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CONSIDER LEASE PROPOSAL FOR 7157 HIGHWAY 10 NW FOR OUTDOOR SALES OF <br />ACCESSORY STRUCTURES IN THE OFFICIALLY MAPPED AREA <br />By: Tim Gladhill, Associate Planner <br />Bill Goodrich, City Attorney <br />Background: <br />As Council is aware, the City has purchased the property located at 7157 Highway 10 NW, the former <br />Holiday gas station and convenience store, through the Right -of -Way Allocation and Loan Fund (RALF) <br />Program. The City has received a lease proposal for the Subject Property from Justin Stevens, representing <br />Dean's Sheds for $1,000 per month. The timeline for the term of the lease is negotiable, and Mr. Stevens <br />appears to be looking for a short term lease. The proposed hours of operation would be 7 a.m. to 8:00 p.m., <br />Monday through Friday. The proposed lease is for the parking area only, not the building. If the proposed <br />use were not to exceed 60 days, a transient merchant license could be issued to authorize the proposed use. If <br />the proposed use is to exceed 60 days, the lessee would need to lease the building portion of the Subject <br />Property in order to make it the primary use and satisfy zoning requirements. <br />The proposed lease itself will need to be revised and reviewed by the City Attorney as to proper form. The <br />revised lease, should City Council direct Staff to proceed forward, shall include terms related to the amount <br />of square feet leased, specified term, property tax payment, and insurance responsibilities. All items for <br />display for sale will need to be stored on an appropriate surface (paved areas only). The proposed lessee may <br />be entitled to relocation benefits, depending on the term of the lease. Other items to note include that all lease <br />revenues generated from the lease will be remitted to the RALF Program, administered by the Metropolitan <br />Council. In addition, Staff is seeking direction from the City Council as to whether or not the City Council <br />feels the aesthetics of a primarily outside sales use of small accessory structures is an appropriate use in this <br />area. Total taxes due for 2010 are $27,447.75 which the lease does not recoup property taxes for the parcel. <br />Recommendation: <br />Direct Staff to negotiate a lease for the property located at 7157 Highway 10 NW. <br />Funding Source: <br />Case # di <br />• <br />Review of the proposed lease is being handled as regular staff duties. Funding for purchase of the Subject <br />Property came from the RALF program. <br />Council Action: <br />Motion to direct staff to negotiate a revised lease for the property located at 7157 Highway 10 NW, based on <br />the provisions listed above and subject to City Attorney as to legal form. <br />Review Checklist: <br />CC: 04.13.2010 <br />Attachments: <br />City Administrator <br />Deputy City Administrator/Director of Community Development <br />Planning Manager <br />a) Request from Justin Stevens <br />b) 2010 Property Tax Information <br />