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060892 EDAOFFICIAL FILE COPY CITY OF NEW HOPE EDA AGENDA EDA Regular Meeting #8 Agenda #g President Edward J. Erickson Commissioner W. Peter Enck Commissioner Gary L'Herault Commissioner Gerald Otten Commissioner Marky Williamson June 8, 1992 2. 3. 4. Call to Order Roll Call Approval of Minutes of May 26, 1992 Resolution Approving Addendum to City of New Hope Development Contract with Autohaus of Minneapolis, Inc. (#467) Discussion Regarding Cit~-Owned Property at Southwest Corner of 42nd/Nevada Avenues (#492) Resolution Authorizing and Calling for a Closed Meeting of the New Hope Economic Development Authority Adjournment Approved EDA Minutes Meeting #7 CITY OF NEW HOPE 4401Xylon Avenue North Hennepin County, Minnesota 55428 May 26, 1992 CALL TO ORDER ROLL CALL APPROVE MINUTES AUTOHAUS PROgECT #467 Item 4 President Erickson called the meeting of the Economic Development Authority to order at 8:46 p.m. Present: Erickson, L'Herault, Otten, Enck Absent: Williamson Motion was made by Commissioner Enck, seconded by Commissioner Otten, to approve the EDA minutes of May 11, 1992. All present voted in favor. Motion carried. President Erickson introduced for discussion Item 4, Resolution Approving Addendum to City of New Hope Development Contract with Autohaus of Minneapolis, Inc. (#467). Mr. Dan Donahue, City Manager, explained certain items outlined in the development contract with Autohaus were to be completed by April 4, 1992. Autohaus has requested an extension and is proposing to complete all site and building improvements north of the south line of the building by October 31, 1992, and to complete the improvements on the rear portion of the property by October 31, 1994. Mr. Donah'ue stated Autohaus has indicated economic conditions have caused the delay for the improvements. He also noted Universal Color Lab has a 3-year lease remaining and some design amenities will be difficult to occur with the lessee on the property. Mr. Donahue suggested letting the lease agreement run its course and structure final approvals based upon the absence of Color Lab. Mr. Kirk McDonald, Management Assistant/Community Development Coordinator, indicated the curbing from the most southerly wall of the building northward to the property line will be completed by October 31, 1992. The remainder of the curbing will be installed by October 31, 1994. He noted that Autohaus had indicated they did not desire to complete the striping, repaving, and final curbing at the rear of the building until after the storm sewer is installed. Improvements to the building are also proposed which were not covered in the development contract, i.e. building painting, installation of canopies, etc. New Hope EDA Page I May 26, 1992 Commissioner L'Herault inquired of the consequences if Autohaus does not fulfill the conditions by deadlines. Mr. Steve Sondrall, City Attorney, stated the City holds a bond for $26,000 which covers only the public improvements relating to the storm sewer and drainage in the rear of the lot. He stated if Autoha~s fails to meet the development contract improvements they would be in breach of their mortgage and the City has the right to foreclose on their mortgage. Commissioner L'Herault expressed doubts regarding whether the new deadlines will be met unless the EDA conveys its intentions to take action if Autohaus does not meet the specified conditions. President Erickson commented that he believes Autohaus is just as anxious as the City is to make the site improvements. Commissioner L'Herault asked when the canopies would be installed. Mr. Tom Oestrich, representing Autohaus, stated the canopies as well as new signage are in the process of being made but will not be placed until after Color Lab vacates the property. He emphasized that Autohaus is trying to obtain one company to handle all the improvements (landscaping, sprinklers, paving, striping, concrete, and curbing}. A lengthy discussion ensued regarding the substitution of concrete and bituminous for the bomanite paving. Commissioner Enck asked of the difference between the materials (appearance, longevity, and cost). He recalled that Mr. Boettcher has previously stressed the aesthetics of bomanite. Mr. Mark Hanson, City Engineer, explained that bomanite is actually concrete with a color added to it. Then it is stamped to create a brick effect. He stated it is a sophisticated construction and is more expensive than bituminous or concrete. Commissioner Enck questioned bomanite's resistance to oil and fuel spills. Mr. Hanson stated oil and gas probably have the same affect on bomanite as it would to concrete or asphalt. Concrete may be more resistant than asphalt but concrete would hold up better than asphalt. President Erickson pointed out that oil leakage on concrete would be more noticeable than it would on an New Hope EDA Page 2 May 26, 1992 asphalt surface. Commissioner Enck stated originally the area was to tie in with the overall scheme of the 42nd Avenue improvements, and the change would allow it to be another ordinary parking lot. He indicated he would prefer holding Autohaus to the original agreement by requiring the bomanite surface but allowing an extension rather than allowing a downgrade. Mr. Oestrich reported that bomanite is $30,000 higher than blacktop and in order to meet the improvement deadline they are planning on paving with a heavy-duty blacktop fabric. He noted in the future, after Color Lab vacates, they may replace the blacktop with bomanite. Commissioner Enck pointed out that "sometime n the future" is not a commitment. President Erickson commented that the presence of Color Lab makes the development difficult. Mr. Oestrich indicated that Color Lab is trying to relocate. Commissioner L'Herault reported when Autohaus entered the original agreement, it was known that Color Lab may extend the lease and yet the bomanite surface was one of the specified improvements. Mr. Hanson interjected that if the EDA is concerned regarding the bomanite being relinquished, perhaps a trade-off-requiring greater green area and shrubbery could be reachedto offset the blacktop. He suggested a review of the site plan. Mr. Donahue informed the EDA that a decision does not have to be made tonight and that the item may be tabled. Mr. Sondrall pointed out that agreement must also be reached regarding the seeding completion date to provide for erosion control. He reported that summer seeding should be completed by June 15th. Mr. Oestrich confirmed that they would have no problem meeting the June 15th date for seeding. Commissioner Enck discussed the southern portion of the work proposed to be completed by October of 1994. He recommended placing a deadline of October of 1993 so that Autohaus does not wait until October of 1994 then request another extension. Mr. Oestrich indicated they are trying to be realistic with the deadlines so that further extensions are not necessary. New Hope EDA Page 3 May 26, 1992 NOTION NEW HOPE TERRACE Item 5 ADJOURNHENT President Erickson conveyed that he personally would agree to additional shrubs in substitution of bomanite. Commissioner Enck pointed out that additional shrubs will require sacrificing vehicle parking space. He stressed that the whole scheme was to make it an attractive facility and vast parking area was allowed in trade for some amenities. He stated he would agree to the blacktop versus the bomanite if Autohaus will commit to a definite time frame. He suggested extending the bomanite requirement no later than 6 months after expiration of Color Lab's lease. Staff was directed to meet with Autohaus to discuss the parking lot surface and to discuss the likelihood of completion of the rear property by October 1994 deadline. Motion was made by Commissioner Otten, seconded by Commissioner L'Herault, to table until June 8, 1992, the request by Autohaus for an extension on their development contract improvements. All present voted in favor. Motion carried. Mayor Erickson announced that Item 5, Consideration of Amendment to Agreement Between City of New Hope and New Hope Terrace, has been removed from the agenda for future consideration. Mr. Donahue commented that this item is unrelated to the recent request by New Hope Terrace to ammend the assessment agreement. Motion was made by Commissioner L'Herault, seconded by Commissioner Otten, to adjourn the EDA meeting as there was no further business to come before the Council. All present voted in favor. The New Hope EDA adjourned at 9:15 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope EDA Page 4 May 26, 1992 REQUEST FOR ACTION originating Department Approved for Agenda Agenda Section City Mana§er EDA ;<~-8-92 Item No. By: Kirk McDonald By: ~t// 4 Management Assistant / RESOLUTION APPROVING ..A/DDENDUM TO CITY OF NEW HOPE DEVELOPMENT CONTRACT WITH AUTOHAUS OF MINNEAPOLIS, INC. The City Attorney has made revisions to the Addendum to City of New Hope Development Contract with Autohaus to address the concerns that were raised at the May 26th EDA meeting. The enclosed revised Addendum contains three (3) revisions: 1. All references to 1994 have been changed to 1993, 2. Paragraph 3.H. has been amended to require the installation of bomanite paving in the front display area within six (6) months of Universal Color Lab's vacation of the property or termination of their lease, whichever occurs earlier, 3. Paragraph 3.J. has been amended to require seeding to control erosion by June 15, 1992. The revised Addendum has been forwarded to Autohaus for review and comment. The enclosed resolution approves the revised Addendum and staff recommends approval of the resolution. / /- Review: Adrntnistratlon: Finance: RFA-O01 ~ RESOLUTION NO. 92- RESOLUTION APPROVING ADDENDUM TO CITY OF NEW HOPE DEVELOPMENT CONTRACT WITH AUTOHAUS OF MINNEAPOLIS, INC. WHEREAS, by Agreement dated April 4, 1991, the City of New Hope (hereafter City) entered into a Development Contract with Autohaus of Minneapolis, Inc. (hereafter Autohaus) and Thomas W. Boettcher, individually (hereafter Boettcher), and WHEREAS, said Development Contract called for completion of certain improvements to the property by April 4, 1992, and WHEREAS, said improvements to the property were not completed, and WHEREAS, the City wishes to enter into an Agreement with Autohaus and Boettcher to extend the time for certain of the improvements on the property, as more ful]y set out in the Addendum to City of New Hope Development Contract attached hereto as Exhibit A and incorporated by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the Addendum to City of New Hope Development Contract attached hereto as Exhibit A is approved in its entirety, and the Mayor and Manager are authorized to sign said Addendum on behalf of the City. Adopted by the Council this day of , 1992. Edw. d. Erickson, Mayor At t est: Valerie Leone, City Clerk CORRICK & SONDRAI,L A PARTNE.qSHIP OF PROFE~ONAL COIAP~RATIONS Eclinbtu'gh ExecuUve Office Plaza 8525 E~llnbrook Crossing Suite #203 BrookJyn P~k, Mtnnesota 55443 TELEPHONE (612) 42S-5671 [:AX (612) 425-58~7 LAVONNE E. KESKE SHARON 0, DERBY June 2, 1992 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Addendum to Autohaus Development Contract Our File No. 99.15025 Dear Kirk: Please find enclosed a revised Aadendum :o City of New Hooe Development Contract with Autohaus that we discussed in our ~une 1st, 1992 telephone conversation. Three changes were made to the contract. First, ali references To 1994 have been changed to 1993. Second, paragraph 3.h.) has been amended to require the installation of bomanite paving in the front display area within six months of Universal Color Lab's vacation of the property or termination of their lease, whichever occurs earlier. Lastly, paragraph 3.j.) has been amended to require seeaing to control erosion by June 15th, 1992. I believe these changes respond to all of the concerns that the Council brought up at the May 26th meeting. Please contact me if you have any comments or require any further changes. Very<.~_u.1 y yours, Steven A. Sondrall slt Enclosure cc: Daniel J. Donahue ADDENDUM TO CZTY OF NEW HOPE DEVELOPMENT CONTRACT Parties. The parties to this Addendum are the City of New Hope (hereafter City), Autohaus of Minneapolis, Inc. (hereafter Autohaus) and Thomas W. Boettcher, individually (hereafter Boettcher). Puroose. This Addendum shall modify the April 4, 1991 Development Contract entered into by the parties. Autohaus and Boettcher acknowledge and agree that they are in breac~ of the performance conditions of said contract and tn consideration for the City's agreement not to immediately pursue its remedies under the terms of the April 4, 1991 contract Boettcher and Autohaus have agreed to enter into this Addendum. Unperformed Conditions. Specifically, Autohaus and Boettcher acknowledge and agree that they have failed to perform all the requirements of paragraphs 2.A) through I) and 3 of the Development Contract. With respect to the work required by these provisions the parties hereto agree as follows: a.) The installation of concrete curb from the most southerly wall of the building northward to the property line shall be completed by October 31, 1992. The remainder of the curbing as shown on the site plan shall be installed by October 31, 1993.' All curbing shall be of a surmountable type as approved by the City. Autohaus and Boettcher shall submit a diagram of said curbing for approval to the City prior to installation. b.) Installation of bituminous paving in the body shop and repair storage area shall be completed by October 31, lgg3. c.) All plantings shown on the site plan north of the buildings most southerly wall shall be installed by October 31, 1992. All other plantings shown on the site plan shall be installed by October 31, 1993. d.) The six-foot opaque security fence around the perimeter of the body shop and collision repair storage area shall be installed by October 31, 1993. The existing fencing shall remain in place until the new security fence is installed. h.) i.) j.) The installation of lighting shown on the site plan shall be completed by October 31, 1992. However, the parties agree that the existing lighting for the cotl,ision 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. All planted areas completed in 1992 will be sprinkled by October 31, 1992. All planted areas completed :n 1993 will be sprinkled by October 31, 1993. The installation of the outdoor trash enclosures will be completed by October 31, 1993. The front display area will be completed by October 31, 1993. However, the parties agree that the installation of bomanite paving will occur not later than six months after termination of Universal Color Lab's existing lease or vacation of the property by Universal Color Lab, whichever occurs earlier. The parties further agree that during the interim period the front display area can be paved with concrete and bituminous· The islands in the transport lane area will be installed by October 31, 1993. The public improvements for storm water drainage and erosion control required by paragraph 3 of the Development Cont-ract must be completed in conjunction with the construction of the bituminous paving in the body shop and repair storage area. Autohaus and Boettcher acknowledge and agree said bituminous paving will not be allowed unless the drainage and erosion control work is completed simultaneously with the paving work all to be completed no later than October 31, 1993. However, Autohaus and Boettcher will complete seeding of this area by June 15, 1992 to minimize the erosion until the drainage improvements are constructed. Effect of Addendum. The parties agree that this Addendum shall not change the other provisions of the April 4, 1991 Development Contract which shall remain in full force and effect. This Addendum shall be construed as supplemental to and not inconsistent with the Development Contract. The parties further agree that a breach of this Addendum shall also constitute a breach of the April 4, 1991 Mortgage, Security Agreement and Fixture Financing Statement given by Boettcher to secure the April 4, 1991 Mortgage Note executed 2 by Boettcher. Autohaus further agrees that assignment of the Certificate of Deoosit given as financial security to insure performance of the Development Contract shall also extend to the herein Addendum. Dated: CITY OF NEW HOPE By Its Mayor Dated: By Its City Manager Dated: AUTOHAUS OF MINNEAPOLIS, INC. By Its President Dated: Thomas W. Boettcher, individually STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of , 1992, by Edw. J. Erickson and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public 3 STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this , 1992, by President of Autohaus of Minneapo]is, Inc., corporation, on behalf of said corporation. day of , the a Minnesota Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of , 1992, by Thomas W. 8oettcher, individually. Notary Public LF.,A$ING · $,4I, F,5 / FOREIGN AND DOMESTIC A [,'TOMOBILZ$ Audi March 18, 1992 FORD NISSAN HONDA City ,.~f New Hooe 4-~0i Xylon Ave. N. New HoOe, MN 554?7 SuOject: DeveloomenC Contra,:= [mOrovemen=s Dear Dan an= Kirk: CHRYSLER BMW MERCEDE$ The c:ate of Aoril 4, l'~gi was =~e ~a~e of final a~oroval our exoansion olans. As of ~c,~ay, Marc~ 18, 1992, al~oug~ ~elays an~ economic ~imes have cause~ an of one year to ~e necessary. We ~ave demolished =~e old Animal imQrove~ ~e 42nd Avenue ao~earance. Delays in ~o :::. doing a Qrac~ icl .fire and an ear ly snow cover ~ave al s: ,:,:,nCri0uCe~ Co our need for an extension. VOLVO ACURA TOYOTA Auto~aus fully in~ends to finis~ these lmOrovemen~s in a ~imely manner ¢onsl~lFi~g ,our .:aoaoil to Qay as we go for lmOrovemen~s. Au~o~aus ~as .:ons~ru.:~i :- money se~ aside for ~o area's imorovemen~ ~u~ ~e :: some Auto, dUI will ~o i~self. The hex= s=age is ~o ca.~ a~ress ennancing =ne view from 4~n~ Avenue. POR$CHE on March 23rd and exr:lain ,=ur JAGUAR -' ' ~ for an IXtl~i,i,n ' ' , 7709 4,end Avenue .~orzlJ * Min,',eapolis. MN 5542? * (612) 555.5;'07 Rar¢~ 9, ~992 Mr. Thomas 9eeC=char, Presiden= Au=ohaus of Minneapolis, Inc. ??09 ¢2nd Avenue Nor=A New ~ope, M~ 55427 DEVELOPMENT CONTRACT IMPROV~ENTS On April 4, 1991, Au=ohaus, Inc. and =he Ci=y of New Hope execu=e: a Developmen= Con=fac= regarding specific improvemen=s =o =o =he Au=oAaus proper=y, i.e. ins=alia=ion of con=rare curB, soaping improvemen=e, paving and ligh=ing improveman=s, =ion of storm water drainage improvemen=s, and =he removal of =he Animal Hospi=al building. ~aragrapn 2, page priva=e improvemen=s as shown on Feb=usry ?, 1991 revised plan...wi=Ain one year from =he dare of =his agreemen=, ex=ap= =his period of rime is lx~cended by resolu=ion of =he Ci=y April 4, 1992, will mark =Al end of =he one year period and car=aim improvemen=e have been comple=ad, ochers ~ave improvemen=e by =~e Ap=il 4, ~992, deadline, you s~ould ex=ension of rime from =~e ¢i=y Council prior =o =he dace. The Cl=y Council heX= mee=s on Marc~ 2~rd and mee=ing in April is on ~.~e 13=h, so I would s=ronqly if you pl,n on r~ee=ing ,n ex=ension of rime on =~e ma~inq imp=ovemen=s, =~a= you do so a= =~e Marc~ 23=d Council ~ would recommend =ha= you follow =Aa same procedure =ha= =he ~-- Code ou=lines for zoning procedure ex=ens~ons. The code =ha= "pe=£=£on for ex=ans£on shall be made in wri=ing and The peri=ion shall include a sca=amen= of fa=rs explaining --~ circums=ancee neceisi=a=ing =he ex=enlion". If you are going -- su~mi= a peri=ion reques=ing an ex=ension and wan= =o ~ave considered a= =he March 23rd Council mee=ing, please su~mi= --~ peri=ion =o =he Ci=y by March lS=A so ~na~ youx re=pAss= can included on =Am agenda. F'amit, y Styled City ,.~,, , . ,,., -2- $incerelT, Kirk McDonald Managemen= Assis=an=/Communi=y Developmen= Coordina=o= ~'n¢ 1: Excerp=/Ci=y Code Davelopmen= Agreemen= CC: Dan DonaAue, Ci=y Manager S=ave Sondrall, Mar~ Hanson, Ci=y Engineer Doug Sands=ad, Building Official Valerie Leone, Ci=y Cler~ Thomas Oes=re£¢A, Au=oAaus P=oJec= File S)BT.~OO.OO loam ev~:encl~ :7 a wort;a~e ~ote:atec ~/,/~. /%%/ :e¢~are a~ ~a~ Or~¢~mal an~ accrue~ '~terest 0~ t-e ~orovements, ano ~ne Oevelooer ~s :es~rous of =rocee=~ at one yea~ f~om :~e ~a~e of ~n~s a~reeme~, excec= as --.~ ., .C &~ ~tO&l~ s~orage a~ea aa shown on :~e s~:e 3' O.C. ii. soac~g 3' o.:. of ~rooer~y, $1zl 1~", so&el&1 3' o.c. 38 ~flc~ 0o~. $oac~ng 15 fee~ o.c. ~3:~ V1. of ou~la~ng, s~:I 2.5'. v~i. 29 Austrian ~lne to ~rop®rty t~ne on Count~ K~cnen ~roper~z, size/root 6' Installation of slx Foot opaque security fence (chain link wlt~ 0ar~ed wire) arouno oerlmeter ~f cody shoo and collision repair storage area as shown on site plan. Installation of white sodium vapor wall l~gmts arc Freestanding overnead lights as shown on %ne s~%e 01an. The overhead light ~oles shall mat:r existing City street ligmtlng. Installation of .accepta01e automatic systems in all planted areas. Installation of outdoor trash emclosure on south s~a of Ouilding constructed of 5 foot Olock wall 0dinted tO mato~ ~ullding. Installation of ~omanite paving in Front display area am shown on s~te 01ant. Cone%ruction of four paintad islands in Tranapor~ Lane area as shown on the site ~lan. the site will comply in all respects with the terms, conditions arc regulations of the Naw Hope City Code. Thesa conditions tnclu~e Out are not limited to, compliance with the following: All set~ack provisions of the zoning code and more all ~arking an~ storage areas and driveways from Tha~ &ll $ignage on t~e site fully comply with the sign code. Tha~ all on-site parking requirements of co~e are fully complied w~t~ and more specFicall7, t~&~ & minimum of 81 parking spaces are provlOeo. t~a: 3 handicapped parking stalls are provided an t~e eaI~ side of the 0uilding and 2 parking=spaces are provided on the west side of the Ouilding, that all Oarking areas Om orooer~/ striped with the exception of tho display area and southeast cor~er o* ~e :~:oer~¥ ~ t~a~ .se all sales/least,g/rental ~m~oors an4 ay :ne au~l~lng O~c~al an~ ~re Cn~e~. s~ace cNrren~l¥ ~elng occNo~e~ ~ universal Lae~rat~riem an~ tna~ usam the exo~rat~om of '-s lille Or &fly oD:iOnS tO renew Sill lease, ~evelc:e- w~ll coflltru¢: or ~morove the Orooerty S~owroQm Inl lilllly aria al shown on front of sai~ area will not 12, 1390 Paving, aral3ng, Ora~nage an~ Erosion Control are nlceSlary for aaeauate ~rainage Ina erosion control ac Site, Oevelo~Ir ~urc~er agrlel tO osmolite any ~morovements 4, ~orK or F~r~Snl~g sK~ll, ~O01S, machinery Or maCer~&ls, or =metier. w~eC~lr or nec ~ne C~Cy small ~lve a~rovea wor~ :o =e merformea nereunaer. :me ¢~Cy may, =erform ~e sa~a work ama. one Oevelomer small ~romoCly re,mmv-==, -_ Oeve~oaer ~s f~rsC given written noc~ce Dy un~cea ~e work ~n aeCaulC ama reau,rea :o De acme Dy ~e Oevel~mer. 'ess cnan &8 ~ouro Oe~ng g~ven cnereOy ~o cna oevelomer :o remc.e reau~remen~ Co cee Oeveloger small ~e an~ ~ereOy ~s w&lvla 'n '-~ entirety Dy C~o Olvelooer, ama ~me OtvllOOtr snal3 C?:y Foe iffy exoenoe so ~mcurrea my ~ne C~Cy Tn cna same manner ~, ~a,]ea no~ce aO aeacr~oea mere~aefore naa ~een ?. T~e Oevelo~er agrees to reimburse an~ attorney's Fees. 90n~ al uses herein small also ~mclu~e amy ty~e agreement or security acceOtea Oy the C~ty. ta~e action to ~raw uoom the oon~ to enforce tn~s agreement a~ter wor~ ama oeymenC For sam~. Tmese arovls~onl smell se aool~caole t: tn~s agream~m~. 3. The Oevalooer ~mconaitionelly guarantees to mater~al, Faulty war,mananas, or any otmer ~a~l~re whether or no~ all or any OarSman of the euOa~v~s~o~ $on~ s~'' nave mean releases Dy ~ne C~y. ~0. The Oevelooer small clear amy so~l, earth or the s~ree~e ree~l~ifl~ ~r~ ~u~la~ng on the lama w~tn~n excavation ~e)ril or l&r~, ina rlOllr any ~emegl to s~rFaclm9 rtlul~iflg *rom ~ne same caulll. ~stell a~d coniCruc~ any worw or ~mmrovememtl requ~rs~ oaragraom 3 tO Oe maGI Dy emi Oeve~omer, ama the Oevelooer Agreement Oy the Oevelooer small me grounaa For aen~al age.ts a~ successors ~ t~tle. ~a~e~ oy :ne C~t/ t~ t~,s a~ress s~al' :e ~ew Hooo,_ ~N ~one: (6~2) 535-6707 eso.eo ~ee: easler~/ ~-:m :ne -es: :~arte, sa~ ~ec~n ~? is ~easure~ along sa': -:~- ~es~erlx along sa~a ~os~ ~or~nerly ~e ~o ~etance ~f $.00 fea~; thence ~out~arl¥ ~aral'e' w~ ~e eou~erl¥ ex~aflalon of the eeet l~e 9; ~nence-eastsrl¥ ~&rallel w~tn sa,~ ~,ne to ~s intersection w~n sa~ ~na '~"; beginning. ~h&~ O&r~ O~ ~O~ 9, "Aual~or'e Subaivision 32&, HeflneOln County, Minnesota" ~escr~e~ followl: Commeno,ng l~ t~e lntlrsec~lo~ O~ ~ereinaf~er referrea to aa b~ne "A" De,rig a l~e arawn fr~m I Doin~ on the Sou~n l~ne of sa~a ~ot ais~an~ ese.es fee~ Eaaterly from the wee~ quarter corner of Section 17, ?ownan~o 118, ~ange 21 as meaeurea along alia Sou~n line aha ,ts weeter~ tx~lnOiOfl tO I ooifl~ Off Ilia ~IQl~ Northerly l~e Lo~ 9 aia~an~ 053.30 fee~ Eaa~erly from the ~ine of Ilia Section ~7 aa measures along ella mcat northerly line Ina i~I Wel~lrly extens,ofl: westerly along alia m~a~ Northerly 1,ne a su0aiv~e~ NumOer 324, Heflfleo~n Minfle~a"; ~eflce Southerly along ~ne Eaa~ l~me ~n~ laeCerly ~arallel wi~n the ~neflce Northerly along sa~a ~ne "A" ~o Sou~n line of Lo~ 7; ~nence wee~erly along ee parallel w~n sa~ ~ne "A" ~om ~ne actual U~ne "A" ~O ~ne actual Ooln~ of ~lrlgrlO~ 2 irt ii followi: Oevelooer shall coI~ of aemol~:~on &ne ~em~val shall ~e ~ne ~:e Preliminary Pla: &OOroval and Cona~c~onal use reeOoc~voly. Dlrlgrll~ 3 Two agreee Co =y :no Oovelooer, and snell ~e ~n :re form of: / / / / Zrrev~cable Le~Cer of CredO: for one year. ¢t:y :hereafter. / / / X / CorooraCe Surety ~nd. Developer, requee~ :na~ :ne City Engineer evalua:e cna wor~ 9 an~ ~ne amoun~ of ~o~ ~ay Oe ~e~uce~ ~y ~ ~ar~el &grtl ~a~ ~ormal ac~o~ ~ake~ ~7 ~e C~/ ~n~ally se~ ~ere~n $nall ¢ona~,~u~e suf*~c~e~ ~0 ) ~. COUNTY Off HENNE~N ) ,~-- NO~&~y ~1~ STATE Off MINNESOTA COUNTY OF HENNEPIN clay of /(,~?/. / , i':Jg/ , Oy . · ) ) ) 11 REQUEST FOR ACTION originating Department Approved for Agenda Agenda Section City Manager EDA ,~8-92 Item No. By: Kirk McDonald By:// 5 Management Assistant DISCUSSION REGARDING CITY-OWNED PROPERTY AT 7305 42ND AVENUE NORTH - ALL STAR SPORTS/VALVOLINE RAPID OIL CHANGE Mr. Jerry Norman, owner of All Star Sports, and Mr. Robert Baldwin, realtor for Valvoline Rapid Oil, were both in attendance at the May l lth EDA meeting in regards to the City- owned property at 7305 42nd Avenue. The EDA indicated to Mr. Norman that if he was interested in expanding his adjacent business onto the vacant parcel he should be prepared to make a formal proposal to the EDA within 30 days. Norman will be making a presenta- tion at the June 8th EDA meeting regarding development on the parcel and has prepared the enclosed preliminary plans (site plan, floor plan, and elevations) showing expansion of the existing All Star Sports building. A formal purchase offer on the property has not yet been presented to the City, but it is anticipated that an offer will be forthcoming prior to Monday nights meeting. MOTION BY SECOND BY Review: Administration: Finance: RFA-O01 l~ ALL "$TAFI"~PORTS' ADDITION PRELIMINARY" SITE" PLAN ,! ealty 4025 WESTI~ROAOWAY ROBBINSDALE. MINNESOTA 55422 5334623 January 31, 1992 Mr. Kirk McDonald City of l~ew [{ope 4401 Xylon Ave. North New Hope, Minnesota Re: City-owned property 7305 42nd Ave. North Dear Mr. McDonald, Please find enclosed a letter of intent from Valvoline Oil Change, Inc. executed by Mark Z. Segal their real estate representative. It is our understanding that the purchase price of Seventy Five Thousand Dollars ($75,000.00) includes a comission of 7% payable to Baldwin Realty Company at the time of closing the sale. If the City of New Hope wishes to enter into a purchase agreement with Valvoline please let me know at your earliest convenience. Veuv~rubv v. ours, , R~bert L. Baldwin RLB/do VALVOLINE INSTANT OIL CHANG ,.i'a:'mary 28, t992 ./ This letter shall serve r.o not. ify rho, t. ?apid Oil Ckauge, !':'~c. i,~ interested in the Fur:2nase ~.:z ..h~ aocve c.3. pticnedp-~.-.~.~..rt, y, ,~ .......... imaged =..,r,,ha=..= ice ::,~ seventy ,.,,. ($75,050). Based <,n ~erms and condit, ion$ se% f::;r~h in cur ~'' A,~h:,.~nd '-'il, r,-,., r. .... '.-i ints letter shall no*,., bind v=~.,~.,,.,..,,~,.,..., .... ,., . ........ , ae~., Inc. or by any person given i~s Pouer of A~orney. , / Sincecely, ~ / ,,' / / Mark ~e~al " =' ' Es Representative January 21, 1992 Mr. Robert Baldwin Baldwin Realty 4025 West Broadway Robbinsdale, MN 55422 Subject: CITY-OWNED PROPERTY AT 7305 42ND AVENUE NORTH VALVOLINE RAPID OIL CHANGE Dear Mr. Baldwin: As a result of your December 18, 1991, correspondence to City Manager Dan Donahue, regarding Valvoline Oils continued interest in the city-owned property at 7305 42nd Avenue North in New Hope, the Economic Development Authority again discussed the issue at their January 13th meeting. I have enclosed the minutes and staff reports from both the November and January meetings for your information. The EDA directed staff to formally contact Ail Star Sports, to inform them that Valvoline Rapid Oil is interested in acquiring the property at 7305 42nd Avenue North, and to request a response as to their intentions to develop the property. If Ail Star does not intend to pursue an expansion on the property, then the EDA is willing to give serious consideration to the proposal by Valvoline Rapid Oil. A copy of the correspondence from the City to All Star Sports is enclosed for your information. In conjunction with formally contacting Ail Star Sports, the EDA also requested that staff pursue discussion with Valvoline Rapid Oil t~ determine what amount they would be willing to pay to acquire the property. If the offer is in the range of the most recent appraisal, which is four years old, then the City may proceed to have the appraisal 'updated to determine the current fair market value. If the offer is act in the range of the previous appraisal, then the City will probably act expend the funds to have the appraisal updated. You may want to pass t~s information on to Valvoline Rapid Oil and formulate a preliminary offer :n the property. I would anticipate that the City will be hearing from AiL Star Sports within the next several weeks. Please contact Dan Donahue or me if you have any comments or quest~:?s regarding this issue. Sincerely, .- Kirk McDonald Management Assistant/Community Development Coordinator Enclosure: Minutes/Staff Reports cc: Dan Donahue, City Manager Doug Sandstad, Building Official Steve Sondrall, City Attorney Valerie Leone, City Clerk ~ ~ Mark Segal, Valvo~c~~-~ ~ ~ For Family Living January 21, 1992 Mr. Jerry Norman c/o Ail Star Sports 7321 42nd Avenue North New Hope, MN 55427 Subject: CITY-OWNED PROPERTY AT 7305 42ND AVENUE NORTH Dear Mr. Norman: This letter is intended to inform you that Valvoline Rapid Oil Change, Inc. has contacted the City and is interested in pursuing the acquisition of the vacant City-owned parcel at 7305 42nd Avenue North adjacent to your property for the construction of an oil-change facility. Rapid Oil made a presentation to the New Hope Economic Development Authority on November 25th and this subject was discussed again on January 13th. I have enclosed copies of the meeting minutes and staff reports for your information. Over the past several years the City has informally discussed with you the possibility of expanding your building onto the adjacent vacant property and the City Council is still interested in that concept. However, if you do not intend to pursue an expansion on that property, then the Council is willing to give serious consideration to the proposal by Valvoline Rapid Oil. The City would like to see the property developed within the next year. The City Council has directed the staff to formally contact you, explain the situation, and encourage you to respond if you have intentions to develop the property. The City can then respond in an appropriate manner to the offer from Rapid Oil. Please review the enclosed material and contact Dan Donahue, City Manager, or me regarding this matter so that the City clearly understands any future plans you may or may not have for the property. Sincerely, [irk McDonald Management Ass£stant/Coamu~ity Development Coordinator ~/lb Enclosure: Minutes/Staff Reports Dan Donahue, City Manager Doug Sandstad, Building Official Steve Sondrall, City Attorney Valerie Leone, City Clerk ~%D.3~O~ Ail Star Sports ~tldflilSWied C~ ~G,~:~' For Family Livin[ 1'4 I-1 REQUF_ T FOR ACTION Originating Department Approved for Agenda Agenda Section IDA City Manager 6-8-92  Item No. By: Dan Donahue By: 6 RESOLUTION AUTHORIZING AND CALLING FOR A CLOSED MEETING OF THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY This resolution authorizes the EDA to hold a closed meeting. Discussion is concerning the pending lawsuit involving the Paro's Pub condemnation (42nd Avenue Redevelopment Project #431). MOTION BY (~~ SECOND BY Review: Administration: Finance: RFA-O01 ._T U t--I -- 4 -- 'B 2 T H U 15 : 26 CORR I CK & $ONBRAL~ EDA RESOLUTION NO, 92-~ RESOLUTION AUTHORIZING AND CALLING FOR A CLOSED MEETING OF THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY WHEREA____~S, Minn. Stat. §471.705, Subd. l(d) authorizes and permits the New Hope EPA--to hold a closed meeting to discuss City issues and information protected by the attorney-client privilege, and WHEREAS, the New Hope EPA 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 WHER,EA~, specifically the EPA iS a party to a lawsuit commenced pursuant to Minn. ~?at. Chap· 117 identified as H-ennepin County District Court File No. CD - 2075 for the purpose of acquiring right-of-way for the wtdenin9 of County Road 9 known as 42nd Avenue North, and WNER._~EA_.~S, a closed meeting of the New Hope EPA is necessary to consider the acceptance or rejection of ~ settlement offer/proposal and to consider various legal strategies for the continued prosecution or defense of said action. NOW, THEREFORE, BE IT REgOLVED by the Economi~ Development Authority in an~ for the City of New Hope as fotl.ows: That a closed meeting of the New Hope EPA shall be held on June 8, 1992 immediately following the adjournment of the regular meeting of the New Hope City Council, or adjournment of the regular meetings of the New Hope EPA or HRA in the event said public bodies have a regularly scheduled meeting on said day, at the New Hope City Council Chambers. That the purpose of the meeting shall be the discussion of settlement alternatives and prosecution/defense strategies in connection with litigation of Hennepin County District Court File No. CD - 2075, That said meeting shall not be open to the public. That the New Hope City Clerk is hereby directed to tape record the closed meeting and preserve the tape recording for a period of two years from the date of the meeting, "~ U N'-- 4 -- 9 2 T H U CORR I CK ~ $ONDRALL That the New Hope City Clerk shall prepare, a written roll of the members and all other permons present at the closed meetin9 and make said roll available for public inspection upon adjournment of the closed meeting, Adopted by the Economic Development Authority in and for the City of New Hopm this day of __, 1992. Edw. J, Erickson, Chairman At t est: Daniel J. Donahue, Executive Oirector ~_T IJ N -- 5-- 9TM~Z DR I CORR I CK ~ SONDRALL CORR~CK & SONDRALL ~inb~ ~cuUve O~ce Pl~ 8525 ~mb~k C~sing Suim ~203 B~ Park, M~neso~ 55443 ~Ax (s~ ~5.~1 ~IHAIqON D, DI/F~$Y June 5, 1992 Mr. Daniel d. Oonahue City Manager city of New Hope 4401Xylon Avenue North New Hope, MN §5428 RE: Paro's Eminent Domain Lawsuit Our File No: 99.64318 Dear Dan: David Lasky's attorney has made an offer of settlement of $93~000 in connection with the referenced case. This is a reduction of $5,000 from their previous offer of $98,000. This case has been going on for 4 years. If you recall, the condemnation action was started in April, 1988 and we took possession of the property in July, 1988. The case has gone through a valuation hearing in 1991 and the Commissioners awarded Leaky $90,500 on June 14, 1991. This award is itemized as follows: $40,380.00 - 40,620.00 - 500..00 - value of land permanently taken for street right-of-way and utilities severance damages to the remaining property due to the taking statutory reimbursement of appraisal fees $90,500. O0 - Tot al Pursuant to Minnesota Statutes, we have already paid Leaky $68,000.00 against the award. We currently owe Leaky $22,500.00 plus $17,871.75 in interest for a total of $40,371.75. Also, interest continues to accrue at $4.375 per day. Acceptance of the current offer would require a payment of $25,000.00. This is a reduction of $15,371.75 from the $40,371.75 we now owe Leaky per the award. 1 0 : 42 CORR I CK & $ONDRALL P . 0~ Daniel J. Donahue June 5, 1992 Page 2 Since we last discussed this issue in September, 1991, Lasky has obtained a $150,000 judgment against his former tenants, Rosen and Blumenthal. The significance of this judgment to our case is the elimination of Lasky's claim that our abandoned "total-take" condemnation action prevented him from renting the property. Lasky had a lease with Rosen and Blumenthal through 1998 that was upheld therefore he can no longer make this argument. ' Second, I think the Commissioners were incorrect in not considering the property we vacated as part of the Nevada realignment as an offset against the damages for the land taken to widen 42nd Avenue. Actually, the Paro's site is now larger than it was before the pro~ect, However, we still have a sizable utility easement over the vacated property making that land less valuable than the land taken along 42nd Avenue. As a result, I think the Paro's site has been damaged but not to the extent claimed by Lasky. We probably need to update our own appraisal to get a better handle on this issue. Unfortunately, there is an unresolved legal issue regarding the vacated land which renders its utilization as an offset to damages questionable. Specifically, one school of thought holds that if the right-of-way vacation does not occur prior to the City's possession on the quick--take date, it cannot be considered as an offset. Since we did not vacate the right-of-way until 1991 or 3 years after our July, 1988 possession date, the right-of-way vacation cannot be used as an offset under this theory. The other and better theory holds that if the vacation occurred before the Commissioners' award it can be' used to offset damages. In our case, the right-of-way vacation did occur before the date of the Commissioners' award. The Commissioners followed the first school of thought which ! believe is contrary to Minnesota case law. Specifically, in the Minnesota Appellate Court case of ~ity_of Chisago..Ci~¥ v. Holt, 360 N.W.2d 390 (Minn. App, 1985), the'court held all offsets should be determined as of the date of the Commissioners' award and not the quick-take date. As a result of this case, I think the Commissioners erred by not offsetting the value of vacated land against the damages award. Our upside risk in this case is probably $197,OOO. If Leaky is completely successful, he could anticipate a judgment of $150,000, additional interest based on the judgment of $37,000 and litigation costs of $10,OOO. Our downside potential on the other hand may be Zero if we receive a 1OO% setoff from the vacated right-of-way due to the Nevada Avenue realignment. My recommendation is to give Lasky no more than $22,500, bringing our total payment on this file J U ~4 -- 5--92 F R I I 0 = 42 C 0 R R I C K ~ S 0 N I) R A L L Dsntel J. Don&hue June 5, 1992 Page $ tO $90~500 or the amount of the award and no more. I do not believe a jury will award Lasky more than the Commissioners' award in thts case. By trying the case our real risk is probably the daily interest cost, $4.3?6, Lssky's litigation costs estimated at $10,000, and our own litigation costs and attorney's fees, If Lasky will not take the original award, this is a potentially winnable case from the City's merspeftive. Very truly yours, Steven A. Sondrall slf3 cc: Kirk McDonald