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HomeMy WebLinkAbout04-23-2001M:\MasterFiles\1999 thru 2010\2001\EDA\EDA Packets\04-23-2001\Agenda -- EDA Meeting, April 23, 2001.doc CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY MONDAY, APRIL 23, 2001 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL: President Sonterre, Vice President Stigney, Commissioner Marty, Commissioner Quick, Commissioner Thomas 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES April 9, 2001 5. SPECIAL ORDER OF BUSINESS: 6. REPORTS 7. CONSENT AGENDA 8. EDA BUSINESS A. Release of Sign Easement Originally Granted by Midland Videen to Anton & Delores Jambor for the BelRae Ballroom Sign – Jim Ericson B. Discussion Regarding Acquisition of Property Associated with Mermaid Redevelopment – Aaron Parrish to provide verbal report. 9. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW EDA CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 9, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 9:50 P.M. 1. CALL MEETING TO ORDER 2. ROLL CALL: Sonterre, Stigney, Marty, Quick, and Thomas. NOT PRESENT: None. 3. AGENDA ADDITIONS There were no additions or corrections to the agenda. MOTION/SECOND: Marty/Stigney. To Approve the Agenda for April 9, 2001 as presented. Ayes – 5 Nays – 0 Motion carried. 4. APPROVAL OF EDA MINUTES A. Approve Minutes of February 12, 2001. MOTION/SECOND: Marty/Thomas. To Approve the Minutes of the EDA for February 12, 2001 as presented. Ayes – 5 Nays – 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS None. 7. CONSENT AGENDA A. Approve Modifications to the EDC’s Bylaws. Mounds View EDA April 9, 2001 Regular Meeting Page 2 MOTION/SECOND: Marty/Stigney. To Approve the Consent Agenda as Presented. Ayes – 5 Nays – 0 Motion carried. 8. EDA BUSINESS A. Discuss and Consider Resolution EDA-145-01, a Resolution Authorizing the Expenditure of Funds for the Highway 10 Revitalization and Reconstruction Study. Commissioner Marty asked why grant writing was not included in the previous estimate as he felt it was presented to the City in a manner that indicated this group had extensive grant writing capability. Community Development Director Ericson indicated it was presented to the City that the firm does have grant writing experience. However, when the City sent out the RFP’s the components requested did not include any extensive grant writing as part of that proposal. He then indicated both Staff and Springsted think it would be a good idea to utilize the consultant for that. President Sonterre further clarified that the firm has the background but was not specifically asked in the RFP for the grant writing. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution EDA-145- 01, a Resolution Authorizing the Expenditure of Funds for the Highway 10 Revitalization and Reconstruction Study. Ayes – 5 Nays – 0 Motion carried. B. Discussion Regarding Acquisition of Property Associated with the Mermaid Redevelopment. Economic Development Director Parish told the Authority he had a conference call with the parties involved with this matter to discus the status of the real estate in question. He indicated he had been told they are making significant progress and can finalize the transaction within three weeks. Mr. Parish then recommended the Authority consider directing Staff to begin the proceedings for a quick take of the property if the matter has not been resolved in three weeks. Commissioner Marty stated he had reviewed the meeting on television and is in agreement with the comments made by Vice President Stigney and Commissioner Thomas as he is not a proponent of eminent domain for the private sector. He then stated he would like to see what the City can do without stepping across that line. Mounds View EDA April 9, 2001 Regular Meeting Page 3 Commissioner Thomas stated she would not preclude using eminent domain as an option should it become necessary but stated that since the process appears to be moving along she is more comfortable waiting to see if the matter is resolved in three weeks. President Sonterre stated that eminent domain is a tool that can be used if the matter is not resolved. Commissioner Thomas stated she did not want to direct Staff to proceed with eminent domain proceedings at this time due to limited Staff time. Economic Development Director Parish stated there would only be minimal Staff time involved as the attorney would be responsible to draft the appropriate documents. He then stated that Dan Hall was asked to come to the meeting to answer any questions concerning the project. Dan Hall stated he is now before his third Mayor trying to finalize this project. He stated that every time he is close to finalizing the deal the other party asks for something else. He stated this is a very small item for such a large corporation and he has no idea why they are making such a big deal out of it. He then stated he was not asking for a vote to approve eminent domain but merely for permission to look at it as an option. Commissioner Marty asked if there were monetary or time constraints involved if the Authority were to wait three weeks before deciding to act. Mr. Hall indicated his construction documents have a start date of May 2, 2001 and he may lose his contractor if he cannot start on that date. Economic Development Director Parish explained that the reason the conveyance of land is so important is it is also holding up planning approvals as you cannot file a plat if you do not have title to the property. He then stated that pushing it out three more weeks would be cutting it very close in terms of finalizing City approvals and construction dates. Commissioner Marty requested that Staff follow up on the matter and report to the Authority on April 23, 2001. Economic Development Director Parish stated they were not asking permission to draft the documents but asking if progress hasn’t been made in three weeks to begin the process. Commissioner Thomas stated the City is not condemning a house nor is the City addressing a health and safety issue as this is a private economic development issue. She then stated the Authority is being asked to pull out its “hammer” when they should use a “crescent wrench”. She further stated she is not comfortable directing Staff to look at the option if the other side has Mounds View EDA April 9, 2001 Regular Meeting Page 4 said they are working on the matter. President Sonterre asked what Mr. Parish had hoped to receive from the EDA on this matter. Economic Development Director Parish explained he has no leverage if he says the City may consider eminent domain but if he receives direction to initiate the proceedings based on a demonstrated lack of progress his leverage is improved. President Sonterre clarified Mr. Parish had no “hammer” and wanted to borrow the Authority’s “hammer” to sway the discussions. Vice President Stigney stated Staff should have enough information that the Authority will take action on this at the next meeting if no progress is made. He further stated he felt Mr. Parish could use that information without saying the City had initiated proceedings. President Sonterre clarified it was the consent of the Authority not to initiate the process at this time and direct Staff to provide a status report at the April 23, 2001 meeting. Economic Development Director Parish asked for permission to place the use of eminent domain within the context of redevelopment on the agenda for the next work session. It was the Consent of the Authority to hear the options at the work session as proposed by staff. 9. ADJOURNMENT President Sonterre adjourned the meeting 10:17 p.m. Respectfully submitted, Recorded and transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc. Item No: EDA 8A Meeting Date: April 23, 2001 Type of Business: EDA-B WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Economic Development Authority President and Commissioners From: James Ericson, Community Development Director Item Title/Subject: Consideration of Resolution No. 01-EDA-146, a Resolution Approving the Release of a Sign Easement Area Acquired with the 1996 Bel Rae Ballroom Acquisition Date of Report: April 19, 2001 Background: On September 11, 2001, the City Council approved Ordinance 668 which authorized the vacation of a sign easement the EDA had acquired with the Bel Rae Ballroom purchase. Discussion: SJR-196343v1 MU210-48 2 The Deputy Examiner of Titles has rejected the vacation on the premise that the City Council had no ownership interest in the easement area and thus could not rightfully vacate the easement. Technically speaking, the EDA—not the Council—should have vacated (or in this case, released) the easement. The attached Resolution 01-EDA-146 and Release document, if approved by the RDA, will satisfy the examiner of titles and will allow for the completion of the associated title work. Recommendation: Approve Resolution 01-EDA-146, a resolution authorizing the approval of a Release of Easement pertaining to a sign easement area no longer serving a public purpose. _____________________________________ James Ericson Community Development Director 763-171-4021 N:\DATA\GROUPS\COMDEV\Development Cases\Pd00-001 (Walgreens PUD)\Release Report - Apr 23, 2001.doc SJR-196343v1 MU210-48 3 RESOLUTION NO. 01-EDA-146 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE RELEASE OF A SIGN EASEMENT ACQUIRED IN CONJUNCTION WITH THE 1996 ACQUISITION OF THE BEL RAE BALLROOM WHEREAS, the Mounds View Economic Development Authority (EDA) purchased the Bel Rae Ballroom property from Anton and Delores Jambor in 1996; and, WHEREAS, in addition to the subject property, the EDA also acquired the rights to an easement as defined in and recorded as Document 1072932; and WHEREAS, on September 11, 2000, the Mounds View City Council adopted Ordinance 668 which vacated its interest in the identified sign easement area; and, WHEREAS, the Ramsey County Examiner of Titles has rejected the vacation, correctly indicating that the City Council was not the owner of record; and, WHEREAS, to satisfy the Examiner of Titles and to finalize the associated title work, a Release of Easement (“Release”) has been drafted for approval by the EDA. NOW THEREFORE, BE IT RESOLVED, that the Mounds View Economic Development Authority hereby approves the Release which in essence vacates the sign easement area described in and recorded as Document 1072932. Adopted this 23rd day of April, 2001. _________________________ Rich Sonterre, President ATTEST: ________________________________ Kathleen Miller, Executive Director Motion: _______ Second: _______ Sonterre: Stigney: Quick: Marty: Thomas: N:\DATA\GROUPS\COMDEV\Development Cases\Pd00-001 (Walgreens PUD)\01-EDA-146.doc SJR-196343v1 MU210-48 4 RELEASE OF EASEMENT THIS INSTRUMENT is made this ______ day of _______________ by the Mounds View Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota (the “Authority”), located at 2401 Highway 10, Mounds View, MN 55112-1499. WHEREAS, the Authority acquired the rights to a certain sign easement (the “Easement”) dated October 12, 1994, and filed October 14, 1994, as Document No. 1072932, in the records of the County of Ramsey, Office of the Registrar of Titles, which such Easement concerns the following described tract of land in Ramsey County, Minnesota: See Exhibit A; and WHEREAS, the Authority acquired the rights to the Easement pursuant to an assignment made in the Warranty Deed dated July 1, 1996, and filed August 26, 1996, as Document No. 1130751, in the records of the County of Ramsey, Office of Registrar of Titles; and WHEREAS, the continued use of the Easement for signage purposes is not needed for a public purpose; and WHEREAS, a request has been made for release of the Easement as part of the plat of Mounds View City Hall Addition. SJR-196343v1 MU210-48 5 NOW, THEREFORE, the Mounds View Economic Development Authority hereby releases and terminates the Easement. Dated: __________________, 2001. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY By: ____________________________________ Its: President By: ____________________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2001, by ____________________ and ____________________, the President and Executive Director respectively, of The Mounds View Economic Development Authority, a public body corporate and politic, under the laws of the State of Minnesota on behalf of the public body corporate and politic. __________________________________________ Notary Public This document was drafted by: KENNEDY & GRAVEN, CHARTERED (SJR) 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 EXHIBIT A Legal Description of Easement to be Vacated Commencing at the most westerly corner of Lot 15 Block 5 Pinewood Terrace No. 2 thence northwesterly along the southwesterly line of said Block 5 444.06 feet to the point of beginning; thence northeasterly at right angles 40 feet thence northwesterly parallel with said southwesterly line of Block 5 to the southerly extension of the westerly line of Lots 17-22 said Block 5, thence south along said line extended to the southwesterly line of said Block 5 thence southeasterly to the point of beginning.