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110804 EDA CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 EDA Minutes November 8, 2004 Regular Meeting City Hall CALL TO ORDER President Collier called the meeting of the Economic Development Authority to order at 8:37 p.m. ROLL CALL Present: Don Collier, President Doug Andersen, Commissioner Sharon Cassen, Commissioner Mary Gwin-Lenth, Commissioner Steve Sommer, Commissioner APPROVE MINUTES Motion was made by Commissioner Gwin-Lenth, seconded by Commissioner Sommer, to approve the Regular Meeting Minutes of October 25, 2004, and executive session meeting minutes of October 25, 2004. All present voted in favor. Motion carried. IMP. PROJECT 776 President Collier introduced for discussion Item 4, Resolution approving Item 4 financial guarantee of the Hennepin County Housing and Redevelopment Authority affordable housing incentive fund program in the 5501 Boone Avenue North development project (improvement project no. 776). Mr. Kirk McDonald, director of community development, explained that the resolution before the EDA is routine in nature. Hennepin County has conditionally approved a $300,000 Affordable Housing Incentive Fund (AHIF) loan subject to EDA consent to its participation. These funds were part of the funding package that was identified when the EDA approved the redevelopment contract for the 5501 Boone Avenue North development project on September 13, 2004. He stated the property closing recently occurred and construction is expected to commence on the 35-unit apartment complex sometime in November. Mr. Dan Donahue, city manager, noted that the county is seeking approval by the city merely as a courtesy. EDA RESOLUTION Commissioner Gwin-Lenth introduced the following resolution and moved 04-36 its adoption “RESOLUTION APPROVING FINANCIAL GUARANTEE Item 4 OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY AFFORDABLE HOUSING INCENTIVE FUND PROGRAM IN THE 5501 BOONE AVENUE NORTH DEVELOPMENT PROJECT (IMPROVEMENT PROJECT NO. 776).” The motion for the adoption of the foregoing resolution was seconded by Commissioner Cassen, and upon vote being taken thereon, the following voted in favor EDA Meeting Page 1November 8, 2004 thereof: Collier, Cassen, Gwin-Lenth; and the following voted against the same: Andersen, Sommer; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. PUBLIC HEARING President Collier introduced for discussion Item 5, Public Hearing – IMP. PROJECT 603 Resolution approving sale of property at 7819 Angeline Drive to Kingsman, Item 5 LLC (improvement project no. 603). Mr. Shawn Siders, community development specialist, stated the public hearing is to consider the sale of the property at 7819 Angeline Drive for $35,000 to Kingsman, LLC. He reviewed building improvements totaling $11,000 of additional expense to the developer that were requested by the city since the initial offer. Mr. Siders indicated staff recommends proceeding with the transaction. President Collier opened the floor for comments. There was no one in the audience to address the EDA for the public hearing. CLOSE HEARING Motion was made by Commission Gwin-Lenth, seconded by Commissioner Item 5 Sommer, to close the public hearing. All present voted in favor. Motion carried. EDA RESOLUTION Commissioner Cassen introduced the following resolution and moved its 04-37 adoption “RESOLUTION APPROVING SALE OF PROPERTY AT 7819 Item 5 ANGELINE DRIVE TO KINGSMAN, LLC (IMPROVEMENT PROJECT NO. 603).” The motion for the adoption of the foregoing resolution was seconded by Commissioner Sommer, and upon vote being taken thereon, the following voted in favor thereof: Collier, Andersen, Cassen, Gwin- Lenth, Sommer; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. IMP. PROJECT 716 President Collier introduced for discussion Item 6, Discussion regarding Item 6 appeal of commissioner’s award for 7809 Bass Lake Road (improvement project no. 716). Mr. Steve Sondrall, city attorney, updated the EDA on the negotiation process. He stated the city has until November 29 to file an appeal to the commissioner’s award unless a mutually agreed upon resolution can be achieved with the property owner before that time. He noted the property owner’s attorney wanted him to convey to the EDA that the owners of the 20/20 eye clinic were not only successful business owners of the city but also own a residential property in the city that is occupied by their daughter. President Collier acknowledged receipt of a telephone message from the property owner and explained his reluctance to return the phone call due to EDA Meeting Page 2November 8, 2004 the existing litigation process. The EDA conveyed its desire to retain the business elsewhere within the city if possible. Mr. Sondrall noted that the city has retained the services of a relocation specialist to work with all the property owners whether residential or commercial properties. Ms. Jane Bockhaus, 5201 Sumter Avenue North, was recognized. She stated she and her husband own the property at 7809 Bass Lake Road. She expressed her desire to move forward with the process so that they can pursue finding an alternate office site. She referred to the commissioner’s award as a decision made by impartial experts and urged the EDA to settle on the $300,000 price. She noted the legal fees expended to continue negotiations will likely exceed the $20,000 price difference. President Collier thanked Ms. Bockhaus for her comments. IMP. PROJECT 751 President Collier introduced for discussion Item 7, Resolution finding need Item 7 to acquire title and possession of three additional Winnetka Avenue East area development properties prior to the commissioner’s award, approving the appraisal of damages for each property resulting from the taking, and ratifying and authorizing all steps taken by staff to acquire the properties ((tracts D, F, and G, Registered Land Survey No. 97 - improvement project no. 751). Mr. Steve Sondrall, city attorney, explained that the three tracts citied in the resolution are all within the vacated Sumter Avenue North area. The properties were designated in an unusual manner in that they were each designated for street use as a separately-defined easement parcel rather than as a 33-foot easement area within a developable lot. The title issue was inadvertently overlooked during the title review process and the three tracts were not included in the initial condemnation proceeding. Mr. Sondrall recommended that the EDA offer to pay the approved appraisal value of $13,200 for the three tracts in order to streamline the acquisition process and complete the title transfer to Ryland Homes. EDA RESOLUTION Commissioner Sommer introduced the following resolution and moved its 04-38 adoption “RESOLUTION FINDING NEED TO ACQUIRE TITLE AND Item 7 POSSESSION OF THREE ADDITIONAL WINNETKA AVENUE EAST AREA DEVELOPMENT PROPERTIES PRIOR TO THE COMMISSIONER’S AWARD, APPROVING THE APPRAISAL OF DAMAGES FOR EACH PROPERTY RESULTING FROM THE TAKING, AND RATIFYING AND AUTHORIZING ALL STEPS TAKEN BY STAFF TO ACQUIRE THE PROPERTIES ((TRACTS D, F, AND G, REGISTERED LAND SURVEY NO. 97 - IMPROVEMENT PROJECT NO. 751).” The motion for the adoption of the foregoing resolution was seconded by Commissioner Andersen, and upon vote being taken thereon, the following voted in favor thereof: Collier, Andersen, Cassen, Gwin- Lenth, Sommer; and the following voted against the same: None; Abstained: EDA Meeting Page 3November 8, 2004 None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. ADJOURNMENT Motion was made by Commissioner Sommer, seconded by Commissioner Andersen, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 9:10 p.m. Respectfully submitted, Valerie Leone City Clerk EDA Meeting Page 4November 8, 2004