HomeMy WebLinkAbout2004-006 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 04-06
AUTHORIZING EXECUTION OF INSPECTION AGREEMENT, TIF DISTRICT
NO. 1-11
WHEREAS, certain property described as 7504 Lake Drive, Lino Lakes, Minnesota, (the
"Property') including the property used for operation of the business known as Arctic
Sandblasting, and the single family residence was determined by the City of Lino Lakes
(the "City") to be necessary for the establishment of Redevelopment Tax Increment
Financing District No. 1 -11;
WHEREAS, in order to determine if the Property qualifies as a redevelopment district
under Minnesota Statutes Section 469.174,'Subd. 10, (the "Statute ") the City engaged
SEH Engineering (the "Consultant ") to examine the Property and all the buildings located
thereon;
WHEREAS, The Owners of the Property agreed to permit the Consultant to enter the
Property for the sole purpose of inspecting the buildings located on the Property, both
interior and exterior, to determine whether those buildings meet the requirements of a
substandard building within the meaning of the Statute.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
The City authorizes the execution of the Inspection Agreement with the Property Owners
and directs staff and Consultant to take any and all other actions which may be necessary
to accomplish the intent of the agreement.
Adopted by the Council of the City of Lino Lakes this 12"' day of January, 2004.
ergeson, yor;
Ann Blair, City Clerk
AGENDA ITEM 1C
STAFF ORIGINATOR: Mary Alice Divine
DATE: 1/12/04
TOPIC: Consideration of Resolution No 04 -06 Authorizing
Execution of Inspection Agreement, TIF District No
1 -11
VOTE REQUIRED: Simple majority
BACKGROUND:
In 2003 a consultant for the city conducted an inspection of the Tagg property at
7504 Lake Drive as a statutory requirement for establishing redevelopment TIF
District No 1 -11. At the request of the Taggs, only an exterior inspection was
performed. In November 2003 city staff was advised by its TIF Consultant,
Kennedy & Graven, that an interior inspection was highly advisable to ensure
statutory compliance. Typically the city uses data that was gathered from these
types of inspections exclusively for the purpose of evaluating its qualification as a
redevelopment district.
SEH completed the interior inspection and updated the analysis. This Inspection
Agreement, requested by the Taggs, states that the city will use information from
the inspection only for the purposes of establishing the district. It includes a hold
harmless clause so that the city cannot be held responsible for not requiring the
owners to cure any conditions on the property that do not meet code.
OPTIONS:
1. Adopt Resolution No 04 -06 Authorizing Execution of the Inspection
Agreement.
2. Do not adopt the resolution
3. Return to staff for further consideration.
RECOMMENDATION:
Option 1
THIS AGREEMENT is made as of November 19, 2003, between the CITY OF
LINO LAKES, MINNESOTA, a municipal corporation under the laws of Minnesota (the
"City"), and JOEL AND ELISE TAGGS (the "Owners ").
RECITALS
A. The Owners own certain property described in Exhibit A (the "Property"),
which the City proposes to include within Tax Increment Financing (TIF) District No 11.
B. In order to determine if the Property qualifies as a redevelopment district
under Minnesota Statutes Section 469.174, Subd. 10, the City engaged SEH Engineering
(the "Consultant") to examine the Property and all the buildings located thereon.
C. The Owners have agreed to permit the 'Consultant to enter the Property,
with the express condition that such consent is subject to all the terms and conditions of
this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of
the parties hereto, each of them does hereby covenant and agree with the other as follows:
1. The Owners permit the Consultant to enter the property on or about
November 19, 2003, for the sole purpose of inspecting the buildings located on the
Property, both interior and exterior, to determine whether those buildings meet the
requirements of a substandard building within the meaning of ; Minnesota Statutes,
Section 469.174, subd. 10.
2. The City agrees and understands that all data gathered, analysis
performed, and conclusions drawn by the Consultant or City regarding the Property,
whether reduced to written form or not, in the course of or in regard to inspection of the
Property shall be used exclusively for the City's purpose of evaluating whether the
Property qualifies as a redevelopment district, and for no other purpose. The City
specifically agrees that it will not use data obtained by the Consultant (a) in connection
with any action to enforce City ordinances or State law governing the buildings,
including without limitation the building code, or (b) as evidence to obtain a warrant for
any subsequent inspection of the Property by the City for any purpose. Nothing in this
Section is intended to limit the City's rights to enforce City ordinances based on
information not obtained by the Consultant.
3. The Owners agree that the City shall have no responsibility to cure any
conditions on the Property reported by the Consultant. The Owners specifically hold the
City harmless against any claim arising from or related to any dangerous condition or
other type of condition causing public safety concerns, that was or could have been
observed by the Consultant in the course of inspecting the Property.
THE CITY OF LINO LAKES
Its Acting City Administrator
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EXIDBIT A
Description of Property
7504 Lake Drive, Lino Lakes, Minnesota, incbiding the property used for
operation of the business known as Arctic Sandblasting, and the single family residence__