HomeMy WebLinkAbout5.b. Project Update on Armory/Community Center Land Acquisition and Building Demolition CITY OF ROSEbtOUNT
EXECUTIVE SUb�tARY FOR ACTION
PORT AUTHORITY COMMISSION MEETING DATE: JUNE l, 1993
AGENDA ITLbI: COMMUNITY CENTER ACQUISITION/ AGENDA SECTION:
DEMOLITION UPDATE OLD BUS;INESS
PREPARED BY: JOHN MILLER, AGEND��
ECONOMIC DEVELOPMENT COORDINATOR � #
ATTAC�Il+�ENTS: CORRESPONDENCE FROM LINDQUIST APP VED Y:
AND VENNUM
The hearing to determine the award to Mr. Monk for the condemnation of his
property is scheduled for June 8 and 9 . Please see the attached letter
from David Allgeyer.
There is continuing discussion between A & G Autobody and the attorneys
regarding its relocation claim. Please see Ann Grossman' s letter of May
21, it gives you an idea of claims and counter claims.
Finally, the demolition of the buildings has been slowed with the discovery
of hazardous waste containers on the property. The containers include
yellow warnings with A & G Autobody labels . Valek Construction will be
bringing in a hazardous waste firm to remove this material and the Port
Authority will be invoiced for the extra cost. I have advised Lindquist
and Vennum of this and the costs incurred from the waste removal will be
deducted from the condemnation award. Getting the hazardous waste persons
to the site has been beyond our control as far as time is concerned. In
this regard I have allowed Valek more time in demolition - they' re doing
more recycling and salvaging. Of course, excavation of the site cannot
begin until the waste is removed.
� RECOb�iENDED ACTION: Information item only.
PORT AUTHORITY ACTION:
42001DS CerrrEa IN D�vER
� � � . 80 SOUiH E�GHTH STREET . UND(�UIST,VENNUM$�CHRIStENSEN �
M�rmEnaous,Mitaae�Tn 55402-2205 6001TM Sr�Er.Surt�2725
LINDQUIST &VENNUM TE`�"°"E:s'2�"�„ °�"'ER.�°`°R"°°�.�°°'
Fnx:612371-3207 TELEPHONE:303-573-5900
ArroaNevs A'r Law
OAYID/l ALLGEYER
612/371�216
May 17, 1993
ATTORNEY-CLIENT
WORK PRODUCT PRIVILEGE
Mr. John Miller
City of Rosemount Port Authority
Economic Development Coordinator
2875 145 Street West
Post Office Box 510
Rosemount, MN 55068
Re: Armory Condemnation
Dear John:
The hearing on the amount to be awarded Monk for the condemnation is set at Todd
Rapp's office in Eagan on June 8 and 9 at 9 a.m.. You are not required to attend,
although you are welcome to attend if you would like. The hearing will take place in
the morning only. Mr. Bultema and I will be presenting the appraisal on behalf of the
Rosemount Port Authority. Enclosed is a eopy of Mr. Rapp's notice #o the other
commissioners of the date of the hearing.
Sincerely,
� S
vid A.
D�A:pae
Enclosure
cc: Ann K. Grossman, (w/enc.)
� 4200 IDS AENTER . IN DENVER � .� . � .
. . � � . � � �SO SOUTH EIGHTH STHEEf �� . IJNDOUI5T.VENNUM�Hi CHRIS?ENSEN�. .
. . � � . - MINNEAPOUS.MINNESOTA 55402-2'L�rJ 6�17TH$TREEf...SU1TE Z1'2$ � . . .
LINDQUIST &VENNUM T��"E:6,2-�,�„ o�R:�`�����
Fnx:612-371-3207 TE�troNe 303-573-5900
Arrawers AT Lnw
AWi K GR0631iAAN
61?13713247
May 21; 1993 , '`
Marc D. Simpson, Esq.
Leonard, Street & Deinard
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
RE: A&G AUTOBODY, tNC. RELOCATION CLAIM
Dear Marc:
This letter addresses the procedure for resolving the dispute concerning payment of the
Halberts' self-move expenses. As I understand the Halberts' position, they obtained two
bids related to the costs of moving their business. The Halberts' believe their self-move
payment should be based on the lower of the two bids, which estimated moving costs
at$26,220. (This figure includes the costs of packing and moving to storage and moving
out of storage to an unidentified location within 50 miles.)
The Port Authority, on the other hand, believes that payment to the Halberts for a self
move must be based on the bid it obtained from Piepho Moving and Storage, Inc. As
you may know, Piepho toured A&G prior to putting together its bid, which set the costs
connected with packing and loadingto storage and delivery out of storage at$13,002.40:
Th� Port A�thoi�ity's position is based on 49 C.F.R. §2�.303(cj, incorporated by reference
in Minn. Stat. § 117.57.
You have communicatedthe Halberts' desire to submit the dispute concerning their self-
move payment to binding arbitration. It is the Port Authority's position that, in accordance
with 49 C.F.R. § 24.10, the first step towards resolution of this dispute must be an :
administrative appeal. Following the determination on appeal, the Halberts have the right
to seek judicial review. At this point, the Port Authority believes discussions concerning
alternative methods of review of any administrative appeal determination would be
premature.
Sincerely,
��,u,k�?���C.,a.t.,c.��
Ann K. Grossman
AKG`pae _
cc: John'Miller
Jacquelyn Wentworth`
David A. Allgeyer
. �
4200 IDS GenrtEa IN DeN++EA
� � .80 SOUTH EKiHfN STfiEEf LINDQUIST.VENIJUM 8�GHRI5TENSB7 �
M�ruaEnPous,M�NNesorA 55402-22Q5 6001'7ni SrREei.Stme 2125
LINDQUIST &VENNUM T��E:g,2-�".�" �"�'`"`.°A""°°�-�°,
Fnx:612�3713207 TE�PFif�NE:303�673-59DD
ATraRN�rs AT Lnw
Oi11VID A ALLGEYER
612l3713216
May 18, 1993
Mr. John Milier
City of Rosemount Port Authority
Economic Develcpment Coordinatar
2875 145 Street West
Post Office Box 510
Rosemount, MN 55068
Re: Armory Condemnation
Dear John:
Enclosed please find a copy of an invoice from Conworth, Inc. Please f ard a
check to Lindquist & Vennum and I then forward a check to C� , Inc.
��� � �° �
Sincerely, �•1(�� _ _S�
,,. ( ���� /�'%�r� ,---- � wu
� `� � �,Q(
�.�✓�
David A. Allgeyer ��� '"-
DAA:pae ,
Enclosure
cc: Jacquelyne Wentworth