112795 EDA Official File Copy
CITY OF NEW HOPE
EDA AGENDA
EDA Regular Meeting #18 November 27, 1995
Agenda # 19
President Edward J. Erickson
Commissioner W. Peter Enck
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
Commissioner Terri Wehling
1. Call to Order
2. Roll Call
3. Approval of Minutes of November 13, 1995
4. Update on Autohaus Site Improvements, 7709 42nd Avenue North
(Improvement Project No. 467)
5. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
Approved EDA Minutes November 13, 1995
Meeting #17
CALL TO ORDER President Erickson called the meeting of the Economic Development
Authority to order at 8:58 p.m.
ROLL CALL Present: Erickson, Enck, Otten, Wehling
Absent: LaVine Norby
Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, Bellefuil
APPROVE MINUTES Motion was made by Commissioner Otten, seconded by Commissioner
Wehling, to approve the EDA minutes of October 9, 1995. Voting in favor:
Erickson, Enck, Otten, Wehling; absent: Norby. Motion carried.
TIF DISTRICT President Erickson introduced for discussion Item 4, Resolution Awarding
Item 4 Contract for the Construction of a Handicap Accessible Twinhome at 6073-
6081 Louisiana Avenue North (Improvement Project No. 519).
Mr. Donahue reported the Iow bidder is Michlitsch Builders for $199,900.
Commissioner Otten inquired whether the City has utilized this contractor
in the past. Mr. Donahue stated the builder has bid on prior projects within
the City and although the City has not utilized them in the past, Michlitsch
Builders is very reputable.
EDA RESOLUTION Commissioner Enck introduced the following resolution and moved its
95-22 adoption: "RESOLUTION AWARDING THE CONTRACT FOR THE
Item 4 CONSTRUCTION OF A HANDICAP ACCESSIBLE TWIN HOME AT 6073-
6081 LOUISIANA AVENUE NORTH, NEW HOPE, MINNESOTA
(IMPROVEMENT PROJECT NO. 519)". The motion for the adoption of the
foregoing resolution was seconded by Commissioner Wehling and upon
vote taken thereon the following voted in favor: Erickson, Enck, Otten,
Wehling; and the following voted against the same: None; Absent: Norby;
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 Wehling, seconded by Commissioner
Enck, to adjourn the meeting. All present voted in favor. The New Hope
EDA adjourned at 8:59 p.m.
Respectfully submitted,
Valerie Leone
City Clerk
New Hope EDA November 13, 1995
Page I
EDA
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
11-27-95
Kirk McDonald Item No.
By: Management Assistant By: 4
UPDATE ON AUTOHAUS SITE IMPROVEMENTS, 7709 42ND AVENUE NORTH
(IMPROVEMENT PROJECT NO. 467)
Thomas Boettcher from Autohaus will be present at the November 27th EDA meeting to present an
update on the Autohaus site improvements. The EDA has previously requested an update on the
progress of the improvements, particularly since Universal Color, Inc. has vacated the front portion of
the Autohaus building. Boettcher will be presenting a revised site plan to the EDA.
On April 4, 1991, Autohaus, Inc. and the City of New Hope executed a Development Contract
regarding specific improvements to be made to the Autohaus property, such as the installation of
concrete curb, landscaping improvements, storm drainage improvements, paving and lighting
improvements and the demolition of the Animal Hospital building. The contract called for the
improvements to be made to the property by April 14, 1992. Autohaus subsequently requested several
time extensions to complete the improvements. The most current agreement states that all improvements
will be completed by October 31, 1994. While some of the work has recently been completed (such
as striping of the lot), several items have not yet been completed (landscaping on east and west sides
of property, trash enclosure, etc.). Also, in July, 1994, Autohaus submitted a request to the EDA to
allow the retaining wall they constructed five feet from the property line to remain in place. The EDA
declined to consider the request until an update on all outstanding issues on the plan was presented.
In 1991, the EDA also made a low interest loan to Autohaus in the amount of $187,500 to assist with
the acquisition of the former Animal Hospital site and for development improvements to the site. The
loan was paid back in full this past summer, several years in advance of when it was due.
MOTION ~~_,_ , . SECOND BY
TO:
!
Review: Administration: Finance:
RFA-O01 ~
Request for Action 2 11-27-95
Issues that the EDA may want to discuss with Boettcher include the following:
1. Interior use of space vacated by Color Lab (to be converted into showroom and service
department).
2. Retaining wall issue.
3. Signage (pylon and wall signs).
4. Landscaping.
5. Layout of front auto display area and elevated auto display turntables.
As of the writing of this request, staff have not received finalized site plans. When final revised plans
are received, staff will have more detailed comments.
ADDENDUM TO CITY OF NEW HOPE
DEVELOPMENT CONTRACT
1. Parties. The parties to this Addendum are the C~ty of New
Hope (hereafter City), Autohaus of- Minneapolis, [nc.
(hereafter Autoh&us) and Thomas W. Boettcher, individually
(hereafter Boettcher).
2. Property. The real property (hereafter Property) to which'the '
this Addendum applies is owned in fee by Boettcher and is
...located in Hennepin County, Minnesota, legally described as:
(See attached Exhibit A)
3. Purpose. This Addendum shall modi:fy' the that. certain
'Development Contract dated April 4, 1991 (hereafter Contract)
entered into by the parties. Autohsus and Boettcher
acknowledge and agree that they are in breach, of the
performance conditions of the. Contract and in consideration
for the City's agreement not to immediately, pursue its
remedies under the terms of the contract Boettcher and
Autohaus have agreed to enter into this Addendum. '~
4, Unoerforme~ Conditions. Specifically, Autohaus and Boettcher
acknowledge and agree that they have failed to perform all the
requirements of paragraphs 2.A) through [) and 3 of the
Contract. With respect to. the wO~k. required ~.'by _those''
..provisions the 'parties hereto agree*~ that AutohauS''an-d
· .Boettcher will perform the work ss fOlVOws: '" " ~ ' ;'.:
a.) The installation of concrete curb from the most southerly
............ wall of the building northward to .County Road No. 9 she31
be completed by October 31t 1993. The remainder of the
COMPLETED. curbing as shown on the site plan shall be installed by
' October 31, 1994, except that curbing around the
perimeter of the unpaved body shop and repat~ storage
ara& ehall'be installed if and when said body ~hop and'
reill~r storage area is paved as set forth below. All
clll~lttng shall be of a surmountable type ss approved by
tibia. City. Autohaus and Boettcher shall submit a diagram
o~ aa~d' curbing for approval to the C1ty prior to
installation.
b.) 'All plantings shown' on the site plan north of the
build'~ng's most southerly wall shall be installed by
NOT October 31, 1993. All other plantings shown on the s~te
COHPLETED plan she33 be installed by October 31, 1994.
1
c.) The six-foot opaque security fence around the perimeter
of the body shop and collision repair storage area shall
COMPLETED be installed by October 31, 1994. The existing fencing
.shall remain in place until the new security fenc
instal led.
d.) The installation of lighting shown on the site plan shall
be completed by October 31, 1993. However, the parties
COMPLETED agree ~'hat the existing lighting for the collision repair
area as of the date of this Addendum is adequate and no
further lighting is required notwithstanding the lighting
required by the site plan.
e.) All planted areas completed in 1993 will be sprinkled by
PARTIALLY October 31, 1993. All planted areas completed in 1994
COMPLETE will be sprinkled by October 31, 1994.
f.) The installation of the outdoor trash enclosures will
NOT DoNE completed by October 31, 1994.
CD:OMPLETEg-') The front display area will be cOmpleted by OctOber 31,
PAVING
1993. However, the parties agree that the front display
STRIPING NEEDS TO BE area can be paved with concrete and bituminous.
DONE--NO HANDICAPPED
SPACES h.) The islands in the transport lane area wi11.-be 'installed
NOT DONE by October 31, 1994. ,. ~ . ~ "~ -
t.) Erosion control measures of grading and seeding in a form
and manner approved by the City Engineer shall be
completed by October 31, 1993. The erosion control
measures shall apply to all unpaved areas.
j.) The City agrees to waive indefinitely the"r'equi'rement in
the Contract that Autohaus and Bosttcher'-pave-"the body
shop and repair storage area. However, ~tf.Autohaus and
..... Boettc. her elect to pave the body shop and 'repair storage
area at some point ~n the future, then' Autohaus and
Boettcher w~11 be re~lutred to install, prior to said
paving, the public storm water drainage improvements
required by paragraph 3 of the Contract. And, prior to
tnsta11~ng said storm water drainage improvements,
· i~__~h&ua and-the City must agree on the respoe~ibtlity
~r~_p&yment of the cost of said storm water drainage
.~lljl!l~ovement a.
ITEHS THAT NEED TO BE COMP.LETED: LANDSCAPING
SPRINKLING
TRASH ENCLOSURE
STRIPING
TRANSPORT LANES
2
5. Nonmerger. The parties agree that the terms of the Contract
and this Addendum shall survive the satisfaction, re]ease or
termination of the April 4, 1991 Mortgage, Security Agreement
and Fixture Financing Statement given by Boettcher, and
AutoSaus and Boettcher shall be required to perform all work
set forth above even if said Mortgage, Security Agreement and
Fixture Financing Statement .is satisfied, released, or
terminated.
6. Security. The subdivision bond or other security required of
Autohaus and Boettcher to ensure their performance under the
Contract shall be reduced to $1,000.00.
7. Effect of Addendum. The parties agree that this Addendum
'shall not change the other provisions of the Contract, which
shall remain in full force and effect. This Addendum shall be
.... construed' as supplemental to and not inconsi'stent ,with the
Contract. The parties further agree that
~ Addendum shall also constitute a breach of the~April 4, 1991
.: Mortgage, Security Agreement and Fixture Ft.n&ncing. Statement
'': :: given by Boettcher.to secure t'he'April 4,-1991 Mortgage Note
executed by Boettcher. Autohaus further agrees that the
assignment of the Certificate of Deposit given as financial''
.~i. security to insure'performance of. the~Contract shall subject
· to reduction as set forth-aboVe, also extend to' secure
.~ performance under this Addendum
Dated: ~ By
Th, It vi dual ly
3
/,,~.. 4401 Xvton Avenue North Telephone: 612-531.5100 Ctty Hall Fax: =E '2-55 '.5'
New Hope. Minnesota 55428-4898 TDD Ltne: 612-531-5109 Police Fax:
Public Works Fax: =6 ~2-F~,$--5.
July 27, 1994
Mr. 'Thomas Boettcher
Autohaus of Minneapolis, Inc.
7709 42nd Avenue North
New Hope, MN 55427
Subject: REQUEST TO ALLOW FRONT RETAINING WALL TO REMAIN IN PLACE
FIVE FEET FROM PROPERTY I. INE
Dear Mr. Boettcher: ._
At 'the July 25th New Hope Economic Development Authority meeting, the City Manager
presented your letter to the EDA requesting to allow the existing retaining wall to remain in
place five feet from thc property line, due to the fact that Universal Colour Lab, Inc. will be
eXtending their lease and the plan for the front display area will be delayed. Th6 EDA declined
· to grant the request until an update regarding all outstanding issues on the plan is presented.
: The EDA indicated that they do not want to amend the eXisting Development'Agreement for
only the retaining wall issue if other changes also need to'be made. As you are awa~re, all
landscaping and site improvements (including those ia the rear of' the building) are' 'to be
completed by this fall. The EDA wants an update on all outstanding issues before it will
consider your request to allow the retaining wall to remain in place, and the City cannot proceed
'with any curb improvements on your property in conjunction with the 42nd Avenue
l. andscape/Malntenance Improvement Project until the retaining wall issue is resolved.
I have enclo~ll a copy of the most recently revised agreement between the City ~ Autohaus.
Please review II~ agreeme~ and respond in writing regarding the outstanding improvements to
be completed. AI~, plea~ let Dan or myself know if you will be able to attend an ulx:oming'
Council/EDA mee~n~ to answer the EDA's 'questions so that we can move forward on thin
matter.
Family Styled City'~~ For Family Living
Mr. Thomas Boettcher
July 27, 1994
Page 2
Sincerely,-
Daniel $. Donahue
City Manager
Kirk McDonald
Management Assistant/ - '
Community Development Coordinator '-
Enclosure: Development Agreement
cc: ,Dan Donahue, City Manager
Steve Sondrall, City Attorney
Mark Hanson, City Engineer -
Doug Sandstad, Building Official ,-
Improvement Project #467
n NO. 9
COUNTY ROAD
............. il .-.,