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102504 EDAOfficial File Copy CITY OF NEW HOPE EDA MEETING City Hall, 4401 Xylon Avenue North October 25, 2004 President Don Collier Commissioner Doug Andersen Commissioner Sharon Cassen Commissioner Mary Gwin-Lenth Commissioner Steve Sommer 2. 3. 4. Call to order Roll call Approval of regular meeting minutes of October 11, 2004 Resolution authorizing and calling for a closed meeting of the New Hope Economic Development Authority Adjournment CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 EDA Minutes Regular Meeting October 11, 2004 City Hall CALL TO ORDER ROLL CALL APPROVE MINUTES IMP. PROJECT 603 Item 4 EDA Meeting Page 1 President Collier called the meeting of the Economic Development Authority to order at 9:11 p.m. Present: Don Collier, President Doug Andersen, Commissioner Sharon Cassen, Commissioner Mary Gwin-Lenth, Commissioner Steve Sommer, Commissioner Motion was made by Commissioner Cassen, seconded by Commissioner Sommer, to approve the Regular Meeting Minutes of September 27, 2004. All present voted in favor. Motion carried. President Collier introduced for discussion Item 4, Discussion and uPdate regarding development proposal for the city-owned property located at 7819 Angeline Drive (improvement project no. 603). Mr. Shawn Siders, community development specialist, stated at its meeting of September 27, 2004, city staff provided the EDA with an overview of a proposed development by Kingsman, LLC for a single family home at 7819 Angeline Drive. At that time, staff indicated that Kingsman, LLC made an offer to purchase the lot from the EDA for $35,000. Staff was directed to negotiate the price as the 2002 appraised value was $46,000. Mr. Siders reported on his meetings with Mr. Peter Long, President of Kingman, LLC regarding the property. He stated the site may require up to $11,000 in site preparation costs including $5,000 to strip the topsoil, grade and compact the new soil brought to the property in order to elevate the site, $2,000 to conduct two soil boring tests, $2,000 additional cost to waterproof the basement, if the water table is too high (water table will be determined by the soil boring tests), and $2,000 for extending the driveway and adding the brick facade (as requested by staff). The developer was provided direction by the city's planning consultant, city engineer and building official to ensure the proposed single-family house conforms to all applicable city building codes. In response 'to the City Engineer's request, the developer has agreed to provide the city with an additional ten-foot wide by forty-seven foot long (470 sq. ft.) drainage and utility easement to the rear (south end) of the property. This would allow for the future extension of the existing culvert October 11, 2004 MOTION Item 4 ADJOURNMENT which currently terminates on the east side of the property. This easement would be conveyed to the city during the closing, if approved by the EDA. Mr. Long has indicated that the potential purchaser is in a position to cover the additional expense related to the site preparation work as directed by the City Engineer and Building Official. Mr. Long also indicated that because of the additional site preparation costs, which were not anticipated in the original proposal, his client is not in a position to increase the purchase price offer. Therefore, Mr. Long has submitted a revised offer to cover all expenses related to the site preparation work, and pay the EDA $35,000 for the land acquisition. This is the same purchase price that was discussed by the EDA at its meeting of September 27, 2004. Mr. Siders requested direction from the EDA with respect to the proposed purchase price. The EDA determined that $35,000 was a fair purchase price based on the site correction costs. Motion was made by Commissioner Sommer, seconded by Commissioner Gwin-Lenth, authorizing the sale of the property for $35,000. All present voted in favor. Motion carried 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 9:25 p.m. Respectfully submitted, Valerie Leone City Clerk EDA Meeting Page 2 October 11, 2004 EDA !~ REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 10-25-04 EDA Item No. 4 By: Kirk McDonald By: RESOLUTION AUTHORIZING AND CALLING FOR A CLOSED MEETING OF THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY REQUESTED ACTION Staff is requesting that the Economic Development Authority approve the enclosed resolution prepared by the city attorney entitled Resolution Authorizing and Calling for a Closed Meeting of the New Hope Economic Development Authority. POLICY/PAST PRACTICE The City Council and Economic Development Authority have conducted closed meetings in the past regarding litigation matters, as allowed by state law. BACKGROUND The purpose of the meeting is to consider the Award of Commissioners in the 20/20 Eye Clinic property taking for the Winnetka Green development. This property is located at 7809 Bass Lake Road. ATTACHMENTS · Resolution TO: ~~ ~,9/-~ t&~- c ~/-35' hRFA\planning\livable communities/Q-eye clinic closed mtg EDA RESOLUTION NO. 04- RESOLUTION AUTHORIZING'AND CALLING FOR A CLOSED MEETING OF TIlE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, Minn. Stat. § 13D.05, Subd. 3(b) authorizes and permits the New Hope EDA to hold a closed meeting to discuss City/EDA issues and information protected by the attorney-client privilege, and WHEREAS, the New Hope EDA has commenced or has been made a party to a lawsuit or been threatened with litigation which has presently activated its right under the referenced statute to hold a closed meeting, and WHEREAS, specifically the EDA is a party to a lawsuit commenced pursuant to Minn. Stat. Chap. 117 identified as Hennepin County District Court File No. CD 2743 for the purpose of acquiring real property located at 7809 Bass Lake Road for housing redevelopment purposes, and WHEREAS, on October 19, 2004 the Award of Commissioners was filed in this action and a closed meeting of the New Hope EDA is necessary to consider the acceptance or appeal of the Award of Commissioners and to consider various legal strategies for the continued prosecution or defense of District Court File No. CD 2743. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That a closed meeting of the New Hope EDA shall be held on October 25, 2004 immediately following the adjournment of the regular meeting of the New Hope City Council, or adjournment of the regular meeting of the New Hope EDA in the event said public bodies have a regularly scheduled meeting on said day, at the New Hope City Council Chambers. 2. That the purpose of the meeting shall be the discussion of an appeal of the Award of Commissioners, settlement alternatives and prosecution/defense strategies in connection with litigation of Hermepin County District Court File No. CD 2743. 5. That the New Hope City Clerk shall prepare a written roll of the members and all other persons present at the closed meeting and make said roll available for public inspection upon adjournment of the closed meeting. Adopted by the Economic Development Authority in and for the City of New Hope this 25th day of October, 2004. Don Collier, President Attest: Daniel J. Donahue, Executive Director