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HomeMy WebLinkAbout6. Minutes of January 5, 1993 Regular MeetingROSEMOUNT PORT AUTHORITY PROCEEDINGS ITEM '% 6 REGULAR MEETING JANUARY 5, 1993 Pursuant to due call and notice thereof a regular meeting of the Rosemount Port Authority was called to order on January 5, 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 Mawe, Anderson, McMenomy, Edwards, and Sinnwell present. Commissioner Wippermann was absent. Also present were Executive Director Jilk, Economic Development Coordinator Miller, and City Attorney Mike Miles. Additions to the agenda were made as follows: Airport Decision Process, Status of Strese Negotiations, and Retreat for Setting Goals and Objectives. MOTION by Sinnwell to accept the agenda as amended. SECOND by Mawe. Ayes: 6. Nays: 0. MOTION by Dunn to approve the December 1, 1992 regular meeting minutes as presented. SECOND by McMenomy. Ayes 6. Nays: 0. MOTION by Sinnwell to approve the December 15, 1992 work session minutes as presented. SECOND by McMenomy. Ayes: 6. Nays: 0 MOTION by Sinnwell to approve the payment of invoices as submitted by Vanney and Associates. SECOND by Mawe. Ayes: 6. Nays: 0. It was noted for the record that McMenomy and Associates had submitted, to Executive Director Jilk this afternoon, five copies of their proposal for redevelopment of the Repairs, Inc. site. Chairperson Dunn called for proposals from the audience. Dr. Kerry Johnson submitted five copies of his proposal for the Repairs, Inc. site to the Port Authority. Chairperson Dunn informed proposers that they would be allowed to verbally present their proposals at the Port Authority's January 19, 1993 meeting. MOTION by Edwards to close acceptance of proposals for redevelopment of the Repairs, Inc. site at the close of the January 5, 1993 Port Authority meeting. SECOND by Anderson. Ayes: 5. Nays: 0. Abstain: McMenomy. Economic Development Coordinator Miller advised the Port Authority commissioners that there was a need to establish a Relocation Board of Appeals before they took any action.on relocation claims. Rules and regulations, as printed in the Federal Register of March 2, 1989; allow for an appeal of compensation after the original determination. These rules also state that the Agency official conducting the review of the appeal shall be either the head of the Agency or his or her authorized designee. However, it further states that the official shall not have been directly involved in the action appealed. Miller commented that because of this ruling, none of the Port Authority Commissioners, Steve Jilk, or himself could act as the appeals officer. Commissioners agreed that Ron Wasmund, City of Rosemount Public Works Director, should be named the appeals officer but the resolution naming him as the officer should include his name. Staff agreed to amend the resolution to include Ron Wasmund's name. ROSEMOUNT PORT AUTHORITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1993 MOTION by Sinnwell to approve A RESOLUTION DESIGNATING THE CITY'S PUBLIC WORKS DIRECTOR RON WASMUND AS THE APPEALS OFFICER FOR THE ROSEMOUNT PORT AUTHORITY. SECOND by Anderson. Ayes: Mawe, Anderson, Dunn, McMenomy, Edwards, Sinnwell. Nays: 0. I Chairperson Dunn questioned whether discussion of the relocation claim for A & G Autobody should be held in a closed session. Port Authority Attorney Miles advised that reaction to the claim or an appeal, if there is one, should be held in a closed session. Ms. Wentworth of Conworth, Inc. reviewed the A & G Autobody claim presented to the Port Authority and recommended a fixed payment of $20,000 in lieu of actual moving related expenses, but also advised that it is the right of the Port Authority to make a payment in excess of the statutory limit if it chooses. She also advised that the Port Authority should be careful to treat all the businesses fairly and equally and should also be careful of setting a precedence. Jeff Halbert, owner of A & G Autobody, reviewed his reasons for requesting a payment of $50,808-80, which is based on their average annual net earnings for the years 1990 and 1991. Considerable discussion ensued regarding the amount of the relocation payment, the process to follow should an appeal of the payment occur, Chairperson Dunn's request that the Halberts provide a financial statement or other documentation showing what their company's assets are worth, and whether funds are presently available to pay relocation claims. Also discussed was the idea of waiting to see proposals from the other Armory businesses before making a decision on the A & G Autobody claim. MOTION by McMenomy to approve a fixed payment in lieu of actual moving related expenses for A & G Autobody, Inc. in the amount of $20,000. SECOND by Sinnwell. Ayes: Anderson, McMenomy, Edwards, Sinnwell. Nays: Dunn, Mawe. Economic Development Coordinator Miller advised the Authority that owners of the Armory properties on Highway 3 have not entered into active negotiations regarding the sale of their land. Because these properties need to be acquired by May 1, 1993, quick -take condemnation may be necessary to successfully complete the acquisition. Miller explained that this option, if the Port Authority chooses to approve it, will not preclude negotiations with the Armory property owners and that negotiations can still take place even though proceedings are taking place. Executive Director Jilk advised; for the record, i that the Economic Development Authority took a position that these*properties should be acquired for site access and for general aesthetics purposes. It was after that decision was made that the City began planning the use of the properties for stormwater ponding. He further stated that it is important to acquire these properties by May 1, 1993 or the project may be held up. MOTION by McMenomy to approve EMINENT DOMAIN, for the parcels and amending the resolution to properties. SECOND by Mawe. Mawe, Anderson. Nays: 0. RESOLUTION AUTHORIZING THE USE OF of land known as the "Armory Properties" include the legal descriptions of the es: Dunn, McMenomy, Edwards, Sinnwell, ROSEMOUNT PORT AUTHORITY PROCEEDINGS REGULAR MEETING JANUARY 5, 1993 Economic Development Coordinator Miller advised the Authority that the "Scope of Services Agreement" from Springsted to review Tax Increment Finance receipts from the county is not yet complete. Miller advised that an estimate of costs could be ready by the January 19th Port Authority meeting.' At this point Commissioner Edwards requested a return to agenda item 7. B. to discuss his concerns relating to the board's process in reviewing relocations claims. Because of concerns that the Port Authority should be more involved in the airport relocation decision process, Executive Director Jilk suggested that he could provide an update of airport relocation issues at the Port Authority's monthly work sessions. Economic Development Coordinator Miller advised that no further negotiations have taken place between the Port Authority's attorneys and the Strese's attorneys regarding the purchase of the Strese Oil property, even though two attempts had been made. Port Authority commissioners concurred that a goal -setting retreat on February 20, 1993 should be scheduled. Concerns were raised regarding costs of the facilitator and the off-site location. Commissioners agreed that it was important to have a facilitator but requested that the cost of his services and an outline or summary of the day's activities be provided at the January 19th meeting. Concerns regarding the Repairs, Inc. relocation were discussed. Commissioners felt that this issue should be resolved before making any decisions regarding redevelopment proposals for this property. It was felt that Mr. Cope, owner of Repairs, Inc., should be sent a letter advising of the costs to relocate to the Nordvick property and request a decision as to whether Mr. Cope is interested or not. Economic Development Coordinator Miller stated that staff may request direction from the Port Authority to offer a fixed payment in lieu of relocation figures. MOTION by McMenomy to adjourn. SECOND by Edwards. Ayes: 6. Nays: 0. Meeting adjourned at 7:29 p.m. Respectfully submitted, Deborah Widstrom Recording Secretary