HomeMy WebLinkAbout4. Minutes of February 8, 1993 Regular MeetingROSEMOUNT PORT AUTHORITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 8, 1993
MOTION by Edwards to close nominations. SECOND by McMenomy. Ayes: 5.
Nays: 0.
MOTION by Edwards to elect Jeff May as Assistant Treasurer. SECOND by
McMenomy. Ayes: 5. Nays: 0.
MOTION by Wippermann to elect Susan Walsh as Executive Secretary.
SECOND by Edwards. Ayes: 5. Nays: 0.
MOTION by Edwards to approve the November 24, 1992 closed executive
session minutes, January 5, 1993 regular meeting minutes, January 19,
1993 work session minutes, and the January 19, 1993 closed executive
session minutes as printed. SECOND by Sinnwell. Ayes: 5. Nays: 0.
Commissioner Sinnwell requested that he be provided with the hydraulics
work from the Business Park Concept Plan done by SEH, Inc.
MOTION by Sinnwell to approve the payment of invoices as submitted.
SECOND by Edwards. Ayes: 5. Nays: 0.
Commissioners expressed their concerns regarding the expense of the
goal -setting retreat and the need for a facilitator. Commissioner
Edwards stated that if the argument was not regarding the facilitator's
qualifications, then in his opinion, the costs were not unrealistic.
Economic Development Coordinator Miller concurred that costs for hotels
were comparable and that the cost for the facilitator was also in line
with other facilitators.
MOTION by Edwards to approve the proposal submitted by Don Salverda and
Associates for the February 20 Port Authority goal -setting session at
the Courtyard Marriott using the above mentioned facilitator. SECOND by
Wippermann. Ayes: Wippermann, Dunn, Edwards. Nays: McMenomy,
Sinnwell.
MOTION by McMenomy to adjourn to a closed executive session to discuss
pending litigation. SECOND by Sinnwell. Ayes: 5. Nays: 0. Meeting
adjourned to the closed session at 5:55 p.m.
The regular meeting reconvened at 7:10 p.m.
MOTION by Edwards to rescind Resolution 1992-3 which authorized eminent
domain proceedings for land known locally as the Strese Oil site by
approving Resolution 1993-3, A RESOLUTION RESCINDING RESOLUTION 1992-3,
WHICH AUTHORIZED THE USE OF EMINENT DOMAIN. SECOND by McMenomy. Ayes:
Dunn, McMenomy, Edwards, Sinnwell, Wippermann. Nays: 0.
Chairperson Dunn stated that he was open to suggestions regarding the
meeting date of Port Authority meetings. Discussion was held regarding
changing the day of the meetings to Monday night so that the meetings
would not have to conclude early because of City Council meetings or
held at the fire station, which was also not preferred because City
Council members on the Board would have to leave for City Council
meetings. It was explained that changing the meeting day to Monday
night would also conflict with other City commissions and committees.
It was then suggested that this item be deferred to the goal -setting
retreat and Commissioners were asked to research options for dates.
ROSEMOUNT PORT AUTHORITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 8, 1993
Pursuant to due call and notice thereof the regular meeting of the
Rosemount Port Authority was duly held on February 8, 1993 at 5:30 p.m.
in the Council Chambers at City Hall, 2875 - 145th Street West.
Chairperson Dunn called the meeting to order with Commissioners
Wippermann, Dunn, McMenomy, Edwards, and Sinnwell present. Commissioner
Anderson was absent. Economic Development Coordinator Miller and City
Attorney Mike Miles were also present.
Newly appointed member, Kevin Carroll, was unable to attend the meeting
so will be sworn in at the next Port Authority meeting.
Chairperson Dunn added Appeals Officer Resignation to the agenda under
Executive Directors Report.
The annual election of officers ensued.
MOTION by Wippermann to nominate Ed Dunn as Chairperson. SECOND by
McMenomy.
MOTION by Wippermann to close nominations. SECOND by Edwards.
MOTION by Edwards for unanimous ballot to elect Ed Dunn as Chairperson.
SECOND by Sinnwell. Ayes: 5. Nays: 0.
MOTION by Wippermann to nominate John Edwards as Vice -Chairperson.
SECOND by McMenomy.
MOTION by Wippermann to close nominations and elect John Edwards as
Vice -Chairperson. SECOND by McMenomy. Ayes: 5. Nays: 0.
MOTION by Edwards to nominate Joan Anderson as Treasurer. SECOND by
Wippermann.
MOTION by McMenomy to close nominations. SECOND by Wippermann.
Chairperson Dunn called for those in favor of the nomination. Ayes: 5.
Nays 0.
City Attorney Miles advised that the preceding motion was to close
nominations for Treasurer and that another motion was needed to elect
Commissioner Anderson as Treasurer. Miles also stated that under state
statue, motions were needed to elect the Assistant Treasurer and
Executive Secretary.
Commissioner Edwards stated that a motion to elect him as Vice -
Chairperson was also not made.
MOTION by Sinnwell to elect by unanimous ballot John Edwards as Vice -
Chairperson and Joan Anderson as Treasurer. SECOND by Wippermann.
Ayes. 5. Nays: 0.
MOTION by Edwards to elect Jeff May as Assistant Treasurer. SECOND by
McMenomy.
ROSEMOUNT PORT AUTHORITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 8, 1993
Economic Development Coordinator Miller informed the Board that Arlyn
Cope, owner of Repairs, Inc. had exercised his option to repurchase land
at 14390 and 14410 South Robert Trail. He further explained that the
closing of the sale will be 60 days from February 2, 1993 and at that
time the Port Authority will receive approximately $118,000 in cash from
Repairs, Inc.
MOTION by McMenomy to direct the Chairperson and Executive Director to
sign the Real Estate Repurchase Agreement dated February 2, 1993 as
submitted by Repairs, Inc. SECOND by Edwards. Ayes: McMenomy,
Edwards, Sinnwell, Wippermann, Dunn. Nays: 0.
Economic Development Coordinator Miller explained that since Arlyn Cope
had submitted a repurchase agreement for the Repairs, Inc. site, it was
now premature for the Port Authority to award the Repairs, Inc.
Redevelopment Project to either of the interested developers. He
further stated that if the closing is not completed, the redevelopment
proposals can be considered again.
MOTION by McMenomy to table consideration of the proposals for the
redevelopment of the Repairs, Inc. site. SECOND by Wippermann. Ayes:
Edwards, Sinnwell, Wippermann, Dunn, McMenomy. Nays: 0
Economic Development Coordinator Miller advised the Board that Conworth,
Inc. had sent a 90-day notice for vacation of the Strese property at
14810 South Robert Trail to David Strese in error. Conworth based this
action on the continuing quick-take condemnation resolution approved by
the Port Authority. As the condemnation proceedings were not
proceeding, Conworth mailed a rescission of the 90-day vacate notice to
the Streses' with apologies.
Economic Development coordinator Miller briefly reviewed the proposed
Carlson Center project and then introduced the Carl.sons and Tom Heiberg,
the Carlsons' financial advisor, for additional input and comments. Mr.
Heiberg stated that it was necessary to gain Port Authority support for
their project to give them leverage when negotiating with a grocery
wholesaler to secure a store operator. He explained that because of the
concentration of retail five miles away and the sparsely populated area
to the east, it is difficult to find a grocery anchor willing to locate
in the Rosemount area. However, they have met with major retailers and
there is interest and a willingness to continue discussions if there is
support from the city. In response to questions from the Board, Mr.
Heiberg stated that rent subsidies may be needed for some of the
retailers and that half of the remainder of the space in the center has
a waiting list. Also discussed was the entrance and exit off of and on
to County Road 42 and whether county approval had been gained. Mr.
Heiberg stated that the entrance into the center had tentative approval
from the county and the exit had not been discussed with them. Mr.
Heiberg stated that the exit onto County Road 42 was a necessary
condition for the center to be viable. Discussion ensued regarding
concerns that reaffirmation of support for the project should not
specifically bind the city to any course of action.
ROSEMOUNT PORT AUTHORITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 8, 1993
MOTION by Edwards to declare publicly the Port Authority's support for
the development of the Carlson Center and to direct Port Authority staff
to work with the Carlsons in its development without specifically
binding the Port Authority and city to any particular project support at
this time. SECOND by McMenomy. Ayes: Sinnwell, Wippermann, Dunn,
McMenomy, Edwards. Nays: 0.
Economic Development Coordinator Miller introduced Mr. Richard Berens,
who asked to visit with the Port Authority to discuss a redevelopment
proposal for the McDonough property located east of the Armory. Also in
attendance with Mr. Berens was Mr. Steve Roxberg. Mr. Berens informed
the Board that they were seeking comments and suggestions on their
proposed auto mall project. Mr. Berens reviewed the preliminary plat
showing a three lot subdivision and also reviewed construction details
of the building. He described their desire to construct a controlled
intersection with the Armory entrance, which would also serve as an
access to a park area. This entrance road would be donated to the city
for the park entrance if the city decided to buy the park land. Mr.
Berens also explained that the property would need to be rezoned from
C-2 to C-3 and that a fence around the rear parking and outside storage
areas would provide a screen to the surrounding areas. Mr. Berens also
explained that if all the necessary approvals from the planning
commission and city council were acquired, they had a target date of
June 1st for completion of the project. Some commissioners expressed
concerns regarding the location and felt that the auto mall should be
located further south, while others felt that the proposal was the
highest and best use for the property and was a good opportunity for the
city to assist other businesses in relocation opportunities.
MOTION by Sinnwell for the Port Authority to go on record and support
this plan in its entirety and help assist in gaining the necessary
approval through the other commissions and committees.
Motion failed for lack of a second.
Economic Development Coordinator Miller explained to the Board that
negotiations with the brokers of the Abbott property have been
continuing and at a recent meeting a purchase agreement with certain
terms were discussed. Discussion ensued regarding the risk associated
with the project and whether the Board was sufficiently informed to
continue with a purchase agreement.
MOTION by Dunn to table this item pending further discussion at the
upcoming goal -setting retreat on February 20, 1993 and then bring it
back to an upcoming Port Authority meeting. SECOND by McMenomy. Ayes:
Wippermann, Dunn, McMenomy. Nays: Sinnwell.
MOTION by Edwards to lay over items 12. C) Consideration of Feasibility
Report for Phase l of Business Park, and 12. D) Consideration of Quotes
for Business Park Property Approval to the next Port Authority meeting.
SECOND by McMenomy. Ayes: Dunn, McMenomy, Edwards, Wippermann.
Nays: 0. Present: Sinnwell.
ROSEMOUNT PORT AUTHORITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 8, 1993
Economic Development Coordinator Miller explained to the Board that they
could establish criteria for relocation payments in excess of the
$20,000 maximum permitted by law. He further explained that they would
be implementing public policy in response to several businesses that may
ask for larger payments in their relocation claims. Commissioners
concurred to take no action because criteria is already established and
agreed to stick with the guidelines already in place.
MOTION by Sinnwell to approve a partial advance payment of $3,450 to
John Anderson dba Dakota Small Engine Repair as recommended by Conworth,
Inc. SECOND by Wippermann. Ayes: McMenomy, Edwards, Sinnwell,
Wippermann, Dunn. Nays: 0.
Concerns were raised regarding the lack of documentation to support a
relocation payment of $59,000 to Richard Battaglia dba Rick's Auto
Repair. It was explained that the $59,000 included business and
residential relocation expenses and an immovable fixture payment.
Miller advised that if Commissioners were uncomfortable with approving
the undocumented claim, they could request that Conworth, Inc. provide
them with documentation to justify the claim. Commissioners questioned
the residential relocation expense because of the zoning violation and
Miller explained that there was documented proof that Mr. Battaglia had
indeed resided in the building for at least 180 days prior to the
initiation of negotiations, which is within statutory limits.
Discussion ensued regarding Mr. Battaglia's intent to purchase property
in the Rosemount area for relocation, and the need to secure the
relocation payment in a timely manner in order to complete the purchase
agreement. Commissioners discussed the idea of requiring the payment to
be contingent upon Mr. Battaglia successfully completing a purchase
agreement for property in the Rosemount area.
MOTION by Sinnwell to approve a relocation payment of $59,000 on the
recommendation of Conworth, Inc. to Richard Battaglia dba Rick's Auto
Repair contingent upon Mr. Battaglia signing a Waiver of Relocation
Benefits. SECOND by Edwards. Ayes: Edwards, Sinnwell, Wippermann,
Nays: Dunn. Present: McMenomy.
MOTION by Edwards to approve Resolution 1993-4, A COMMITMENT TO THE
DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP. SECOND by Sinnwell.
Ayes: Sinnwell, Wippermann, Dunn, McMenomy, Edwards. Nays: 0.
MOTION by Edwards to dismiss any actions regarding the issue of
unauthorized representation by Port Authority and City Council members.
SECOND by Sinnwell. Ayes: Dunn, Edwards, Sinnwell, Nays: 0.
Present: Wippermann, McMenomy.
Commissioner McMenomy requested that the meeting return to item 11. D)
Consideration of Redevelopment Proposals for Repairs, Inc. Site.
Because of a conflict of interest, he felt that he should not have made
the motion to table action on the redevelopment proposals and asked that
another Board member make the motion. City Attorney Miles felt that
Commissioner McMenomy had not been out of order in making the motion,
but felt the Board should respect his sensitivity to the issue and asked
that they respect his decision in the matter so that he could go on
record as abstaining from the vote. Commissioner Edwards suggested that
Chairperson Dunn assume the responsibility for the action.
ROSEMOUNT PORT AUTHORITY PROCEEDINGS
REGULAR MEETING
FEBRUARY 8, 1993
MOTION by Dunn to table consideration of the proposals for the
redevelopment of the Repairs, Inc. site. SECOND by Sinnwell. Ayes:
Dunn, Edwards, Sinnwell, Wippermann. Nays: 0. Abstain: McMenomy.
Items 14. A) Ice Arena Update and 14. B) Tax Increment Financing Audit
were deferred to the next Port Authority meeting on Tuesday,
February 16, 1993.
Commissioner Sinnwell requested that staff provide a map of the tax
increment district identifying each property owner, and PID numbers
associated with those properties by the next Port Authority meeting.
Economic Development Coordinator Miller informed the Board that Ron
Wasmund had resigned as Appeals Officer for the Port Authority's
relocation claim appeals. Miller recommended that the Port Authority
seek an outside firm to act as an arbitrator in hearing appeals.
MOTION by Wippermann to authorize John Miller to proceed with finding an
arbitrator to settle appeals to relocation claims. SECOND by Sinnwell.
Ayes: Edwards, Sinnwell, Wippermann, Dunn. Nays: McMenomy.
MOTION by Dunn to adjourn. SECOND by Edwards. Ayes: 5. Nays: 0.
Meeting adjourned at 10:00 p.m.
Respectfully submitted,
Deborah Widstrom
Recording Secretary