10-27-2004 Council Agenda - Laserfiche WebLink

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ce+ 29dra, c&naa 515 Little Canada Roacl, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766-4048 www. el. lit tle- canada. mn. us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 22, 2004 RE: Revised Purchase Agreement with Watershed District MAYOR Michael 1. Fahey COUNCIL Jim LaValle Blatt Anderson Rick Montour 13111 13lesener ADMINISTRATOR Joel R. Hanson Pat Sweeney and I met with Cliff Aichinger and the Watershed's attorney, Tracy Galowitz to work out the details of the potential sale of our Noel Drive property. It quickly became apparent that substantive changes were necessary in terms of wording to properly address the issues we both had. Specifically, any conditions that were to survive the sale needed to be addressed with deed restrictions to be enforceable. Creating deed restrictions to govern unknown future events was extremely difficult. Therefore, we made substantial revisions to the Letter of Understanding wording without, I believe, dramatically impacting their intent. Attached is a redraft of the agreement as prepared by Pat Sweeney. The key changes are as follows: • Clarified that appraisal will be based on commercial land values (B -3 zoning) even though the property must comply with the "P" district requirements from a land use standpoint. The appraiser is also to take into account soils /fill/boundary issues based on the reports supplied by the Watershed. • The property is Torrens. Therefore, we agreed to pay for a Registered Property Abstract instead of a title commitment. • Added a provision that will require a deed restriction. (See Provision 7(a)vi). This provision will ensure that the project will be constructed in accordance with our approvals. • Rather than a deed restriction to govern the condition of a future sale, we stated that any future user must comply with the City's zoning requirements. While this is not intended to preclude a rezoning to an appropriate user, it eliminates the guesswork of trying to address the myriad of possibilities that could occur as to a potential re -use. Therefore, any rezoning would require public hearings and community input. Any public re -use would have to fit the conditions of the CUP needed for the Watershed or be subject to hearings for amendments. 1