HomeMy WebLinkAbout5. Sale of Old Post Office Land Remnant . CITY OF ROSEMOUNT
` EXECUTIVE SUbIlKARY FOR ACTION
PORT AUTHORITY MEETING DATE: JUNE 21, 1994
AGENDA ITEM: PUBLIC HEARING ON SALE OF OLD AGENDA SECTION:
POST OFFICE LAND REMIVANT PUBLIC HEARING
PREPARED BY: JOHN MILLER, AGENDA NO.
ECONOMIC DEVELOPMENT COORDINATOR 5 .
ATTACFIIKENTS: PURCHASE AGREEMENT WITH EHLEN APPROVED BY:
PARTNERSHIP, COPY M.S . 469 . 065
Minnesota statutes require a public hearing for the disposal of publicly
owned land by a port authority. In particular Chapter 469 . 065 addresses
this issue.
Attached for your review is the p w� agreement drafted by legal counsel
Miles implementing the terms and conditions the port authority earlier
accepted as a result of its request for proposal and as shown in its
officially approved minutes.
The use of the surplus property is for additional parking for the Rosemount
Post Office. A site plan submitted to the city' s planning commission is
required as is planning commission approval . The purchase agreement and
the statutes both require completion of the project within one year.
Minnesota law also requires the port authority to approve plans and
specifications of the project in writing. Because of this, the item will
again be on the port authority agenda, probably after planning commission
approval of the site plan.
RECOI+�IENDED ACTION: l. Open the public hearing on the sale and use
of the old post office land remnant . 2 . Receive any informat ' t
may be volunteered. 3 . If appropriate_�___close�he hearin . 4 . Motio
o approve the purchase agreement with Ehlen Partnership.
PORT AUTHORITY ACTION:
FLUEGEL M�YNIHAN TEL No . 16124389777 Jun 15 ,04 12 �59 No . 003 P .01
DEVELQPMLN'�' AGREEMENT
T�ii� Ac�r��m�nt is betwPen �:he City of Rvsemount �or.t Autharity
( "RPA" ) an agenc� o� �.?l� City of Ftosemount, M�.�,n[�sota, 287� - 145th
Street West, Rosemour�t, MN 55068, and �hl.rn Ltd. Fartnership
( "�LP" ) , 1504 Cedar Stree�G, Box 37 , Alexandria, MN 5630$ .
RECITALS
• The RP�, ho�,ds title 1:0 �ertain pr.operty in th� City of
Ras�maunt, legally d�scribed as Lot 36 of Audi.tar' s 5ubd .
No . 1 � t}jc� "Prc�perty" ) .
• 'I'h� RPA �Ulicited prnpos�l.s i[>r th� purch�sP pf. i,he
Prapc:rty with respprtses td the requests i:ox: �r_'c�posal� due
an Apr_il 4, 199� .
• A� a result af the so�ica.tation ior proposazs, th,e RPA
:z�ceiv�d ��veral respanses and, at its meeting o� �1c�y 4 ,
199�r se1.QGt_ed t�ic� groposal subm5.t�_t_ed by ELY, a copy of
which is att�ch�d as �xhibit A.
i 7'he 12PA and ELF ;�r� desirous of entPr.� ng int�o a
Develapm�nt Agreement� specifying the terms undP.r_ wtti��h
�T.Y will acquire tit]P i;� t:h� Yroperty.
TERMS OF n..IrVELOPMENT ACR�EMSNT
1 . Sale of Yroperty by ,RPA. `�`he kI�A shall convey the
Propert�y l.c� ELP by quit cla�.m deeci, provid�d that EL�
fulfills aJ.l of the conditic�ns SeL iarth in this
Ac�re�m��al.. T}ic� ��rivey�ncP sh�� l.]. be ttiad�? follUwirig EI�P's
�xecution of this Agreement and �r�ymen�: ai t�}�ic balance of
�
��
Post-It��brand fax transmitlal memo 7671 x ot P89a5 .
7b From
�. Ci r, � L t C• •1 ( �C f' /Y /��
Co. Co. �
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FLUEGEL MOYNIHAN TEL No . 16124389777 Jun 15 ,04 13 �02 No .004 P .02
L•he purchase price, Twenty-�'ive Hundred Do1].ars ( �2,500) ,
to the RPA.
2 . ELP's Cov�nc3nt�. In consideraLion of the RQI�' s sale c��
the property to �LP, ELF shall fu].�ill the �a�.lowing
duL•ies :
A. Pay thc total sum of $5 , 250 for thc: Praperty.
B. Utilize �h� Y�operty to p�cav�,de a �aark�.ng area far
use by the RosemaunL Post pffice. �a facilitat�
suC�t uL�lization, �;Lk� sha11 ��tve �he Property aiiti
sua:round it wi�h suitabie curbing_ ELP shall also
landsCape the property a.n a manner sat�sfactory' to
the RPA�
C. �LY sha].1 complete a �ite plan ai�d p�:o�ride sam� ta
th� RPA for review and camm�nti pxior to proceeding
with impravement of th� Prop�xty.
D. ELY sha�J. also meet a1�. site plan rev�ew and �th�z�
requ.ir..ements af the Rosemt�urlt l�lanning CUINTIlS�aJ.021
and other public bodies .
E. ELP shall request and obtain a�l nece�sary buildiny
p�rmits for impxovement of i.he Pro�erty.
3 . Rictht o� Rev�rsian. F��' agrces that, if i�. �a9.a.s to
pxqperly maintain the Propert�+', coz�sist�nt v�ri.th the u�e
describea in Section 2t3 of this Agr�ement, it �h��l
retuxn awnerghip ot �he PraperLy by quit claini deed to
�he RPA. Addi�ionrally� ELP agrees that if ii: daes not
complete the pxoposed imprc�v�menLs as described in
2
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> . .
^ • . . .
469.064 ECONOMIC DEVELOPMENT 1022 ]023 ,
Subd. 6. Use of proceeds. The proceeds of obligations issued by a port authority ity may decla
under section 469.061 and temporary loans obtained under subdivision 5 may be used court declarii
to make or purchase loans for port,industrial,or economic facilities that the authority Subd. 7.
believes will require financing.To make or purchase the loans,the port authority may gives the pon
enter into loan and related agreements, both before and after issuing the obligations, authority mu
with persons, firms, public or private corporations, federal or state agencies,and gov- require prepz
emmental units under terms and conditions the port authority considers appropriate.
A governmental unit in the state may apply,contract for,and receive the loans.Chapter History:
475 does not apply to the loans.
History: 1987 c 291 s 65 469.066 AD
A port ai
469.065 SALE OF PROPERT'Y, interest, for
Subdivision 1. Power.A port authority may sell and convey property owned by it must be repa
within a port or industrial district if it determines that the sale and conveyance are in the money ac
the best interests of the district and its people,and that the transaction furthers its gen- of the port ai
eral plan of port improvement, or industrial development,or both. This section is not than the ave�
limited by other law on powers of port authorities. bonds that a�
Subd. 2. Nodce; hearing.A port authority shall hold a hearing on the sale. At the advance rep�
hearing a taxpayer may testify for or against the sale. At least ten, but not more than subject to re{
20,days before the hearing the authority shall publish notice of the hearin on the ro- acquired wit
g p of principal�
posed sale in a newspaper.The newspaper must be published and of general circulation if the rentai;
in the port authority's county and port district. The notice must describe the property made to acq
to be sold and state the time and place of the hearing. The notice must also state that by law need
the public may see the terms and conditions of the sale at the authority's office and that exempt land
at the hearing the authority will meet to decide if the sale is advisable.
Subd. 3. Decision;appeal.The port authority shall make its findin s and decision or taxes agai
on whether the sale is advisable and enter its decision on its records wighin 30 days of under the le;
the hearing. A taxpayer may appeal the decision by filing a notice of appeal with the History;
district court in the port or industrial district's county and serving the notice on the sec-
retary of the port authority, within 20 days after the decision is entered. The only 469.067 FI:
ground for appeal is that the action of the authority was arbitrary, capricious, or con- A port a
trary to law. in eminent �
Subd. 4.Terms.The terms and conditions of sale of the property must include the in a resoluti
use that the bidder will be ailowed to make of it. The authority may require the pur- History
chaser to file security to assure that the property will be given that use. In deciding the
sale terms and conditions the port authority may consider the nature of the proposed 469.068 C1
use and the relation of the use to the improvement of the harbor, the riverfront, and CHASING.
the port authority's city and the business and the facilities of the port authority in gen- Subdivi
eral. The sale must be made on the port authority's terms and conditions. The port of equipme�
authority may publish an advertisement for bids on the property at the same time and 469.048 to�
in the same manner as the notice of hearing required in this section.The authority may by contract
award the sale to the bid considered by it to be most favorable considering the price 469.048 to�
and the specified intended use.The port authority also may sell the property at private in the offici
sale at a negotiated price if after its hearing the authority considers that sale to be in constructioi
the public interest and to further the aims and purposes of sections 469.048 to 469.068. state the na
Subd. 5. One-year deadline. Within�one year from the date of purchase, the pur- to be let an�
chaser shall devote the property to its intended use or begin work on the improvements publicly,wt
to the property to devote it to that use.If the purchaser fails to do so,the port authority tion.After�
may cancel the sale and title to the property shall return to it. The port authority may missioners;
extend the time to comply with a condition if the purchaser has good cause.The terms to reject an
of sale may contain other provisions that the port authority considers necessary and whom the c
proper to protect the public interest.A purchaser must not transfer title to the property formance. ]
within one year of purchase without the consent of the port authority. an affirmati
Subd. 6. Covenant running with the land. A sale made under this section must sion,or five
incorporate in the deed as a covenant running with the land the conditions of sections the authori�
469.048 to 469.068 relating to the use of tFie land.If the covenant is violated the author- '� conditions