HomeMy WebLinkAbout3.b. Approval of October 11, 1994 Special Meeting ROSEMOUNT PORT AUTHORITY PROCEEDINGS
SPECIAL MEETING
OCTOBER 11, 1994
Pursuant to due call and notice thereof a special meeting of the Rosemount Port Authority was held
on Tuesday, October 11, 1994, at 5:30 p.m. in the upper conference room at City Hall,
2875 - 145th Street West.
Chair Carroll called the meeting to order with Commissioners Anderson, McMenomy, Busho, and
Edwards present. Commissioners Miller and Wippermann were absent. Staff present included
Executive Director Burt, Economic Development Coordinator Miller, and port authority attorney
BubuL
There were no additions or corrections to the agenda.
In response to Chair Carroll's questioning, Dr. Walter-Hansen advised that the development
agreement in its present form was agreeable to him in general, however, he suggested that a few
words be added to sections S.E. and 4.
Commissioners reviewed the development agreement and resolution.
Attorney Bubul reviewed the documents and answered commissioners' questions. Economic
Development Coordinator Miller advised that the total cost of the project is appro�mately $550,000
with an estimated property tax payment of $30,300. Discussion ensued regarding the two changes
to the document requested by Dr. �iansen and commissioners concluded that they should approve the
document as presented as long as the resolution approving the agreement allowed for contingencies.
Commissioners agreed that they would like to see construction plans and samples of building
materials before the project commences.
MOTION by Edwards to approve the resolution approving the contract with Dr. Kurt Walter-
Hansen and Dr. Patricia Ann Walter and authorizing sale of property. 5ECOND by Anderson.
Commissioner McMenomy advised that he would not be voting in favor of the project because of
fmancial reasons that he has previously stated.
Ayes: Carroll, Anderson, Busho, Edwards. Nays: McMenomy.
Chair Carroll directed Dr. Walter-Hansen and staff to continue working on the agreement to resolve
the few remaining issues.
Dr. Walter-Hansen stated that things are going very well and that he has enjoyed working with
Economic Development Coordinator Miller and attorney Bubul.
Chair Carroll called for a recess at 6:25 p.m.
The meeting was reconvened at 6:30 p.m.
Economic Development Coordinator Miller advised that the public hearing for the sale of land to
Betty Jo and Steven Schmitt was going to have to be held again due to an error in the printing of the
legal description of the property in the public hearing notice. Miller advised that the public hearing
notice would have to be re-advertised with the new hearing date set for November 1, 1994.
ROSEMOUNT PORT AUTHORITY PROCEEDINGS
SPECIAL MEETING
OCTOBER 11, 1994
MOTION by Edwards to call for a second public hearing on November 1, 1994, for the sale of
land to Betty Jo and Steven Schmitt for their dance studio proposal. SECOND by Busho.
Ayes: 5. Nays: 0.
The Schmitts arrived at the meeting and Chair Carroll reviewed what had transpired before their
arrival.
The Schmitts advised that the revised draft development agreement, that is presently in the
possession of their attorney, is acceptable. They did, however, have concerns with the delay in the
conveyance of land to them because they are in a position where they need to begin excavation
before November in order to complete the project before the end of January. The Schmitts
requested permission to initiate the grading permit process so that they can begin work on the
project. Discussion ensued as attorney Bubul advised that because of the possibility of liability
concerns with regard to liens, excavation of the property before the conveyance of the land would
be a problem. Commissioners questioned whether a document could be drafted that would eliminate
any port authority lia.bility if the Schmitts were allowed to move ahead before the conveyance of the
property.
Commissioner McMenomy left the meeting at 6:35 p.m.
MOTION by Edwards to authorize Holmes and Graven to execute a document that would allow
: Betty 7o and Steven Schmitt to begin work on the Betty Jo's Dance Center project to be in effect
from now until the time the property is conveyed as long as there is no liability on the part of the
port authority. SECOND by Canoll. Ayes: Anderson, Busho, Edwards, Carroll. Nays: 0.
The Schmitts were advised that another meeting would be held on Thursday, October 13, at 10:00,
with the port authority attorney, and were asked to come in before 10:00 to discuss the right-of-
entry issues. The Schmitts advised that they would be in attendance.
MOTION by Edwards to adjourn. SECOND by Carroll. Ayes: 4. Nays: 0.
Meeting adjourned at 6:55 p.m.
Respectfully submitted,
Deborah Widstrom
Recording Secretary