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HomeMy WebLinkAbout11-22-1999 EDA CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY MONDAY,NOVEMBER 22, 1999 AGENDA ROLL CALL: President Coughlin, Vice President Stigney, Commissioner Marty, Commissioner Quick, Commissioner Thomason 1. AGENDA ADDITIONS: 2. APPROVAL OF MINUTES A. Approve Minutes of September 27, 1999 3. SPECIAL ORDER OF BUSINESS: None 4. CONSENT AGENDA None 5. EDA BUSINESS A. Consideration of an Amendment to the Construction and Removal Agreement entered into between the City and the Property Owners of 8300 Fairchild Avenue. 6. REPORTS 7. ADJOURNMENT C:VoanB\AGENDAS\EDA\11-22-99.EDA.doc 1 PROCEEDINGS OF THE MOUNDS VIEW EDA CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 27, 1999 Mounds View City Hall 2401 Highway 10, Mounds View,MN 55112 8:41 P.M. CALL MEETING TO ORDER ROLL CALL: Coughlin, Marty, Quick, Stigney, and Thomason. NOT PRESENT: None. 1. AGENDA ADDITIONS A. Approve agenda of September 27, 1999. President Coughlin asked the Commission if anyone would like to add items to the agenda. MOTION/SECOND: Thomason/Stigney. To approve the agenda of EDA for September 27, 1999, as presented. Ayes—5 Nays—0 Motion carried. 2. APPROVAL OF EDA MINUTES A. Approve minutes of August 9, 1999. MOTION/SECOND: Stigney/Thomason. To approve the minutes of EDA for August 9, 1999, as presented. Ayes—5 Nays—0 Motion carried. 3. SPECIAL ORDER OF BUSINESS None. 4. CONSENT AGENDA A. Authorize Staff to Retain SEH to Analyze Stormwater Handling Options for Mermaid Project. Mounds View EDA September 27, 1999 Regular Meeting Page 2 B. Authorize Modification of Paragraph 7.5 of the Purchase and Redevelopment Agreement with Vista Construction Regarding 6991 Pleasant View Drive. C. Set Date (October 21, 1999) for Joint EDC/EDA Public Informational Meeting Regarding Tax Increment Financing. MOTION/SECOND: Quick/Marty. To approve the Consent Agenda for items A, B, and C, as presented. Ayes—5 Nays—0 Motion carried. Vice President Stigney inquired regarding the time of the EDA/EDC public informational meeting. President Coughlin stated the meeting would be held at 7:00 p.m., on October 21, 1999. 5. EDA BUSINESS None. 6. REPORTS None. 7. ADJOURNMENT MOTION/SECOND: Quick/Thomason. To adjourn the EDA meeting at 8:45 p.m. Ayes—5 Nays— 0 Motion carried. President Coughlin adjourned the meeting at 8:45 p.m. (The meeting immediately adjourned to the Closed Session.) Respectfully submitted, Recorded and transcribed by: Trish Pearson TimeSaver Off Site Secretarial, Inc. Item No. Meeting Date: 11-22-99 Staff Report No. Type of Business: EDAB WK• Work Session;PH:Public Hearing; CA:Consent Agenda;EDAB:EDA Business Mounds View Economic Development Authority Staff Report To: Mounds View Economic Development Authority From: James Ericson, Planner Item Title/Subject: Housing Replacement Program — 8300 Fairchild Avenue Date of Report: November 18, 1999 SUMMARY ON April 26th, 1999, the EDA approved Resolution 99-EDA-110 approving the property located at 8300 Fairchild Avenue for participation in the Housing Replacement Program. The property owners requested Option 2 of the HRP, which provides demolition funds for the existing home. As part of the proposal, the property owner has constructed the new home and demolition for the old home has been scheduled. The original resolution(attached for your reference) set a maximum funding for demolition of $15,000. The low bid, which was accepted, was in the amount of $8,950. ACTION TO BE CONSIDERED It was agreed upon that the homeowners would coordinate and administrate the demolition activities by seeking bids from demolition contractors and selecting the low bidder to accomplish the demolition and disposal. This however is not explicitly stated in the attached original agreement and as such, the City Attorney has advised staff that the agreement entered into by and between the City and the property owners on June 30, 1999, be amended to reflect such clarification. Staff has drafted EDA Resolution 99-EDA-119 which approves the attached First Amended and Restated Construction and Removal Agreement. The maximum demolition reimbursement has been lowered to $10,000 to reflect the low bid estimate plus a 10 percent contingency buffer. RECOMMENDATION Approve resolution 99-EDA-119 approving the First Amended and Restated Construction and Removal Agreement for the demolition of the home at 8300 Fairchild Avenue. James Ericson, Planner N:\DATA\...Mousing Propgrams\Housing Replacement Program\HRP Properties\Fairchild Avenue 8300\Reports\November 22 1999.EDA.doc FIRST AMENDED AND RESTATED CONSTRUCTION AND REMOVAL AGREEMENT THIS FIRST AMENDED AND RESTATED CONSTRUCTION AND REMOVAL AGREEMENT (the "First Amendment") is made this day of , 1999 by and between Sandi and Christopher Pidel, husband and wife (the "Owners"), and CITY OF MOUNDS VIEW(the"City"), a Minnesota municipal corporation. I. RECITALS WHEREAS, Owner is the owner of certain property located at 8300 Fairchild Avenue in the City of Mounds View, County of Ramsey, State of Minnesota, legally described on the attached Exhibit A(the "Property"); and WHEREAS, Owner and City have entered into a Construction and Removal Agreement, dated , 1999(the "Agreement")regarding the Property; and WHEREAS, Owner and City desire to amend the Agreement in certain regards; and WHEREAS, Owner and City desire to clarify responsibilities for arranging for and paying for the demolition required by the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Agreement is hereby amended in the following respects: I. Section 1.06 is hereby amended to read as follows: 1.06. City agrees to pay for the demolition of the existing home (the Structure) within 30 days of the issuance of a final Certificate of Occupancy on the House. II. A new Section 1.08 is hereby added to read as follows: 1.08. Owner agrees to arrange for the demolition (such demolition to be accompanied by removal of all debris) or otherwise remove the Structure (including house, garage, driveway and sidewalk, abatement of well, tanks and hazardous materials and provide a level grade on the site) from the Property within sixty (60) days after substantial completion of the House. Owner shall secure three (3) quotations or bids for the demolition of the Structure and shall select the party with the lowest quotation or bid to perform the demolition. III. Section 2.04(b)is hereby amended to read as follows: (b) Owner further agrees that City may withhold issuance of a final Certificate of Occupancy for the House until the terms of Section 2.04 of this Agreement has been satisfied. IV. A new Section 2.04(c)is hereby added to read as follows: SJR-171907v1 MU205-16 (c) demolish (such demolition to be accompanied by removal of all debris) or otherwise remove the Structure (including house, garage, driveway and sidewalk, abatement of well, tanks and hazardous materials and provide a level grade on the site) from the Property within sixty (60) days after substantial completion of the House. Owner shall secure three (3) quotations or bids for the demolition of the Structure and shall select the party with the lowest quotation or bid to perform the demolition. V. Section 2.05(a)is hereby amended to read as follows: (a) pay for the demolition of the existing home (the Structure) within 30 days of the issuance of a final Certificate of Occupancy on the House. VI. Except as specifically amended herein, the Agreement remains unaltered and in full force and effect. VII. City may at its discretion record this First Amendment, and Owner shall pay all costs associated with doing so. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] SJR-171907v1 MU205-16 IN WITNESS WHEREOF, the undersigned have executed this First Amended and Restated Construction and Removal Agreement as of the date written above. Christopher Pidel Sandi Pidel STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1999, by Christopher Pidel and Sandi Pidel, husband and wife.. Notary Public CITY OF MOUNDS VIEW By: Its: Mayor By: Its: City Clerk-Administrator STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1999 by Dan Coughlin and Charles S. Whiting, the Mayor and City Clerk-Administrator, respectively, of City of Mounds View, on behalf of City. Notary Public This document drafted by: Kennedy&Graven, Chartered(SIR) 470 Pillsbury Center Minneapolis,MN 55402 612)337-9260 SJR-171907v1 MU205-16 EXHIBIT A (Legal Description of Property) See attached survey. SJR-171907v1 MU205-16 CONSTRUCTION AND REMOVAL AGREEMENT -01 THIS AGREEMENT is made this 30 day of SV N , 1999 by and between Sandi and Christopher Pidel, husband and wife ("Owners"), and CITY OF MOUNDS VIEW ( "City"), a Minnesota municipal corporation. I. RECITALS 1.01. Owner is the owner of certain property located at 8300 Fairchild Avenue in the City of Mounds View, County of Ramsey, State of Minnesota, legally described on the attached Exhibit A(the "Property"). 1.02. Owner desires to construct a house (the "House") on the Property in accordance with plans submitted to City pursuant to a building permit application dated May 24, 1999, and attached as Exhibit B (the "Plans"). 1.03. A house (the "Structure")currently exists on the Property, and such Structure is not in conformance with City's code requirements. 1.04. Removal of the Structure is a precondition to issuance of a building permit for construction of the House. 1.05. Owner desires to continue using the Structure for living purposes until completion of the House and City is willing to permit such temporary use as a matter of public convenience. 1.06. City agrees to pay for and arrange the demolition of the existing home within 30 days of the issuance of a Certificate of Occupancy on the new home. 1.07. Owner agrees to construct a minimum 1,500 square foot, thee bedroom, two bath, including a two car garage with an estimated market value of$175,000. II. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree and stipulate as follows: 2.01. City agrees to permit Owner to maintain and use, but not expand, the Structure until construction of the House is complete. 2.02. In consideration of City's agreement under paragraph 2.01 of this Agreement, Owner waives the right to litigate, appeal, or otherwise challenge City's right to require construction of the House or removal of the Structure as a condition of issuance of the building permit or the certificate of occupancy for the House. Owner further agrees and acknowledges that, except as expressly set forth in this Agreement, nothing in this Agreement shall constitute a waiver of any right City has to enforce any federal, state, or local law, rule, or regulation or any other right to which City is entitled. SJR-165060 MU205-16 2.03. [Intentionally omitted.] 2.04. Owner agrees to: (a) complete construction of the House in strict accordance with the Plans by no later than November 30, 1999, and (b) Owner further agrees that City may withhold issuance of a certificate of occupancy for the House until the terms of Sections 2.04(a) and 2.05(a) of this Agreement have been satisfied. 2.05. City agrees to: (a) demolish(such demolition to be accompanied by removal of all debris) or otherwise remove the Structure (including house, garage, driveway & sidewalk, abatement of well, tanks and hazardous materials and provide a level grade on the site) from the Property within sixty (60) days after substantial completion of the House. 2.06. Owner hereby grants City an irrevocable license to enter onto the Property for the purposes of demolishing and removing the Structure and any resulting debris from the Property. 2.07. Owner agrees to defend, protect, indemnify, and hold harmless City from any and all claims, litigation, causes of action, and any other obligation imposed upon or asserted against upon City, or its officers, agents, or employees arising out of this Agreement or City's exercise of its rights hereunder. 2.08. Without limitation of any provision set forth in section 2.07, Owner agrees to pay to City any costs or expenses, including without limitation attorney fees, incurred by City in enforcing any provision of this Agreement. 2.09. City may at its discretion record this Agreement, and Owner shall pay all costs associated with doing so. 2.10. This Agreement shall terminate automatically and have no further effect upon Owner's compliance with the obligations set forth in section 2.04. 2.11. Except as expressly set forth herein, nothing in this Agreement shall constitute a limitation or waiver of City's right to enforce any ordinance, law, rule, or regulation. 2.12. Nothing in this Agreement shall constitute a waiver or limitation of City's immunities or limitations on liability as set forth in Minnesota Statutes, Chapter 466 or otherwise. 2.13. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) In the case of Owner, is addressed to or delivered personally to Owner at 8300 Fairchild Avenue, Mounds View,Minnesota 55112; and SJR-165060 MU205-16 (b) in the case of City, is addressed to or delivered personally to City at City Hall, 2401 Highway 10,Mounds View, Minnesota 55112,Attn: City Administrator; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 2.13. 2.14. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 2.15. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] • SJR-165060 MU205-16 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date written above. cp2(71-12---”04-----0-- Christopher Pidel AoAcu, PIckO Sandi Pidel STATE OF MINNESOTA ) ) COUNTY OF ) 74, The foregoing instrument was acknowledged before me this h1) day of ( le;(c— , 1999,by Christopher Pidel and Sandi Pidel, husband and wife.. 4.7i4-‘1L-7) )‹.- 7,1e--.4-67- ,•_, SHARON KAMHOL�.-, e Nota� Public l' ' Notary Public-Minnesota ' '� Ramsey County My Commission Expires June 22.2cc CITY OF MOUNDS VIEW By:( - -Alc.uz___ Its: M. 'o By: /,/.14 Its: C•ty Clerk/Administrator "te> . STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this Ci day of , 1999 by Dan Coughlin and Charles S. Whiting, the Mayor and City Cler dministrator, respectively, of City of Mounds View, on behalf of City. ai.L.,, otary Public This document drafted by: ) 1<'., BARBARA A.BENESCH 1� Kennedy&Graven, Chartered(SJR) 470 Pillsbury Center sl _= t: NOTARY PUBLIC-MINNESOTA ° - My Commission Expires Jan.31,2005 Minneapolis,MN 55402. 612) 337-9260 SJR-165060 MU205-16 EXHIBIT A (Legal Description of Property) See attached survey. DJG144145 MU200-30 A-1 ••••• -.r - .+.0 -- .v ..•..w•INV✓ .-I ...IV.1,..• Y..L Vi.. IV•V VVV I I •VL/ VL. CETI1CTE OP SLAYS FOR: Marquis Builders I NORTH * BENCHMARK: Top Nut Hydrant at SE Corner of Fairchild --Fnd 1/2" I.P. Ave. & Arden Ave. Elev.=912.34. Fnd 1/2" I.P.-, I (in concrete) DIAG: 59.6 x 80.0 - 99.76 (in concrete) `` �o0. 41'4 NOTE: Existing house and garage to be removed. 44.t i Garage . I .• \►i O I I♦ r P• m •O O , I i , r o m 11. jZi 8.0 cs aa to �', r�alonghtheeeasttandNwest Ines) b(as i Lo cLured J 4p410 I g Proposed <G ,Wted 1 2" 1 Q ‘ + 910• + 910. Driveway .L.S. 1941910.88 I 1 210.10 GE l i oti ; � } N90'00'00"L`' nd 1 I.-.- .% q t c • e J e 9.'• to �'�of nots68.on, 'Feb,.• Z SHEDI �D�t j 10.00<� > 910.35 'Stied_ o ,210.>Q o _ 11a0`, .to '0.po -Large Spike 40 t° -r"""te • \'1 In Concrete i `North Line 9��;k4�o�� ��ao r -Fnd 3/ 'oil SEasemnt Utility of Lot 68 cS'fc3� �a �e l H� +909,77 l � ry 4111Wa .0.$ iiiIIR W GE 41,.00 0 1` / / �U,t . -, W `f ; Garage y,ofb� '115'4` 1!/ I a I t� 0 o f" N N / O O •-'w N O N. --4 -f ja. I • to N. •.... 4j Q ,.: a -r 70.0 -G-►-6 I Q h o O 1 f a� i y IC7 d0 u u N O: . I'+ 906.88 4 v y I1 10.8 _w.- �.. I- ,-Io yv Q 910.07 C/1 14 0 ,• ��• 4 ir4; ri ,-, Y', 4. n "14f •� •1 de.zi 9DQ L74� aa�a �r.o C / ill •' N'30.00Gs-'o0"a' "_`,$ 0.10 10.5 •c! 91.0.1 S 1 :'10.00 � Q GARCO_R 10. 0 r� }� c . ?l.. 9co sott `:`•'1nd 0.5" IA • f, Fnd 0.5" 1•P.- ;`;', • RAS. #10947 2'40.1R.L.S. #10947 I f, ,�`,.�" �C DENOTES PROPOSED ELEVATION. r k a��112.0 _: x 1011.2 DENOTES EXISTING ELEVATION. •- •, : •CX - 912.4 l • • r • • . LOWEST FLOOR •• •• • 81 DENOTES WOOD HUB AT 11 FOOT OFFSET. TOP OF FOOTING - 9047 � That part of Lot 5, Block 1, CUSTAFSONS 1ST ADDITION, Ramsey County, Minnesota sing outh of the North 80.00 feet as measured along the Eost end West lines thereof. andhapart of Lot 68, Auditors Subdivision No. 89, Ramsey County, Minnesota described as beginning at the Northeast corner of said Lot 68: thence West along the North line of said Lot 68 a distance of 240.10 feet to the East line of the West 218.10 feet thereof; thence Southerly olong;said East line 95.07 feet: thence East 240.10 feet to a point on the East line of sold Lot 68, which point Is 95.07 feet South from the Northeast corner of sold Lot 68; thence North along said East line 95.07 feet to the point of beginning and That part of Lot ea, Auditors Subdivision No. 89, Ramsey County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 68; thence South along the East line of sold Lot 68 to the intersection of a line lying I 10 feet Southerly of and parallel with a line running from a point on sold East lino, 95.07 feet`South of the Northeast corner to 0 point on the West line of said Lot ea, 95.07 feet South of the Northwest corner of said Lot 68, said intersection being the point of beginning; thence West along sold parallel line to the East line of the West 218.10 feet of sold Lot 68; thence North along said East , line to the first described line above; thence East along said lino to the East line of said Lot 88; thence South along said East line to the point of beginnin.. Sc • Denotes Iron Monument Bearing Datum: Assumed Job No, 99263HS Drwc, By ERV,- 4 I hereby certify that this plan, survey or report was prepared by me E. G. RUC 4 SONS, INC or under my direct supervision,and that I am a duly Licensed Land LAND BtIJRvl:YOtZa • Surveyor under the laws of the State of Minnesota. 9180 LiXINGTON AVM. NO. L G R,.JD 4: S.' INC. • CIRCA PINTS, MINNESPrA�' Dated this• 28 By. r sact4-3625 TEL. 18b-&& day of �-y. ; 1999 Min sota License ocg5.344• EXHIBIT B (Attach Copy of Building Permit) DJG144145 MU200-30 B-1 "111111111.11.1.1..1.1111111.11111111...— ©oma © Permit No. 0 MUA=D%'° Applicant to complete numbered spaces only. y SITE ADDRESS i 1.AA\\_AOOR�G! OWNER _ •vim 2 ra�•�:� ._. — Mp��t AQP CONTRACTOR AR HIT ECTIDESIGNERI.EN INFER 4 USE OF BUILDING 41112-111"1416-- 1•••••"- 5 DESCRIBE WORK ` 111 op sr - _ - 6 VALUATION OF WORK flp X.IC ICC -141111 THE PERMIT BECOMES AumcIPttZED IS NOT COMMENG.'D OR WpRK 1S SUSPENDED OR ABA A[vYTItNE AFTERWORK\S COMME�� - 1 1-IEREB`! CERT\ir ( APPLICATION ANO KNOW -,C'-CA: ROV\S1O1VS OF LAWS ANO O WILL_ FIE COMPLIED NINIVVVA. -NiN1! GRAN-TING OF A PERM\T vC1_0� V10Lq-T OR CANC REG i•T\ ;G C• ' --- _ Si�HATURE QF O�i�1��� —.nor lMP lL"-7iP46---4‘.' SEP _ s —