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HomeMy WebLinkAbout3.a. Minutes of December 6, 1994 Regular Meeting RO5EMOUNT PORT AUTHORITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount Port Authority was duly held on Tuesday, December 6, 1994, at 5:15 p.m. in the Council Chambers at City Hall, 2875 - 145th Street West, Rosemount. Chair Carroll called the meeting to arder with Commissioners Anderson, Busho, Edwards, McMenomy, Miller, and Wippermann present. Staff present included Executive Director Burt, Community Development Director Wasmund, Senior Planner Mack, and City Attorney LeFevere. Chair Carroll noted that the meeting start time on the agenda stated 5:30 instead of the regular 5:15 p.m. Commissioners and attorney LeFevere found no reason to delay the meeting until 5:30 p.m. and did not object to commencing the meeting. There were no additions or corrections to the agenda. Commissioner Edwards took issue with the video camera in the audience and requested that other commissioners advise if they also felt that taping of the meeting should not be allowed to continue. Commissioners concuned, that with the absence of a written policy, a determination could not be made whether it should be allowed or not. Staff was directed to address the issue at staff level and bring back a recommendation. Chair Carroll commented that his failed motion in the November 15, 1994, meeting minutes was somewhat misquoted. He suggested that the motion should be changed to read "$6,000 allocated for advertising from the engineering item." Commissioners concurred. MOTION by Edwards to approve the consent agenda with the modified minutes. SECOND by Busho. Ayes: 7. Nays: 0. Community Development Director Wasmund advised that closing on the Rosemount Professional Building land had occurred at 3:00 p.m. on Friday, December 2, 1994. Wasmund and attorney LeFevere explained the board's options, including "quiet title action," to resolve the issue of whether there is a "gap° in the legal description of the property acquired from the church. Staff recommended that a title examination be performed to determine the extent of the problem with a cost of approxirnately $500 - $1,000. Attorney LeFevere explained the difference between a clear title and a marketable title and discussion ensued as commissioners tried to determine what action to take to resolve the problem. MOTION by Carroll to direct staff to determine whether the port authority has provided Dr. Walter-Hansen with a marketable title and if it is determined not to be a marketable title, provide the board with cost projections to provide a marketable title to Dr. Walter-Hansen at the earliest practible time. SECOND by Miller. Dr. Walter-Hansen commented that if he cannot get title insurance he will not proceed with the project. He stated that closing may have occurred, but the documents have not been recorded yet and therefore he can still back-out if the problem is not cleared up in a very timely manner. He advised that he needed a commitment from the port authority to provide him with a clear title. ROSEMOUNT PORT AUTHORITY PROCEEDINGS REGULAR MEETING DECIIVIBER 6, 1994 Wasmund explained that the development agreement states that the port authority will take reasonable action to provide clear title to the property. Executive Director Burt suggested that before proceeding with a title examination, another less expensive and less time consuming option might be to see if another title insurance company would write title insurance for the property. . Most agreed that the port authority needed to rectify the problem, but were concerned about escalating costs if the problem turned out to be more involved. Commissioner Edwards offered a substitute motion to the one cunently on the floor. MOTION by Edwards to authorize staff to proceed with the necessary action to provide marketable title to Dr. Hansen. SECOND by Anderson. Discussion ensued as concerns were raised that the board should not give a blank check to resolve the issue. Some commissioners felt that $5,000 would be an acceptable amount to designate as the maximum allowed. Chair Carroll called for a poll of the motion. Ayes: Anderson, Edwards, Miller. Nays: Carroll, Busho. Abstain: McMenomy. Present: Wippermann. Motion passed. Chair Carroll requested that staff first determine whether another title insurance company will provide title insurance before proceeding with the title investigation. Commissioner Edwards added, and some commissioners agreed, that $3,000 would be an acceptable amount to expend if need be. Community Development Director briefly commented on the Carlson Tax Increment Plan and advised that the public hearing is scheduled for December 20, 1994. There were no questions from the commissioners. MOTION by Anderson to establish a special meeting date for December 12, 1994, at 5:15 p.m. to discuss marketing goals for the business park. SECOND by Edwards. Commissioner Edwards offered a friendly amendment to the motion to include 7:30 p.m. as an adjournment time. Commissioner Anderson did not accept the friendly amendment explaining that she did not want to impose time constraints on the meeting. Ayes: 7. Nays: 0. Commissioners discussed setting another special meeting for a goal setting session. Chair Canoll polled the commissioners regarding their preference for weekdays or weekend days and whether a - staff person or a professional facilitator should be used to facilitate the meeting. Commissioners agreed to hold the meeting on Saturday, January 21, 1995, at 9:00 a.m. with a designated staff person as the facilitator. � � 2 ROSEMOUNT PORT AUTHORITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 1994 MOTION by Carroll to establish a special meeting date for January 21, 1994, at 9:00 a.m., to discuss 1995 goals for the port authority with a designated staff person as a facilitator. SECOND by Wippermann. Ayes: 7. Nays: 0. Chair Carroll requested that commis�ioners provide staff inembers with topics for the meeting so that a working copy of an agenda can be prepared. Community Development Director Wasmund advised that Daryl Buecksler was again interested in leasing the business park property for raising crops in 1995. Wasmund commented that the arrangement worked out very well during 1994; the biggest benefit was keeping weeds and erosion to a minimum. MOTION by Eriwards to authorize the chair of the port authority to execute a one year lease agreement with Daryl Buecksler for the farming of Business Park land subject to terms of the lease. SECOND by Busho. Ayes: 7. Nays: 0. Commissioners noted xhat the lease agreement had been drafted by a former legal counsel and questioned whether the agreement was acceptable to the present counsel. Attorney LeFevere advised that the agreement, as written, was acceptable. Commissioners also questioned whether the document acknowledgement stating Fluegel Moynihan and Miles as drafting it should be deleted. After discussion is was agreed to delete the acknowledgement. Chair Canoll mentioned the recent articles in the newspapers regarding tax increment fmancing. Canoll also commented on remarks in Community Development Director Wasmund's memo • regarding Southern Minnesota Aquatic's proposal to purchase two acres of business park land for approximately $.20 per square foot which is $.10 less than what the port authority paid for it. Carroll agreed that the port authority should not sell land for less than what was paid for it. Audience member, Renee Stevenson, questioned whether there was a motel developer interested in the Gavin property. Executive Director Burt advised that staff did meet with an architect who was exploring possible options. Burt further advised that no development agreement has been submitted. Commissioner Edwards took the opportuniry to commend Jim Topitzhofer and the entire Community Center staff for doing an excellent job at running the center. Edwards explained that his PROCOP staff had used the facility to train and graduate 57 new cadets and his staff had nothing but compliments for the "seasoned" staff and their professionalism. MOTION by Edwards to adjourn. SECOND by McMenomy. Ayes: 7. Nays: 0. Meeting adjourned at 7:05 p.m. Respectfully submitted, Deborah Widstrom Recording Secretary 3