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HomeMy WebLinkAboutCCMin_03Oct08CITY OF FALCON HEIGHTS COUNCIL MINUTES October 8, 2003 Mayor Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom and Richard Talbot Also present: City Administrator Heather Worthington, City Attorney Matthew Foli and Deputy Clerk Mary Shea Kodluboy COMMUNITY FORUM: There was no commentary from the audience. PRESENTATION: City Prosecuting Attorney Martin Costello – DWI Law Prosecuting Attorney Martin Costello gave a brief overview of Minnesota’s DWI laws and answered questions from the City Council. APPROVAL OF MINUTES: The Council minutes dated September 24, 2003 were unanimously approved as submitted. PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: Kuettel moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved. General Disbursements through October 3, 2003 in the Amount of: $ 167,517.93 Payroll (9/16/03-9/30/03) in the Amount of: $ 11,360.94 2. Appointment of Election Judges for the November 4, 2003 Municipal Election – RESOLUTION 2003-18 3. Personnel Compensation Policy 4. Administrator Expenditure Limit – Increased from $1,000 to $5,000 5. 2003 Sidewalk Improvement Bids – Bailey Construction, low bid of $7,660.00 Stipulation Settlement for Keller Corporation for Transfer of Property on Northeast Corner of Snelling and Larpenteur Avenues FALCON HEIGHTS CITY COUNCIL MINUTES -2- October 8, 2003 POLICY AGENDA: Mayor Gehrz said there were two items that needed to be added to the Policy Agenda for discussion purposes this evening: H5: Approval of Stipulation Settlement with Pizza Hut, and H6: Approval of Expenditure to Repair Related to Fire Truck 757, Aerial Apparatus. Resolution of Support for Sherman and Associates to Seek Funding from the State of Minnesota Tax Base Revitalization Account Administrator Worthington said that Sherman Associates is applying to the Metropolitan Council for funds to offset costs related to asbestos abatement and soil contamination on the SE Corner. This funding is available from the Department of Trade and Economic Development, and the project is eligible to make application because the City is a participant in the Livable Communities Act Housing Incentives Program through the Metropolitan Council. Earlier this year, Sherman Associates applied for funding from the State’s tax base revitalization account for this project and came in second. In response to a question from Council member Talbot, Administrator Worthington said that the State’s tax base revitalization account encourages the redevelopment of environmentally problematical properties. The grant, if approved, will cover part of the cost. Council member Lindstrom asked about a paragraph within the resolution that states Sherman and Associates is applying for the funding on behalf of the City. Administrator Worthington said the City will be the “pass through”. RESOLUTION 2003-19 Talbot moved adoption of Resolution 2003-19 authorizing Sherman Associates to submit an application to the State of Minnesota Tax Base Revitalization Account, on behalf of the City of Falcon Heights, for funds for a clean-up project within the City that meets the Tax Base Revitalization account’s purpose/s and criteria. The motion was unanimously approved. Resolution Authorizing Staff to Request Financial Participation in the Curtiss Field Improvements from the Minnesota Department of Transportation Administrator Worthington said that portions of Snelling Ave. (State Highway 51) drain into the pond at Curtiss Field, making the Curtiss Field project eligible for the Municipal Agreement Funding Program. The MN DOT submittal package requires a Council resolution approving the request and committing to making the improvements, if awarded the funds. The City’s consulting engineers, Howard R. Green, are preparing engineering documents that will be submitted as a part of the application. This project will begin in early 2004. FALCON HEIGHTS CITY COUNCIL MINUTES -3- October 8, 2003 Resolution Authorizing Staff to Request Financial Participation in the Curtiss Field Improvements from the Minnesota Department of Transportation (continued) Council member Talbot asked if Howard R. Green found this potential funding source for the City and Administrator Worthington said that they did. They contacted MN DOT and MN DOT encouraged the City to apply. Council member Lindstrom said that a resident living on Snelling told him that Snelling used to flood before the current stormwater drainage system was constructed. Mayor Gehrz asked how much money might be available to the City. Administrator Worthington said the funding amount will be determined by MN DOT. RESOLUTION 2003-20 Kuettel moved adoption of Resolution 2003-20 authorizing staff to request funding from MN DOT, through its municipal agreement program, for the rehabilitation of Curtiss Pond. The motion was unanimously approved. Release of Development Agreement on One Lot of the Bullseye Redevelopment Administrator Worthington explained that construction of the new Dino’s restaurant includes a land-swap between Dino’s and Wellington Management, the owner of the Falcon Crossing shopping center property. Since the shopping center was subject to a Development Agreement when constructed, the parcel that is being swapped needs to be released from the Development Agreement at this time. Council member Lindstrom asked if the Embers property is part of the Falcon Crossing TIF District. Administrator Worthington said it isn’t, but it is part of the Development District. She said the TIF District for the Falcon Crossing shopping center property is a 25 year district. The developer/owner started receiving TIF funds in 1986 and the City can decertify it in 2007. About every two years, the City has Ehlers do a complete TIF review of its two TIF districts to make sure they are in compliance with State standards. Council member Talbot asked Administrator Worthington if she would explain TIF districts because some members of the public are confused and think that TIF districts don’t pay taxes. Administrator Worthington said that all taxing jurisdictions, i.e. City, School District and County, etc., continue to receive taxes on property within a TIF District at the tax rate established prior to creation of the TIF District. Once the TIF District is established, the increment generated over and above that prior tax rate can go back to the developer for the life of the TIF District. FALCON HEIGHTS CITY COUNCIL MINUTES -4- October 8, 2003 Release of Development Agreement on One Lot of the Bullseye Redevelopment (continued) Lindstrom moved approval of the release of one lot in the Bullseye redevelopment from the development agreement between the City of Falcon Heights and Bullseye Golf Centers, Inc., that was filed with the Ramsey County Registrar of Titles Office on November 15, 1984, as Document No. 768258, and refiled with the Ramsey County Registrar of Titles Office on December 11, 1984, as Document No. 769752. The motion was unanimously approved. Amendment to Assessment Agreement Administrator Worthington said the City has an assessment agreement in force on the Bullseye Redevelopment dating from the early 1980’s. Because of the land-swap, this agreement needs to be amended to eliminate the parcel referenced earlier in this meeting. In response to a question from Council member Kuettel, Attorney Foli said the proposed document has been circulating for several months. The authorizing signatures on behalf of the City will have today’s date. All parties have agreed to the document and the County will be signing the document last. Kuettel moved approval of the amendment to the assessment agreement dated September 19, 1984 filed with the Ramsey County Registrar of Titles on November 15, 1984, as Document No. 7668257, and refiled on December 11, 1984, as Document No. 7669751, to modify the legal description attached thereto to include the New Parcel, rather than the Release Parcel. The motion was unanimously approved. Approval of Stipulation Settlement with Pizza Hut Administrator Worthington said that late today, the attorneys representing Pizza Hut, Sherman Associates, and the City’s law firm, Campbell Knutson, completed the stipulation settlement for Pizza Hut. Sherman Associates, Inc., and Sky Ventures, LLC (dba Pizza Hut) have signed a letter of understanding outlining the conditions in the settlement agreement. Pizza Hut has agreed to relocate to the new multi-family building to be built on the corner of Snelling and Larpenteur Avenues as part of the Town Square redevelopment. The City must approve this agreement before the parties can sign it and complete the deal. Attorney Foli explained that there are four parties involved with this: The City, JEMJAHS No. 3 Partnership, Falcon Heights Town Center Limited Partnership, and Sky Ventures, LLC, owner of the Pizza Hut franchise. The City is party to this because Pizza Hut is willing to release the City and this takes care of all of the outstanding issues with Pizza Hut. FALCON HEIGHTS CITY COUNCIL MINUTES -5- October 8, 2003 Approval of Stipulation Settlement with Pizza Hut (continued) Council member Talbot asked if Pizza Hut owns the land. Will this change if Pizza Hut decides to not relocate? Attorney Foli said Pizza Hut doesn’t own the land (they are a tenant), and if they decide to not relocate, that is not covered in this document. Council member Lamb said the City is the pass through owner. Administrator Worthington said there is a provision in the agreement that stipulates that Pizza Hut/Sky Ventures will be entitled to liquidated damages if the new building is not substantially completed within 36 months from termination of the lease. Mayor Gehrz asked if the design of the lighting and signs will be covered with a separate agreement. Administrator Worthington said the signage is covered in the PUD agreement. The City doesn’t allow blinking or flashing signs. The signage will be canopy type with a narrow name band above. Pizza Hut will not be able to use their typical corporate model for that site. Lindstrom moved approval of the settlement agreement for Sky Ventures, LLC and Sherman Associates, Inc. for the relocation of the Pizza Hut restaurant on the SE Corner of Snelling and Larpenteur Avenues. The motion was unanimously approved. Approval of Expenditure to Repair Related to Fire Truck 757, Aerial Apparatus Administrator Worthington said that the aerial apparatus purchased by the City in 1993 experienced a water leak at the base of the Tele Squirt. This leak caused a problem with water pressure to the high pressure nozzle on the end of the Tele Squirt equipment, and disabled the nozzle. Fire Department staff found this leak prior to the State Fair, but did not want to remove the truck from service for the two weeks needed in order to repair the leak, so waited until the Fair was over. (This equipment can go up to a 5-story height.) The original estimate for repair was more than $12,000; however, the final bill was only $8,995.27. Because this was an emergency repair situation, the City Administrator authorized the Fire Department staff to go forward with the repair prior to Council action. The Department is now seeking approval for the expenditure, which was, of course, not accounted for in the 2003 Budget. This cost can be covered in the Fire Capital budget. Kuettel moved approval of the expenditure of $8,995.27 from Fire Capital to repair Fire Truck 757, Aerial Apparatus. The motion was unanimously approved. REPORTS FROM COUNCIL MEMBERS: None INFORMATION AND ANNOUNCEMENTS: Mayor Gehrz reminded the cable audience that the second CERT training program begins October 20 and registration needs to be completed by October 16. FALCON HEIGHTS CITY COUNCIL MINUTES -6- October 8, 2003 INFORMATION AND ANNOUNCEMENTS: (continued) Mayor Gehrz said the cost is $15.00 per trainee for the entire 7-class series. Trainees need to be 13 years of age or older. She mentioned that earlier in the day she and Administrator Worthington attended a meeting on the University of Minnesota/Falcon Heights campus to learn about their proposed plan to adapt an old building on campus to a chiller plant. She said she really appreciates the fact that before the University went further in their planning, they took steps to invite neighbors and the City to hear about what they are thinking. It is wonderful to see the University do this. The regular City Council meeting was adjourned at 8:20 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk