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Home My WebLink About4.a execsum public hearing EXECUTIVE SUMMARY Port Authority Meeting Date: February 16, 2016 AGENDA ITEM: Approval of the Sale of Property to Js QUAD, LLC AGENDA SECTION: Public Hearing PREPARED BY: Kim Lindquist, Deputy Director AGENDA NO. 4.a. ATTACHMENTS: Resolution, Public Hearing Notice APPROVED BY: ddj RECOMMENDED ACTION: Motion to approve the Resolution approving the sale of property to JsQUAD LLC ISSUE JsQUAD LLC will be purchasing the remaining Genz Ryan property to construct a Culvers restaurant which received planning approval in November 2015. The Port Authority approved the purchase offer in June of 2015 and the purchase agreement on September 1, 2015. The agreement has been amended twice to extend the closing date and the contingency date. And on the Port’s agenda is another amendment, to allow the closing into March 2016. As part of the process for sale of public property, the City should hold a public hearing. The Port Authority is required to hold the hearing to determine whether the sale of the property is in the best interests of the community and its residents and furthers the plans and goals of the Port Authority. A public hearing notice was published as required. A resolution of approval is provided for the Port Authority’s use after opening of the public hearing and discussion about the impact of the sale and ultimate development of the Culvers project upon the community. Staff believes the sale is consistent with the goals of the Port Authority to redevelop in the Downtown and also bring new commercial uses into the Downtown area. The Redevelopment Framework emphasized the Downtown as a gathering place, and the introduction of the Culvers will help achieve that goal. The project reflects the goals of high quality design, exterior materials, and architecture. Here is the excerpt from the State Statutes regarding the sale of land by the Port Authority: 469.065 SALE OF PROPERTY. A port authority shall hold a hearing on the sale. At the hearing a taxpayer may testify for or against the sale. At least ten, but not more than 20, days before the hearing the authority shall publish notice of the hearing on the proposed sale in a newspaper. The newspaper must be published and of general circulation in the port authority's county and port district. The notice must describe the property to be sold and state the time and place of the hearing. The notice must also state that the public may see the terms and conditions of the sale at the authority's office and that at the hearing the authority will meet to decide if the sale is advisable. RECOMMENDATION Motion to approve the Resolution ROSEMOUNT PORT AUTHORITY DAKOTA COUNTY, MINNESOTA RESOLUTION 2016 - 01 A RESOLUTION APPROVING SALE OF PROPERTY OWNED BY THE CITY OF ROSEMOUNT PORT AUTHORITY WHEREAS, the City of Rosemount Port Authority is the owner of real property generally located west of Hwy 3, south of Lower 147th Street, and east of Cambrian Avenue, and legally described as follows: LOTS 1 AND 2, BLOCK 1; EVENSON FIRST ADDITION, DAKOTA COUNTY, MINNESOTA. AND PT OF S 290 FT OF N 580 FT OF E 150 FT OF ALL THAT PT OF LOT 14 AUDITORS SUB NO 27 LYING S OF MAPLE ST & E'LY OF LINE DRAWN PAR WITH & 75 FT W OF LINE BEG ON S LINE OF SECTION 29 TWN 115 RANGE 19 367 FT W OF S 1/4 COR THENCE NE'LY AT ANGLE OF 65D28M WITH S LINE 757.3 FT DEF LEFT ON 06D30M CUR 354.6 FT THENCE TANG TO SAID CURVE FOR 800 FT & THERE TERM, AUDITORS SUBDIVISION NO 27, DAKOTA COUNTY, MINNESOTA. AND PT OF LOT 14 LYING S OF E'LY EXT OF N LINE LOT 1 BLK 1 EVENSON 1ST ADD LYING N OF E'LY EXT OF S LINE LOT 2 BLK 1 EVENSON 1ST ADD & LYING W OF LINE PAR WITH & 50 FT W OF LINE COM S 1/4 COR SEC 29-115-19 W ON S LINE 363.02 FT TO BEG OF LN N ON AZ 23D39M13S 756.07 FT DEF LEFT ON TANG CURV RAD 881.48 FT C/A 23D02M32S 354.74 FT THENCE ON TANG TO CURV 700 FT & THERE TERM EX PT IN 34-03800-220-14, AUDITORS SUBDIVISION NO 27, DAKOTA COUNTY, MINNESOTA. WHEREAS, the Port Authority desires to sell the property to Js Quad LLC for purposes of constructing a Drive Through Restaurant; and WHEREAS, Js Quad LLC will use the property to construct a Culver’s Drive Through Restaurant; and WHEREAS, on June 29, 2015 the Port Authority approved a purchase offer for the property, and WHEREAS on September 1, 2015 the Port Authority approved the Purchase Agreement between the City of Rosemount Port Authority and Js Quad, LLC; and WHEREAS, on February 16, 2016, it was determined that the sale of the property furthers the plans and goals of the Port Authority of redevelopment in the Downtown. RESOLUTION 2016 - ____ NOW, THEREFORE, BE IT RESOLVED the City of Rosemount Port Authority affirms the motion made on February 16, 2016 with this resolution approving the sale of property described above to JsQuad LLC NOW THEREFORE, having met the requirements of Minn. Stat. 469.065, the Rosemount Port Authority hereby approves the conveyance of easements contemplated by the Purchase Agreement, and the conveyance to JsQuad LLC of the real estate as legally described above. ADOPTED by the Rosemount Port Authority this 16th day of February, 2016. _________________________________ Chair ATTEST: ___________________________________ Deputy Director 2 PUBLIC NOTICE ROSEMOUNT PORT AUTHORITY NOTICE OF PUBLIC HEARING REGARDING THE SALE AND CONVEYANCE OF PORT AUTHORITY PROPERTY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the Rosemount Port Authority of the City of Rosemount will conduct a public hearing on Tuesday, February 16, 2016 in the Council Chambers of the Rosemount City Hall, 2875 145th Street West, beginning at 6:00 p.m. or as soon thereafter as possible. The purpose of this hearing is to receive public comment on the intent of the Port Authority to sell public land to the JsQUAD, LLC for purposes of constructing a drive through restaurant. The Port Authority will determine if sale of the land to JsQUAD, LLC furthers the goals of the Port Authority and is in the best interest of the community. At the meeting, the Port Authority will decide whether the sale is advisable. The property to be sold is generally located west of Hwy 3, south of Lower 147th Street, and east of Cambrian Avenue, and legally described as follows: LOTS 1 AND 2, BLOCK 1; EVENSON FIRST ADDITION, DAKOTA COUNTY, MINNESOTA. AND PT OF S 290 FT OF N 580 FT OF E 150 FT OF ALL THAT PT OF LOT 14 AUDITORS SUB NO 27 LYING S OF MAPLE ST & E'LY OF LINE DRAWN PAR WITH & 75 FT W OF LINE BEG ON S LINE OF SECTION 29 TWN 115 RANGE 19 367 FT W OF S 1/4 COR THENCE NE'LY AT ANGLE OF 65D28M WITH S LINE 757.3 FT DEF LEFT ON 06D30M CUR 354.6 FT THENCE TANG TO SAID CURVE FOR 800 FT & THERE TERM, AUDITORS SUBDIVISION NO 27, DAKOTA COUNTY, MINNESOTA. AND PT OF LOT 14 LYING S OF E'LY EXT OF N LINE LOT 1 BLK 1 EVENSON 1ST ADD LYING N OF E'LY EXT OF S LINE LOT 2 BLK 1 EVENSON 1ST ADD & LYING W OF LINE PAR WITH & 50 FT W OF LINE COM S 1/4 COR SEC 29-115-19 W ON S LINE 363.02 FT TO BEG OF LN N ON AZ 23D39M13S 756.07 FT DEF LEFT ON TANG CURV RAD 881.48 FT C/A 23D02M32S 354.74 FT THENCE ON TANG TO CURV 700 FT & THERE TERM EX PT IN 34-03800-220-14, AUDITORS SUBDIVISION NO 27, DAKOTA COUNTY, MINNESOTA. All persons interested may appear and be heard at the time and place set forth above. The terms and conditions of the sale are available at the City Hall during normal business hours or by calling the Planning Department at 651-322-2051. Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public hearing. Formal written comments will also be accepted prior to the meeting dates. Please forward all written comments and/or inquiries to the Planning Department of the City of Rosemount or call 651- 322-2051. Dated this 4th day of February, 2016. Clarissa Hadler, City Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (612)322-2003 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc.