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HomeMy WebLinkAbout3.a. Minutes of October 19, 1993 Regular Meeting . . a R05EMOUNT PORT AUTHORITY PROCEEDINGS REGULA.R MEETING OCTOBER 19, 1993 Pursuant to due call and notice thereof a regular meeting of the Rosemount Port Authonty was duly held on Tuesday, October I9, 1993, at 5:15 p.m. in the Council Chambers at City �iall, 2875 - 145th Street West. Chair Dunn called the meeting to order with Cammissioners Anderson, Carroll, Edwards, McMenomy, Sinnwell, and Wippermann present. Staff present included Economic Development Coordinator Miller, Public Works Director Wasmund, and port authority attomey Miles. Additions to the agenda included 7.B. Set Special Meeting with Mullers, and 7.C. Closed Executive Session to discuss possible litigation and liability claims regarding Muller theater project. MOTION by Canoll to accept the agenda. as amended. 5ECOND by Wippermann. Ayes: 7. Nays: 0. MOTION by Edwards to approve the consent agenda. SECOND by Sinnwell. Ayes: 7: Nays: 0. Economic Deveiopment Coordinator Miller reviewed the sta.ff report regarding relocation payment to Mr. Arlyn Cope of Repairs, Inc. Miller explained that the agreement between the port authority and Repairs, Inc. states that the port authority will pay Repairs, Inc. $20,000 upon the move from the property.. In addition, the $12,000 being held in rent-escrow will be paid when the business is relocated in Rosemount and the new locadon meets all building codes and city ordinances. Miller further explained that Repairs, Inc. has vacated the building, however, its tenant, Southern Motors, is requesting that it be allowed to leas� the building. Miller advised the board that if they agreed to lea.se the building to Sauthern Motors, they rnay be liable for possible relocation costs to them. MOTION by Edwards to reject the request to rent space in the Repairs, Inc. building as submitted by Southern Motors based on possible liability for relocation costs. SECOND by Wippermann. Ayes: Carroll, Anderson, Wipperma.nn, Dunn, McMenomy, Edwards, Sinnwell. Nays: 0. MOTION by Edwards to authorize payment of$20,000 to Repairs, Inc. upon vacation of the property at 14390 South Robert Trail by its tenant Southern Motors. SECOND by Sinnwell. Ayes: Anderson, Wippermann, Dunn, McMenomy, Edwards, Sinnwell, Carroll. Nays: Q. Economic Development Coordinator updated the board regarding CMC �ieartland's request far port authority assistance in developing their property. Assistance is being requested in two azeas; 1) aid in acquisition af rail property (trackage and quonset building), and 2) acquiring stormwater drainage on the business park property. Also at issue are two items port authority attorney Miles raised, those being environmental clean-up costs and responsibility for those costs, and warranting the title. CMC advised that they would indemnify the port authority of any liability regarding environmental contamination and that they would begin an environmental assessment of the property. Considerable discussion between the board and CMC's att�rneys followed regarding CMC's request for a commitment from the port authority in the form of an agreement. CMC contended that they needed this cammitment to aid in their negotiations with `-. the Soo Line railroad to acquire the land needed to relocate the spur line. Port authority commissioners concurred that CMC should work with staff to deterrnine specifics of an agreement, deiinea.ting point by point what they require from the port authority and bring back to a future meeting for the board's consideration. R�SEMDUNT PORT AUTZi4RITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1993 Economic Development Coordinator Miller commented briefly on the specifics of the condemnation award made to AI Monk. In his memorandum to the boazd, Miller advised that the port authority had three options including paying the award, appealing the award, or wait to see if Mr. Monk appeals the award. Miller advised, however, that paying the awazd would be the prudent action because court costs of an appeal would more than affset any potential gain. MOTION by 5innwell tQ approve payment to A1 Monk af$56,536.71 as final and complete installment for land located at 13955 and 13965 South Robert Trail. SECOND by Carroll. Ayes: Wippermann, Dunn, McMenomy, Edwards, Sinnwell, Canoll, Anderson. Nays: 0. Dave Simons of SEFi, Inc. reviewed the buSiness pazk drawings being presented to the board for their approval. The drawings included the preliminary plat, grading and landscaping plan, and phasing plan. Miller advised that the board should review and approve this work prior to its submittal to the planning commission and ciry council. Discussian followed as Sunons answered commissioners' questians. The commissioners were agreeable to allow Chair Dunn to meet with Simons to amend the preliminary plat, addressing Chair Dunn's concems. MOTION by Edwards to approve, as amended, the preliminary plat, grading plan, and phasing plan for subdivision of the Abbott property, subject to modifications, and to direet submittal of the plan to the city of Rosemount for review. SECOND by Wippermann. Ayes: Dunn, McMenomy, Edwards, Sinnwell, Carroll, Anderson, Wippermann. Nays: 0. MOTION by McMenomy to approve, as amended, the draft bid specificaxions and proposed timetable for the demolition and gradi.ng of the "Repairs, Inc. pmperty'" at 14390 South Robert Trail. SECOND by Carroll. Commissioners concurred that a completion date and a penalty clause for not completing the project by the compietion date should be included in the specificadons. Commissioner Sinnwell also commented that the penalty shauld be assessed by calendar days, not work days. Commissioners McMenomy and Carroll agreed to the suggested amendments to their rnodon. Ayes: McMenomy, Edwards, Sinnwell, Carroll, Anderson, Wippermann, Dunn. Nays: 0. Port authority attomey Miles advised that Dan Tyson, Muller Family Thea.ter attorney, had sent a fax requesting a special meeting ta meet with city technical staff, planning, Miles, and Miller. Miller recommended that the board not set a special meeting fearing it would become a public negotiation over a purchase agreement. ommissioners agreed with Miller that the project was on track and proceeding , through the proper hannels as quickly as possible. __ ��-�Yw-�., �� _.__.._.____.___. ----.__.___-- ; MOTIQN by Sinnwell to adjourn to an executive closed session to discuss potential claims and liability from the Muller Theater project. SECOND by Wippermann. Ayes: 7. Nays: 0. The meeting adjourned at 7:04 p.m. Chair Dunn reconvened the meeting at 7:28 g.m. . , . R4SEMOUNT PORT AUTHORITY PROCEEDINGS REGULAR MEETING OCTOBER 19, 1993 Economic Development Coordinator Miller introduced Frederick Schwartz of Cottages, Inc., the developer interested in building senior housing in Rosemount. Mr. Schwartz advised that they had loaked at variflus sites throughout Rosemount, with the help of Economic Deveiopment Coordinator Miller. Mr. Schwartz infarmed the port authority that Cottages, Inc. is very interested in pursuing a project in the city of Rosemount and invited the commissioners on a field trip to visit their North St. Paul project. MOTION by Sinnwell to adjoum. SECOND by Fdwards. Ayes: 7. Nays: 0. Meeting adjourned at 7:32 p.m. Respectfully submitted, Debor�h Widstram Recording Secretary