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98-232CITY OF SAINT PAUL �o��zz Fs� No. 98-23z FZNAL ORDER IN BY�� 3/ FILE NO � VOTING WARD In the matter o£ the condemnation and taking o£ certain properties for the new Science Museum of Minnesota and for the construction o£ Eag1e Pazkway. WFIEREAS, on November 6, 1996, the City Council adopted Council File No. 96- 1376, in which the City approved the acquisition of the real estate needed Por the development of the Science Museum Project, and directed staff to proceed to negotiate the acquisition of the real estate. Further, the City staf£ were authorized to use eminent domain and legal counsel was directed to undertake eminent domain proceedings if and to the extent necessary to aid in the acquisition of such real estate; and Wf�REAS, on November 6, 1996, the City and the Science Museum of Minnesota entered into that certain Development Agreement, which sets forth the rights and obligations of the City and the Science Museum with regard to the construction of new facilities including a museum of not less than 300,000 square feet, a parkinq ramp containinq at least 700 spaces, and several public improvements (the "Upper Landing Improvements") (collectively, the "Project"). Attached hereto as Exhibit "B" is a drawing which shows the general location and layout of the Project; and WF�REAS, included within the Upper Landinq Improvements is the construction of Eagle Parkway, which will function as the entrance to the downtown from a reconstructed Shepard Road. The desiqn plans £or Eagle Parkway show significant landscaping and amenities designed to create a buffer between the residential areas of Irvine Park and the Museum, and to provide a pleasing entrance into the downtown area. Also included within the Upper Landing Improvements is the site for Celebration Plaza, which will provide a public open space and be a transitional setting from the urban, downtown development to the undeveloped and natural areas of the river valley; and WHEREAS, one o£ the City's obligations under the terms of the Development Agreement requires the acquisition of real property owned by Plastics, Inc. by no later than August 15, 1998, and that City staff has recommended the acquisition of the Plastics` property through the process of eminent domain (the Plastics' property is outlined on Exhibit "B"); and WHEREAS, in Preliminary Order 98-152 dated February 25, 1998, a public hearing was scheduled for March 25, 1998; the public hearing having been had upon the above improvement upon due notice, and the Council having heard all persons, objections, and recommendations relative thereto, and having fully considered the same (a copy of said Preliminary Order is attached hereto as Exhibit "C"); BE IT RESOLVED, that the Council of the City of Saint Paul hereby determines and orders the acquisition in £ee simple, absolute, of the real property described on Exhibit "A" and shown on Exhibit "A-1" attached hereto and the City OPficers and the City's legal counsel are hereby authorized and directed to take all actions necessary to acquire said real estate by purchase or eminent domain, including the use of quick-take procedures; and BE IT E'ORTHER RESOLVED, that the Council hereby finds and determines that the acquisition by purchase or by eminent domain of the real estate described in 98-�3z Exhibit "A" attached hereto is necessary and serves a public purpose, that the acquisition of said real estate will improve the economic base and aesthetic condition of the City oP Saint Paul, and because without the acquisition of said real estate the City would not be able to £ulfill its obligations under the Development Agreement; and BE IT FURTHER RESOLVED, that the acquisition by purchase or eminent domain of the real estate described in Exhibit "A" attached hereto is necessary and serves a public purpose in that the acquisition of said real property is needed £or public improvements, including improvements to the road system of the City of Saint Paul and providing £or land £or open space areas; and BE IT FURTHER RESOLVED, that due to the provisions of both the Development Agreement and for the circulation of traffic in and through the Project area, it is necessary to acquire said real estate before the time within which the Court- appointed commissioners could reasonably be expected to render their award, whereby the use of quick-take procedures in accordance with Minn. Stat. � 117.042 is hereby specifically authorized; and BE IT FINALLY RESOLVED, the City Officers and the City's legal counsel are hereby authorized and directed to execute such documents and to take such actions as are necessary to accomplish the acquisition by the City of the real estate described in Exhibit "A" attached hereto. COUNCILPERSONS Yeas Nays ✓Benanav ✓�lakey ✓�ostrom ��oleman ✓Flarris � In Favor �ntry Reiter-Hb�<..� � Against Adopted by Council: Date ��, l`� ) Passed by Council Secretary C'�T/ Mayor 1 i��Sev�� -Z- -2 2 T.M.S.iREAL ESTATE DIVISION Date: March 17,1998 Green Sheet Number: 50043 EPOR1'NILN1' DII2EC1'OR C1TY COUNCII, ntact Peison and Phone N�mber: ATfORNEY CITYCLERK Peter White 266-8853 [7pGgr DIILEClOR �.& MGT. SVC. Dllt. YOR (OR ASSLSfAN19 1 OUNCII, RRCaexCg ust be on Council enda by: March 25, 1998 (Scheduled Public H OTAL # OF SIGNATIJRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAT'URE) CTION REQUESTED: uthorize the acquisition of the Plastic Inc. site for the construction of the ew Scienee Musevm and the construction of Eagle Parkway. OMn�NDATiONS: APrROVE (a) OR REleC1• (R) ggONAL SERVICE CONTRACTS MUST ANSWER TTIE FOLIAWING: 1. Has the person/5rm ever worked under a contract for Utis deparhnent? YES NO PI,ANNING COMMISSION A STAFF . Has tbis person/Srm ever been a Cdy employee? YES NO CIVII, SEAVICE COMMISSIOIV . Does tLis person/fum possess a sin11 not normally possessed by any YES NO current City employee? c� conuHrrrEa E lain all YES answers on a se rate sheet aud attach. PORTS WIIICH COUNCII. OBJECTiVE? COUNCII. WARD(S� 2 DLSTRICT PLANNING COUNCII, 9 TING PILOBLEM, IS5UE, OPPORTOHI'1'P (Who W6at, When, Where, Why?): he City needs the authority to take the aetion to acquire the Plastics Inc. site using the right of eminant domain. This requires a public hearing at the ity Council. VANTAGES IF APPROVED: The new Science Museum site and the construction of Eagle Parkway can move forward. ISADVANI'AGES IF APPROVED: Plastics Inc. will have to relocate their operations located on this site. ISADVANTAGES IF NOT APPROVED: he new Science Muaeum site and the construction o£ Eagle Parkway will not mov £orward. OTAL AMOUNT OF TRANSACTION: $` 2, 7 O O� O O 0 COST/REVENOE BUDGETED (CIItCLE ONE) YES NO mresouxcE: Capital Improvement Bonds AcT1�ITYrrt��ER: CR9fLW' u e4'vG�YSJ R�R'(� ANC7AL INFORMATION: (EXPI.AII� MAR 1 � �9� 9�-a3z Exhibit "A" All of Block thirty-four (34) (including alley and rights in adjoining right-of- way�, Rice and Irvine's Addition to the Town of Saint Paul, according to the recorded plat thereo£, and situate in Ramsey County, Minnesota. Lots nine (91 and ten (10), Block thirty-five (35), Rice and Irvine's Addition to the Town of Saint Paul, and that part of Lot One (1), Block thirty-£ive (35), Rice and Irvine's Addition to the Town of Saint Paul, lyinq Southeasterly of a line described as extending from a point on the East line o£ said Lot one (1�, distant one hundred one and twenty-three hundredths (101.23) Peet Southeasterly from the Northeast corner of said Lot one (1), to a point on the West line of said Lot one (1), distant one hundred one and thirty-five hundredths (1Q1.35) feet Southeasterly from the Northwest corner of said Lot one (1), according to the recorded plat thereof on file and of record in the office of the Reqister of Deeds in and £or Ramsey County. . \�� . . b �� '� � �� O `. � O , � � .�9 �`�\ �� ' ♦ \ \ `� � \ \ �� \ `�� \ � � ♦ � � ��9 �� \ ' , •� � � �`\� •`� . �� . • ., . �.,� �• . . . .,�'• .� � , � � � �� .v _ � \ � \\\ �, � � :��` b�6 .�� ., � . . �`.. �'� / , \ ` i � � i � � _ � � ��i^ �i i � i � i > � � \ �� 1 \ ` \ ♦ � ��♦ % �� \ \ �� i i�� \ \ � i ��\ \ �� ♦ � � i �\ \�' � > ��\ \ � Y� �� 7 / � � � � ♦ � � i ,c i„-/J` �� \\ �� `�\�\ \ \� �/ � � �� \�� \ �♦ / � �� /y � `� � \ � ,.� ��\ � / �K� �� \` � � \� \ \ i� � \� .� / �8-232 � i � �y � ..- � • , .� Y .% � \\\ / / i � � f <�� \ C� / � \ i i `� � \ i i� \ � i i � i� \ �` \ \ � �` ` // � �� / � � / � � � �♦ �� / / � r / �\ / / / / / i? `� i � // � \`\� i i / � � � \\ O �X1��+ I3 C�rr�� us�'�cs TnL. ��Co��Y�"� � l.oca-� o�' No�-� �a��e ��ay > `�� ' 7 f 1��:�,��' �, � , , I� � �'' � i � ,-., �`�� '� � & �� :, � ,, � = � ; ; I,, � `�� , i l � , I ��I � � �T C � , � � �'� ' �� '� I��AEi� r` �;.,` ;_ ;r .. ll , `� �.( �— �=J� �-'' 1 � �, �� ; �' � ` '` ' E � � F � � � � � � � e � � rS s � Q �� _ �'��' 1� �� ' q � � ; �� \ �s _, _�, � �1 �i��F�� ,� \�- , � � ., � . `\\ � `:, \ i� 6� S� ` r-�- '. � � .,� , � �� ,�,�:..-��=.:.. 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(i ). . � � �-_va l p$ Q� { \ • . \ �i� `- �� - YI_ ��'." .�, \• . � - . \ � � !. � \�,�- : 1 ,''«�``\`��\\' ,� . ,�_,. �, �� .-- � h, �� ,` �-`;' \�"��V :\ \\� .. .� 1 ` i�` � \�a�; \. �.. ` j`v � ,\��; `'�,,.•' �� i �' \i. ��;`�\ �� \ � . ' C � �\ � ;;��;: i � � �=��; �=��`` ; : ` < \ � , � � /`� �',\. , •_ \ � , r _ �,�_�� l =_ . d � �, �, � � },. ,.. : � � �' %' �� '\' j ,:, i �-. 2 us �, i' fly � � j \. 4 , \ �' / ,� _ \ � % • , `. , /.%�' ' � `�� „ � ! �� \ �! �>i � v�.. \ / ^ . ``,, � � � ' / � ",�/ � �,. /` `�'�� :�� l ' . �> ..�� 5� -z 3 Z CITY OF ST. PAUL COUNC O. PRELIMINARY ORDER BY ' 'u � FILE NO. 1 0 VOTII3G WARD 2 In the Matter o£ condemning and taking the property described on the attached Exhibit "A" and shown on the atCached map labeled Exhibit "B" for the construction of the new Science Museum and for the construction of Eagle Parkway. (The site is owned by Plastics, Inc.) � The Council of the City of Saint Paul having received the report of the Mayor upon the above improvement, and having considered said zeport, hereby resolves: 1 2. 3 That the said report and the same is hereby approved with no alternatives, and that the estimated cost thereof is $2,700,000 financed by Capital Improvement Bonds. That a public hearing be had on said improvement on the_25th dav of March, 1998,at 5:30 o'clock P.M., in the Council Chambers of the City Hall and Court House Buildinq in the City of Saint Paul. That notice of said public hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanev ✓�lakey �strom �leman �rzis �ntry �ter Adopted by Council: Date �c?o �S `�� Certified Passed by Council Secretary �In Favor By �_ 0 Against Mayor E'xt�� n, lT '�� „ 9�-z 3 a REPORT FOR PRELIMINA.RY ORDER FOR CONDEMNATION AND TAKING OF CEI2TAIN PROPERTIES OWNED BY PLASTICS, I�C. FOR THE NEW SCIENCE MUSEUM PROJECT FOR CONSTRUCTION OF EAGLE PARKWAY On November 6, 1996, the City Council adopted Council File No. 96-1376, (see Exhibit A) which was a Resolution Approving and Authorizing Execution of a Development Agreement With the Science Museum of Minnesota ("SMM"), a Construction Grant Agreement with the State of Minnesota and Other Necessary Docutnents in Connection with the Science Museum Project. In the aforementioned Resolution, the City approved the acquisition of the reai estate needed for the development of the Project, and directed staff to proceed to negotiate the acquisition of the real estate. The City authorized the use of eminent domain and to undertake such eminent domain proceedings if and to the extent necessary to aid in the acquisition of such land, and, if found to be necessary. 2. The Science Museum Project is an apptoximately $100 million project. The City on behalf of the SMM, has accepted $31.2 million of grants from the State of Minnesota. A condition of the State grants is that the City own the real estate upon which the Project is built which includes Plastics, Inc. (See Exhibit B). As part of the 1996 Development Agreement the City obiigated itself as part of the acquisition to purchase and demolish Plastics, Inc by august 15, 1998 and substantially complete Eagle Pazkway (a new road at the westem end of the SMM Pioject which bisects the Plastics property) by April 15, 1999 to avoid damages to the City under the SMM Development Agreement. In 1996 the City has budgeted in excess of $18.0 million of local funds to undertake the SMM Project including $2.7 million dollars for the Plastic taking. 5. Since the fall of 1995, the City and Port staff have investigated more than 20 sites to relocate Plastics and their Bagan facility in Saint Paul and structure a proposal. Over the last yeaz that has been updates to the City Council or HRA Boazd on Plastics in Februazy and Mazch 1997, as well as the City approval on September 24, 1997, in CF 97-1190 to relocate Plastics and Eagan facility to the Citgo site, through the Port Authority, for approximately $20 million dollazs. 6. In early December 1997, the City was informed that Newel Corporation�the parent of Plastics, Inc. that Plastics would not execute a development agreement with the Port Authority to relocate their combined Eagan and Saint Paul facility at the Citgo site. It was agreed by both parties because of SMM schedule, that if negotiated settlement could not be reached by January 31, 1998, for retaining the manufacturing operations in an F:\USERS\WHITEIW PDATANIAILMESSPLAST.CON 9�-z3Z 100,000 squaze foot building in Saint Paul, the condemnation process would begin. 7. The Pretiminarv Order for the takina of Plastics is to set a pnblic hearinQ on Mazch 25. 1998. Prepared by Bob Geurs - PED 266-6b53 F: W SERS\ W HITEI W PDATA�hfA1LMESS�PLAST.CON 9�- z 3 2 ' ' � • • r � Council File # '��. �Tr'�Y �`�t_� � -.° f� f n arv�erv oco-�•�`►g� ° ' ` ` ' ` ` �' ` ' ` Gceen Sheet # 3 � � R S RESOLUTION OF SAfNT PAUL, MiNNESOTA v�3 Presented By Referred To Committee: Date 1 RESOLUTION APPROVING AND AUTHORIZING EXECUTI�N OF A 2 DEVELOPMENT AGREEMENT WITH 3 THE SCIENCE MUSEUM OF MINNESOTA, A CONSTRUCTION 4 GRANT AGREEMENT WITH THE STATE QF MINNESOTA 5 __, AND OTHER_NECESSARY DOCUMENTS IN CONNECTION WITII .-- .. 6 - THE SCIENCE MUSEUM PROJECT ' 7 8 9 WHEREAS: 1Q 11 �.. . � . . 12 1. City Council Resolution 87-1613 (November 10, 1987) and 13 HRA Resolution 87-11J4-2 (November 4, 1987) approved the 14 Redevelopment Plan and Development District for the Riverfront 15 Redevelopment Project and Development District pursuant to 16 applicable Minnesota Statutes. The Riverfront Redevelopment Plan 17 establishes the public purposes �or the acquisition of real 18. estate for the Project as further described in the Development 19 Agreement Exhibit c-1. 20 -- � --- --_—__ _: _ .. .. .. _ . - - ------�— ------ - . _ =—?�^-'�"`-:�°==-=2_===::�P 643,.. - _.._._..,�—=�- �---.._.,.,.... _. . _.- : -- . . :-. ; -_ :,-.. . -_-, . . _ w ,... .. _ . : " •- �- — � - ... w . . , . _ - � . . ... _:._ _ ,. .::._ i =;,�- -- `y'�ec�i-on��;:_tHz=_City-"is=au��ioi�z'ec�—to-establish-and ma_i�tzzn" a .._ ---- ,: -: . _ _.. ="Z�=='"musei'Sm='�o'r'�lie`pfir_uose of - and enlightenment, ,:24_ _:_ixi�iuding, but not limited to, a museum of natural science and 25- teclinology (the "Governmental Program'�) and to exercise the 26 powers in Minriesota Statutes, Section 471.191, Lo acauire and 27 better facilities for a museum and to lease the same to a 28 non-profit organization to carry out the Governmer.tal Program. 29 30 3. The Science Museum of Minnesota, a Minnesota non-pro£it 31 corporation ("SMM") proposes to construct new facilities in the 32 Riverfront Redevelopment Area of the City oi_St. ?aul_, which . 33 �facilities will include, but are not limited to, a museum of not 34 less than 300,000 square feet (the "Museum"), a parking ramp 35 containing at least 700 snaces (the "Ramp"), and certain related 36 improvements (the "Uoper Landing Improvements") (collectively, 37 the "Project"). 38 39 a. The Project will be one of the �irst major developments �0 in the Riverfront Redevelopment Area, will draw a substantial 41 number of visitors to the City, and will have a signiiicant 42 employment impact. 43 ?? 5. . _�_3—has-�iereto—approved—a—MemoY-ar��.�gt-�rE— 45 -�t�e�s�yr�ng bet z._.e r� �MM �..e—�3�e E�' " e�ao�r��a—e£ C � J c_c ��q c � O ».�„ � �.,I..a�� /}' P,1 y�-z 3Z 0 1' �'. ia8 O.S. Jd1TiL- YGLL1 b�-iT.+itytx JU�I�JVLyJ YLUYyK11ly W!.YiytS"i.'✓� lAN/S�K Y ... � S ' . _ " d / .w...v.v. 2 const�uat,3on;a*or3c appo�tunstz�s ��or Paul�,resid,ents s throtig2i „,.., 3 �,�ts.y�ffirmat-ive.:ac��an+poli�y:;�; 4 5. �5fi. 'The City Council has hereto approved a Memorandum of 6 Understanding between the SMM and the City (the "Memorandum of 7 Understanding") which set forth in a preliminary manner, among 8 other things, the obligations of SMM to construct the Project and 9 the contributions to be made by the City to the Project, which 10 Memorandum of Understanding, by its terms, was to be superseded 11 by a final development aqreeraent. 12 13 6;7?. In connection with the Project forms of the following 14 documents have been submitted to the City Council: 15 " 16 (a) a Development Agreement by and between the City 17 and SMM (the "Development Agreement") which sets forth the 18 rights and obligations of the City and SMM with respect to 19 the Project; . , 20 . 21 (b) a Constzuction Grant Agreement by and between the 22 City and the State (the "Construction Grant Agreement") 23 setting forth the terms and conditions under which the State 24 has made a$30,000,000 grant to the City Por the Museum (the 25 "state Grant"); 26 27 (c) a Disbursement Agreement Construction Grant by and 28 between the City and the State (the "State Disbursing 29 Agreement") setting forth the terms and conditions under = 30- ---====:: �: �-iah-ich--the_ State Grant will- be disbursed - to pay for the =.�.. - - • - ----• -.._ . . ._ . '-3�.=.:.:-_ -'- .':d"esign. and construction costs�of-the: Museum; 32 '...,. -... ._._... __. . . ... 33 (d) a Disbursing Agreement by and between the City and 34 3MM (the "Disbursing Agreement") setting forth the terms and 35 conditions under which the State Grant and the City 36 Contribution (as defined in the Development Agreement) will 37 be disbursed to SMM to pay costs of the design and 38 construction of the Museum and the Upper Landing 39 Improvements; 40 41 (e)_ a Ramp Lease by and between the City,and SMM (the 42 "Ramp Lease") pursuant to which the City agrees to lease to 43 SMM the land on which the Ramp will be constructed; 44 45 (f) a Museum Lease by and between the City and SMM 46 (the "Museum Lease") pursuant to which the City agrees to 47 lease to SMM the land on which the Museum will be 48 constructed; and n9 50 (g) a Lease by and between the City and SMM (the "West 51 Building Lease") pursuant to which the City agrees to lease 52 to SMM the existing building currently occupied by SMM. 53 9�-z 3 Z �� 2 3 4 5 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3II --31:._. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 The above documents, together with all exhibits thereto, are collectively rePerred to as the Project Documents. RESOLVED: 1. The City Council hereby establishes the Governmental Program and appraves and authorizes the Mayor, Clerk, Director, Department of Planning and Economic Development and Director, Department of Finance and Management Services (the "Authorized Officers") to execute the Project Documents in substantially the £orms submitted. The approval hereby given to the Project Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney, the appropriate staff person or by the officers authorized herein to execute or accept, as the case may be, Project Documents prior to their exeCUtiori; and said officers oz staff inembeYS are heYeby authorized to approve said chanqes on behal£ of the City. The execution of any instrument by the appropriate of£icer or officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereoP. 2. The authority to approve Puture amendments to Project Documents is hereby delegated to the Director, Department of Planninq and Economic Development, subject to the following -cond'itions: (a) such-amendments-do not'materially.adversely --`-affect_•the...irrterests :o€ =the � Cit}�, -and . (b) .• snch .amendments- are - - -. .-. - aaceptable�in form and substance to the appropriate staff person, the City Attorney and any other counsel retained by the City to review such amendments. Any amendments shall be executed by the Authorized Officers described in paragraph 1 hereof. . 3. The authority to negotiate terms for a loan of approximately $3,500,000 to assist in the acquisition of lands for the SMM Project. The Budget Director and Airector of Planning and Economic Development will by [November 30,1496] make a recommendation to the City Council.on the.structure of the.loan. and will investigate the feasibility of the following three options: (1) a forgivable loan from the foundation community or other non-profit organizations; (2) a City annual appropriation lease;or 3) a City tax exempt revenue note which is secured by a mortgage. Sources for the repayment of the loan may include but are not limited to new District Heating and Cooling franchise fees attributable to the SMM Project, temporary parking income generated from the acquisition for the Project on the Ryan Block, Puture sales proceeds from that property, and an annual Cultural Star appropriation of $100,000 for the term of the loan. 4. The acquisition o£ the real estate described in Exhibit C-1 of the Development Agreement is hereby approved, and staff is 9�-Z3� � 1 2 3 4 5 6 7 8 9 10 11 iz 13 14 i5 hereby directed to proceed to negotiate the acquisition. The City hereby authorizes the use of eminent domain and its legal counsel is directed to undertake such eminent domain proceeding if and to the extent necessary to aid in the acquisition of such land and, if necessary, requests the Housing and Redevelopment Authority to undertake such eminent domain proceeding. __ r6;. The City's 1996 Budget is hereby amended to read as shown on Exhibit A attached hereto. Bostrom Guerin Harris Megard Rettman Thune Yeas 1fi avs �Absent ,�') I �il I �� i � j I :/' � -; Adopted by Council v r-, � Date I\•�- (. 1y4�, Requeste@ bv Departnen� c�: By• Form Approved by City Attorne}> gy; A rOved by Bud et Director for S�i�mission to M�yor B y : _ Ado�t�on Certified by Council AgpCoundi$y Mayor for Submissior Sec e ary L BY = � � F� :,��..�• :--�.- BY � Approved by May r: Date i1 i yl�L� ; � By : {�� ` , � �„�'j�. 1�� z3 Z r Inancin Science Museum - City and Spte Contn'bution C.�iGAT200 Exhibit A Current Budget Chan� Scattered SRe 7ax Increment Finance District Community Development Block Grant (CDBG) Contingencies Urban Deveiopment Aetion Grani 1996 Capital Improvement 8onds City of Saint Paut Sales Tax proeeeds - Cultural Account River(ront Taz Increment Finance District Civic Center Reserves State o( Minnesota - Preiiminary Design Grant Resolution Trust Corpore6on (RTC) assets Science Museum of Minnesota Repayment of Loan (9052) Loan proceeds Reimbursements/Temporary Income Ramsey CounTy (morgue demolition) Science Museum of Minnesoa (:�,W, Eagle St Acq.) Parking income .�- Spendina �- -� Scrence Museum - City and State Cortfnbution C9Cr0T20p State of Minnesota - preliminary Design Grant Land Assembly AcquisitioNDemolitioNRelocation Environmenial Contingency Rea{ Essateltegaf GosistMisc. • SMM loan (52.5 million totai) 7ransfer - Civic Center Tum Around (0565) 3ransfer - SMM turn around oNer costs (0789) NSP: teedes Iine reloca4on (0784) •�� . .�� r� � �� i ��i �� • • �� 2.500.000 3.549.500 100,Q�0 220.500 25.000 14.900.000 3,895.000 �� • c ��. �� 1.500.000 242.000 758.000 14.9pp.ppp K :1 N� (125.000) 2G5;000 3,895,D00 ` � Amended Budget .�� •� �� .�� •�� •� �� 2.500.000 � .. 3,549,500 100.000 220.500 25,000 18.795,000 S,OOO,OCO . :� �� r� � 7.500,000 242.000 758,000 18.795.000 ' Excludes 53,100,0pp of 1997 CIB Bands not yet appropriated by t`�e Mayor and Gity Councit. If approved, City contribution for pubiic improvements will total 510,500,Q'�. 9�-Z � z Parcel 1 Parcel 2 Parcel. 3 Parcel 4 Parcel S Parcel 6, EXHZBIT C-1 DESCRIPTION OF THE LPND Pormer Ramsey County Norgue West - a, b, c& d Plastics - a & b 272 Chestnut House Eagle/Exchange/Kellogg area for right of way £or Eagle Parkway Irr.orovements a. Portion of the former Rehab Center land owned by Robert Walsh/Seven Corners Hardware b. WJW Properties Portion of District Energy Property 331479.9 C-1 . � . 9�—Z3z • �:�•� _ rUUP,;('� � �-... _�.:. '—�' �''` ""' �=- ` • �� ' '• ' Exhibit C2: Acquisition Par I � � , � r . .._ �-�,� '/,. �. �� t . , / � ,< : il _��" � • ° '��J r � • ``` . e.`':� t . —��` .. Ur ----�� '• �I _'' �t /�� .. • ��'� .. � :' ,��`. 1/ ' + 5 � � ` ��c.� �J': � .. .i., .. � Sa ..' ' '\_ _ � o.��s�i` �:e-ie. ( -:� � ��:•��.,� �' � : � f,' . ,. _ • � • ''. . ^ . 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CITY OF SAINT PAUL �o��zz Fs� No. 98-23z FZNAL ORDER IN BY�� 3/ FILE NO � VOTING WARD In the matter o£ the condemnation and taking o£ certain properties for the new Science Museum of Minnesota and for the construction o£ Eag1e Pazkway. WFIEREAS, on November 6, 1996, the City Council adopted Council File No. 96- 1376, in which the City approved the acquisition of the real estate needed Por the development of the Science Museum Project, and directed staff to proceed to negotiate the acquisition of the real estate. Further, the City staf£ were authorized to use eminent domain and legal counsel was directed to undertake eminent domain proceedings if and to the extent necessary to aid in the acquisition of such real estate; and Wf�REAS, on November 6, 1996, the City and the Science Museum of Minnesota entered into that certain Development Agreement, which sets forth the rights and obligations of the City and the Science Museum with regard to the construction of new facilities including a museum of not less than 300,000 square feet, a parkinq ramp containinq at least 700 spaces, and several public improvements (the "Upper Landing Improvements") (collectively, the "Project"). Attached hereto as Exhibit "B" is a drawing which shows the general location and layout of the Project; and WF�REAS, included within the Upper Landinq Improvements is the construction of Eagle Parkway, which will function as the entrance to the downtown from a reconstructed Shepard Road. The desiqn plans £or Eagle Parkway show significant landscaping and amenities designed to create a buffer between the residential areas of Irvine Park and the Museum, and to provide a pleasing entrance into the downtown area. Also included within the Upper Landing Improvements is the site for Celebration Plaza, which will provide a public open space and be a transitional setting from the urban, downtown development to the undeveloped and natural areas of the river valley; and WHEREAS, one o£ the City's obligations under the terms of the Development Agreement requires the acquisition of real property owned by Plastics, Inc. by no later than August 15, 1998, and that City staff has recommended the acquisition of the Plastics` property through the process of eminent domain (the Plastics' property is outlined on Exhibit "B"); and WHEREAS, in Preliminary Order 98-152 dated February 25, 1998, a public hearing was scheduled for March 25, 1998; the public hearing having been had upon the above improvement upon due notice, and the Council having heard all persons, objections, and recommendations relative thereto, and having fully considered the same (a copy of said Preliminary Order is attached hereto as Exhibit "C"); BE IT RESOLVED, that the Council of the City of Saint Paul hereby determines and orders the acquisition in £ee simple, absolute, of the real property described on Exhibit "A" and shown on Exhibit "A-1" attached hereto and the City OPficers and the City's legal counsel are hereby authorized and directed to take all actions necessary to acquire said real estate by purchase or eminent domain, including the use of quick-take procedures; and BE IT E'ORTHER RESOLVED, that the Council hereby finds and determines that the acquisition by purchase or by eminent domain of the real estate described in 98-�3z Exhibit "A" attached hereto is necessary and serves a public purpose, that the acquisition of said real estate will improve the economic base and aesthetic condition of the City oP Saint Paul, and because without the acquisition of said real estate the City would not be able to £ulfill its obligations under the Development Agreement; and BE IT FURTHER RESOLVED, that the acquisition by purchase or eminent domain of the real estate described in Exhibit "A" attached hereto is necessary and serves a public purpose in that the acquisition of said real property is needed £or public improvements, including improvements to the road system of the City of Saint Paul and providing £or land £or open space areas; and BE IT FURTHER RESOLVED, that due to the provisions of both the Development Agreement and for the circulation of traffic in and through the Project area, it is necessary to acquire said real estate before the time within which the Court- appointed commissioners could reasonably be expected to render their award, whereby the use of quick-take procedures in accordance with Minn. Stat. � 117.042 is hereby specifically authorized; and BE IT FINALLY RESOLVED, the City Officers and the City's legal counsel are hereby authorized and directed to execute such documents and to take such actions as are necessary to accomplish the acquisition by the City of the real estate described in Exhibit "A" attached hereto. COUNCILPERSONS Yeas Nays ✓Benanav ✓�lakey ✓�ostrom ��oleman ✓Flarris � In Favor �ntry Reiter-Hb�<..� � Against Adopted by Council: Date ��, l`� ) Passed by Council Secretary C'�T/ Mayor 1 i��Sev�� -Z- -2 2 T.M.S.iREAL ESTATE DIVISION Date: March 17,1998 Green Sheet Number: 50043 EPOR1'NILN1' DII2EC1'OR C1TY COUNCII, ntact Peison and Phone N�mber: ATfORNEY CITYCLERK Peter White 266-8853 [7pGgr DIILEClOR �.& MGT. SVC. Dllt. YOR (OR ASSLSfAN19 1 OUNCII, RRCaexCg ust be on Council enda by: March 25, 1998 (Scheduled Public H OTAL # OF SIGNATIJRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAT'URE) CTION REQUESTED: uthorize the acquisition of the Plastic Inc. site for the construction of the ew Scienee Musevm and the construction of Eagle Parkway. OMn�NDATiONS: APrROVE (a) OR REleC1• (R) ggONAL SERVICE CONTRACTS MUST ANSWER TTIE FOLIAWING: 1. Has the person/5rm ever worked under a contract for Utis deparhnent? YES NO PI,ANNING COMMISSION A STAFF . Has tbis person/Srm ever been a Cdy employee? YES NO CIVII, SEAVICE COMMISSIOIV . Does tLis person/fum possess a sin11 not normally possessed by any YES NO current City employee? c� conuHrrrEa E lain all YES answers on a se rate sheet aud attach. PORTS WIIICH COUNCII. OBJECTiVE? COUNCII. WARD(S� 2 DLSTRICT PLANNING COUNCII, 9 TING PILOBLEM, IS5UE, OPPORTOHI'1'P (Who W6at, When, Where, Why?): he City needs the authority to take the aetion to acquire the Plastics Inc. site using the right of eminant domain. This requires a public hearing at the ity Council. VANTAGES IF APPROVED: The new Science Museum site and the construction of Eagle Parkway can move forward. ISADVANI'AGES IF APPROVED: Plastics Inc. will have to relocate their operations located on this site. ISADVANTAGES IF NOT APPROVED: he new Science Muaeum site and the construction o£ Eagle Parkway will not mov £orward. OTAL AMOUNT OF TRANSACTION: $` 2, 7 O O� O O 0 COST/REVENOE BUDGETED (CIItCLE ONE) YES NO mresouxcE: Capital Improvement Bonds AcT1�ITYrrt��ER: CR9fLW' u e4'vG�YSJ R�R'(� ANC7AL INFORMATION: (EXPI.AII� MAR 1 � �9� 9�-a3z Exhibit "A" All of Block thirty-four (34) (including alley and rights in adjoining right-of- way�, Rice and Irvine's Addition to the Town of Saint Paul, according to the recorded plat thereo£, and situate in Ramsey County, Minnesota. Lots nine (91 and ten (10), Block thirty-five (35), Rice and Irvine's Addition to the Town of Saint Paul, and that part of Lot One (1), Block thirty-£ive (35), Rice and Irvine's Addition to the Town of Saint Paul, lyinq Southeasterly of a line described as extending from a point on the East line o£ said Lot one (1�, distant one hundred one and twenty-three hundredths (101.23) Peet Southeasterly from the Northeast corner of said Lot one (1), to a point on the West line of said Lot one (1), distant one hundred one and thirty-five hundredths (1Q1.35) feet Southeasterly from the Northwest corner of said Lot one (1), according to the recorded plat thereof on file and of record in the office of the Reqister of Deeds in and £or Ramsey County. . \�� . . b �� '� � �� O `. � O , � � .�9 �`�\ �� ' ♦ \ \ `� � \ \ �� \ `�� \ � � ♦ � � ��9 �� \ ' , •� � � �`\� •`� . �� . • ., . �.,� �• . . . .,�'• .� � , � � � �� .v _ � \ � \\\ �, � � :��` b�6 .�� ., � . . �`.. �'� / , \ ` i � � i � � _ � � ��i^ �i i � i � i > � � \ �� 1 \ ` \ ♦ � ��♦ % �� \ \ �� i i�� \ \ � i ��\ \ �� ♦ � � i �\ \�' � > ��\ \ � Y� �� 7 / � � � � ♦ � � i ,c i„-/J` �� \\ �� `�\�\ \ \� �/ � � �� \�� \ �♦ / � �� /y � `� � \ � ,.� ��\ � / �K� �� \` � � \� \ \ i� � \� .� / �8-232 � i � �y � ..- � • , .� Y .% � \\\ / / i � � f <�� \ C� / � \ i i `� � \ i i� \ � i i � i� \ �` \ \ � �` ` // � �� / � � / � � � �♦ �� / / � r / �\ / / / / / i? `� i � // � \`\� i i / � � � \\ O �X1��+ I3 C�rr�� us�'�cs TnL. ��Co��Y�"� � l.oca-� o�' No�-� �a��e ��ay > `�� ' 7 f 1��:�,��' �, � , , I� � �'' � i � ,-., �`�� '� � & �� :, � ,, � = � ; ; I,, � `�� , i l � , I ��I � � �T C � , � � �'� ' �� '� I��AEi� r` �;.,` ;_ ;r .. ll , `� �.( �— �=J� �-'' 1 � �, �� ; �' � ` '` ' E � � F � � � � � � � e � � rS s � Q �� _ �'��' 1� �� ' q � � ; �� \ �s _, _�, � �1 �i��F�� ,� \�- , � � ., � . `\\ � `:, \ i� 6� S� ` r-�- '. � � .,� , � �� ,�,�:..-��=.:.. '��: � n �� " . -;a>.w'--�- -.,/ S \ M :Yd.='?;�.._ , _�,r i <- i ' , a� 1 . , �.,.�7 r ✓ � j �� 'J ` �� y/ ��` �.� � -� ` •` r D d O .n il %� : Y R . ♦ li d R-, Sw� � ^� 4 r , 'r`'a `l` � j � � R'd a7 � t� �s� `a . r � ' - �;n. �;� e� .` �w ` �� "� `� �,_ �L: � ,. „ �n. , ; ��, /% . '. , � �- �� ., � , �� ,?�`tr , �./ c �' �� ..� �:; ,��i';/��. �! `� \� < �f �� \-:\/�� i �,_ _� � � � '�'��< �, � �� i � � < �Q �. a 9�-23Z. ,; ; � , ,!; _� �. �#i ,�-'. i� S: _ . � , _: �.: � � � � i � ,\ _ � a. , �. � c;s --< < -- .-� � . �•� c e + �� ''� � �; Fs �� ...aaa �� -i�- .\ � ('- ? � " e �\� � �? �tC <. (�� =.'�"1i�\u. . �` �� u � rA �� J �\- :::li� icb\� �� t / s C �.�.14)=� �i�'S �Y C (l� .�� O� - . O �� i • 'iV- �. < h :`• � C � ��"� � t' .:-.w _ G :>.. _ : �f. (i ). . � � �-_va l p$ Q� { \ • . \ �i� `- �� - YI_ ��'." .�, \• . � - . \ � � !. � \�,�- : 1 ,''«�``\`��\\' ,� . ,�_,. �, �� .-- � h, �� ,` �-`;' \�"��V :\ \\� .. .� 1 ` i�` � \�a�; \. �.. ` j`v � ,\��; `'�,,.•' �� i �' \i. ��;`�\ �� \ � . ' C � �\ � ;;��;: i � � �=��; �=��`` ; : ` < \ � , � � /`� �',\. , •_ \ � , r _ �,�_�� l =_ . d � �, �, � � },. ,.. : � � �' %' �� '\' j ,:, i �-. 2 us �, i' fly � � j \. 4 , \ �' / ,� _ \ � % • , `. , /.%�' ' � `�� „ � ! �� \ �! �>i � v�.. \ / ^ . ``,, � � � ' / � ",�/ � �,. /` `�'�� :�� l ' . �> ..�� 5� -z 3 Z CITY OF ST. PAUL COUNC O. PRELIMINARY ORDER BY ' 'u � FILE NO. 1 0 VOTII3G WARD 2 In the Matter o£ condemning and taking the property described on the attached Exhibit "A" and shown on the atCached map labeled Exhibit "B" for the construction of the new Science Museum and for the construction of Eagle Parkway. (The site is owned by Plastics, Inc.) � The Council of the City of Saint Paul having received the report of the Mayor upon the above improvement, and having considered said zeport, hereby resolves: 1 2. 3 That the said report and the same is hereby approved with no alternatives, and that the estimated cost thereof is $2,700,000 financed by Capital Improvement Bonds. That a public hearing be had on said improvement on the_25th dav of March, 1998,at 5:30 o'clock P.M., in the Council Chambers of the City Hall and Court House Buildinq in the City of Saint Paul. That notice of said public hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanev ✓�lakey �strom �leman �rzis �ntry �ter Adopted by Council: Date �c?o �S `�� Certified Passed by Council Secretary �In Favor By �_ 0 Against Mayor E'xt�� n, lT '�� „ 9�-z 3 a REPORT FOR PRELIMINA.RY ORDER FOR CONDEMNATION AND TAKING OF CEI2TAIN PROPERTIES OWNED BY PLASTICS, I�C. FOR THE NEW SCIENCE MUSEUM PROJECT FOR CONSTRUCTION OF EAGLE PARKWAY On November 6, 1996, the City Council adopted Council File No. 96-1376, (see Exhibit A) which was a Resolution Approving and Authorizing Execution of a Development Agreement With the Science Museum of Minnesota ("SMM"), a Construction Grant Agreement with the State of Minnesota and Other Necessary Docutnents in Connection with the Science Museum Project. In the aforementioned Resolution, the City approved the acquisition of the reai estate needed for the development of the Project, and directed staff to proceed to negotiate the acquisition of the real estate. The City authorized the use of eminent domain and to undertake such eminent domain proceedings if and to the extent necessary to aid in the acquisition of such land, and, if found to be necessary. 2. The Science Museum Project is an apptoximately $100 million project. The City on behalf of the SMM, has accepted $31.2 million of grants from the State of Minnesota. A condition of the State grants is that the City own the real estate upon which the Project is built which includes Plastics, Inc. (See Exhibit B). As part of the 1996 Development Agreement the City obiigated itself as part of the acquisition to purchase and demolish Plastics, Inc by august 15, 1998 and substantially complete Eagle Pazkway (a new road at the westem end of the SMM Pioject which bisects the Plastics property) by April 15, 1999 to avoid damages to the City under the SMM Development Agreement. In 1996 the City has budgeted in excess of $18.0 million of local funds to undertake the SMM Project including $2.7 million dollars for the Plastic taking. 5. Since the fall of 1995, the City and Port staff have investigated more than 20 sites to relocate Plastics and their Bagan facility in Saint Paul and structure a proposal. Over the last yeaz that has been updates to the City Council or HRA Boazd on Plastics in Februazy and Mazch 1997, as well as the City approval on September 24, 1997, in CF 97-1190 to relocate Plastics and Eagan facility to the Citgo site, through the Port Authority, for approximately $20 million dollazs. 6. In early December 1997, the City was informed that Newel Corporation�the parent of Plastics, Inc. that Plastics would not execute a development agreement with the Port Authority to relocate their combined Eagan and Saint Paul facility at the Citgo site. It was agreed by both parties because of SMM schedule, that if negotiated settlement could not be reached by January 31, 1998, for retaining the manufacturing operations in an F:\USERS\WHITEIW PDATANIAILMESSPLAST.CON 9�-z3Z 100,000 squaze foot building in Saint Paul, the condemnation process would begin. 7. The Pretiminarv Order for the takina of Plastics is to set a pnblic hearinQ on Mazch 25. 1998. Prepared by Bob Geurs - PED 266-6b53 F: W SERS\ W HITEI W PDATA�hfA1LMESS�PLAST.CON 9�- z 3 2 ' ' � • • r � Council File # '��. �Tr'�Y �`�t_� � -.° f� f n arv�erv oco-�•�`►g� ° ' ` ` ' ` ` �' ` ' ` Gceen Sheet # 3 � � R S RESOLUTION OF SAfNT PAUL, MiNNESOTA v�3 Presented By Referred To Committee: Date 1 RESOLUTION APPROVING AND AUTHORIZING EXECUTI�N OF A 2 DEVELOPMENT AGREEMENT WITH 3 THE SCIENCE MUSEUM OF MINNESOTA, A CONSTRUCTION 4 GRANT AGREEMENT WITH THE STATE QF MINNESOTA 5 __, AND OTHER_NECESSARY DOCUMENTS IN CONNECTION WITII .-- .. 6 - THE SCIENCE MUSEUM PROJECT ' 7 8 9 WHEREAS: 1Q 11 �.. . � . . 12 1. City Council Resolution 87-1613 (November 10, 1987) and 13 HRA Resolution 87-11J4-2 (November 4, 1987) approved the 14 Redevelopment Plan and Development District for the Riverfront 15 Redevelopment Project and Development District pursuant to 16 applicable Minnesota Statutes. The Riverfront Redevelopment Plan 17 establishes the public purposes �or the acquisition of real 18. estate for the Project as further described in the Development 19 Agreement Exhibit c-1. 20 -- � --- --_—__ _: _ .. .. .. _ . - - ------�— ------ - . _ =—?�^-'�"`-:�°==-=2_===::�P 643,.. - _.._._..,�—=�- �---.._.,.,.... _. . _.- : -- . . :-. ; -_ :,-.. . -_-, . . _ w ,... .. _ . : " •- �- — � - ... w . . , . _ - � . . ... _:._ _ ,. .::._ i =;,�- -- `y'�ec�i-on��;:_tHz=_City-"is=au��ioi�z'ec�—to-establish-and ma_i�tzzn" a .._ ---- ,: -: . _ _.. ="Z�=='"musei'Sm='�o'r'�lie`pfir_uose of - and enlightenment, ,:24_ _:_ixi�iuding, but not limited to, a museum of natural science and 25- teclinology (the "Governmental Program'�) and to exercise the 26 powers in Minriesota Statutes, Section 471.191, Lo acauire and 27 better facilities for a museum and to lease the same to a 28 non-profit organization to carry out the Governmer.tal Program. 29 30 3. The Science Museum of Minnesota, a Minnesota non-pro£it 31 corporation ("SMM") proposes to construct new facilities in the 32 Riverfront Redevelopment Area of the City oi_St. ?aul_, which . 33 �facilities will include, but are not limited to, a museum of not 34 less than 300,000 square feet (the "Museum"), a parking ramp 35 containing at least 700 snaces (the "Ramp"), and certain related 36 improvements (the "Uoper Landing Improvements") (collectively, 37 the "Project"). 38 39 a. The Project will be one of the �irst major developments �0 in the Riverfront Redevelopment Area, will draw a substantial 41 number of visitors to the City, and will have a signiiicant 42 employment impact. 43 ?? 5. . _�_3—has-�iereto—approved—a—MemoY-ar��.�gt-�rE— 45 -�t�e�s�yr�ng bet z._.e r� �MM �..e—�3�e E�' " e�ao�r��a—e£ C � J c_c ��q c � O ».�„ � �.,I..a�� /}' P,1 y�-z 3Z 0 1' �'. ia8 O.S. Jd1TiL- YGLL1 b�-iT.+itytx JU�I�JVLyJ YLUYyK11ly W!.YiytS"i.'✓� lAN/S�K Y ... � S ' . _ " d / .w...v.v. 2 const�uat,3on;a*or3c appo�tunstz�s ��or Paul�,resid,ents s throtig2i „,.., 3 �,�ts.y�ffirmat-ive.:ac��an+poli�y:;�; 4 5. �5fi. 'The City Council has hereto approved a Memorandum of 6 Understanding between the SMM and the City (the "Memorandum of 7 Understanding") which set forth in a preliminary manner, among 8 other things, the obligations of SMM to construct the Project and 9 the contributions to be made by the City to the Project, which 10 Memorandum of Understanding, by its terms, was to be superseded 11 by a final development aqreeraent. 12 13 6;7?. In connection with the Project forms of the following 14 documents have been submitted to the City Council: 15 " 16 (a) a Development Agreement by and between the City 17 and SMM (the "Development Agreement") which sets forth the 18 rights and obligations of the City and SMM with respect to 19 the Project; . , 20 . 21 (b) a Constzuction Grant Agreement by and between the 22 City and the State (the "Construction Grant Agreement") 23 setting forth the terms and conditions under which the State 24 has made a$30,000,000 grant to the City Por the Museum (the 25 "state Grant"); 26 27 (c) a Disbursement Agreement Construction Grant by and 28 between the City and the State (the "State Disbursing 29 Agreement") setting forth the terms and conditions under = 30- ---====:: �: �-iah-ich--the_ State Grant will- be disbursed - to pay for the =.�.. - - • - ----• -.._ . . ._ . '-3�.=.:.:-_ -'- .':d"esign. and construction costs�of-the: Museum; 32 '...,. -... ._._... __. . . ... 33 (d) a Disbursing Agreement by and between the City and 34 3MM (the "Disbursing Agreement") setting forth the terms and 35 conditions under which the State Grant and the City 36 Contribution (as defined in the Development Agreement) will 37 be disbursed to SMM to pay costs of the design and 38 construction of the Museum and the Upper Landing 39 Improvements; 40 41 (e)_ a Ramp Lease by and between the City,and SMM (the 42 "Ramp Lease") pursuant to which the City agrees to lease to 43 SMM the land on which the Ramp will be constructed; 44 45 (f) a Museum Lease by and between the City and SMM 46 (the "Museum Lease") pursuant to which the City agrees to 47 lease to SMM the land on which the Museum will be 48 constructed; and n9 50 (g) a Lease by and between the City and SMM (the "West 51 Building Lease") pursuant to which the City agrees to lease 52 to SMM the existing building currently occupied by SMM. 53 9�-z 3 Z �� 2 3 4 5 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3II --31:._. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 The above documents, together with all exhibits thereto, are collectively rePerred to as the Project Documents. RESOLVED: 1. The City Council hereby establishes the Governmental Program and appraves and authorizes the Mayor, Clerk, Director, Department of Planning and Economic Development and Director, Department of Finance and Management Services (the "Authorized Officers") to execute the Project Documents in substantially the £orms submitted. The approval hereby given to the Project Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney, the appropriate staff person or by the officers authorized herein to execute or accept, as the case may be, Project Documents prior to their exeCUtiori; and said officers oz staff inembeYS are heYeby authorized to approve said chanqes on behal£ of the City. The execution of any instrument by the appropriate of£icer or officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereoP. 2. The authority to approve Puture amendments to Project Documents is hereby delegated to the Director, Department of Planninq and Economic Development, subject to the following -cond'itions: (a) such-amendments-do not'materially.adversely --`-affect_•the...irrterests :o€ =the � Cit}�, -and . (b) .• snch .amendments- are - - -. .-. - aaceptable�in form and substance to the appropriate staff person, the City Attorney and any other counsel retained by the City to review such amendments. Any amendments shall be executed by the Authorized Officers described in paragraph 1 hereof. . 3. The authority to negotiate terms for a loan of approximately $3,500,000 to assist in the acquisition of lands for the SMM Project. The Budget Director and Airector of Planning and Economic Development will by [November 30,1496] make a recommendation to the City Council.on the.structure of the.loan. and will investigate the feasibility of the following three options: (1) a forgivable loan from the foundation community or other non-profit organizations; (2) a City annual appropriation lease;or 3) a City tax exempt revenue note which is secured by a mortgage. Sources for the repayment of the loan may include but are not limited to new District Heating and Cooling franchise fees attributable to the SMM Project, temporary parking income generated from the acquisition for the Project on the Ryan Block, Puture sales proceeds from that property, and an annual Cultural Star appropriation of $100,000 for the term of the loan. 4. The acquisition o£ the real estate described in Exhibit C-1 of the Development Agreement is hereby approved, and staff is 9�-Z3� � 1 2 3 4 5 6 7 8 9 10 11 iz 13 14 i5 hereby directed to proceed to negotiate the acquisition. The City hereby authorizes the use of eminent domain and its legal counsel is directed to undertake such eminent domain proceeding if and to the extent necessary to aid in the acquisition of such land and, if necessary, requests the Housing and Redevelopment Authority to undertake such eminent domain proceeding. __ r6;. The City's 1996 Budget is hereby amended to read as shown on Exhibit A attached hereto. Bostrom Guerin Harris Megard Rettman Thune Yeas 1fi avs �Absent ,�') I �il I �� i � j I :/' � -; Adopted by Council v r-, � Date I\•�- (. 1y4�, Requeste@ bv Departnen� c�: By• Form Approved by City Attorne}> gy; A rOved by Bud et Director for S�i�mission to M�yor B y : _ Ado�t�on Certified by Council AgpCoundi$y Mayor for Submissior Sec e ary L BY = � � F� :,��..�• :--�.- BY � Approved by May r: Date i1 i yl�L� ; � By : {�� ` , � �„�'j�. 1�� z3 Z r Inancin Science Museum - City and Spte Contn'bution C.�iGAT200 Exhibit A Current Budget Chan� Scattered SRe 7ax Increment Finance District Community Development Block Grant (CDBG) Contingencies Urban Deveiopment Aetion Grani 1996 Capital Improvement 8onds City of Saint Paut Sales Tax proeeeds - Cultural Account River(ront Taz Increment Finance District Civic Center Reserves State o( Minnesota - Preiiminary Design Grant Resolution Trust Corpore6on (RTC) assets Science Museum of Minnesota Repayment of Loan (9052) Loan proceeds Reimbursements/Temporary Income Ramsey CounTy (morgue demolition) Science Museum of Minnesoa (:�,W, Eagle St Acq.) Parking income .�- Spendina �- -� Scrence Museum - City and State Cortfnbution C9Cr0T20p State of Minnesota - preliminary Design Grant Land Assembly AcquisitioNDemolitioNRelocation Environmenial Contingency Rea{ Essateltegaf GosistMisc. • SMM loan (52.5 million totai) 7ransfer - Civic Center Tum Around (0565) 3ransfer - SMM turn around oNer costs (0789) NSP: teedes Iine reloca4on (0784) •�� . .�� r� � �� i ��i �� • • �� 2.500.000 3.549.500 100,Q�0 220.500 25.000 14.900.000 3,895.000 �� • c ��. �� 1.500.000 242.000 758.000 14.9pp.ppp K :1 N� (125.000) 2G5;000 3,895,D00 ` � Amended Budget .�� •� �� .�� •�� •� �� 2.500.000 � .. 3,549,500 100.000 220.500 25,000 18.795,000 S,OOO,OCO . :� �� r� � 7.500,000 242.000 758,000 18.795.000 ' Excludes 53,100,0pp of 1997 CIB Bands not yet appropriated by t`�e Mayor and Gity Councit. If approved, City contribution for pubiic improvements will total 510,500,Q'�. 9�-Z � z Parcel 1 Parcel 2 Parcel. 3 Parcel 4 Parcel S Parcel 6, EXHZBIT C-1 DESCRIPTION OF THE LPND Pormer Ramsey County Norgue West - a, b, c& d Plastics - a & b 272 Chestnut House Eagle/Exchange/Kellogg area for right of way £or Eagle Parkway Irr.orovements a. Portion of the former Rehab Center land owned by Robert Walsh/Seven Corners Hardware b. WJW Properties Portion of District Energy Property 331479.9 C-1 . � . 9�—Z3z • �:�•� _ rUUP,;('� � �-... _�.:. '—�' �''` ""' �=- ` • �� ' '• ' Exhibit C2: Acquisition Par I � � , � r . .._ �-�,� '/,. �. �� t . , / � ,< : il _��" � • ° '��J r � • ``` . e.`':� t . —��` .. Ur ----�� '• �I _'' �t /�� .. • ��'� .. � :' ,��`. 1/ ' + 5 � � ` ��c.� �J': � .. .i., .. � Sa ..' ' '\_ _ � o.��s�i` �:e-ie. ( -:� � ��:•��.,� �' � : � f,' . ,. _ • � • ''. . ^ . 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CITY OF SAINT PAUL �o��zz Fs� No. 98-23z FZNAL ORDER IN BY�� 3/ FILE NO � VOTING WARD In the matter o£ the condemnation and taking o£ certain properties for the new Science Museum of Minnesota and for the construction o£ Eag1e Pazkway. WFIEREAS, on November 6, 1996, the City Council adopted Council File No. 96- 1376, in which the City approved the acquisition of the real estate needed Por the development of the Science Museum Project, and directed staff to proceed to negotiate the acquisition of the real estate. Further, the City staf£ were authorized to use eminent domain and legal counsel was directed to undertake eminent domain proceedings if and to the extent necessary to aid in the acquisition of such real estate; and Wf�REAS, on November 6, 1996, the City and the Science Museum of Minnesota entered into that certain Development Agreement, which sets forth the rights and obligations of the City and the Science Museum with regard to the construction of new facilities including a museum of not less than 300,000 square feet, a parkinq ramp containinq at least 700 spaces, and several public improvements (the "Upper Landing Improvements") (collectively, the "Project"). Attached hereto as Exhibit "B" is a drawing which shows the general location and layout of the Project; and WF�REAS, included within the Upper Landinq Improvements is the construction of Eagle Parkway, which will function as the entrance to the downtown from a reconstructed Shepard Road. The desiqn plans £or Eagle Parkway show significant landscaping and amenities designed to create a buffer between the residential areas of Irvine Park and the Museum, and to provide a pleasing entrance into the downtown area. Also included within the Upper Landing Improvements is the site for Celebration Plaza, which will provide a public open space and be a transitional setting from the urban, downtown development to the undeveloped and natural areas of the river valley; and WHEREAS, one o£ the City's obligations under the terms of the Development Agreement requires the acquisition of real property owned by Plastics, Inc. by no later than August 15, 1998, and that City staff has recommended the acquisition of the Plastics` property through the process of eminent domain (the Plastics' property is outlined on Exhibit "B"); and WHEREAS, in Preliminary Order 98-152 dated February 25, 1998, a public hearing was scheduled for March 25, 1998; the public hearing having been had upon the above improvement upon due notice, and the Council having heard all persons, objections, and recommendations relative thereto, and having fully considered the same (a copy of said Preliminary Order is attached hereto as Exhibit "C"); BE IT RESOLVED, that the Council of the City of Saint Paul hereby determines and orders the acquisition in £ee simple, absolute, of the real property described on Exhibit "A" and shown on Exhibit "A-1" attached hereto and the City OPficers and the City's legal counsel are hereby authorized and directed to take all actions necessary to acquire said real estate by purchase or eminent domain, including the use of quick-take procedures; and BE IT E'ORTHER RESOLVED, that the Council hereby finds and determines that the acquisition by purchase or by eminent domain of the real estate described in 98-�3z Exhibit "A" attached hereto is necessary and serves a public purpose, that the acquisition of said real estate will improve the economic base and aesthetic condition of the City oP Saint Paul, and because without the acquisition of said real estate the City would not be able to £ulfill its obligations under the Development Agreement; and BE IT FURTHER RESOLVED, that the acquisition by purchase or eminent domain of the real estate described in Exhibit "A" attached hereto is necessary and serves a public purpose in that the acquisition of said real property is needed £or public improvements, including improvements to the road system of the City of Saint Paul and providing £or land £or open space areas; and BE IT FURTHER RESOLVED, that due to the provisions of both the Development Agreement and for the circulation of traffic in and through the Project area, it is necessary to acquire said real estate before the time within which the Court- appointed commissioners could reasonably be expected to render their award, whereby the use of quick-take procedures in accordance with Minn. Stat. � 117.042 is hereby specifically authorized; and BE IT FINALLY RESOLVED, the City Officers and the City's legal counsel are hereby authorized and directed to execute such documents and to take such actions as are necessary to accomplish the acquisition by the City of the real estate described in Exhibit "A" attached hereto. COUNCILPERSONS Yeas Nays ✓Benanav ✓�lakey ✓�ostrom ��oleman ✓Flarris � In Favor �ntry Reiter-Hb�<..� � Against Adopted by Council: Date ��, l`� ) Passed by Council Secretary C'�T/ Mayor 1 i��Sev�� -Z- -2 2 T.M.S.iREAL ESTATE DIVISION Date: March 17,1998 Green Sheet Number: 50043 EPOR1'NILN1' DII2EC1'OR C1TY COUNCII, ntact Peison and Phone N�mber: ATfORNEY CITYCLERK Peter White 266-8853 [7pGgr DIILEClOR �.& MGT. SVC. Dllt. YOR (OR ASSLSfAN19 1 OUNCII, RRCaexCg ust be on Council enda by: March 25, 1998 (Scheduled Public H OTAL # OF SIGNATIJRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAT'URE) CTION REQUESTED: uthorize the acquisition of the Plastic Inc. site for the construction of the ew Scienee Musevm and the construction of Eagle Parkway. OMn�NDATiONS: APrROVE (a) OR REleC1• (R) ggONAL SERVICE CONTRACTS MUST ANSWER TTIE FOLIAWING: 1. Has the person/5rm ever worked under a contract for Utis deparhnent? YES NO PI,ANNING COMMISSION A STAFF . Has tbis person/Srm ever been a Cdy employee? YES NO CIVII, SEAVICE COMMISSIOIV . Does tLis person/fum possess a sin11 not normally possessed by any YES NO current City employee? c� conuHrrrEa E lain all YES answers on a se rate sheet aud attach. PORTS WIIICH COUNCII. OBJECTiVE? COUNCII. WARD(S� 2 DLSTRICT PLANNING COUNCII, 9 TING PILOBLEM, IS5UE, OPPORTOHI'1'P (Who W6at, When, Where, Why?): he City needs the authority to take the aetion to acquire the Plastics Inc. site using the right of eminant domain. This requires a public hearing at the ity Council. VANTAGES IF APPROVED: The new Science Museum site and the construction of Eagle Parkway can move forward. ISADVANI'AGES IF APPROVED: Plastics Inc. will have to relocate their operations located on this site. ISADVANTAGES IF NOT APPROVED: he new Science Muaeum site and the construction o£ Eagle Parkway will not mov £orward. OTAL AMOUNT OF TRANSACTION: $` 2, 7 O O� O O 0 COST/REVENOE BUDGETED (CIItCLE ONE) YES NO mresouxcE: Capital Improvement Bonds AcT1�ITYrrt��ER: CR9fLW' u e4'vG�YSJ R�R'(� ANC7AL INFORMATION: (EXPI.AII� MAR 1 � �9� 9�-a3z Exhibit "A" All of Block thirty-four (34) (including alley and rights in adjoining right-of- way�, Rice and Irvine's Addition to the Town of Saint Paul, according to the recorded plat thereo£, and situate in Ramsey County, Minnesota. Lots nine (91 and ten (10), Block thirty-five (35), Rice and Irvine's Addition to the Town of Saint Paul, and that part of Lot One (1), Block thirty-£ive (35), Rice and Irvine's Addition to the Town of Saint Paul, lyinq Southeasterly of a line described as extending from a point on the East line o£ said Lot one (1�, distant one hundred one and twenty-three hundredths (101.23) Peet Southeasterly from the Northeast corner of said Lot one (1), to a point on the West line of said Lot one (1), distant one hundred one and thirty-five hundredths (1Q1.35) feet Southeasterly from the Northwest corner of said Lot one (1), according to the recorded plat thereof on file and of record in the office of the Reqister of Deeds in and £or Ramsey County. . \�� . . b �� '� � �� O `. � O , � � .�9 �`�\ �� ' ♦ \ \ `� � \ \ �� \ `�� \ � � ♦ � � ��9 �� \ ' , •� � � �`\� •`� . �� . • ., . �.,� �• . . . .,�'• .� � , � � � �� .v _ � \ � \\\ �, � � :��` b�6 .�� ., � . . �`.. �'� / , \ ` i � � i � � _ � � ��i^ �i i � i � i > � � \ �� 1 \ ` \ ♦ � ��♦ % �� \ \ �� i i�� \ \ � i ��\ \ �� ♦ � � i �\ \�' � > ��\ \ � Y� �� 7 / � � � � ♦ � � i ,c i„-/J` �� \\ �� `�\�\ \ \� �/ � � �� \�� \ �♦ / � �� /y � `� � \ � ,.� ��\ � / �K� �� \` � � \� \ \ i� � \� .� / �8-232 � i � �y � ..- � • , .� Y .% � \\\ / / i � � f <�� \ C� / � \ i i `� � \ i i� \ � i i � i� \ �` \ \ � �` ` // � �� / � � / � � � �♦ �� / / � r / �\ / / / / / i? `� i � // � \`\� i i / � � � \\ O �X1��+ I3 C�rr�� us�'�cs TnL. ��Co��Y�"� � l.oca-� o�' No�-� �a��e ��ay > `�� ' 7 f 1��:�,��' �, � , , I� � �'' � i � ,-., �`�� '� � & �� :, � ,, � = � ; ; I,, � `�� , i l � , I ��I � � �T C � , � � �'� ' �� '� I��AEi� r` �;.,` ;_ ;r .. ll , `� �.( �— �=J� �-'' 1 � �, �� ; �' � ` '` ' E � � F � � � � � � � e � � rS s � Q �� _ �'��' 1� �� ' q � � ; �� \ �s _, _�, � �1 �i��F�� ,� \�- , � � ., � . `\\ � `:, \ i� 6� S� ` r-�- '. � � .,� , � �� ,�,�:..-��=.:.. 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(i ). . � � �-_va l p$ Q� { \ • . \ �i� `- �� - YI_ ��'." .�, \• . � - . \ � � !. � \�,�- : 1 ,''«�``\`��\\' ,� . ,�_,. �, �� .-- � h, �� ,` �-`;' \�"��V :\ \\� .. .� 1 ` i�` � \�a�; \. �.. ` j`v � ,\��; `'�,,.•' �� i �' \i. ��;`�\ �� \ � . ' C � �\ � ;;��;: i � � �=��; �=��`` ; : ` < \ � , � � /`� �',\. , •_ \ � , r _ �,�_�� l =_ . d � �, �, � � },. ,.. : � � �' %' �� '\' j ,:, i �-. 2 us �, i' fly � � j \. 4 , \ �' / ,� _ \ � % • , `. , /.%�' ' � `�� „ � ! �� \ �! �>i � v�.. \ / ^ . ``,, � � � ' / � ",�/ � �,. /` `�'�� :�� l ' . �> ..�� 5� -z 3 Z CITY OF ST. PAUL COUNC O. PRELIMINARY ORDER BY ' 'u � FILE NO. 1 0 VOTII3G WARD 2 In the Matter o£ condemning and taking the property described on the attached Exhibit "A" and shown on the atCached map labeled Exhibit "B" for the construction of the new Science Museum and for the construction of Eagle Parkway. (The site is owned by Plastics, Inc.) � The Council of the City of Saint Paul having received the report of the Mayor upon the above improvement, and having considered said zeport, hereby resolves: 1 2. 3 That the said report and the same is hereby approved with no alternatives, and that the estimated cost thereof is $2,700,000 financed by Capital Improvement Bonds. That a public hearing be had on said improvement on the_25th dav of March, 1998,at 5:30 o'clock P.M., in the Council Chambers of the City Hall and Court House Buildinq in the City of Saint Paul. That notice of said public hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanev ✓�lakey �strom �leman �rzis �ntry �ter Adopted by Council: Date �c?o �S `�� Certified Passed by Council Secretary �In Favor By �_ 0 Against Mayor E'xt�� n, lT '�� „ 9�-z 3 a REPORT FOR PRELIMINA.RY ORDER FOR CONDEMNATION AND TAKING OF CEI2TAIN PROPERTIES OWNED BY PLASTICS, I�C. FOR THE NEW SCIENCE MUSEUM PROJECT FOR CONSTRUCTION OF EAGLE PARKWAY On November 6, 1996, the City Council adopted Council File No. 96-1376, (see Exhibit A) which was a Resolution Approving and Authorizing Execution of a Development Agreement With the Science Museum of Minnesota ("SMM"), a Construction Grant Agreement with the State of Minnesota and Other Necessary Docutnents in Connection with the Science Museum Project. In the aforementioned Resolution, the City approved the acquisition of the reai estate needed for the development of the Project, and directed staff to proceed to negotiate the acquisition of the real estate. The City authorized the use of eminent domain and to undertake such eminent domain proceedings if and to the extent necessary to aid in the acquisition of such land, and, if found to be necessary. 2. The Science Museum Project is an apptoximately $100 million project. The City on behalf of the SMM, has accepted $31.2 million of grants from the State of Minnesota. A condition of the State grants is that the City own the real estate upon which the Project is built which includes Plastics, Inc. (See Exhibit B). As part of the 1996 Development Agreement the City obiigated itself as part of the acquisition to purchase and demolish Plastics, Inc by august 15, 1998 and substantially complete Eagle Pazkway (a new road at the westem end of the SMM Pioject which bisects the Plastics property) by April 15, 1999 to avoid damages to the City under the SMM Development Agreement. In 1996 the City has budgeted in excess of $18.0 million of local funds to undertake the SMM Project including $2.7 million dollars for the Plastic taking. 5. Since the fall of 1995, the City and Port staff have investigated more than 20 sites to relocate Plastics and their Bagan facility in Saint Paul and structure a proposal. Over the last yeaz that has been updates to the City Council or HRA Boazd on Plastics in Februazy and Mazch 1997, as well as the City approval on September 24, 1997, in CF 97-1190 to relocate Plastics and Eagan facility to the Citgo site, through the Port Authority, for approximately $20 million dollazs. 6. In early December 1997, the City was informed that Newel Corporation�the parent of Plastics, Inc. that Plastics would not execute a development agreement with the Port Authority to relocate their combined Eagan and Saint Paul facility at the Citgo site. It was agreed by both parties because of SMM schedule, that if negotiated settlement could not be reached by January 31, 1998, for retaining the manufacturing operations in an F:\USERS\WHITEIW PDATANIAILMESSPLAST.CON 9�-z3Z 100,000 squaze foot building in Saint Paul, the condemnation process would begin. 7. The Pretiminarv Order for the takina of Plastics is to set a pnblic hearinQ on Mazch 25. 1998. Prepared by Bob Geurs - PED 266-6b53 F: W SERS\ W HITEI W PDATA�hfA1LMESS�PLAST.CON 9�- z 3 2 ' ' � • • r � Council File # '��. �Tr'�Y �`�t_� � -.° f� f n arv�erv oco-�•�`►g� ° ' ` ` ' ` ` �' ` ' ` Gceen Sheet # 3 � � R S RESOLUTION OF SAfNT PAUL, MiNNESOTA v�3 Presented By Referred To Committee: Date 1 RESOLUTION APPROVING AND AUTHORIZING EXECUTI�N OF A 2 DEVELOPMENT AGREEMENT WITH 3 THE SCIENCE MUSEUM OF MINNESOTA, A CONSTRUCTION 4 GRANT AGREEMENT WITH THE STATE QF MINNESOTA 5 __, AND OTHER_NECESSARY DOCUMENTS IN CONNECTION WITII .-- .. 6 - THE SCIENCE MUSEUM PROJECT ' 7 8 9 WHEREAS: 1Q 11 �.. . � . . 12 1. City Council Resolution 87-1613 (November 10, 1987) and 13 HRA Resolution 87-11J4-2 (November 4, 1987) approved the 14 Redevelopment Plan and Development District for the Riverfront 15 Redevelopment Project and Development District pursuant to 16 applicable Minnesota Statutes. The Riverfront Redevelopment Plan 17 establishes the public purposes �or the acquisition of real 18. estate for the Project as further described in the Development 19 Agreement Exhibit c-1. 20 -- � --- --_—__ _: _ .. .. .. _ . - - ------�— ------ - . _ =—?�^-'�"`-:�°==-=2_===::�P 643,.. - _.._._..,�—=�- �---.._.,.,.... _. . _.- : -- . . :-. ; -_ :,-.. . -_-, . . _ w ,... .. _ . : " •- �- — � - ... w . . , . _ - � . . ... _:._ _ ,. .::._ i =;,�- -- `y'�ec�i-on��;:_tHz=_City-"is=au��ioi�z'ec�—to-establish-and ma_i�tzzn" a .._ ---- ,: -: . _ _.. ="Z�=='"musei'Sm='�o'r'�lie`pfir_uose of - and enlightenment, ,:24_ _:_ixi�iuding, but not limited to, a museum of natural science and 25- teclinology (the "Governmental Program'�) and to exercise the 26 powers in Minriesota Statutes, Section 471.191, Lo acauire and 27 better facilities for a museum and to lease the same to a 28 non-profit organization to carry out the Governmer.tal Program. 29 30 3. The Science Museum of Minnesota, a Minnesota non-pro£it 31 corporation ("SMM") proposes to construct new facilities in the 32 Riverfront Redevelopment Area of the City oi_St. ?aul_, which . 33 �facilities will include, but are not limited to, a museum of not 34 less than 300,000 square feet (the "Museum"), a parking ramp 35 containing at least 700 snaces (the "Ramp"), and certain related 36 improvements (the "Uoper Landing Improvements") (collectively, 37 the "Project"). 38 39 a. The Project will be one of the �irst major developments �0 in the Riverfront Redevelopment Area, will draw a substantial 41 number of visitors to the City, and will have a signiiicant 42 employment impact. 43 ?? 5. . _�_3—has-�iereto—approved—a—MemoY-ar��.�gt-�rE— 45 -�t�e�s�yr�ng bet z._.e r� �MM �..e—�3�e E�' " e�ao�r��a—e£ C � J c_c ��q c � O ».�„ � �.,I..a�� /}' P,1 y�-z 3Z 0 1' �'. ia8 O.S. Jd1TiL- YGLL1 b�-iT.+itytx JU�I�JVLyJ YLUYyK11ly W!.YiytS"i.'✓� lAN/S�K Y ... � S ' . _ " d / .w...v.v. 2 const�uat,3on;a*or3c appo�tunstz�s ��or Paul�,resid,ents s throtig2i „,.., 3 �,�ts.y�ffirmat-ive.:ac��an+poli�y:;�; 4 5. �5fi. 'The City Council has hereto approved a Memorandum of 6 Understanding between the SMM and the City (the "Memorandum of 7 Understanding") which set forth in a preliminary manner, among 8 other things, the obligations of SMM to construct the Project and 9 the contributions to be made by the City to the Project, which 10 Memorandum of Understanding, by its terms, was to be superseded 11 by a final development aqreeraent. 12 13 6;7?. In connection with the Project forms of the following 14 documents have been submitted to the City Council: 15 " 16 (a) a Development Agreement by and between the City 17 and SMM (the "Development Agreement") which sets forth the 18 rights and obligations of the City and SMM with respect to 19 the Project; . , 20 . 21 (b) a Constzuction Grant Agreement by and between the 22 City and the State (the "Construction Grant Agreement") 23 setting forth the terms and conditions under which the State 24 has made a$30,000,000 grant to the City Por the Museum (the 25 "state Grant"); 26 27 (c) a Disbursement Agreement Construction Grant by and 28 between the City and the State (the "State Disbursing 29 Agreement") setting forth the terms and conditions under = 30- ---====:: �: �-iah-ich--the_ State Grant will- be disbursed - to pay for the =.�.. - - • - ----• -.._ . . ._ . '-3�.=.:.:-_ -'- .':d"esign. and construction costs�of-the: Museum; 32 '...,. -... ._._... __. . . ... 33 (d) a Disbursing Agreement by and between the City and 34 3MM (the "Disbursing Agreement") setting forth the terms and 35 conditions under which the State Grant and the City 36 Contribution (as defined in the Development Agreement) will 37 be disbursed to SMM to pay costs of the design and 38 construction of the Museum and the Upper Landing 39 Improvements; 40 41 (e)_ a Ramp Lease by and between the City,and SMM (the 42 "Ramp Lease") pursuant to which the City agrees to lease to 43 SMM the land on which the Ramp will be constructed; 44 45 (f) a Museum Lease by and between the City and SMM 46 (the "Museum Lease") pursuant to which the City agrees to 47 lease to SMM the land on which the Museum will be 48 constructed; and n9 50 (g) a Lease by and between the City and SMM (the "West 51 Building Lease") pursuant to which the City agrees to lease 52 to SMM the existing building currently occupied by SMM. 53 9�-z 3 Z �� 2 3 4 5 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3II --31:._. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 The above documents, together with all exhibits thereto, are collectively rePerred to as the Project Documents. RESOLVED: 1. The City Council hereby establishes the Governmental Program and appraves and authorizes the Mayor, Clerk, Director, Department of Planning and Economic Development and Director, Department of Finance and Management Services (the "Authorized Officers") to execute the Project Documents in substantially the £orms submitted. The approval hereby given to the Project Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney, the appropriate staff person or by the officers authorized herein to execute or accept, as the case may be, Project Documents prior to their exeCUtiori; and said officers oz staff inembeYS are heYeby authorized to approve said chanqes on behal£ of the City. The execution of any instrument by the appropriate of£icer or officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereoP. 2. The authority to approve Puture amendments to Project Documents is hereby delegated to the Director, Department of Planninq and Economic Development, subject to the following -cond'itions: (a) such-amendments-do not'materially.adversely --`-affect_•the...irrterests :o€ =the � Cit}�, -and . (b) .• snch .amendments- are - - -. .-. - aaceptable�in form and substance to the appropriate staff person, the City Attorney and any other counsel retained by the City to review such amendments. Any amendments shall be executed by the Authorized Officers described in paragraph 1 hereof. . 3. The authority to negotiate terms for a loan of approximately $3,500,000 to assist in the acquisition of lands for the SMM Project. The Budget Director and Airector of Planning and Economic Development will by [November 30,1496] make a recommendation to the City Council.on the.structure of the.loan. and will investigate the feasibility of the following three options: (1) a forgivable loan from the foundation community or other non-profit organizations; (2) a City annual appropriation lease;or 3) a City tax exempt revenue note which is secured by a mortgage. Sources for the repayment of the loan may include but are not limited to new District Heating and Cooling franchise fees attributable to the SMM Project, temporary parking income generated from the acquisition for the Project on the Ryan Block, Puture sales proceeds from that property, and an annual Cultural Star appropriation of $100,000 for the term of the loan. 4. The acquisition o£ the real estate described in Exhibit C-1 of the Development Agreement is hereby approved, and staff is 9�-Z3� � 1 2 3 4 5 6 7 8 9 10 11 iz 13 14 i5 hereby directed to proceed to negotiate the acquisition. The City hereby authorizes the use of eminent domain and its legal counsel is directed to undertake such eminent domain proceeding if and to the extent necessary to aid in the acquisition of such land and, if necessary, requests the Housing and Redevelopment Authority to undertake such eminent domain proceeding. __ r6;. The City's 1996 Budget is hereby amended to read as shown on Exhibit A attached hereto. Bostrom Guerin Harris Megard Rettman Thune Yeas 1fi avs �Absent ,�') I �il I �� i � j I :/' � -; Adopted by Council v r-, � Date I\•�- (. 1y4�, Requeste@ bv Departnen� c�: By• Form Approved by City Attorne}> gy; A rOved by Bud et Director for S�i�mission to M�yor B y : _ Ado�t�on Certified by Council AgpCoundi$y Mayor for Submissior Sec e ary L BY = � � F� :,��..�• :--�.- BY � Approved by May r: Date i1 i yl�L� ; � By : {�� ` , � �„�'j�. 1�� z3 Z r Inancin Science Museum - City and Spte Contn'bution C.�iGAT200 Exhibit A Current Budget Chan� Scattered SRe 7ax Increment Finance District Community Development Block Grant (CDBG) Contingencies Urban Deveiopment Aetion Grani 1996 Capital Improvement 8onds City of Saint Paut Sales Tax proeeeds - Cultural Account River(ront Taz Increment Finance District Civic Center Reserves State o( Minnesota - Preiiminary Design Grant Resolution Trust Corpore6on (RTC) assets Science Museum of Minnesota Repayment of Loan (9052) Loan proceeds Reimbursements/Temporary Income Ramsey CounTy (morgue demolition) Science Museum of Minnesoa (:�,W, Eagle St Acq.) Parking income .�- Spendina �- -� Scrence Museum - City and State Cortfnbution C9Cr0T20p State of Minnesota - preliminary Design Grant Land Assembly AcquisitioNDemolitioNRelocation Environmenial Contingency Rea{ Essateltegaf GosistMisc. • SMM loan (52.5 million totai) 7ransfer - Civic Center Tum Around (0565) 3ransfer - SMM turn around oNer costs (0789) NSP: teedes Iine reloca4on (0784) •�� . .�� r� � �� i ��i �� • • �� 2.500.000 3.549.500 100,Q�0 220.500 25.000 14.900.000 3,895.000 �� • c ��. �� 1.500.000 242.000 758.000 14.9pp.ppp K :1 N� (125.000) 2G5;000 3,895,D00 ` � Amended Budget .�� •� �� .�� •�� •� �� 2.500.000 � .. 3,549,500 100.000 220.500 25,000 18.795,000 S,OOO,OCO . :� �� r� � 7.500,000 242.000 758,000 18.795.000 ' Excludes 53,100,0pp of 1997 CIB Bands not yet appropriated by t`�e Mayor and Gity Councit. If approved, City contribution for pubiic improvements will total 510,500,Q'�. 9�-Z � z Parcel 1 Parcel 2 Parcel. 3 Parcel 4 Parcel S Parcel 6, EXHZBIT C-1 DESCRIPTION OF THE LPND Pormer Ramsey County Norgue West - a, b, c& d Plastics - a & b 272 Chestnut House Eagle/Exchange/Kellogg area for right of way £or Eagle Parkway Irr.orovements a. Portion of the former Rehab Center land owned by Robert Walsh/Seven Corners Hardware b. WJW Properties Portion of District Energy Property 331479.9 C-1 . � . 9�—Z3z • �:�•� _ rUUP,;('� � �-... _�.:. '—�' �''` ""' �=- ` • �� ' '• ' Exhibit C2: Acquisition Par I � � , � r . .._ �-�,� '/,. �. �� t . , / � ,< : il _��" � • ° '��J r � • ``` . e.`':� t . —��` .. Ur ----�� '• �I _'' �t /�� .. • ��'� .. � :' ,��`. 1/ ' + 5 � � ` ��c.� �J': � .. .i., .. � Sa ..' ' '\_ _ � o.��s�i` �:e-ie. ( -:� � ��:•��.,� �' � : � f,' . ,. _ • � • ''. . ^ . 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