essential governmental functions under the police power in the elimination of slum, blighted, substandard and unsanitary areas, detrimental to the health, safety, morals and welfare of inhabitants of the particular blighted area and detrimental to the health, safety, morals and welfare of the public and the community as .a whole. 4. That the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, being such duly organized and constituted Housing and Redevelopment Authority thereunder by virtue of said Municipal Housing and Redevelopment Act, has the power of eminent domain, that in the exercise of such power of eminent domain • for the public uses and purposes declared by said Act, said Housing and Redevelopment Authority may take and condemn for the accomplishment of the subject approved re- development plan for said Western Redevelopment Area Project U. R. Minn. 1-2 or for the accomplishment of any comparable approved redevelopment plan, real estate deemed necessary for clearance, replanning, reconstruction and neighborhood rehabili- tation of slum, blighted, substandard and unsanitary areas and thereafter sell, lease or otherwise transfer the same to any private individual, corporation, partner- ship or other interest for the purpose of redevelopment in accordance with the applicable approved redevelopment plan; that in each such instance, despite any such commitment of the condemned real estate to any such private individual, corporation, partnership or other interest for redevelopment, the acquisition of the subject real estate by condemnation is for public use and purpose within the meaning of Artiole I , Section 13 of the said State Constitution, and within the meaning of the XIVth Amendment to the said Federal Constitution. 5, That all proceedings antedating the instant District Court eminent domain proceedings conducted by said Housing and Redevelopment Authority and said City Planning Board and said City Council and whioh culminated in the adoption, re- commendation and approval of the aforesaid redevelopment plan and the aforesaid redevelopment project for said Western Redevelopment Area, U. R. Minn. 1-2, were -20- S • duly authorized thereby and in strict compliance with all prescribed statutory pro- cedural standards; that such proceedings antedating the instant District Court • eminent domain proceeding and the determination upon the subject redevelopment plan and the subject redevelopment project for said Western Redevelopment Area, U.' R. Minn. 1■2, in respect of its boundaries and included real estate, were purely legis- lative prerogatives authorized by the Statute and exercised in strict compliance therewith,, and as such not subject to supervision or interference by the Court. 6. That said Municipal Housing and Redevelopment Act provided all requi- site standards therefor and prescribed and enjoined upon the local authorities com- pliance with reasonable procedural standards for governmental functions directed to the adoption, review and approval of urban redevelopment plans and redevelopment projects; that all such governmental funotions and activities by said Housing and Redevelopment Authority, said City Planning Board, and said City Council directed thereto and which resulted in the development, submission, adoption and approval of said final redevelopment plan, and the determination and approval of said redevelop- ` ment project for said Western Redevelopment Area, in said City of Saint Paul, were instituted, conducted and completed under, .aocording to, and in strict compliance with all pertinent provisions and requirements of said Act. 7. That the instant eminent domain proceeding directed to the condemna- tion and taking by said Authority of the subject real estate of said Respondents, said Parcel W--111, representative of one of 488 parcels of real estate comprising the subject redevelopment area, was duly authorized by said Municipal Housing and Redevelopment Act, and as thereby provided has been duly instituted and conducted under and in strict accordance with all applicable provisions of Chapter 117, Minne- sota Statutes 1945, as amended; that said eminent domain proceeding was duly insti- tuted under and in strict accordance with said Chapter 117, Minnesota Statutes 1945, as amended, by said Housing and Redevelopment Authority, as Petitioner-Condemnor, for the aforesaid public purpose, upon due notice to said Respondents and all other persons concerned; that therein, said Respondents, and each of them, pursuant to said Statute, Chapter 117, Minnesota Statutes 1945, as amended, have been granted due notice and the right to be heard before this District Court upon all questions of judicial cognizance, which questions relate to: (1) the purpose of the proposed appropriation and condemnation of the real estate, whether public or private, -21- • • (2) The adequacy or inadequacy of compensation therefor to be paj.d or secured, (3) petitioner's compliance or non-compliance with prescribed statutory procedural prerequisites to the exercise of the delegated power of eminent domain, and (4) the validity or invalidity of the said statutory delegation of the power of eminent domain. That the instant eminent domain proceedings and the taking and condemna- tion therein and thereby by said Housing and Redevelopment Authority of the subject real estate, said Parcel W-111, situate in said City of Saint Paul, County of Ramsey, State of Minnesota, and more particularly described as follows: The South One-half (1/2) of Lot Two (2) except the East Thirty (30) feet thereof and all of Lots Three (3) and Four (4) except the East Thirty (30) feet thereof, H. H. Miller's Subdivision to Saint Paul, Ramsey County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State, being real estate encompassed by said final approved redevelopment plan therefor and included within said Western Redevelopment Area Project U. R. Minn. 1-2, is for public use and purpose necessary therefor and duly authorized by said Municipal Housing and Redevelopment Act and said Chapter 117, Minnesota Statutes 1945, as amended. 9. That Petitioner, Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, said City Planning Board of the City of Saint Paul, and said City Council of the City of Saint Paul Duly instituted, conducted and completed in compliance with all applicable provisions of law, all proceedings antedating the institution of this eminent domain proceeding, which involved and culminated in the adoption and the approval of said redevelopment plan therefor and said Western Re- • development Area Project U. R. Minn. 1-2; that therein, said public agencies, and each of the same, in all things, exercised reasonable judgment and discretion and made determinations upon reasonable bases; that said final redevelopment plan there- for and said Western Redevelopment Area Project U. R. Minn. 1-2, in the particulars aforesaid, are necessarily designed and caloulated to protect the public health, safety, morals and welfare, and the same represent governmental functions and -22- • • activities for public use and purpose. 10. That after having filed herein its said petition and application to assess compensation for said Parcel W-111 to be appropriated pursuant to said eminent domain proceedings, such Authority duly presented its hereinabove mentioned supplemental application for an Order of said District Court fixing a sum of money to secure compensation to the owner of the appropriated real property in an amount not less than the true and full valuation of the real property appropriated, as fixed by the assessor and as finally equalized, to be paid forthwith into Court by said Authority therefor, pursuant to M.S.A., Section 462.445, Sutgd. 2, conditional to the passing to said Authority of the title to the real property appropriated, and the right of said Authority to enter immediately upon the same and demolish any structure thereon or therein and proceed with the construction of the subject re- development project proposed by it; that upon the entry of any such Order fixing the amount of money to be so deposited by said Authority to secure compensation to the owner of the appropriated real property as the Statute provides and in an amount not less than the true and full valuation of the same as fixed by the assessor and as finally equalized, and the payment of said sum thereunder by said Authority, the title to the real property appropriated and the right of the Authority to enter immediately upon the same and demolish any structure thereon or therein and proceed with the construction of the subject redevelopment project thereon would pass to said Authority as said Statute provides; that as provided by said Statute, said Authority then would be under compulsion to proceed with the prosecution of its suit to assess compensation, in said matter, with due diligence and the determination of such compensation seasonably thereafter would be thereby assured, and. the amount of such compensation, when determined, would be made a charge upon the public treasury of a political subdivision of the State of Minnesota, said Authority, and adequate provision would be made for certain payment of such compensation without unreason- able delay; and that said Statute duly provides therefor, and such an Order pursuant thereto would effect adequate security for the payment of just compensation for such proposed appropriation of the subject Parcel W-111, all within the meaning of Article I , Section 13 of said State Constitution, and all within the meaning of the XIVth Amendment to said Federal Constitution. 11. That under and in conformity to the pertinent authorizing provisions -23- • • of the Statute, said approved redevelopment plan for said Western Redevelopment Area Project U. R. Minn. 1-2 contemplates and makes effective provision for the sale and transfer of said Parcel W-111 and every other parcel of real estate acquired and to be acquired thereunder, for said redevelopment project, by said Authority, by purchase or condemnation, after acquisition and clearance, to private individuals, corporations, partnerships, insurance companies or ether interests, for redevelop- ment under and in accordance with applicable provisions and requirements of the approved redevelopment plan and the Statute, by the purchaser or transferee, in each case, subject to and upon provisions , terms and conditions therefor and calculated to insure the accomplishment of the objective public use and purpose, the subject redevelopment according to the approved redevelopment plan and the Statute; that neither any such provision for any such sale or transfer, nor any such sale or trans- fer pursuant thereto, would constitute any violation of either Section 7 or Section 13 of Article I of said State Constitution, or any violation of the XIVth Amendment to said Federal Constitution; that neither any such provision for any such sale or transfer, nor any such sale or transfer pursuant thereto, would constitute any im- pairment of the public use and purpose of the Statute or project, or in any manner or degree deprive Respondents, or either of them, or any other private property owner concerned, of property without due process of law or otherwise contravene any aforesaid State or Federal constitutional provision; that neither any such provision for sale or transfer, nor any such sale or transfer pursuant thereto, would in any manner or degree contravene any provision of Article IV, Section 33 of said State Constitution; and that no provision of the Statute or of said redevelopment plan for the subject project, nor any action pursuant thereto in the prosecution of said project, for the expenditure or use of public funds fer the purpose of the elimina- tion and redevelopment of blighted areas, would constitute a violation of any provi- sion of Article IX, Section 1, of said State Constitution, nor of any provision of . the XIVth Amendment of said Federal Constitution. 12. That the Statute does not in any manner or degree violate Article IV, Section 27 of said State Constitution; and in reference to title and otherwise is conformable to said Constitutional provision; and that neither the provisions of the Statute for findings and determinations by the Housing and Redevelopment Authority and City Council, nor the findings and determinations pursuant thereto by said -24- • • Authority and said Council, in any manner or degree violate Article III, Section 1 of said State Constitution; that the Statute does not contemplate or involve any unconstitutional delegation or relinquishment of legislative or other governmental power; that the Statute provides constitutionally adequate standards and criteria and imposes compliance with requisite statutory procedural requirements on the part of the Authority and other local governmental agencies in the nature of conditions precedent to the exeroise of powers thereby delegated; and that said Statutue neither by any unlawful delegation of legislative or discretionary functions or otherwise violates in any manner or degree, Article III , Section 1 of said State Constitution. 13. That neither the Statute, said Municipal Housing and Redevelopment Act, nor said final redevelopment plan, nor said Western Redevelopment Area Project U. R. Minn. 1-2, nor any proceeding by any aforesaid local agency in the premises, in any manner or degree, represents or is designed to effect any violation of any aforesaid or other provision' of said State or Federal Constitution; that said Statute, • said redevelopment plan, and said redevelopment project, respectively, are valid and conformable to all pertinent provisions of said State and Federal Constitutions; that none of the aforesaid objections on the part of Respondents or any of them is well taken, and that the same and each thereof should be entirely disallowed. 14. That said Petitioner is entitled to the Order of this District Court sought by said Petitioner under its said Petition, and to the further Order of this District Court sought by its said supplemental application, fixing the sum of money to be forthwith deposited by said Petitioner in this Court to secure compensation payable on account of the appropriation of the subject real estate by said Petitioner in an amount not less than the true and full valuation of such real estate, as fixed by the assessor and as finally equalized, in accordance with the Statute in such cases made and provided. 15. That the sum of $50,000.00, being an amount not less than and oon- IIIsiderably in excess of the true and full valuation of the subject real estate, said Parcel W-111, as fixed by the Assessor and as finally equalized, is adequate therefor and is that which should be fixed by this District Court under its Order, for payment by said Petitioner forthwith into the District Court to secure compensation to the owner or owners of such appropriated real estate. -25- • • Now upon and pursuant to the foregoing Findings of Fact and Conclusions of Law made, entered and filed by this District Court: • IT IS HEREBY ORDERED, that the following named persons, being three dis- interested persons, residents of the County of Ramsey, State of Minnesota, are here- by appointed as commissioners to ascertain the amount of damages suffered by the respondents on account of such taking: Elmer Justus, Louis Sauer, Francis Young, and John C. Rowland, Alternate. IT IS HEREBY FURTHER ORDERED, that the first meeting of said commissioners shall be held at the office of the Clerk of this Court in the Court House in the City of Saint Paul, County of Ramsey, State of Minnesota, on the 24th day of September, 1956, at 10:00 a.m., and that the compensation of each of said commissioners will be $35.00 per day of actual service. IT IS HEREBY FURTHER ORDERED, that said Petitioner shall forthwith pay into this District Court that certain sum hereinafter set forth opposite the des- cription of the said appropriated real estate, to-wit: the sum of $50,000.00, to secure compensation to the owner or owners of said appropriated real estate, said sum of $50,000.00 being hereby fixed therefor and being in an amount not less than and considerably in excess of the true and full valuation of said appropriated real estate as fixed by the Assessor and as finally equalized: Parcel No. Legal Description of Appropriated Real Estate Amount to be Deposited W-lll The South One-half (1/2) of Lot Two (2) except $50,000.00 the East Thirty (30) feet thereof and all of Lots Three (3) and Four (4) except the East Thirty (30) feet thereof, H. H. Millerfs Sub- division to Saint Paul, Ramsey County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. IT IS HEREBY FURTHER ORDERED, that, in accordance with the Statutes of the State of Minnesota in such cases made and provided, Municipal Housing and Redevelop- 111 ment Act, being Chapter 487, Minnesota Session Laws 1947, as amended, upon its pay- went of such sum of $50,000.00, under and in compliance herewith, into this District Court, for the aforesaid purpose , the title to the hereinabove described appropriated real estate, and all thereof, shall pass to said Petitioner, and thereupon said Petitioner shall have the right to enter immediately upon said appropriated real estate, and all thereof, and demolish any structure thereon or therein, and proceed -26- • • with the aforesaid redevelopment Project, Western Redevelopment Area Project, U. R. Minn. 1-2, proposed by said Petitioner. IIIP IT IS HEREBY FURTHER ORDERED, that said Petitioner shall proceed with the prosecution of its above entitled suit to assess compensation with due diligence;. that the said ordered payment to secure compensation to the owner or owners of said appropriated real estate and the deposit thereby represented shall be applied, so far as necessary, for that purpose to the payment of the award of compensation and damages for the appropriation, condemnation and taking of such appropriated real estate, by said Petitioner, as finally made and determined, with interest thereon, the residue, if any, shall be returned to said Petitioner, and the deficiency, if any, thereupon shall be supplied by the further payment, by said Petitioner, into this District Court, of the sum of such deficiency, for application, together with said specified deposit of $50,000.00, to the full payment of said award as finally made and determined, with interest thereon, in and by the instant eminent domain proceeding; all to the end that the full amount of said award, as finally made and • determined, together with interest thereon, shall be paid by said Petitioner in discharge of its absolute obligation therefor in the premises. s,/ Clayton Parks District Judge Dated: 17 day of September, 1956 • -27- ",n,',7",; „R '^' _. �.; 's+^r�* s r''�.747174717F" nt`44t1 ' ^�s "f g r ' 'F" 4+ 4 r' "� � �A a•� '�a , �,�+, _ �1s� r vtfi _ns of Title 1 cf Housing Act of 1949 with the United States of Aaaerice .•t." `' and trrough the Housing and Home Finance Administretor pursuant to which federai funos are provided for the slum clearance and urban redevelopment of Western rtea••.1: . . �aent Project UR Minn. 1-2W (c) that the redev bpsent plans for the redevelopment of ta area in the locality will afford maximum opportunity consistent with souni nri4i tn.* locality as a whole for the redevelopeont thereof by private enterprise; t.'het Bali .e.olution approved the Western Redevelopment Project UR Minn. 1-2 for s esr ear,nca and urban redevelopment. That said area encompasses the area discr!bed r it "A` hereto attached and by reference thereto Bade a part of this petition.. 6. That on January 28, 1953 the commissioners of the Housing and Re.'e r-.1: Authority of the City of Saint Paul adopted a resolution approving amended re'e_. t .t.o meet plans and boundary description for the Western Redevelopment Project 1.. '4 -`. that sai:i amended boundary description is set forth in Exhibit "r" zeta .,tarhe,1 Anr' by reference thereto made a part of this petition. 7. Mat on March 10, 1953 the City Council of the City of Saint Paul ec -r'tf ,, r 1t tio'. being Council file No. 163108 approving said amended plans and be.un ,N : 4scziption for Western Redevelopment Project UR Minn. 1-2. That said amendocl M•c i^tarn is set forth in Rxhibit "B" hereto attached and by reference thexet; n 4ye art .-f this petition. E.. That on Mirth 2, 1955 Nick J. Smith, Frank H. Delaney, Arthur E. =te\ t,: , avtc.n t ein and Dr. Melvin A. Hamalerberq were the duly qualified and acting ...>r 1- 4 t ,mere of the 4ausina and Redevelopment Authority of the City of Saint Pau, , the: 1. :<4. cat. said commissioners of said Authority adopted a resolution autho:_z'_- r,c directin;• the executive director and general counsel of said Authority r •j connomaatt -n certain parcels of land in UR Minn. 1-2 Western Redevelopment are. , ='py f qt' '.ch resolution is hereto attached and identified as Exhibit "C" and 'Iv reference thereto made a part of this petition. 9. That it is necessary to acquire the parcel of land herein described ta- • thar with other parcels of land for the purpose of clearance, replanning, recce- �•zvcticr. ar;u neignborhood rehabilitation of slum, blighted, substandard and unsani- tary areas pursuant t2 the provisions of the "Municipal Housing and Redevelopment A::t". ..3_ A 'p ua{ s r,%NB •,i17aa' 't961 `o Atcnsq,d ss,TArn 0 ; S ;-rv. 40 rlossuuTN 'A;unoM Aesasr� P 1 M: 7+° .9c6 t "At ;<. An, - ---- spa es szo;eq of WOOS put psq; r,s_ utsumo 411T* .'C 'PU( •uiesego g}so; Yes se •nxl 'bulk"; TTt aT CIO sees eg} }eq} put ;oez*Vl f:;.4411;: : a41 sMOwt put uol4;ied Pits pees seq aq ;eq 'saauu`sslowaoU ; pivcg '; , #,: ;, ; Aq uo ailed eta pou6Ts situ e e put 'uoilesodto� t� o szaur sx r w-, e • 1 Y g 3 ql Pu Pt 3 r�Ag� rr j aq ;o useaitga eV} sl sq ;eql pus xeuoi;'rlad sq , ;o ;te'laq uo u: 1 ,14.111 r. •41 ps}noexa cqM uoszed eql sT eq ;v.l sAts 'u.zoes Ainp buieq 'k"'+ls& 'f x,Tti *Si M'{ �w . 4"1144/!2-1:2!"1., UOMIIND Ag v,i os 3NN TN 'invd ISMS JO AL Io 3HL do u mHtnv L 3 dO ThAaa3a orty DNisnoH •zed.sd pus lin(' seep Are. }xnoj eqi st ;44tt3x 14 �yns :c3 Out peplAotd put epee e1109 goofs uT eloseuups ;o •les oral ;o solnlvls w;„: )u,,r.l cant uT bum; s14; Aq peuoist000 sq Aw k"p;gs e6tesp owl as is.rlat 04 s zau: i s; : builulodde }tnoo sig4 ;o xapxo ut so; sAezd zsuai;ilsd znoA ':1e0:i34aJ.m Is cl uoisi*lpgns s•tsiTTW \ •H 'ioszagl leej OE lima \aDxe p pie £ s401 ;o TTe 'ueaiueszv,, 41e44 4404; OE 311113 syl ..i u4iaw3 Pup V 401 JO VI gang •q.L •steuuo sad utmaa.XU •3 thrill/ t : ' )0140T4osed /airy ise.mut iiimir3q 3va 3,5w-Trr ;o ss'n4s14 zo/pus saeu*) ,it to; is •T peuTslze se sq use is Aisssu is goee ;o lsesa:u t eql ;o \tpabol xerso3sip o; Artrthu; put uoz4e6tlssauT Aq aigt uaaq ssq \i4W Tis 6uTpntouT uletacf ls.4alu4 vie 6utwty so putt 1. is to sr ;,A• ‘oh of uMOU1 JO pxoas.z ;o buiseedde suos.xad tit 4e41 psAt Avunoo 'plod wpm to Alp sql ui pslenl Ts * i snu;FJ)-z-' :Mail eat of putt ;o teased pes.i ssp bulstottcr -0T41 *ry' ^r a ,r�• � }"p 7i; {s''7g�., . *.x777 7 4';rt"'"'1 ! r r.ay•.ptt 9, 1;a7 in compliance with Article 4 cf .t, 1 ;47 • *1- after a rju' - hearing ell u ,r. due pass..;•. •4 ru• ^;•i;♦ thereof, the City Council cf the City of S31nt . ;:' ticn ceing Council fi :e No. 141047 findinc,z (A) tnet • er4., sr.:: b1. ,hted areas exist in the City of Saint Paul, Minrres ,ta, 0!,. ' as vbiesa ped without government assistance, and (b) there is a need fl: `r: a.lc ,iedevelow,ent 1.uthority t,) function in the City of Saint Pain , i=.7 of Laws of Minnesota for 1947. 7- ot the : asinl and Redevelopment AL•.hority of the City ^f Setrnt ti, ` ' x puhl :, -,cr-:ration created ani duly organized and ex4.stir.q °M niclea! H usio and dedevelopment Art", being Chapter 487, Laws :-47, as tazerndo(f. The ,.. on September 12, 1947 the City Council of the City -f ; Minn•f _to a,iopted a resolution being Council file No. 141420, approving t'-,e a. - she thtn aeY )r of said City of Saint Paul of Ryland J. ?^. thscht ld, !1 , r,rr'.1 FranK J. mill, John B. welch and Fred C. Nelson tc serve e . a er<. ' the a.ve:ning body of the 4ousinq and Redevelopment Authority of *`.w , f 3{;-it Paul , Minneedta. a„ 7h At after extensive studies of substandard, slum and blighted ar= r r, e:-+t Pool . anG on February 3, 19112, the commissioners cf the H1'.. $1 a ' Aut'-,ori t f of the City of Saint Paul duly adopted a resolution app;c vi-t,: • e:t'a letiv:*rie•' by 'tondo, Western, Fuller and Rica Streets in said city for slum t °a ;? 9fi a tazn davolopa;,ent proje=t in accordance with redevelopment plans , et,-‘, Pa '. . 1 -ea Chown as the Western :iadevelopment Project UR Minn. 1-2; and er.c .c:. 1 +'r:r the aura ` esc:toed on Exhibit "A" hereto attached and by reference ther-t. 4 ;=r,rt, f a f . uX ' a t on 1'a. h f , 1?52, the City C.ounci! of the City of Saint Foul A :.n:rig C,t,,..il ills No.159030, approving the redevelopment plans ^r* , b >tc°az;r.; sn`' Redeveirpment Authority of the City of Saint Psul for the 'w,=te• ,-.',eic;ment project O. Minn. 1-2, finding and determinings (a) that the retie lv- f ,t S41 Arta =.., n! ret to the general plan for the city as a whole; ;c- ±` ;t r. t•7 , •1c;.s%r: ,le !rvelopmont Authority of the City of Saint Paul hat applied -r fi - r'r' 3 . u l±i t Llry:s e d has entered int, a contract for financial assistance ufz_+tr :. 0 a` r f r;rr ..trYsµ n 3, � f s o r F. O r r r > F. s k r A •- .- h. • s r o !w..r i O s 1 • ° �"+ C. • Y, a . . • • 5 n iii • � ... t.. I.) I., .1 ' e $• i• ! > . '• •A 0 -1 •i ■�. r r1 f-1 • • r e • w $ .� • • t a • O A 0 r i - . w 0. .� w w • .w e • • ; «, • z w • • to '•� w . e e w •. ,. q' y M r e .- le r 11 `e • • i w s'.. • •. •: .. tT. . m ■ •• • • rr • t . i .e.. , . = Z _ Fx •.•1111 f r. U .O = • •'o, - t. w e. • .. w ▪ • e '• o x0 ,w • r, I • • ~ ~ r. i -, if • F�' •-1 . • • V r z . i i, a . • - „, ,c f1- • fO • d • Q w • • • .. • • `• • a.e. 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J I•s . yA,: "Copy' of ,Pleadin asr 114 wM 1 i ; . a • *tent .4t't, )rity . { the. Psti:inner PEI1 T ('tr' . re AS lj? pAR(z: w-1' i . L.. »rtras:� ,rr. :ti`»..,, 1. . •1.1 enrn3n, r+.*si,onfien t4 '• e matter df the condemnation of certa:n leads in the City of f''*. : y �,,.�• :` i atawey, State cf 'Ainnascta, in connect ..,t e�.;i, •l:e :if s:a, e, r.epltrLn'.rq, reconstruction and neichbc�rhocd • _..: `�l,.. �� ' suhs^: ena. :Z�:� fre: t! :.r*e.: hfre:'a, :.hA 1,-,using and n..;evelop ent Author: t' t +'�e 4, =av1 'rinnail .,, respectful .y alleges, 431.415 of the •Municipal iiousinp and Redevelopment H. w 7 t,;'.rr .t• a of minnasat~s for 1947, as arsnde1, (Minnesota Ctatute 4, 4 a4 '. 111; .. ::eres that the public interest requires the clearance, rerlivr ere! aeigh`.•othood rehabilitation of substandard and unsanitary are+s ; a. s . era.' rer. i v;..;aeelt is esr.ential to protect the sources of public revenues •.: • tc I:rctec the ' nancial stability of communities, it is necessary it;�{.l'1�/'j and J.); tel area• according ' � piing to a ccwrpzehensive �-� rmi ty •�, �-- " t.neca _:nit ens cannot be remedied by ordinary operations r :rt- r. ,r try ;eriattu • alorsz that provision rust be made sn-eu-a er y 4 t: en a •; _ r?jcvelccacer,t in srr"tt.a atd areaE, to t.r cons trs. : i. r11, : a • fuc• t E::e.:r tr.st or'.+.: s.;;n must also be made tc f. �t^=clt rri �s:eja i- , and for the ee,;uisition by ,rivate antr,xcrice at fair • r?ct for such curoosee in r•u.•stanviar' ar4as, asri for 1 ta.^.c40 t',, arty t;• wfCJU.e,1e i.racediate d'eve1-oraerit by the ;riot:nr, of it ▪ f:sd; that I:ca1 bodies must be created and authortzf.o. ! ta •� •!1'!�DrCrc'`•, tc ;,•rrvide a'ecquate redevo.loo one of substancard aTeAs; • �• O., is ; irt..w1 dtt . , is authcrized or unr1PIteiten it snail he 1.. : iry .lt..+,-r , 1,•^• 1 *ha t'e needs cannot be met titraRr+Y., reliance sole y 4f:t; f- . 1747. ,n.i after a fvt : hearing r e:1 up�r, duo pastas! 1;a ru' 1 c ;u•` r 41,vin. 17tice thereof, the City Council of the City of Saint Pet ; + ': tad a :. .Cation being Council file No. 141047 f1ndin•,3+ (a) tile*. ' ♦rd, ;lay, and bii,;hted areas exist in the City of Saint Paul, Minresta, "h,c ' ' '• as re4rr`eicped without government assistance, and (b) there 1s a need f.►: +fin; and 'Redevelopment .Authority to function in the City of Saint Pain , Minti,«; t , , - r-vided by .;beater 487 of Laws of Minnesota for 1947. at the n:using and Redevelopment Authority of the City ^f Saint P;.,' , public. .corn ration created and duly organized and er{ating "Municipal Husin3 and Redevelopment Act", being Chapter 487, Laws of M?nr,e�r ;;. ' a .47, as amended. That on September 12, 1947 the City Council of the City ;,f ,,i-,, 1 ,1; , Minn.t,;ta adopted a resolution )sing Council file No. 141420, approving the a; _ Laent by tter then mayor of said City of Saint Paul of Ryland J. Rothschild, z r r?„ n!r, a 11 y Franx J. ?h111, John B. welch and Fred C. Nelson to serve a s i ^7rrs r the 9:ve ning body of the Housing and Redevelopment Authority of r'Y =f Stint Paul , MinnesoU. 4... That after extensive studies of substandard, slum and blighted areal ' te -'r :;i;nt Paul , and on February 5, 1952, the commissioners of the H;ousir : A.", : • 1 �Lrn: Autor% t'f of the City of Saint Paul duly adopted a resolution a FP:cyi n,;, • '"' area lot je=-' by Rondo, Western, Fuller and Rice Streets in said city for slum - `,' -a ,c 4 Ind urban derwe i apeaent project in accordance ce with `e .t area is known as the Western ledevelopeent Project UR Minn. 1-2; and erz:o--• • +tr°a the area .•described on Exhibit A hereto attached and r ` by reference there ,. to 4 pert c•f this petltim. on Y!a.Ch E., 1952, the City Council of the City of Saint Paul t:"!ng %^un.11 file No.159030 a wpm P approving the redevelopment laps ore.. ? •.", ricusir:; en,f Redevelopment Authority of the City of Saint Paul for the eerie' , ` $� t ' 'react ent Project UI� Winn. 1-2, finding and detezarininga (a) that the redevti:a,;_ 4„ i :n• fn 541d area ccn,'orea to the general plan for the city as a whole; r. ; t',,! 4 tray ycs t1r , ,r,;; eievelopment Authority of the City of Saint Paul has applied frr 01 - 1:;i + ' �'•''' s '. gas!*lance and has entered .nt, a contract tot financial assistance un_+er +,• r ;{ 4 ��xa .�. 's FavrsusnL to the ,* • provisions of the *Municipal , ” �'•1�' Housiaa and A:t'. A Redevelopm+nt .� ;�z .4.. ; `444q}:. 44041• ! ,,..� ::`�'�L"� ✓"f Sk !�. 4..tq,�., i R r.:�,.,7' ,.,. r: y d� .�' ,h+�� 3'2 � �`.. _ �4�g?Ii4 "� 3'�,�ge�v� `'�, ,.� ^�a�B�Y q � 4, T4�°+d a Ma ,� a� ',�r p"� ',.,�-r A ➢1-C�F�X� "tea tin I.'J;vet 9. 1947 in compliant* with Article 4 0 ^ ster a;; ' 1347, ..,i after a r•1' _ hearing .ell u nr. due passe,e n.;ti.e thereof, the City Council of the City of Saint k5 •, ;ea a r.. * ;:Ltion being Council file No. 141047 findtn•:,* (e j t'le t • 41k", s }, era b11 h:ed areas exist in the City of Saint Paul, Minnesota, ..11.' be r*,*tie.;^peo without government assistance, and (b) there is a need f,?: , !P: 41: AerevnIc ,ant kuthority to function in the City of Saint Paul , Ml ev e • -visit ! t.y ., after 4S7 of Laws of Minnesota for 1947. at the :usi:zl and Redevelopment Authority of the City ^f Sain; P-0 . tA, ' >uhl :. :c:;•�rati:n created and duly organised and 1.,x'-stir i;r4.a -Mvtici .e1 H usin) end Redevelopment Act", being Chapter 487, Laws .,f as Amende;4. That on September 12, 1947 the City Council of the City 71 : n ; z.: Ninnet. adopted a resolution haling Council file No. 141420, epproving the t eft t,v t ' then c,ay)r of said City of Saint Paul of Ryland 3. Rothschild, P, ar.r,�rlt, Fr-lox J. 7hill, John B. Welch and Fred C. Nelson t^ serve -'err=. :be ;a:ve:aing body of the■ 4ousino eni Redevelopment Authority of Y - .1 'a*1 nt Paul , Miens rota. 4. 'fat after extensive studies of substandard, slur and blighted srol- _ r : � :, + . 't Peal , and crt February 5, 1952, the commissioners cf the ague: ' a Au:.`tori t f of the City of Saint Paul duly adopted a resolution api•:•:v; 1, a :ea bov,Je.,! by ,tondo, Western, Fuller and Rice Streets in said city for slum 4. . en; urban development proj.:t in accordance with redevelopment plans , "'1:'" i yy Y3 f .+, 1'e4 It known as the 'Western 3edevelopa,ent Project UR Minn. 1-2; and sr.L_;:. ul the acts . desc:1O.ed on Exhibit "A• hereto attached and by reference there: . 4 0rrt :.•f this petition. on Mx-rch f , 1352, the City Council of the City of Saint Pau: ::ati,:bz ;•'t ng !:s.vn.11 file No.154030, approving the redevelopment plans --rte I' -;c'. str.; en. Redevelopment Authority of the City of Saint Paul for the wc=te' ' x; uw t . . .et pnnent croject Minn. 1-2, finding and determining, (a) that the rep evely- snt f ,s sai ^ Arai :,nl,re to the general plan for the city as a whole; ;c; tit' lc .si:,_ 4."'J ,fie levtlopment Authority of the City of Saint Paul has applied ' r 41w r•r' ' of*i ! tsn:e and has entered int, a contract for financial assistance uw!ar '.' A {:k .5 -2- # y; {ei7 xq vas r'a..o'a^ - x ? 'Tar yak `" c. �,3 ' i+^4J "' n h,'''.1 r-. ' i? ':::'7,-,7q' ra S H ca —A:.-4 :'4 �,4yj' '„ ', ,.,,.a s''rr vk t:4;;;, rs,.. M�"I k .i �' ply +a 3a ^': 8 q1 a! fir_' 4 i ��x: hr's J of 1949 with the United States of Morita a�••`-f s�vi9i�nx of Title I cf Housing Act rsuant to which federal Finance Adniaistretor p+i •y and through the Housing and He dd vets e redevelopment lope+ at of Wes �e• funds are provides for the slum clearance and urban enc of ; Ait evubp�nt plans for the redevelopment R,ent Project UR Minn. 1-21 (c) that the � sound r,�a4s opportunity consistent with e ,atc� area in the locality will afford maximum PPo lop�ent thereof by private enterprise; td; ,c Gha locality as a whole for the r� r asolution approved the Western Redevelopment Project UR Minn. 1-2 for slum that Bald r the area deecribed nn a and urban redevelopment. That said area encompasses�,earanG b a part of this petition. »A• hereto attached and by reference thereto Md� :x.'�i"�it Housing and Ke;,�e',+l`�" 6. That on January 28, 1953 the commissioners of the t Paul adopted a resolution approving amended re:w- of the City of Saint Project �° ,,ant Authority ent prof plans and boundary description for the western Redevelopment...flop/sent p in Exhibit "�'" �., 7 e t�, 1 _ That said amended boundary description is set forth• -ttached end by reference thereto wade a part of this Pe City Co*iincil of the City of Saint Paul a<+.+ pte 1953 the Y 7. That on March 10, d plans and btAan le r Y said arsende P s. e resolution being Council file No. 163108 approving amended " ;^.iy ; yr nt Project UR Minn. 1-2. That said acme 'N , ascription for rlestern Redevelopment reference thereto woe ;:..,cripticn is set forth in Inhibit 68. hereto attached and by part cf this petition. Delaney, Arthur E. Reiter , 1955 Nlck J. Smith, Frank H. ,� That on Mirth 2, c<x.r- .. svtcn G. Hein and Dr. Melvin A. Harerber9 .rare. the duly qualified ac►d acting nt Authority of the City of Saint Pave . t�'�' .i ,sionera of t,a.ibousinq and Redevelopment adopted a resolution auL�ar z,,;. , , to acglli«d adld cat* said crwirissioners of said Authority counsel of said Authority general coo PSG , the executive director and g nt area, i,> -raw directing Minn. 1-2 Me stere Redevelopment ry caneezxt'.cn certain parcels of land in UR d wh!c,h and by solution is hereto attached and identified as Exhibit "C. part of this petition. reference thereto made a P to- , to acquire the parcel of land herein described t q, That it is Pre replanning, recce_ of clearance, : ,,; ;;ether with other parcels of land for the purpose tad, substandard and unsant- bligh N } ' 13.,.<,', ° „ 1 Housing and Rsdevelops►en±. . }�# ,t:ucticr. and neighborhood rehabilitation of slum,ci , . fi, , Mkrn i Pa E ' ±ts-y arses pursuant to the provisions of the J Y ; At • Y 1ik' Sul,, {- 4 . -q' ..f, 3. 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PAUL, MINNESOTA February 15, 1957 The Honorable error and City Council City Hall and Court House Saint Paul, Minnesota Gentlemen: I am enclosing a copy of Resolution No 57.7, adopted on January 30, 1957 by the Housing and Redevelopment Authority of the City of Saint Peel, Minnesota, authorizing the filing of an application for federal planning funds in the amount of $20,660 for an urban renewal project to redevelop the Upper levee Area. This application was reviewed and aeprared by the City Planning Board on February 8, 1957. A copy of the resolution of the City Planning Board is also attached. In accordance with the regulations and procedures of the Federal Housing and Hoene Finance Agency, which administers the Federal Urban Beneval Program, an application for planning advance fug for an urban renewal project must be authorized by a resolution of the governing body of the city in which the project is to be planned. At the request of the Housing Authority Commissioners, therefore, I ain hereby respect. fully referring the matter of this application for planning funds to the Mayor and City Council for appropriate action. A full copy of the proposed appl icat ion to the Federal Goverment is attached to this letter. Further copies are available for Council consideration in our office Under letter of January 31, 1957, explana- tory material concerning the proposed urban renewal project was sent to each > r of the City Council. The General Counsel.of the Rousing and Redevelopment Authority has discussed the appropriate form of resolution with the Corporation Counsel of the City of Saint Paul, libe Hurley. Representativiess of the Housing Authority will be pleased to meet with the City Council to discues the proposed application. Respectfully yours, B. WARNER SHIPPER Executive Director CITY OF SAINT PAUL TERRANCE S. O'TOOLE LEGAL DEPARTMENT LOUIS P. SHEAHAN SPECIAL AS THOMAS J. RYAN SPECIAL ASSISTANT JAMES F. SULLIVAN ROBERT E. O'CONNELL MARSHALL F. HURLEY J. JEROME PLUNKETT JOHN J. MCNEIL CORPORATION COUNSEL ASSISTANTS enoop February 15, 1957 v.r. Harold F. Fiutc t ck Attorney rrt Lau Firet National Bank HuiA; x saint Paul 1, Minnesota Dear Mr. Putchi.ck: I have prep red a resolution for the use of the Council which approves the filing of an application by the Housing and Redevelopment Authority of the City of Saint Paul for an advance of funds by the United i tates of America in reference to the par- ticule:r project the deecriptian of which was given in the form of suggested resolution w h'ch you sent to me. I am turn.ine over to Mr. 4jiordan, reading clerk of the Council, the farm of Council reeoluti Dn referred to eo that he may have it on h';nd at ,,,h..tever Council session the matter of approving the action of the Heu ei ng and Redevelopment Authority comes up fer discussion. Copies of this communication are being sent to Mr. Warner Shippee, rxecutive Directory of the Authority, ane Commissioner Prank :Maraitelli eo that all mey be advieed that the Council resolution heel been prepared by this office and iv ready for intro- duction. Mune very truly, Marshall 7. Hurley Corporation Counnel cc 'fir. 14Lrner 5hippee He. Fren r . M rei te1?i V rr. Harolr' Riordan nr deteriorated, or slum areas or to undertake such other feasible community activities as may be suitably employed to achieve the objectives of such a program; and WHEREAS, It is recognized that contracts for loans and capital grants for urban renewal projects will require, among other things, (1) the approval of the urban renewal Plan by the govern- ing body of the locality in which the project is situated; (2) the provision of local grants-in-aid which may consist Of donations of cash, land, demolition or removal work, and the installation, construction or re-construction of streets, utilities, parks, playgrounds ox other improvements or the prevision of ether public buildings or facilities; and (3) the development of a feasible method for the relocation of families displaced from the urban renewal area, HOW THEREFORE SE BE IT RESOLVED by the City Council of Saint Paul that the proposed Urban Renewal area described above is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the undertaking by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, of surveys and plans for an urban renww4I renewal project of the character contemplated byr SeCtion 110 c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved: That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Administrator is hereby requested to reserve for an urban renewal project in the proposed Urban Renewal Area described above Federal capital grant funds in an amount sufficient to enable the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, to finance the undertaking of the Project That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal Projects with Federal financial assistance under Title 1, including the requirements of said Title I respecting the workable program mentioned above, and that it is the sense of this body (a) that a feasible method for the relocation of families displaced from the urban renewal area, in conformity with said Title I, can be prepared, and (b) that local grants-in-aid, consisting of donations of cash, :land,demolition or remove' work, and the installation, construction or reconstruction of streets, utilities, perks, playgrounds or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban THE UPPER LEVEE RENEWAL PROJECT 8104 . I. _____ Back r__ The area selected for urban renewal is about twelve acres in size and lies on the left bank of the Mississippi River, approximately one-half mile from the central business district of St. Paulo This river-front tract of land is known locally as the "Upper Levee". The Urban renewal area, occupied by a rather compact group of about ninety (90) structures, is situated in an industrial environment. This small "island" of housing,, faces the Mississippi River, is backed by railroad yards and flanked on either side by heavy industry. Behind it rise the steep river bluffs and high over one end of the settlement, stretches the Smith Avenue bridge, The residents of this area are isolated from other residential areas and cut off from ready access to normal community services and amenities. Churches, schools, parks and shopping facilities are located above, on the bluff, at an inconvenient distance from the young and old who reside on the river bank below. • The dwellings in this area are generally old structures, inadequately sited and poorly equipped. The streets upon which they front and back are narrow and mostly un- improved. New public improvements, already approaching the area, will require rights- of=-way through the settlement which will drastically reduce it in size. Such a change in the area probably will extinguish whatever social or community value the residents attach to the site as a place to live. A major, intracity traffic-artery is to be constructed through the river side of the Upper Levee community and the existing levee is to be raised and made to serve as the road bed, This construction will leave the remaining residences "pocketed" in a place of lower elevation with the raised roadway at their front and the steep river bluffs at their rear. IL Selection and Del r►ec ion (R-104) Selections The Upper Levee is selected for urban renewal at this time for reasons which may be summarized as follows • R 101 H-6100 • Potta Approved (To BS FILLED IN BY HHIA) (12-54) Budget Bureau No. 63-8882 PROJECT NUMBER HOUSING AND ROME FINANCE AGENCY URBAN RENEWAL ADMINISTRATION LOCAIiTT SURVEY AND PLANNING APPLICATION. DATE RECEIVED • (Urban Renewal Program) A. SUBMISSION 1. TYPE OF SUBMISSIa1i E:,.] Original Application,subaitted,by this Applicant r Revision of previously approved Application, Project No. for purpose of [ J CNANOE IN AREA [ j INCREASE IN TOTAL ESTIMATEp, COST • 2. RELATIONSHIP OF SUBMISSION TO OTHER APPLICATIONS FOR THE FEOJECT t I This is the only Survey and Planning.Application to.;be subaitted for the Area-identified.in Block D below E J A second applicant �J NAS SNIMITTEO . L MILL $LIMIT an Application for the Urban Renewal, Aroa iden- tified in Block D below. Legal Coro•ate nano of seeosd applicant: B. IDENTIFICATION OF Q►PLICANT ' _ . 1 LEGAL CORPORATE NAME ..:cx.ae :ag and Redevelopment Authorit r of the 'C'i#y If St.` Pilaff C i L T OR TOWN }! COUNTT�.� STATE (y * f ti Y O ♦'dam+-t. • . : _ -Y .'` k: i ne so l a C. AMOUNT AND PURPOSES OF ASSISTANCE REQUESTED " • The Applicant hereby eppl.ies,to,the United State= o.f America (h•rein called the "Government") for an advance of fund; under Section 102(d) of Title I of the Housing Act of 1949; as mended•• including particularly the anendnenta of the Housing Act of 1954 (herein called the 'Aet');' in the rumen* aooat of $ :2•0,460410Cr for ye and plans for an Urban Renewal Project of the character .00ateaploted by Section 110(c) of the Act, in the Urban A 1 Area de- scribed in Block D below, which it proposes to undertake and carry out with the fisaacial aid of the Government. n. DESCRIPTION OF URBAN RENEVAL AREA The Urban Renewal Area is that iospitain area locally•known or proposed to be known.as the YET Levee Urban headword Area, situated la tie City of St. g . � County o f eta m • end'State .1 to ate- •-std bas geaetally as fellows: • °sue'°8 at the intersection of Elm Street and Upper'Levee RDad kaW t ere in a r. rthwesterly direction .on the nert,beast site ,qi' Elm ICOa_StreatgA9, 1te interseetioii with Li l Street; then along the north elide of4 f U. Strict in-a Vestet'1,y direction to- its atersection with Spring Lane; .outhweater a1 r �y along the ly0rthwsat�r3y side o. Spring Lane, to its intersection with Wilkin Street;_ then,, in a southerly direction along the gt • ::e of Wilkin Street to its intersection-with the Upper• Levee Road: then in a • nor z-..aaster1i direr 9n along. the,,northwester1 r=aside of ;the :Upper Levee Road to the u.. of beginning. • E. DESCRIPTION OF SLUM CLEARANCE AND REDEVELOPMENT SECTIONS WHIN MAN RENEMAL AREA Siam Clearance and Redevelopment Section No. f General boundary description: I t-^ f ,le. Clearance and ReSeset..psent Section Ne. Y . General boundary description: • F. ESTIMATED COST OF SURVEYS AND PLANS AND SOURCES OF FUNDS The total estleated'cost of the proposed surygy4,and plans cad the anUcipated t!purass of funds needed to pay such cof.t are-as- folicws:. G,. ;l,.. ! y,�� ] . Aggregate asount of advance applied for 20aW0n `i. • ?. Plus- -Funds to be obtained from sources other.than.th.Iadvance applied for - 4A4vaa �tirals: Total estimated cost $. 201460.0f1 G. RESERVATION OF CAPITAL GRANT FUNDS - . Reservation of capital grant funds for the Project has previously been requested or is being requested by the second applicant identified in Block A above. 2. [ Reservation of capital grant funds for the Project has previously been established for the Project and ne change in the reservation asount is requested at this time. 3. The Applicant hereby requests the Government to reswrve capital grant funds for the Project in an amount not to exceed t te13,3O.00 This sum is equal to the estimated amount of capital grant funds which. together with the local grants-in-aid, will be required to aset the net project cost of the Urban Renewal ,,,Project to be undertaken is the Urban Renewal Area described above, The sum includes the total capital grant funds that will be required. including funds that will be required by the second applicant (if any) . identified in ,Rlock.A above. It is understood by the Applicant that the establishment of a reservation does not constitute abinding commits lit od the Goveri$aiOt-t•`o'make thefgrant lssailable, but does constitute an earmarking of funds which say be made available if the applicant or applicants qualify. H. SUPPORTING DOCUMENTATION • The documentation submitted herewith in support of this Application shall be considered part of this Application. I. EXECUTION IN FITNESS WHEREOF. the Applicant has caused this Application to be executed in its name and its seal to be hereunto , affixed and attested, this day of . 19 , (Seal) Corporate Mane of Applicant • • By • Signaler. ATTEST: ! `Title Signstrre Street Address Title Pest Office Address 11317A-IQ.SW.Fishteree. D.C. H-6101 Forte Approved (TO BS I1LLZD IN BY HHFA) (12-54) Budget Bureau No. 6E-R888 PROJECT LAUNDER HOUSING AND HOME FINANCE AGENCY URBAN RENEWAL ADMINISTRATION LOCALITY URBAN RENEWAL AREA DATA • DATE RECEIVED (In Support of Survey and Planning Application) p _ 1. Accompanies Fore H-6100 executed on 2. AREA MARE OR DESIGNATION (From Fors H.6100): (Date) Upper Levee 3. GENERAL LOCATION OF AREA (e.`., with respect to central basine►s district): 0.6 ni?e s southwest of central Business District, on the northwest bank :1.s>15 :ipi)i River s. TYPE OF PROJECT (Check one): • Di CONTEMPLATED TR EAT ERT OF AREA: Hi SLUM CLEARANCE AND REDEVELOPMENT Total Gross Area 100% . a..To be cleared (including spot clearance REHABILITATION AMDIOR CONSERYATtul in rehabilitation area) -r�; s j cONRINATIOM b. To be rehabilitated — E c. Other _ x 6. SIZE AND PRESENT CHARACTER OF AREA 7. UTILITIES (For each utility. indicate availability to NUMBER area 6y placing earl (I) in one of the following col. sans ITEM OF ACRES _. . — --- Total 11,41 WITHIN NOT SERV- a. Streets. Alleys, Other Public Rights-of-say 2.86 AND I.NG AREA NOT h. Improved 7-5,3 UTILITY SERVING BUT AVAIL- AVAILABLE AREA ABLE IN TO AREA Vacant 1.02 �A VICINITY Source of estimates: Water x Survey 1556 and Plat Book of City Sanitary Sewer x . Paul Stern Sewer X Electric Power x Gas X H. FACTORS INDICATING DETERIORATION • DESCRIPTION OF EXTENT TO WHICH CONDITION EXISTS CONDITION (Give spores of information. If additional apse.. is regeired, aestinse es a phis sheet and attach to this fora.) See $hi8it 21(b a. 20% or more of residential structures deteriorated Yanre than $tl`Liotut"H$ are dilapidated or deteriorating or without a bath or Without running water azc ru inM to 1950 Census data and 1956 Field Survey See Exhibit.— R121(4) b. Overcrowding of structures on the land Not significant by _local ordillzn e st ndafd5. Sources City Plat Book. • See Exhibit — RL21C4) c. Mixed use of structures T to commercial structures in residence area. Source: Field Survey d. Adverse factors (nuisances, dilapidation. etc.) Exhibit R121(c) from non-residential structures•or land use in Priject area is surrounded on thr e sides vJ or adjacent to residential areas . s+ ..v fronts on a road used for tr. f v sources. F.-Lela Sur•' ty s • See Exhibit — t1 (d streets are e. Narrow, crooked. inconvenient, congested, or provide simultaneous for twn—.ray tra;:_L., , ^r.. unsafe streets rest parking and s e passage tC`or Sources City Flat Book and 1956 Field S .rutty f. Deficiencies in streets, public utilities, or There are no schools, Churches, or parks in recreational or community facilities contributing project area or in its vicinity. to inadequate living conditions or poor neighbor- ,J hood environment SOUrCe: Field Survey, 1956 • Not Significant • g. Overoccupancy of structures Source 1950 Census of Housing • AFAdQ3a, Washington, D.C. • Form Approved (TO ft; PILLED IN BY HHPA) !+-6f02 Bureau Budget o. 63-R888 B lI PROJECT NUMBER HOUSING AND HOME FINANCE AGENCY URBAN RENEWAL AbMINISTRATION . • PROJECT NAME • CLEARANCE SECTION DATA LOCALITY - (in Support of Survey and Planning Application) • DATE RECEIVED (Urban Renewal Program) 1, IDENTIFICATION OF CLEARANCE SECTION 5lQe '.:leorance and Redevelopment Section No.. / . as designated on accompanying Form H-6100 executed on (Date) NOTE. Sobcit separate Fore H-5102 for each clearance section identified on Fore H-6100. • r2. GENERAL LOCATION OF SECTION WITS RESPECT TO URBAN RENEWAL AREA � eat area area ., .', .-.tt i u. renewal 3. CHARACTER OF SECTION (Check une)1 u. CONTEMPLATED NEW LAND USE (Check one): y BLtGNTED PREDOMINANTLY RESIDENTIAL E] PREDOMINANTLY RESIDENTIAL USES j BLIGHTED NOT PREDOMINANTLY RESIDENTIAL PREDOMINANTLY OPEN J OPEN 6.1 NOT PREDOMINANTLY' RESIDENTIAL USES 5. SIZE OF SECTION, PRESENT TYPE AND EXTENT OF USES, AND CONDITION OF STRUCTURES: PRESENT CHARACTER OF LAND ESTIMATED NUMBER AND IN CLEARANCE SECTION CONDITION OF STRUCTURES (Esti••ted in acres) ITEM . IMPROVED UNIMPROVED NUMBER OF SUBSTANDARD TOTAL LAND OR VACANT STRUCTURES NUMBER PERCENT TOTAL 11.41 9.17 2.24 87 .50 5•' 04 1. Streets. Alleys. Public Rights-of-Way _ 2.66 1.64 1 022 2 Residential (including related public or Q 42 7a 1.02 85 .56.4 Seat-public purposes) 8e 3. Non-Residential (including related Z ,. i_;V Public or semi-public purposes) 0.13 0.13 4. Open (Unclassified) Sources of estimates: Data from i'1e d avrvvey 1956, and from Plat Book of City of St. Pi.F.ii. 6. ESTIMATED NUMBER AND CONDITION OF DWELLING UNITS: T. ESTIMATED NUMBER OF FAMILIES: TOTAL SUBSTANDARD STANDARD TOTAL WHITE NON-WHITE I 106 1 o. 47 Source of data: Source of•estimates: ' E. 1 1950 HOUSING CENSUS [ 1 APNA APPRAISAL METHOD . i CTHTR (Specify): 1950 Census _ .:;7::,, i, i. ' e. TOPOGRAPHY: •N . FLAT � 1 ROLLING [ J HILLY 1D. DESIGNATION FOR REDEVELOPMENT:9. UTILITIES (£or each utility, indicate availREDEVELOPMENT:area by placing sari (X) in One of the following columns): a. Has the section been designated for redevelopment by the local planning agency or other agency? WITHIN INOT SERVING NOT R1 YES (Nate of Agency): UTILITY AND SECTION BUT AVAILABLE oar � SERVING 1 AVAILABLE TO City Planning B SECTION IN VICINITY SECTION V i_t- Water x [] No • Sanitary Sewer _ - - -- b. Is such designation required by State or local Stor■ Sewer X — ___. law before survey and planning work nay commence? Electric Power Ell YES [1i� NO Gas X - ' HRZA•HLSB. Washington. D.C. THE UPPER LEVEE RENEWAL PROJECT R104 I. Qeneral Backgroule The area selected for urban renewal is :about twelve acres in size and lies on the left bank of the Mississippi River, approximately one-half mile from the central business district of Ste Paulo This river-front tract of land is known locally as the "Upper Levee". The Urban renewal area occupied by a rather compact group of about ninety (90) structures, is situated in an industrial environment. This small "island" of housing, faces the Mississippi River, is backed by railroad yards and flanked on either side by heavy industry. Behind it rise the steep river bluffs and high over one end of the settlement, stretches the Smith Avenue bridge. The residents of this area are isolated from other residential areas and cut off from ready access to normal community services and amenities. Churches, schoolso parks and Shopping facilities are located above, on the bluff, at an inconvenient distance from the young and old who reside on the river bank below. The dwellings in this area are generally old structures, inadequately sited and poorly equipped. The streets upon which they front and back are narrow and mostly un- improved. New public improvements, already approaching the area, will require rights of=way. through the settlement which will drastically reduce it in size. Such a change in the area probably will extinguish whatever social or community value the residents • attach to the site as a place to live. A major, intracity traffic-artery is to be constructed through the river side of the Upper Levee community and the existing levee is to be raised and made to serve as the road bed. This construction will leave the remaining residences "pocketed" in a place of lower elevation with the raised roadway at their front and the steep river bluffs at their rear. II. Selection d Delineation (R-104) Selections The Upper Levee is selected for urban renewal at this time for reasons which may be summarized as followas • • PI I >I t 4 . • iO 0' ;.z • ' z a i = iso ' a a � o I ;$i _ • $ $ • ! < I I o• • C 1 s . 1 T. • ■ O 3 �� 1 I in=i lir ill ; , �s 1111 I I I I Z si it i 2.C Ii!0 O _1 ~r O 0 11 14. s ���IIIS!!!111 m rot i h N O D. •4. _Zt s \ D fli 11 =.-1' - ,...10 2 lei • 11/ 1 x 12-1 a I \ I 2 p s _; ' _ i I :a g \ I F M = _ \ r \ ; iv0 I z \ I U 0 ' i1 n � ;;y gaa ;, \. . I c_ I '1"1> _ _ :• : • \ D . i=:I-44z ;i' \ I c Vac, . s Y , s z c t. ' + T N _• • I s c� . . f 1 4 — (. O p • 0 • aZ Cii n I' OF CCU SEL , the undersigned, DO HEREBY CERTIFY that I am the duly appointed and acting :,y at law for the Local Public Agency named in the Application to which this c appertains; that I have been authorized to submit the foregoing Legal In- in behalf of said Local Public Agency; and that such Legal Information is correct to the best of my knowledge and information. have reviewed such Application, dated , and approved by t,: P Local ?ublic Agency on , including particularly the data • information relating to (a) tfie size and character of the proposed urban renewal • (h) the proposed project for which surveys and plans are to be prepared, (c) the , tivities to be undertaken by the Local eublic Agency in surveying and planning the csed project, and (d) the proposed method of financing the project. I am of the opinion that the Local Public Agency has been legally created and ls 7,1 duly organized and acting public body having the legal power to undertake, f'ir:1nce, and carry out the surveying and planning work described in such Application • . : r which it seeks and Advance of funds (or other Federal aid) under Title I of the :fr:,'.'.Gin? Act of 1949, as amended. I a-n of the further opinion, on the basis of the data and information submitted support of the Application; (a) that the proposed urban renewal area is a slum, blighted, deteriorated, or deteriorating area within the meaning of such Federal law and that it meets the requirements of state law, Oenticalarly sec- tion of _ - _ . . . for under- taking the proposed urban renewal project; and (b) that such portion of the urban renewal area which is proposed for slum clearance and redevelopment is - /7 clearly predominantly residential in character. /7 not clearly predominantly residential in character. /-7 not predominantly residential in character but containing a substantial number of slum or blighted dwellings. Dated this day of , 1.9 • (Type or Print Name) (Signature) (Address) mW J 7 O a' <.'� •W Q 0 0000 O p 0 0 0 0 0 f 0. z ~c c• O4 . 0 0 00 \0000 c.) 0 C -" -, 0 < Y • • •Q(0 pp0 •CO 0 * M 0 5 S 0 0 • '� .(�'zu0m %AO N N 2% [`CO rI rlO4 Crla•.{ i " rl r♦ ri r-1 r-1 ul O-I' r-1 N N •"1 ri ) 0 .JI (( 0 O in W 4 2oN=u C`' 0) z a. •0 I a ' -g Ch\d W C'1 S el•Q VP* ON l rl r!r\ ,.y v 1 y } 0 J 0 go ••• • �• • • (• • • a C l el C1 r\ I _ rl H r-1 C'1 0 V t",�D .- el el trl t+l r) _ - o m •. z W 4 0< .i rl . 1 Y J _. - W 0- iI- W Y d . <a: W 1 J V u< _ < ap d 0r O= - Cr • O < '•1 0 0 0 L J 0 -•) S W- N 1 1-• < J < O L < ate.. t N Z .1 Q 0 CC 2 N � U' X W W 1-) 0 W .___....__-... •O m 0) Q a- 'L m W 0 -N 3- > 'C7 O.J W W W n z A .0 1 r-r-c s-- 77 .� W m 3 - ,C N cb z.....1 .: C 4 0 d r. ) o - al-..- 0.. 40+N 0000 0 00QO000 0 OOC ..n-1 W at, CD W c! 0000 0 00 000 0 0 0 0 1 - J 7 N 0 1 1- r, o-6,..a • • • • • • • • • • • 0 • a • i CO CCD CO I a M • R0 01 0 1 0 cC 0 -'t• 0p 0 0 C: 0 :`- O Ozm CC 44 0 N $ 0q VS 0 ,o as N N .i C`l W to`-" > a 4 0 c v N CO ul r-{ N r-1 Q 0 N 0 :'\-z° s" •• CO a A 4 .. 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(Continued) (r ) Two certified copies of the certificate of approval of the appointments of each of the original members of the governing body of the Local Public Agency issued by the State Housing Board, Commission, or similar public body, if required by applicable law; (f) Two certified copies of the oath of office or acceptance of appointment, if required by law, of each original appointee to the governing body of the Local Public Agency; (g) Two certified copies of extracts from the minutes of the organization meeting or meetings of the Local Public Agency at which the original by- laws and official seal were adopted, officers were elected, and other proceedings relating to the organization of the Local Public Agency were taken, including copies of notices of such meetings and of the waivers of and consent to such meetings; (h) Two certified copies of the by-laws of the Local Public Agency as origi- nally adopted, if not included within the above-mentioned minutes of the organization meeting; and (i) Two certified copies of each amendment or change in the by-laws of the Local Public Agency to the date of the submission of the organization transcript, including certified extracts from the minutes of the pro- ceedings of the governing body of the Local Public Agency and other documents, if any, necessary to evidence the proper adoptioh of any such amendments or changes. - 11 - ''41 3■• -7 ro - no 7 n r"••4 C ).. r I ■ Oti ii• CA • P to.zE a ....0.... 0 . i 1 ..c r• ", l't ei is isgpligg P 1 4 9 F. -. 8 ars Ds • • • • • • • gi? 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CI • I■,1 i -4 0 14 V. }.1. t+ 0 all ri --- _a k or . x• I . Cr) ...I). c:, " .-. 4 1 , co , .....1__.. UPPER LEVEE RENEWAL PROJECT R-160 • H-6103A Form Approved (8-55) Budget Bureau No. 63■R911 Housing and Home Finance Agency • URBAN RENEWAL ADMINISTRATION LEGAL INFORMATION REPORT'FOR URBAN RENEWAL PROJECT PART I - SLUM CLEARANCE AND REDEVELOPMENT ACTIVITIES o accompany Survey and Planning Application or other tial application for financial assistance under Title I of the Housing Act of 1949 (Pub. Law 171, 81st Cong., approved July 15, 191+9), as amended, and the Housing • Act of 1954 (Pub. Law 560, 83rd fig., approved August 2, 1951j)J Instructions To be prepared in an original and coo copy by legal counsel for the Local Public Agency making the•application (herein called the "Application") for Federal assistance, but only in the urban renewal project contemplated by the Application involves 'slum clearance and redevelopment" activities, as defined in section 110(c) of Title I of the Housing Act of 19119 as amended, by the Local Public Agency making the Application. If the urban renewal project contemplated by the Application also involves 'rehabilitation or conservation' activities as defined in said section 110(c), then Part II of this report (Toro 5-61038) must also be prepared by legal coun- sel for the Local Public. Agency ahi.ob will undertake such activities.* As used herein the term,. "Local Public Agency', refers to the particular public legal entity malting the Application, The term, "Municipality', as used herein, refers to the city, town, borough, county, oar other type of local po- litical subdivision, if it is not the Local Public Agen cy, having overall pri- mary governmental jurisdiction over the area in which the contemplated urban renewal project is situated. Inquiries by legal counsel for the Local Public Agency concerning the content of this report should be directed to the appropriate Regional Office of the Housing and Home Finance Agency, attention of the Regional Counsel. • • *If Parts I and II are prepared by the same Local Public Agency, the informa- tion requested in Sections Al F, and Q herein need not be duplicated in part II. t IZ I,L XNFORNATIONESPCMT FOR URBAN RRNMULESOJECT PART I " SLUM =ARUM AND REMBINLOPIENTAAITIVITIES A. Name, Organisation, and Tarritarial Jurisdiction of Local Pablio ASSOC,. 1. (a) The leegal corporate to name of the Focal Poblio Agency identified in the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. (b) The citations of tau respecting .00h name are as follows Resolution of the Council of City of Saint Paul, Council Pile No. 141420,. Sept. 12, 1947. 2• 19''� mdei! the yd ifl the 12 dq September .47 o g . . s Constitutional, statutory, and charter''pr'osisiona= • Minnesota Statutes Annotated (hsreinsftsr shown as K. 8. A.) 462.425, Subds. (1)-(7). • 3. (a) Does the Local pob1 . Agency have a special oh heft les z7 No L (b) If the lacal 'Public Agency has a charters submit with the Application a complete copy of the charter, with all amendments to the date of such Application, duly certified by the officer having custoRy of the offi- c• ial records of the Local Public Agency, specifying herein. the date of the latest amendment of the charters p 19 • 4. (a) His the Local Public Agency adOpted ngia e :�, or regulations for the conduct of its affairs! lea No ` '• (b) the answer to foregoing question is 'Isss, submit with the Appli- by.laws, rules, or regulations, with all amend- ments to the date of the Application, duly certified by the officer hay- ing custody of the official records of the Local Public Agency, specify.ing herein the date of the latest went of such by-laws, rules, or regulations: (Omit this item if the requested data are include: within the organisation transcript heretofore submitted or which is submitted herewith in accordanos with the requirements of Section ti, paragraph 3, . below.) 5. (a) Is the proposed urban renewal area described in the Application located wholly within the authorised territorial Jurisdiction of the Local Public Agency? Tee No Cif (b) If the ansee r is *Roo, inoli aacpisnatioo• ••.1 a. • 4 B. General Power. 1. Ia the Local Public Agency empowered to plan, to undertake and carry out and to finance an urban renewal project involving slums clearance and redevelop- ment for which financial aid under Title I of the above cited feral law may be provided? Tee of No [.1 2. If the answer to the foregoing question is 'Tee', cite in general the enabling w legislations ostitutianal provisions. court opinions, and other laws upon which you base your conclusion. Citations: K. S. A. 462.4151 M. S. A. 462.421, Subd. 13; M.P.A. 462.445; M.B.A. 462.545« C. Specific Powers. 1. Is a public bearing required by state Or local law in connection with any phase of the proposed urban renewal project? /08 57 No Q (a) Citations: M. S. A. 462.521; .S.A. 462.525. Bubd.•2.. (b) Rsmerksa (See attached page)' 2. Has a public hearing been held in 04spection with any phase of the proposed urban renewal project: (a) As and if required by state or loon. lent Tee Q No (b) As contemplated try otian 3C5(d) of Title I of the above cited Federal law? Tes C7 No a' 3. Does the law require that any determination, findings reviews approval, or other action be made or had at the local level or by Bans other public body or official before the Local Public Agency may undertake or carry out any necessary action iug to or any phase of the proposed urban renewal project? Tea No (a) Citations: M. S. A. 62.515; N.S.A. 462. tfi. • (b) Remark: • The City Planning Board must review r.deyelopment plane and the City Council must approve redevelopment plans after a )ublic hearing. . 2 .. • . . Y. Z.A. ry.T.:Ares A public hesri -g by the City Corcli • a reievelont Flan. U. S. A. 462.525, Sub:, 2, T4 N i,u-11110 hearing by the 1=31 Public Agency dcon the ter:•,.,,, tense or sale af lands in P redevellp4ent prc.jezt. of A publi c. hearing in connection with preliminar;., of a redevelopment project. • • • • • 2. a . . . . • rowers (Continued) ase.s of -,he proposed urban renewal project or what functions of the _ e-ub%ic Agency, generally or in respect to the project, will he or ,: e required by law to be performed by the State, the !iunicipality, or by ?; other public body or public official (other than the Local Public Agency)? (a) Explain fully: (b) Citations: 5. (a) Is there any litigation pending, or threatened, or deemed necessary, af- fecting any necessary action pertaining to or any power or authority of the Local Public Agency to undertake and carry out or to finance the pro- posed urban renewal projector any phase thereof? Yes /7 No /7 (b) If the answer to the foregoing question is "Yes", give a statement of details respecting the nature of such litigation; and attach a copy of the pleadings, if any. v 'r•:f x... :a. .__ Statement of details and copy of pleadings attached: Yes ,r7 5. (a) Does the Local Public Agency, the Municipality, or other public body have the authority to prepare a general or :raster plan for the develop- ment of the locality as a whole in which the urban renewal area is located? Yes /77 No /7 Citations: _ i =: w. . :f �« C• s �_ F ff (b) If the answer to the foregoing question is "Yes", identify the local public body. (c) Does the :/unicipality have the authority to prepare and present to the Housing and Home Finance Agency a "workable program" as described in Section 10l(c) of Title I of the above cited Federal law? Yes /7 Mo //7 Citations: 7. (a) Is there adequate legal authority for the preparation and approval of an official urban renewal plan which can meet the requirements of Section 110(b) of Title' I of the above cited Federal law? Citations: , f 3 - t ■ :".":".11 .73(..x5 r M. A. L62.1 , Sutra,. _ F 111. au.thorit;,. or ' re rrt - Inc; • • 3 a. . :. :—ow s (Continued) c Is there adequate legal authority for the preparation and approval of an official redevelopment plan for each portion of the urban renewal area proposed to be acquired and redeveloped, in .accordance with the require- ments of Title I of the above cited Federal law? Yea El No a Citations: s. A. u'=',y�.. , S+..b..d. 1(4); M.S.A. 462.445. Subd. 4(3), (5), (8), 8. Is adequate authority vested raider state and local lams to permit the ful- fillment of the requirements which are imposed by or must be imposed pursuant to Title I of the above cited Federal law upon local public agencies receiving financial assistance thereunder, with respect tot (a) The relocation of families displaced from the urban renewal area (Section 105(0) of said Title I)? Tes ./ No ra Citations: .. . A. 462.445 , Sutd. 4(5)1 M.S.A. 462.531. (b) Salary, wage and labor standards -(Section 109 of said Title I)? Yesi' No Citations* 1d. S. A. 462.445. Subd. 4(2) and C5). 9. Is adequate authority vested under state and local laws to permit the provision of cash or non-cash local grants-in-aid as defined in said Title I? Tes t No Q' (a) Indicate the contemplated sources of the local grants-in-aid for the pro- poaed project, i.e., the municipality, local public agency, some other agency, etc. Municipality • (b) Citations to authority of each contemplated source of local grants-in-aid* N. S. A. 462.581. (c) Remarks: D. Urban Renewal Area - Legal Eligibility and Qualification. 1. Basing your judgment upon data and information in and submitted in support of the Application, is the proposed urban renewal area legally eligible and legally win-lifted under state and local law as the area of and for an urban renewal project: (a) With respect to the size of the urban renewal area? Tee tfg No a Citations: 1�. S. A. 462.415; M. S. A. 462.421; M. S. A. 462.445, S.nd. 4(8). (b) With respect to the conditions of slum, bit ht, or deterioration existing in the urban tenewal area? fee No Citations: N. S. A, 462.4.5; M.S.A. 4o2.421, Subus. 11 and 13; LS. . 462. Jy (c) With respect to other specific qualification requirements pertinent to the urban renewal areas specifying tbea, imposed by law? Tee eg No (1), Identification of Other Specific Qualification Requirements: ■a) F_. :r:d.litias P-1 lacking. defiofercies, in the form of obnox Due and :o-fl.;; : . gee r :3.:; in:r Lards. d) ra1•y array;event. (2) Citations: M.S.A. 462.415; K.S.A. 462.421, Sued. 120 2. Basing your judgment upon data and information in and submitted in support of the Application, with respect to each such portion of the urban renewal area as is proposed in said Application as the area of slum clearance and re- development activities, is each such portion (herein called a "redevelopment area") legally eligible and legally qualified under state and local laws from the standpoint of: (a) The size of each such redevelops t area? Tee al No a Citations: S. A. 462.415': M. S. A. 462.421; M. S. A. 452.445, Subd. 4(8). - 5 - urban Renewal Area - Legal Eligibility and Qualification. (Codtinued) 2. (b) The conditions of slum or deterioration existing in each such redevelop- ment area? Yes 1E7 No 17 Citations: A, 42„415; M. S. A. 462.421, Subds. ii and 13; M. S. A. ;a. “:7)), (c) The extent of each redevelopment area which is open, built up, improved, or unimproved? Yes 6 No a Citations: J. ,, A, 462.41j; M. S. A. 462.421; M. S. A. 462.445, Subd. L (8). (d) Other specific qualification requirements pertinent to any such redevelop- ment areas, specifying them, imposed by law? Identification of Other Specific Qualification Requirements: f.Qca iities are laccirg. ;1!) Envirnmental deficiencies, in the form of obnoxious and con- fit,7t1ng uses on adjoining lands. (c) Di:a pi±ation. (d) Faulty arrangement. (2) Citations: • 2F. S. A. 462.L15 ; M. S. A. 462.421, Subd. 11. E. Property Acquisition and Diaosi ice. 1. Does the law prohibit the Local Public Agency from exercising the right of emi- . nent domain in respect to agy particular type of property in any portion of the urban renewal area, which property the Local Public Agency proposes to acquire as a part of the urban renewal project, or does the law impose any unusual restrictions in respect of such acquisition as, for example, obtaining the con- sent of a -state public utilities commission to the acquisition of any property owned by a public utility company? Yes :.1 No 51 (a) Citations: M. S. A. 462.445, Subd. 1(6); K. S. A. 462.445, Subd. 3. (b) Remarks: (If the answer to the foregbing question is "Yes", describe in detail any such restrictions) - b - cqldsition and 'disposition. (Continued) k s r.r;t- Lc..al Public Agency have the power to obligate the purchasers or of land in the project area (see Sec. 105(b) of Title I of tho above cted Federal law): (a) To devote the land to the uses prescribed by and in conformity with the pertinent urban renewal plan? Yes E. No (b) To begin the building of the improvements on such land within a reasonable time? Yes No / (c) Citations: 3• Cite any provision in state or local law which prescribes a time limit within which project land must be diuosed of by the Local Public Agency F. Financing Powers. 1. Is the Local Public Agency authorized by state and local law to obtain finan- cial assistance under Title I of the above cited Federal law? Yea 0 No /7 (a) Citations: Co) Remarks: 2. If the answer to the foregoing question is "Yes", is the Local Public Agency authorized to obtain a Title I "advance" for surveys and plans for an urban renewal project and to agree to repay such advance, with interest, out of any moneys which become available to the Local Public Agency for the under- taking of the urban renewal project involved? Yes (7 No 1:7 Citations: - 7 J. ar;c Ln Powers. (Continued) the Local Public Agency have the power to borrow money (other than advances as aforesaid) to carry out the urban renewal project: (a) From the Federal Government under Title I of the above cited Federal law? Yes !-1 No / (b) From other sources? Yes //j7 No /a (c) Citations: M S. A Z 5 4 r` E u d 4. Is the Local Public Agency authorized to provide reasonable security for the payment of the principal of and interest on its obligations evidencing any Title I loan which may be made to it with respect to the proposed urban re- newal project? Yes ej No a (a) Citations: M. A„ 4(5 :; Ana. (6). (b) Remarks: (If the answer to the foregoing question is "Yes", describe the nature of the security) !:.{3 r v ..Y I.) the 7ede:ell ri -re=;4'+aL'A ant:1 , efa:.., !a -,!• -ge* 1} !. p'^oper y held or to be hell }J It 7r b .r 5. Is the Local Public Agency authorized to pledge its loan rights under a Title I loan contract as security for the payment of the principal of and interest on obligations which it may sell to others than the Federal Government to finance the proposed urban renewal project? Yea 57 No /a (a) Citations: A ' t ::, - �2�� •: Sufi„ ,.(6)-4 M. S. A. 462.551., (b) Remarks: + .... .:;:r : x `v: rime a* .. — 8 — i. Financing Powers. (Continued) 6. Does the Local Public Agency have the power to borrow money for the purpose of refunding any obligations it may issue to the Federal Government or to others in connection with the financing or refinancing of the proposed urban renewal project? Yes £' . No (a) Citations: M. S. A. 462.551: N. S. A. 462.445, subd. 4(4) and (5). • (b) harks: No specific authority for "refunding" is given, but broad authority is given to borrow or to .issue bonds for any and all corporate purposes. 7. Are there any oonstitutional, statutory, or charter limitations on the 'debt' incurring powers of the Local Public Agency? Yes /' No Er • (a) Citations: f M. S. A. 462.551. (b) Remarks, citing relevant judicial decisions: There is ,no constitutional stac ,.tor; or charter limitation on the amount of debt which may be incurred, and M. S. A. .t2.f-: in part expressly provides that bonds issued by a loyal public authority "shall .:t ,-:-nstitute an indebtedness within the meaning of any constitutional or statutory e^t :.imitation or restriction." The only restriction which does appear in M.S.A.462.551 � 4.4 bo s iss d or a redevelopment project not be used to pay the costs of a 8:`4 p e Matitutionalp statutory, or charter limitations cp the taxing powers o f t h e L o c a l Public Agency? Tee 6.1 No OF ' . .. • (a) Citations: • M. 'S. A. 462.545, Subd. 6. (b) Remarks, citing relevant judicial decisions" The taxing power is limited to an annual levy of five cents on each $100 of taxable valuation in the t ity of Saint Pau,.. • • • .w 9 G. (Organization Transcript. NOTE: The Following is not applicable and should be disregarded if the Local Public Agency is a county, city, town, village, or other traditional type of local government or municipality. 1. Has the Local Public Agency heretofore submitted copies of its transcript of organization to the Urban Renewal Administration or its predecessor, the Divi- sion of Slum Clearance and Urban Redevelopment, or to a Regional Office of the Housing and Home Finance Agency, in connection with any project under the Title I program? Yes Cil No (J 2. If the answer to the above question is "Yes", the remainder of this Sec- tion G is not applicable to the Local Public Agency and should be disregarded. 3. If the Local Public Agency is (a) a public housing authority or public housing agency, or (b) a redevelopient agency, a redevelopment commission, or other special type of redevelopment entity (arid if the answer under paragraph 1 above is "Non), submit herewith two (2) copies of a transcript of the organization of the Local Public Agency. Each copy of the transcript of organization should include one (1) certified copy of each document necessary to evidence, under applicable state and local law, the proper establishment and organization of the Local Public Agency, the appoint- ment and qualification of the members of the original governing body, the holding of the original organization meeting, the election or appointment of the original officers, and the adoption of by-lams or other procedural regulations. Illustra- tive of the type of documents required to be submitted are .the following which under certain state and local laws are necessary for the preparation of the two transcripts of organization: (a) Two certified copies of extracts from the minutes of the meeting or of the governing body of the Municipality or appropriate po ca). subdivision at which the resolutions or ordinances authorizing the creation, designation, and organization of the Local P«hlic Agency were considered and adopted, including, if appropriate, copies of notices of such meetings and waivers of and consents to such meetings; (b) Two certified copies of the certificate of necessity or certificate of incorporation or similar document issued by the State Housing Board or Commission, the State Corporation Commission, or other public body or official as may be required by applicable law; (c) Two certified copies of each certificate of appointment, by the mayor or other appropriate appointing officer of the Municipality, of each of the original members of the governing body of the Local Public Agency, with an appropriate certification that the said certificates of appointment are on file and of record in.the office of the certifying officer; (d) Two certified copies of extracts from the minutes of the meeting or meet- ings of the governing body of the Municipality or other appropriate po- litical subdivision at which the appointment of each of the original mem- bers of the governing body of the Local Public Agency was confirmed or approved, where such confirmation or approval is required by applicable law; - 10 -