HomeMy WebLinkAboutCCAgenda_03Jun25L_J
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
June 25, 2003
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. COMMUNITY FORUM:
D. APPROVAL OF MINUTES: June 11, 2003
• E. PUBLIC HEARINGS: None Scheduled
F. CONSENT AGENDA:
1. General Disbursements through June 17, 2003 in the
Amount of: $ 78,832.70
Payroll (6/1/03-6/15/03) $ 11,778.49
2. Licenses
3. Acceptance of Proposal from Wilson Development Services to Assist
with the Acquisition and Relocation of Pizza Hut
G. POLICY AGENDA:
1. Condemnation Resolution for:
* Snelling Avenue Frontage Road -South Portion
* Shopping Center and Adjacent Snelling Avenue Frontage Road
* Snelling Avenue Frontage Road -North of Larpenteur
(continued from the June 11, 2003 Council meeting)
• 2. First Amendment to the Development Agreement between the
City and the Falcon Heights Town Square Limited Partnership
• FALCON HEIGHTS CITY COUNCIL AGENDA _2_
June 25, 2003
G. POLICY AGENDA (continued)
3. Recognition of Leo Lindig and His Family for Thirty-Eight Years
of Service to the Falcon Heights Fire Department
H. REPORTS FROM COUNCIL MEMBERS
INFORMATION AND ANNOUNCEMENTS
ADJOURNMENT
•
•
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
June 25, 2003
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. COMMUNITY FORUM:
D. APPROVAL OF MINUTES: June 11, 2003 TAB 1
• E. PUBLIC HEARINGS: None Scheduled
F. CONSENT AGENDA:
1. General Disbursements through June 17, 2003 in the
Amount o£ $ 78,832.70
Payroll (6/1/03-6/15/03) $ 11,778.49 TAB 2
2. Licenses TAB 3
3. Acceptance of Proposal from Wilson Development Services to Assist
with the Acquisition and Relocation of Pizza Hut TAB 4
G. POLICY AGENDA:
1. Condemnation Resolution for:
* Snelling Avenue Frontage Road -South Portion
* Shopping Center and Adjacent Snelling Avenue Frontage Road
* Snelling Avenue Frontage Road -North of Larpenteur
(continued from the June 11, 2003 CounciLmeeting) TAB 5
• 2. First Amendment to the Development Agreement between the
City and the Falcon Heights Town Square Limited Partnership TAB 6
• FALCON HEIGHTS CITY COUNCIL AGENDA _2_
June 25, 2003
G. POLICY AGENDA (continued)
3. Recognition of Leo Lindig and His Family for Thirty-Eight Years
of Service to the Falcon Heights Fire Department TAB 7
H. REPORTS FROM COUNCIL MEMBERS
I. INFORMATION AND ANNOUNCEMENTS
J. ADJOURNMENT
•
• CITY OF FALCON HEIGHTS
COUNCIL MINUTES
JUNE 11, 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, Deputy Clerk Mary Shea
Kodluboy, City Attorneys Roger Knutson and Thomas Scott
COMMUNITY FORUM: There was no commentary from the audience.
APPROVAL OF MINUTES: Mayor Gehrz asked that an additional phrase be added on page 4,
paragraph four, second to last sentence, with the sentence to read as follows: There will be a fall
session for residents and people representing businesses in the community. The Council
minutes dated May 28, 2003, were unanimously approved as amended.
PUBLIC HEARINGS: None Scheduled
• CONSENT AGENDA:
Kuettel moved that the Consent Agenda be approved, as outlined below. The motion was
unanimously approved.
1. General Disbursements through June 6, 2003 in the
Amount of: $ 20,493.08
Payroll (5/15/03-5/30/03) $ 12,412.41
2. Licenses -The Council, to encourage residents to patronize local businesses, read
aloud the names of the most current businesses renewing their licenses for 2003.
POLICY AGENDA:
Variance Request for Dino's G
Administrator Worthington said that George Sherman, the developer of the SE Corner project,
submitted a site plan in late April for the new Dino's restaurant, which is proposed for the
current Embers site on the NE corner of Snelling and Larpenteur Avenues.
The original site plan called for a front yard setback of 10.9 feet, and a lot coverage variance
of 8.9% from the required 25%. Subsequently, the Planning Commission voted unanimously
• at their May 27~' meeting to recommend approval of the front yard setback variance, and denial
of the lot coverage variance.
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
June 11, 2003
Variance Request for Dino's Gyros (continued)
Administrator Worthington said that after the Planning Commission meeting, staff received two
amended site plans from Sherman and Associates, the second of which shows a front yard
setback variance request of 14.25', and she utilized the overhead projector to illustrate and
describe the new site plan. The lot coverage variance request has been eliminated because the
new site plan shows green space of 33.63%. This site plan also eliminates the drive-through,
which had been a concern of the residents in the immediate area. Consequently, a front yard
setback variance of 14.25' is required for Dino's to meet front yard setback zoning requirements,
but the lot coverage variance request has been withdrawn. There is an addition of one curb cut
and it is believed this will help divert traffic to Snelling rather than through the neighborhood.
Traffic projections will be the same as for an Embers type restaurant.
Council member Lindstrom, Council liaison to the Planning Commission, said the Planning
Commission recommended approval of the front yard setback variance. City code calls for a
setback of 30', but there is only one business in Falcon Heights that conforms to the code.
• When Parcels C and D go to Dino's, that will increase their front yard setback to over 50'.
Administrator Worthington said their new front yard setback would be 68.25'.
Council member Kuettel asked Administrator Worthington to illustrate the new setback
on the overhead projector and she did so. Administrator Worthington said the City will be
picking up the two parcels and they will be conveyed to Dino's in the fall. Council member
Kuettel commented that the variance would almost be a temporary one.
Council member Lamb said that the plan now shows that about 33.6% of the site will be green.
How does that compare to Embers? Administrator Worthington said that 8% of the Embers
site is green. Council member Lamb said that obviously today there is a situation where the alley
comes into the frontage road. He asked how the new configuration would affect residents exiting
west on the alley. Administrator Worthington. said. that it wouldn't affect their access.
Mayor Gehrz asked Administrator Worthington who currently owns the Embers property.
Administrator Worthington said that a private property owner owns it. An eviction notice has
been served on the current tenant in the building. The Embers property has been sold
to George Sherman. Mayor Gehrz said the owner of the property has the right to sell their
property if they so choose. Dino's will be the new occupant in a new building. She said that she
heard a lot of the residents say that they really like Dino's but are really concerned about the
impact of the drive-through. Dino and his family, after listening to the concerns of the citizens
and the City, have withdrawn their request for adrive-through. They have made a big financial
sacrifice by doing so.
• FALCON HEIGHTS CITY COUNCIL MINUTES -3-
June 11, 2003
Variance Request for Dino's Gyros (continued)
Mayor Gehrz opened the meeting to the audience for commentary.
Mr. Thomas Lagason, Chairperson of the Planning Commission, asked if there are any concerns
about the driveway location on the proposed plan. It was probably put there to add green space,
but it puts the exit closer to the residents. Administrator Worthington explained traffic stacking
room and said that if the driveway were located north of Parcel C, there would only be stacking
room for one car length. It would drive traffic back into the neighborhood. What is being
proposed is a marked improvement because it will provide enough stacking room to Snelling.
Overall, the impact on the neighborhood will be an improvement. The changes made are based
on the traffic study that was done in May. The two experts who did the traffic study believe this
is an improvement. Mayor Gehrz said there is a stop sign with no right turn. People will be
asked to make a left turn only. This will discourage people from turning right.
Ms. Jeanette Pasek, 1526 Crawford, asked. if this would encourage people to use the alley.
Administrator Worthington said the alley is a circuitous route. Making the alley one way was
discussed but the garage openings vary. This can be explored with the task force that will be
• created to study the traffic in that area.
Ms. Ginny Blase, 1532 Crawford, said that people use the alley and it wasn't in the traffic study.
Put some sort of a speed limit in place. People drive 30-40 miles per hour down the alley.
Residents have to be careful when backing out into the alley. There should be a stop sign where
the shopping exit intersects with the alley. She thanked Dino and his family for reconsidering
the drive-through.
Ms. Rachel Berger, 1516 Crawford, said that the stop sign with a no right turn is a good thing.
Do you expect traffic from Larpenteur? Administrator Worthington said there will be some
traffic that will head in that direction. The traffic study reflected traffic counts based upon a
drive-through restaurant. The counts will be revised. People will use that route. Ms. Berger
asked what the group would do with the study. Will it be enforced? Administrator Worthington
said that a component in the study would be traffic enforcement. Council member Talbot said
that people blow the light on Arona and Larpenteur. In any neighborhood, the people who are
the least careful about stop signs are the residents. Ms. Berger said that people who aren't from
the area are the ones roaring down the streets and the alley. If this is a problem for the
neighborhood, what exactly can be done about it? Mayor Gehrz said that a traffic study is only
going to work if people follow the study's recommendations. The City will commit staff time
and resources. The task force will also include residents from other areas and members of the
business community. People will need to come together for a number of meetings to look at
issues and options. The task force will learn about what other communities are doing to address
• traffic issues, and, at some point a traffic engineer will become involved. Any solution has
impacts somewhere else. There will need to be processes to engage the broader neighborhood.
3
•
FALCON HEIGHTS CITY COUNCIL MINUTES -4-
June 11, 2003
Variance Request for Dino's G~ (continued)
Mr. Scott Noble, 1539 Crawford, asked if the exit would line up with Asbury. Administrator
Worthington said she didn't know if it lines up or not. Her hunch is that it doesn't but she will
check and get back to him on that.
Mr. Raymond Wirth, 1795 Pascal, said the first meeting regarding Embers was held on May 13.
At that time he mentioned it was his impression that this was a done deal. The property hadn't
been purchased at that time. Who has bought it? Administrator Worthington said George
Sherman has purchased the property. He will convey the property to Dino once the building is
built. Mr. Wirth asked if they would get TIF. Administrator Worthington said that property is
not a part of the TIF District. Mr. Wirth said he feels this is unfair to the guy who leased the
Embers' building. A lot of people enjoy going to Embers. He asked if the Council looked at the
petition he presented to the Planning Commission. Mayor Gehrz said she had not seen it, but
part of the reason people would have signed the petition was because of concern about adrive-
through. The owners of the Embers property have the right to sell their property. If you want
to sell your house, the City can't tell you not to. Mr. Wirth said that this looks like it's
intentionally on a fast track. Administrator Worthington explained there is a State statute that
lays out a specific process that must be followed with applications, and the statute stipulates a
60-day review. If the City Council doesn't make a decision within the 60-day review period,
there is an automatic approval of the application. She said the City did not initiate this process.
Mr. Wirth said that people think this was a done deal. He feels bad about Falcon Heights.
Mayor Gehrz thanked Mr. Wirth for his comments. and said she knows that he put in a lot
of time, which shows that he cares about this community. You don't always have the result
that you would like to see. The fact that there is a new plan for Dino's shows that Dino and his
family listened to the concerns of the community. This is a real sign of success.
Council member Lamb said that the SE Corner is a huge project and it will have a huge impact.
The developer has tried to relocate the businesses and should be applauded for his efforts.
Dino's has been a business in the community for many years and Dino has addressed many
of the residents' concerns.
Lindstrom moved approval of a front yard .setback variance request of 14.25' for a new Dino's
Gyros restaurant, which will be developed on property with the current address of 1700 Snelling
Avenue North. The motion was unanimously approved.
•
4
FALCON HEIGHTS CITY COUNCIL MINUTES -5-
June 11, 2003
Request to Allow Permit Parking on Garden Avenue
Administrator Worthington said that in March, 2003, a resident on Garden Avenue submitted a
petition for permit parking on Garden Avenue. This plan was reviewed by staff, and forwarded
to the Planning Commission for their consideration at the May 27th meeting. Staff monitored
on-street parking in that area during the months of April and May. At various times, staff
observed between two and nine vehicles parked in that area. The day on which nine vehicles
were observed, two of them belonged to contractors doing work on a house in the area.
Subsequently, staff recommended denial of the request, due to relatively little on-street parking,
and the difficulty in enforcing permit parking in other areas of the city. The Planning
Commission voted unanimously to recommend denial of the request to the City Council, with the
direction that staff look for alternative ways to address the concerns of the residents. Parking
in the radius curve is problematic for garbage trucks and emergency vehicles. Public Works is
studying signage limiting parking on one side in the radius area.
Mayor Gehrz, for the benefit of the cable television audience, explained the petition process that
is followed for requests of this nature. A petition with a sufficient number of resident signatures
. is submitted, along with a $100 fee. Staff study the request and bring a recommendation before
the Planning Commission and City Council. If permit parking is approved for a particular area,
residents then have to buy permits from the City every year in order to park their own cars on the
street.
In response to a question from Council member Lamb, Council member Lindstrom said that half
the people in attendance at the Planning Commission meeting were in favor of permit parking,
half opposed. Council member Lamb asked if, as part of the study, staff looked at the
availability of off-street parking for the residents. Administrator Worthington said that each
house in that area has about four off-street parking spots, in addition to two spots in each garage.
Mayor Gehrz said that she was pleased the Planning Commission recommended denial. She
lives in a neighborhood that has permit parking and it is not gone-sided wonderful thing. The
idea of looking carefully at other options makes a lot of sense. She thought the Planning
Commission made a good call.
Council member Lindstrom said that staff should definitely look at the corner of Garden
to make sure fire and emergency vehicles can get through there.
Mayor Gehrz said there is a clearly inviting pathway there. The Council might want to revisit
the original purpose of that pathway and look at it as an access for fire trucks. Administrator
Worthington said there is a big cul-de-sac at the end of that portion of Prior. The path was put
in to accommodate the residents from the Falcon Woods area.
FALCON HEIGHTS CITY COUNCIL MINUTES
June 11, 2003
Request to Allow Permit Parking on Garden Avenue (continued)
-6-
Council member Kuettel said that she knows of one community that switches limited parking
from one side of a street to the other every six months.
Talbot moved denial of the petition application for a permit parking area on Garden Avenue.
The motion was unanimously approved.
Consideration of the Development Agreements for the SE Corner Redevelopment Project:
* FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
* TOWN SQUARE SENIOR APARTMENTS LLC
* TOWNHOMES AT TOWN SQUARE LLC
Administrator Worthington said the Council is being asked to review and approve the
development agreements for the SE Corner project. There are three agreements-one for each
component of the redevelopment: Multi-family, senior housing, and townhomes. These
agreements set forth the conditions of the development, including the financial stipulations
• for the redevelopment.
Mr. James Prosser, Ehlers and Associates, said that this has been carefully and meticulously
planned, beginning in 2002. The developer has been working with the attorneys, property
owners and the City. The agreements address the basic issues related to the assistance the City
is providing. A development agreement is a type of risk. management agreement. It specifies the
type of development that will occur, the appropriate amount of assistance that will be provided,
and helps controls the financial risk to the City. How do we know the developer is getting the
appropriate amount of assistance? The developer has to provide a pro forma and that
information is reviewed by Ehlers, who establishes the "but for". Ehlers has reviewed a number
of different updates of information and has determined that the level of assistance being provided
is appropriate. What is the financial risk to the City? The City is not at risk if the development
does not generate the additional increment that is projected. The development freezes up taxes
on that property at its current level. The property will carry a much higher level of the tax
capacity for the community and have a positive impact. The agreements are right on target and
incorporate the appropriate risk management topics.
Council member Lamb asked how the City would generate the funds to make the payments to
the developer. Mr. Prosser said that what happens. is that there is a captured tax value for the
property, and the City, School District and County receive that value for the term of the TIF
District. As tax rates increase, the additional tax increment is captured by the City and is
given to the developer. This is a very difficult project because of the cost to buy the buildings
• and relocate the businesses. The taxing jurisdictions will continue to receive the same as they
have been getting.
FALCON HEIGHTS CITY COUNCIL MINUTES -7-
June 11, 2003
Consideration of the Development Agreements for the SE Corner Redevelopment Project
(continued)
Council member Lamb said that in 2002, the City, School District and County received $X
in taxes from that property. According to what the City is doing here, they will continue
to receive the same level they received in 2002. Any payment to the developer is generated
by the increase in the value of the property. At the end of the TIF period, the property will come
on the tax rolls at full value and be taxed at full value. The City will have removed a blighted
property, which should have a beneficial effect on the value of neighboring properties. The
value of the property, as it exists, continues to go down. If the City did nothing, it would end up
with fewer dollars than in 2002. People get upset about TIF. This is why the Council makes the
choices that it makes. There is a need to understand the direct and indirect effects on taxes.
Mr. Prosser said that all over the community property values are enhanced. There really aren't
tools around any more to help recycle properties. TIF has to be used wisely. This is a classic
case where it is being used wisely.
Council member Lamb said this is why the City hires consultants. He asked Mr. Prosser
• to describe his firm's experience, for the benefit of the audience in attendance and the cable
audience.
Mr. Prosser said that Ehlers and Associates are pre-eminent specialists. Over the past five years
they have assisted with over $1 billion in redevelopment in communities such as Richfield,
Burnsville, Eagan. A Sherman project at Lexington and County Road E was one of the first
projects that he worked on. Ehlers and Associates are very rigorous in their analyses. It isn't
just a run through. They take their responsibilities very seriously.
Council member Talbot said the City did not use City taxes to purchase or develop this property.
It only used money to hire expertise. The City is neither a developer nor a purchaser of property.
Attorney Knutson said that this is a "pay as you go" TIF district. If taxes are not generated, the
City has no obligation to pay anything. The risk will be on the developer, not on the City. The
sole source of payment is the taxes generated by this project. Specific improvements have to be
made and documented. The City and its citizens are not on the line for one nickel. What the
City wants will get built.
Council member Lindstrom asked if this prohibits the sale of the project. Attorney Knutson said
the documents would be recorded and go with the property. Council member Lindstrom asked
about the reimbursement of City costs and how that works. Attorney Knutson referenced the
State statute that stipulates reimbursement of up to $5,000, off the top, for administrative
expenses. Administrator Worthington said the number in the agreement is based upon the City's
current costs for maintaining the two other TIF districts that the City has.
FALCON HEIGHTS CITY COUNCIL MINUTES
June 11, 2003
-8-
Consideration of the Development Agreements for the SE Corner Redevelopment Project•
Council member Lamb asked what the current schedule looks like. Mr. George Sherman said
the City has been seeing him for about two and a half years. This has been a complicated
project. For the first 12-14 months there were many community meetings. He has raised about
$35 million in debt equity. During the last nine months he has submitted a PUD to the City and
completed working drawings, which have been bid out. There were twenty-five different tenants
and by May 30, all were relocated, except one. This evening he is asking the City Council
to approve the development agreements. He has been talking with Dino's for about two years.
Dino's wants a freestanding restaurant, so construction of a new Dino's on the existing Embers'
site will begin around July 10, with construction completion scheduled for mid-October.
Asbestos removal in the old building will begin around August 1 and be completed by
September 1. Demolition will start around September 5 and take about 30 days, with
construction of the new buildings beginning around October 15. Tremendous response has been
• received from a variety of funding sources. The MHFA (Minnesota Housing Finance Agency)
looks at this project as a cornerstone. HUD is looking at it very favorably. People have their
names on waiting lists for the apartments and townhomes.
Mr. Thomas Lagason, Chair of the Planning Commission, asked what is happening with Pizza
Hut. Mr. Sherman said they were offered relocation in the new building and they turned the
offer down because they want a drive through. They do not own the property but they have a
lease on the building. His firm is working with them on identifying other potential sites.
Mayor Gehrz thanked Mr. Sherman for all of the creative work. A lot of obstacles and changes
were overcome to get to this point.
Mayor Gehrz asked Attorney Knutson about the indemnification paragraphs in the agreements
and the references to servants. Attorney Knutson explained that refers to anyone working for the
City. It is old language, but traditional, and means that everyone is covered. In response to a
question from Mayor Gehrz about the revised agreements, Attorney Knutson said that nothing
was added to them-only deletions were made.
Lamb moved approval of the development agreements outlined below. The motion was
unanimously approved.
* FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP -Multi-Family
* TOWN SQUARE SENIOR APARTMENTS LLC -Senior
* TOWNHOMES AT TOWN SQUARE LLC - Townhomes
8
• FALCON HEIGHTS CITY COUNCIL MINUTES -9-
June 11, 2003
Condemnation Resolution for:
Snelling Avenue Frontage Road -South Portion
Shopping Center and Adjacent Snelling Avenue Frontage Road
Snelling Avenue Frontage Road -North of Larpenteur
Mayor Gehrz asked that this item be tabled to a future meeting.
Kuettel moved that the condemnation resolution for the Snelling Avenue Frontage Road -South
Portion, the Shopping Center and Adjacent Snelling Avenue Frontage Road, and the Snelling
Avenue Frontage Road - North of Larpenteur, be tabled to a future meeting. The motion was
unanimously approved.
REPORTS FROM COUNCIL MEMBERS: None.
INFORMATION AND ANNOUNCEMENTS:
Council member Lindstrom said that next week there will be a conference in Saint Paul
• on homeland security. Tom Ridge, Homeland Security Secretary, will be the keynote speaker
at a symposium in Saint Paul on Thursday, June 19, and Mayor Gehrz will be one of the
panelists. This is a great honor for her and for Falcon Heights. Council member Talbot said that
after 9/11, Mayor Gehrz and Falcon Heights responded with a "what can we do rather than wait
approach". Out of that approach has grown a lot of good information. Mayor Gehrz said that the
first CERT training would be held on Thursday evening, June 19. People have until June 15 to
register for the training. The cost is $15.00 and covers seven sessions. To date, 13 people have
signed up.
Administrator Worthington said that people might have noticed the temporary waterlines this
evening in the Grove University area. The: work was to have started on Friday, June 13. A
neighborhood meeting will be held at City Hall on Thursday evening, June 12, 6:30 PM,
to discuss replacement of the water main and the trolley. path.
The regular City Council meeting was adjourned at 8:40 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
•
9
•
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O.Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION/SUMMARY:
CONSENT ITEM: F1
6/25/03
1. General Disbursements through June 17, 2003 in the Amount of: $ 78,832.70
2. Payroll (6/1/03-6/15/03) in the Amount of: $ 11,778.49
ATTACHMENTS:
• General Disbursements and Payroll
ACTION REQUESTED:
• • Approval
•
/o
DATE 06/17/03 TIME 00:11 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1
APPROVAL OF BILLS
PERIOD ENDING: 6-20-03_
CHECK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
42372 US BANCORP~ COUNCIL WORKSHOP FOOD LEGISLAT 19.14
GEHRZ, SUE MILEAGE LMC CONF LEGISLAT 48.65
42365 ROBERT LAMB REISSUE CK-LOST IN MAIL LEGISLAT 277.05
RICHARD TALBOT LMC CONF EXP LEGISLAT 195.79
LILLIE SUBURBAN NEWSPAPER LEGALS/BIDS/HEARING NOTI LEGISLAT 45.80
*** TOTAL FOR DEPT 11 586.43
AMERICAN OFFICE PRODUCTS PENS/FOLDERS/FILES/TAPE ADMINIST 105.16
42372 US BANCORP / VIRUS UPGRADES ADMINIST 47.76
CASH DISKETTES ADMINIST 10.62
CASH CERTIFIED MAIL ADMINIST 18.10
CASH POSTAGE STAMPS ADMINIST 37.00
CASH COFFEE FOR KITCHEN ADMINIST 7.00
ICMA RETIREMENT TRUST 457 JUNE/03 WORTHINGTON ADMINIST 200.00
MINNEAPOLIS PAPER COMPANY PAPER ADMINIST 185.25
42373 PERA PERA JUNE 1-15 WITHHOLDG ADMINIST 1,471.12
QUICKSILVER EXPRESS COURI DELIVERY TO ROGER KNUTSN ADMINIST 19.90
42374 RAMSEY COUNTY JUNE/03 INSURANCE ADMINIST 4,272.30
SCIENCE MUSEUM OF MN COMPUTER CLASS ELIZABETH ADMINIST 75.00
SCIENCE MUSEUM OF MN COMPUTER CLASS MARY ADMINIST 75.00
SCIENCE MUSEUM OF MII COMPUTER CLASS DIANE ADMINIST 75.00
42368 UNIVERSITY OF MINNESOTA MUNICIPAL CLERKS CONF ADMINIST 175.00
WORTHINGTON,HEATHER 1/2 APRIL&MAY AUTO ALLOW ADMINIST 52.50
• *** TOTAL FOR DEPT 12 6,826.71
42370 GFOA CAFR REVIEW AWARD FEE FINANCE 350.00
*** TOTAL FOR DEPT 13 350.00
CAMPBELL KNUTSON LEGAL-GENERAL SVGS LEGAL 1,254.00
*** TOTAL FOR DEPT 14 1,254.00
ESCHELON TELECOM, INC. AXXESS BASIC DIGITAL COMMUNIC 200.43
NORTH SUBURBAN ACCESS CO. REIMB MAUREEN CABLE WORK COMMUNIC 110.00
42369 QWEST TELEPHONE COMMUNIC 599.92
*** TOTAL FOR DEPT 16 910.35
AMERICAN PLANNING ASSOCIA 03 MEMBERSHIP PLANNING 167.00
*** TOTAL FOR DEPT 17 167.00
MINNCOhII•I PAGER RENTALS EMERGENC 33.46
*** TOTAL FOR DEPT 21 33.46
ST ANTHONY VILLAGE JULY/03 POLICE SVCS POLICE 37,012.75
*** TOTAL FOR DEPT 22 37,012.75
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 47.57
BEARCOM PAGER BATTERIES FIRE FIG 38.52
42366 JOHNSON-POWERS,DAN REISSUE CK-DOG ATE IT FIRE FIG 54.64
LEAGUE OF MN CITIES HARRASSMENT PREVENT TNG FIRE FIG 75.00
MINNESOTA AMBLUANCE ASSOC 03 MEMBERSHIP 1ST RESPND FIRE FIG 75.00
OXYGEN SERVICE COMPANY TANK RENTALS FIRE FIG 45.00
• PIONEER PRODUCTS INC CLEANERS/WAX/SOLVENT FIRE FIG 663.60
VERIZON WIRELESS CELL PHONES FIRE FIG 20.16
DATE 06/17/03 TIME 00:11 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
• PERIOD ENDING: 6-20-03_
CHECK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
42369 QWEST TELEPHONE FIRE FIG 161.82
W.S. DARLEY & CO. SMOKE/FLARE CONTAINERS FIRE FIG 183.85
*** TOTAL FOR DEPT 24 1,365.16
TRUGREEN-CHEMLAWN FERT/WEED CTRL/CITYHALL CITY HAL 159.75
CINTAS CORPORATION #470 RUG SVC CITY HALL LOBBY CITY HAL 32.48
GRAINGER, W. W., INC. TOWELS/TISSUE CITY HAL 212.34
OXYGEN SERVICE COMPANY ACETYLENE/02 CITY HAL 10.91
PARKING MARKING INC PARKING LOT MARKING CITY HAL 200.00
42367 SUBURBAN ACE HARDWARE LYSOL/FERTILIZER/WEEDCTR CITY HAL 44.33
42367 SUBURBAN ACE HARDWARE CLEANER/OIL DRY CITY HAL 15.59
*** TOTAL FOR DEPT 31 675.40
TRUGREEN-CHEMLAWN FERTILIZER/WEED CONTROL STREETS 218.33
TRUGREEN-CHEMLAWN FERT/WEED CTRL/SNELLLARP STREETS 159.75
ONE CALL CONCEPTS, INC LOCATES STREETS 17.05
XCEL ENERGY ELECT STREETS 7.58
42367 SUBURBAN ACE HARDWARE OIL/SEAFOAM/WRENCH STREETS 18.58
42367 SUBURBAN ACE HARDWARE GRASS SEED STREETS 42.59
42371 TRANSPORT PARTS IMPELLER/GASKET H2O PUMP STREETS 32.89
*** TOTAL FOR DEPT 32 496.77
HOWARD GREEN COMPANYC. FH GENRAL SVGS ENGINEER 513.00
• *** TOTAL FOR DEPT 33 513.00
TRUGREEN-CHEMLAWN FERT/WEED CONTRL/CURTISS PARK & R 90.95
TRUGREEN-CHEMLAWN FERT/WEED CTRL/COMM PK PARK & R 90.53
GRAINGER, W. W., INC. PAPER TOWELS PARK & R 40.54
ICMA RETIREMENT TRUST 457 JUNE/03 TRETSVEN PARK & R 100.00
ICMA RETIREMENT TRUST 457 JUNE/02 MAERTZ PARK & R 100.00
NRG PROCESSING SOLUTIONS TRIMMINGS/SOD DISPOSAL PARK & R 12.84
XCEL ENERGY ELECT/GAS PARK & R 35.14
ON SITE SANITATION PORTABLE TOILET COMM PK PARK & R 70.65
PARKING MARKING INC PARKING LOT MARKING PARK & R 200.00
42367 SUBURBAN ACE HARDWARE LYSOL/FERTILIZER/GRASSSD PARK & R 34.56
*** TOTAL FOR DEPT 41 775.21
CASH HELMETS/TEENIS BALLS PARK PRO 42.34
CASH COACHES ORIENTATIN LUNCH PARK PRO 60.92
*** TOTAL FOR DEPT 50 103.26
HOWARD GREEN COMPANYC. FOLWELL H2O MAIN WATER FU 3,606.98
REED BUSINESS INFORMATION BID ADVERTISEMENTS WATER FU 48.23
*** TOTAL FOR DEPT 53 3,655.21
AMERICAN OFFICE PRODUCTS BINDERS FOR CERT TNG MTL CCC/CERT 177.51
*** TOTAL FOR DEPT 54 177.51
TRAFFIC TECHNOLOGIES LLC CROSSWALK IDENT DEVICE PUBLIC W 239.63
*** TOTAL FOR DEPT 65 239 .63
• HOWARD GREEN COMPANYC. 2003 SEAL COATING INFRASTR 1,592.98
*** TOTAL FOR DEPT 71 1,592 .98
METROPOLITAN COUNCIL JULY 03 S.S. SANITARY 18.373.33
DATE 06/17/03 TIME 00:11 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 3
APPROVAL OF BILLS
• PERIOD ENDING: 6-20-03_
CHECK#
-------- VENDOR NAME DESCRIPTION
------------------------- ----------------------- DEPT.
- -------- - AMOUNT
----------
42369 QWEST TELEPHONE AUTO DIALER SANITARY 57.97
*** TOTAL FOR DEPT 75 18,431 .30
CAMPBELL KNUTSON SE CORNER DEVELOPMENT COMM. DE 2,380.00
EHLERS AND ASSOCIATES NTC INFO FOR SHERMAN COMM. DE 75.00
*** TOTAL FOR DEPT 79 2,455 .00
HOWARD GREEN COMPANYC. SHELDON ENG HOYT AVE 1,163.34
REED BUSINESS INFORMATION BID ADVERTISEMENTS HOYT AVE 48.23
*** TOTAL FOR DEPT 85 1,211 .57
*** TOTAL FOR BANK O1 78,832.70
*** GRAND TOTAL *** 78,832.70
i•
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SYSTEM DATE 06/09/03
C H E C K R E G I S T E R
HECK CHECK EMPLOYEE NAME
TYPE DATE NUMBER
PAGE 1
CHECK CHECK
NUMBER AMOUNT
6 12 03 34 CLEMENT KURHAJETZ 32834 77.53
6 12 03 40 KEVIN ANDERSON 32835 52.12
6 12 03 42 MICHAEL D CLARKIN 32836 195.82
6 12 03 66 ALFRED HERNANDEZ 32837 238.21
6 12 03 74 MARK J ALLEN 32838 106.67
6 12 03 81 LAUREL F SANDBERG 32839 6.47
6 12 03 85 DANIEL S JOHNSON-POWERS 32840 71.82
6 12 03 87 MICHAEL A MCKAY 32841 25.85
6 12 03 90 ANDREW P SCHIPPEL 32842 178.65
6 12 03 91 RICHARD H HINRICHS 32843 186.15
6 12 03 97 PATRICK GAFFNEY 32844 88.48
6 12 03 98 BRADLEY J. REZNY 32845 88.48
6 12 03 99 ALEXANDER J. HAIGH 32846 14.54
6 12 03 1003 HEATHER WORTHINGTON 32849 1350.21
6 12 03 1013 WILLIAM MAERTZ 32850 1557.59
6 12 03 1030 MARY A. KODLUBOY 32851 1257.45
6 12 03 1033 DAVE TRETSVEN 32852 1119.82
6 12 03 1038 DEBORAH K JONES 32853 1084.76
6 12 03 1103 DIANE MEYER 32854 639.99
6 12 03 1136 ROLAND O OLSON 32855 1297.60
6 12 03 1143 COLIN B CALLAHAN 32856 728.09
6 12 03 1144 ANITA TWAROSKI 32857 268.45
6 12 03 1169 JAY PAUL KURTIS 32858 170.85
6 12 03 1170 ERIC J BLOMQUIST 32859 381.72
6 12 03 1173 ELIZABETH M POSTIGO 32860 340.70
6 12 03 1178 PETER M FISCHER 32861 250.45
COMPUTER CHECKS 11778.49
MANUAL CHECKS .00
NOTICES OF DEPOSIT .00
****TOTALS**** 11778.49
•
ITEM: Licenses
SUBMITTED BY: Mary Shea Kodluboy/Deputy Clerk
REVIEWED BY: Heather Worthington, City Administrator
CONSENT ITEM: F2
6/25/03
EXPLANATION/SUMMARY: Outlined below is a list of additional license applications or renewals
for 2003
GENERAL CONTRACTOR
Odd Job, Saint Paul
MECHANICAL CONTRACTOR
Village Plumbing, Inc., Little Canada
ACTION REQUESTED:
• Approval
•
/S.
• CONSENT ITEM: F3
6/25/03
ITEM: Acceptance of Proposal from Wilson Development Services to Assist with the
Acquisition and Relocation of Pizza Hut
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION/SUMMARY:
Summary: Staff is recommending acceptance of a proposal from Wilson Development Services
to assist with the acquisition and relocation of Pizza Hut. As you know, the developer of the SE Corner,
George Sherman Associates, will be reimbursing the City for all costs incurred with this matter.
ATTACHMENTS:
Copy of proposal letter from Wilson Development Services
ACTION REQUESTED:
• Acceptance of proposal from Wilson Development Services to assist with the acquisition
• and relocation of Pizza Hut
•
l~
08/1~/200a 10:24 FAX 8514525550 CAMPBELL ItNUTSON PA -~ FALCON HEIGHTS ~ 002
06/09/2083 15;05
~~~ . 6124484676
~. WILSON DEVELOP SERV PAGE 81
L N ~!V'ILSC~1~rT ~38~'~,i,t3~PME~tT SERVICES
•~ ~ ~ "Providing .Acquisition end Relocation Services"
luay ~; zob3 ~ '
Mr. Thomas M. Scott
' Campbell Ksautsozi ~ .
3l ~ Eagandale Office Center
13 SO corpozate Center. Curve
Pagan, MN 55121 ~' ~~ `
Faring 3 pages to fi51-452-SS50
Re; .City of~F'alcon,Heights
pizza 1?iut $usiness Relocation Proposal
Deaz Mr. Scott; ~ ~ . .
I atn writing to follow~up'on our~meeting regarding the upeaming Pizza Hut displacement
-. in Falcon Heig}ats:• The following details my proposal W provided business relocation
' •assistance to the City and your affiae. •
• Finn Description
Wilson Dtvelop~ment Strvices, is a real estate consulting business and licensed real ~estete
. ~ brokerage that spocialius'itl assisbirig public and private entities with their cornmurrity
developineat ahd real estate development noels. Acquisition and relocation activities
• constitute a substantial pazfion; of out work.
Ddn IWilson Principal .
l have thiriy-styes years~'experience wit}i acquisition and reloCatiOri activities under the
Uniform,Relocation Act.lViy years, of experience provide me with a unique perspective
arid practical la~ovrledge of the Llniforni Act. I believe that I have an understanding of the
fundamental intent. of the Act, as' well as the current interpretation of the regulations.
Self employed;i°or twenty-two years, I have represented nurntzous municipalities azad
public ~agenFies throughout the Mate bf Minnesota for both residential and business
displacements, I am' the primary contact person for all clients and supervise the activities
of my associates.' ~ .
Staf,~`,AsSigtJtrreat ~ .
I will be the principal•contact with your otl"ace at~d. th4 displaces. Additional staff will be
titilized in~the rcplacetneut site.aearch and assotnbly of claim information•
' , ~ ~510.Chestt1ut.Street, S.u~te 2pp t -Chaska, MN 55318
Offi~ce19S2) 446-4630 a Fax: (482) 448-4676
. I;riiaiI: ;wllsondevSlO~aol.coat
i7
06/13/2003 10:24 FAX 6514525550 CAMPBELL KNUTSON PA -~ FALCON HEIGHTS I~003
06/09/2003 15:05 6124484b76 WILSON DEtiELOP SER1J PAGE 02
•
Busl~ess Relocatia,~ .
1. Maintain relocation £ile on each displaces to be turned ovex to the .Agency at
completion.
2. Nlaiatain a log of all•contacts with property owners and displacoes.
3. Meet with property ovvneCS,and displacees to explain pxocedures, program benefits
and• responailiilities under the. Uniform Act.
4. Determine eligibility;forreltication assistance.
S. Prepare preliminary relocation budget after initial contacts.
6. Prepare Genara! Infatmatiori Notice for all displacees. •
7. Pxepare Notice of Relocation Eligibility.
8. Make replacement ails referrals. .
9, Prepare 90-Day and 30=I5ay~Notice to Vacate. '
10.1'repare~rnoving speeificaiians and secure competitive bids.
11: Prepare.all claims and piovide groper documentation as requirod by the Uniform Act
and your Agency.. . •
12. Ceatify that•~fe amount of benefits due are correct, sv that payment can be authorized.
'I3. Meeting with s'taff/atkQrriey.on a timely basis to maintain communication and keep
staff informed of each individual claim.
14. Prepare monthly project sterols reports.
Workload•
-Pizza Hut •,. business Clairtt
• Additional displacements may be added by the City as the need arises,
Lost of Going CQnce~n .
• The increasing frequency with which opposing attorney's raise Losx of Going Concern
' issues is changing ar expandingahe relocation consultant's role. The Uniform Act
requires the..tfisplacing agency~tcf'"assist" the displaces 5nd a replacement site. Far
coxz7mercial displacemebts,,~he threat of a loss of going concern claim significantly raises
the, displacing agency's obligation to the displaces from assisting, to actually 5nding a
replacement site. , Ut• order ~to: ddfend the displacing. agency from a costly loss of going
concern claim, a xeason~ble replacement location must be found.
Reptacemexi Site SeeTCk . ~ ,
The following is a list of tltriyp~cal steps we would use to'°assist" a displaces find a
replacement lvcation. ~ '
].. Research displaces ~fratichiso .or industry standards
2. Computer Internet Search of MLS
3. .Newspaper
4. Dxive~area to look for vacancies and signs. '
5. Ca11s to real estate brokers ,
6. Call to property man_agemenf companies
7. Calls to city plaruiing and Community Dovelopment Deparnnents for redevelopment
areas.
• ~ ••~
18
08/1~/200a 10:25 FAX 8514525550 CAMPBELL RNLTTSON PA -~ FALCON HEIGHTS (~j004
06/.09/2093 16:05 6124484676 WILSON DE1lELOP SERU PAGE 03
. . 8. (Alternative for Loss• of Going Concern) Contact property owziers of vacant and
developed property for property not listed for sale.
The•subject site on Snelling Aveaue is in a developed area. There may be few
replacezncnt properties actually,•listrd fat sale at the time of displacomeut within the study
area. You nosy determine that a more aggrossive approach to the replacement site search
is warranted~in order to mittiznize the likelihood of a successful loss of going eoneem
clai~on. This'wark is typically ax the'diroction of the Agency's attorney. .
Vie recently had a sjwRitlar tlispYacement case for a Perkins Restaurant an Highway 100,
The study area was canstraiioed.l7Y•the six• other' Perkins Restaurants that cixcle the subject
site. After allowance 'far highway access, the actual number of study area properiies was
' very small.
Propospl Price
The Telocatign prOCesg requires cooperation ar-d reasonable effort gn the part of the
displaces. The costs of our, sei~ices. aze highly dependent upon the attitude and skills of
the. displaces. We fiave been very successful in defusing difficult situstiaAS, and assisting
displacees with the decision ~rnaking process,. so that tha process can proceed in a timely
manner. •
The followistg is our proposed change rate schedule for a time and matezials contract
. ~ ; . ' Priztcipa~ , ~
Associate •~ $85.00/Hour
$75,00/Hour
Secretary, $45.001Hour
' Mileage $ .36/Mi
' Copies. _'• $ ,1S/CopY
• 1,nterpreteF & Courier, etc. actual cost '
Professional Moving Co. P,stimates actual cost
You would only be cli~rged fox-the time actually provided_ Itemized invoices are
provided on a monthly basis: , ~ '
T,tiaak you• far Iaking.time to r>ieet with the last week to discuss this project and for the
opportunity to submit this proposal, We are confident'ia our ability to assist ire a
• successful prajact. •
• Sir1c ~ ••• . .
`''Y r ~4
Daniel H. Wilson •
Principal
•
,~
•
ITEM: Condemnation Resolution for:
POLICY ITEM: G1
6/25/03
Snelling Avenue Frontage Road -South Portion
Shopping Center and Adjacent Snelling Avenue Frontage Road
Snelling Avenue Frontage Road -North of Larpenteur
(continued from the June 11, 2003 Council meeting)
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Tom Scott, Campbell Knutson
Matthew Foli, Campbell Knutson
Roger Knutson, City Attorney
EXPLANATION:
Summary: The City proposes to acquire, by condemnation, the property listed above. The attached
resolution has been revised by the City Attorney and spells out the conditions and locations of this
condemnation.
• ATTACHMENTS:
• Resolution 03-11
ACTION REQUESTED:
• Adoption of Resolution 03-11, condemning real property as listed above.
•
~0
•
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
RESOLUTION
Date: June 25, 2003 Resolution No.: 2003-11
Motion By
Seconded By
RESOLUTION AUTHORIZING CONDEMNATION
OF LAND FOR PUBLIC PURPOSES
WHEREAS, the City is a municipal corporation organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City (the "City
Council"); and
PARCEL "A"
(Snelling Avenue Frontage Road -South Portion
WHEREAS, in order to remedy the flooding problem at its public park known as Curtiss Field,
the City Council finds that it is necessary and for a public use and purpose to acquire the property
legally described on the attached Exhibit "A"; and
PARCEL "B"
(Shoupin~ Center and Adjacent Snelling Avenue Frontage Road
WHEREAS, the City Council does hereby determine that it is necessary and for a public use and
purpose to acquire the property legally described on the attached Exhibit "B" ("subject property"); and
WHEREAS, the City has established within the City its Municipal Development District No. 1
•
pursuant to Minnesota Statutes, Sections 469.124 - 469.134, providing for the development and
redevelopment of certain areas located within the City (which development district is hereinafter
referred to as the "Project") and adopted the Development Program therefor; and
~i
WHEREAS, on September 26, 2001, the City Council adopted Resolution No. 01-24 modifying
the development program for the project and establishing Tax Increment Financing District No. 1-3
("the District"), a redevelopment tax increment district, located in Development District No. 1; and
WHEREAS, the City adopts and incorporates by reference the findings and supporting
documentation contained in Resolution No. O 1-24 and the Tax Increment Financing Plan for the District;
and
WHEREAS, pursuant to Minnesota Statutes, Section 469.126, the City is authorized within the
Project to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote
developments and to acquire land or easements through negotiation or by eminent domain; and
WHEREAS, the subject property is located in the Project and the District; and
WHEREAS, the City has entered into a development contract under which the developer will
redevelop the subject property which is located within the Project, as part of a redevelopment project
known as "Falcon Heights Town Square"; and
WHEREAS, the City Council finds that the redevelopment of the subject property and the
provision of the housing and retail space is in the best interest of the City and its residents and in accord
with the development program for the project and the public purposes and provisions of applicable
federal, state and local laws under which the redevelopment is being undertaken and assisted; and
WHEREAS, the City Council finds that development and construction conditions related to the
area make it necessary to acquire title to, and possession of, the property as soon as possible in order for
the Project to proceed in an efficient, cost effective and expeditious manner; and
•
~a
•
PARCEL "C"
(Snelling Avenue Frontage Road -North of Larnenteur~
WHEREAS, in order to help facilitate the relocation of a tenant affected by the Falcon Heights
Town Square redevelopment project and to mitigate project acquisition costs, the City Council does
hereby determine that it is necessary and for a public use and purpose to acquire the property legally
described on the attached Exhibit "C" located within Development District No. 1.
NOW, THEREFORE, be it resolved by the City Council of the City of Falcon Heights,
Minnesota:
1. That the City Attorney is authorized to commence eminent domain proceedings pursuant
to Minnesota Statutes Chapter 117 and take any other necessary actions to acquire fee title to and
possession of the property legally described on the attached Exhibits A, B and C.
• 2. That the City Attorney is authorized to acquire the necess ro ert interests ursuant
~'Y P P Y p
to the "quick take" provisions of Minnesota Statutes Section 117.042.
3. That the Mayor and the City Administrator are authorized to execute all documents
necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property
interests.
ADOPTED this 25 day of June, 2003, by the City Council of the City of Falcon Heights.
Susan L. Gehrz, Mayor
ATTEST:
Heather M. Worthington, City Administrator/Clerk
~3
•
EXHIBIT "A"
Snelling Avenue Frontage Road Parcel (adjacent to Curtiss Field
That part of the following described land lying Southerly of the Westerly extension of the South line of
Tract A, Registered Land Survey No. 2, and Northerly of the Westerly extension of the South line of Lot
5, Block 9, Northome Addition all in Ramsey County Minnesota:
The Westerly 159.5 feet, except the North 49.5 feet of the Northwest Quarter of the Northwest Quarter
of Section 22, Township 29 North, Range 23 West, Ramsey County, Minnesota, which lies Easterly of
Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the North
line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on an azimuth of
179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line 1 to be described;
thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet; thence on an azimuth of 179
degrees, 53 minutes 31 seconds for 550.59 feet; thence on an azimuth of 269 degrees 53 minutes 31
seconds for 10 feet; thence on an azimuth of 179 degrees 53 minutes 31 seconds for 678.98 feet and
there terminating.
•
•
sy
C7
EXHIBIT "B"
Shopping Center Parcel:
Parcel 1:
Tracts A, B, C, D, E, F, G, H, I, J and K, Registered Land Survey No. 94, files of Registrar of
Titles, County of Ramsey.
Parcel 2:
Tract A except the North 38.33 feet of the West 70 feet thereof and except the South 51.67 feet
of the North 90 feet of the West 73 feet of Tract A, Registered Land Survey No. 2, files of
Registrar of Titles, County of Ramsey.
Parcel 3:
The West 506.5 feet except the West 426.5 feet of the South 150 feet of the North 359.5 feet of
the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 22,
Township 29, Range 23, except public streets and highways.
Snelling Avenue Frontage Road Parcel (adjacent to Shopping Center ParcelZ
That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the Northwest Quarter of the
Northwest Quarter of Section 22, Township 29 North, Range 23 West, Ramsey County, Minnesota,
lying Northerly of the Westerly extension of the Southerly line of Tract A, Registered Land Survey No.
2;
Which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the North
line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on an azimuth of
179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line 1 to be described;
thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet; thence on an azimuth of 179
degrees, 53 minutes 31 seconds for 550.89 feet and there terminating.
•
~S
•
EXHIBIT "C"
Snelling Avenue Frontage Road Parcel (North of Larpenteur)
That part of the west 110 feet of Lots 1, 2 and 3 and the west 19.31 feet of Lot 23 and Lot 24 of
Block 10, FALCON HEIGHTS ADDITION, according to the recorded plat thereof and on
file in the office of the County Recorder in and for Ramsey County, Minnesota;
which lies easterly of Line 1 described below:
Line 1. Beginning at the southwest corner of Section 15, Township 29 North, Range 23 West;
thence run easterly along the south line thereof on an azimuth of 88 degrees 48 minutes 49
seconds for 159.53 feet; thence on an azimuth of 359 degrees 35 minutes 10 seconds for
147.84 feet; thence on an azimuth of 269 degrees 35 minutes 28 seconds for 39.50 feet;
thence on an azimuth of 359 degrees 35 minutes 28 seconds for 2000 feet and there
terminating.
•
~`
• POLICY ITEM: G2
6/25/03
ITEM: First Amendment to the Development Agreement Between the City of Falcon
Heights and the Falcon Heights Town Square Limited -Multi-Family
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Tom Scott, Campbell Knutson
Matthew Foli, Campbell Knutson
Roger Knutson, City Attorney
EXPLANATION:
Summary: Some modifications have been made in the development agreement for Falcon Heights
Town Square Limited -the multi-family portion of the SE Corner redevelopment. A redlined version
and a clean version of the first amendment are attached.
ATTACHMENTS:
• Redlined version of the first amendment to the development agreement
• • Clean version of the first amendment to the development agreement
ACTION REQUESTED:
• Approval of the First Amendment to the Development Agreement Between the City of Falcon
Heights and the Falcon Heights Town Square Limited
C
s~
• REDLINED COPY
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF FALCON HEIGHTS
AND FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, effective the day of
2003 by and between the City of Falcon Heights, a Minnesota municipal corporation
(hereinafter referred to as the "City") and Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership (hereinafter referred to as the "Multifamily Developer").
Recitals
A. The parties entered into a Development Agreement dated , 2003
• ("Agreement").
B. The parties wish to amend the Agreement's provisions as herein provided.
NOW THEREFORE, it is agreed between the parties as follows:
The Article I definition of "Acquisition Costs" is amended to read as follows:
"Acquisition Costs" means the total amount paid by the City to acquire the Shopping
Center Parcel and the Snelling Avenue Parcel, including, but not limited to, the
following: (1) the amount of compensation paid by the City for the real property either
by settlement or as determined in the eminent domain proceedings to the owners of the
Shopping Center Parcel and Snelling Avenue Parcel; (2) any payment to any owner or
tenant for loss of going concern value; (3) any payment for fixtures; (4) relocation
benefits paid to an owner or tenant pursuant to Minn. Stat. Ch. 117, the Federal Uniform
Relocation Assistance Act, or any other state or federal statute or regulation; (5) costs
incurred by the City in providing relocation services; (6) all appraisal costs; (7) legal fees
incurred by the City in any aspect of either the eminent domain proceeding or relocation
benefit process; (8) appraisal, relocation and other expert witness fees and costs, and any
other reasonable litigation expenses incurred in connection with the eminent domain
proceedings or relocation benefit process.
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2. Article III is amended to read in its entirety as follows:
Section 3.1. Acquisition of Restaurant and Snelling Avenue Parcels. The City and the
Multifamily Developer acknowledge and agree as follows:
(a) The Multifamily Developer has acquired the Restaurant Parcel.
(b) The City will exercise its powers of eminent domain to acquire the Snelling Avenue
Parcel and convey it to the Multifamily Developer in consideration of the Multifamily
Developer's payment of the Acquisition Costs. The Multifamily Developer shall pay the
Acquisition Costs upon receipt of a Quit Claim Deed in the form attached hereto as Schedule M.
Section 3.2. Acquisition of Shopping Center Parcel. The Multifamily Developer has
used its best efforts to acquire the Shopping. Center Parcel directly from its third party owner
pursuant to terms and conditions that are feasible for the redevelopment of the Town Square Site.
As of the date of this Agreement, the Multifamily Developer has been unsuccessful in its efforts
to acquire the Shopping Center Parcel pursuant to such terms and {~} [conditions]. The
City, therefore, will exercise its powers of eminent domain to acquire the Shopping Center Parcel
and convey such parcel to the Multifamily Developer pursuant to this Agreement.
Section 3.3. Commencement of Proceeding. Upon execution of this Amendment, the
City will proceed to acquire the Shopping Center Parcel and the Snelling Avenue Parcel as
expeditiously as practical. The Multifamily Developer shall pay for all Acquisition Costs with
respect to the Shopping Center Parcel and the Snelling Avenue Parcel. The City acknowledges
that time is of the essence and agrees to pursue its acquisition responsibilities in an expeditious
manner, including use of the "quick take" condemnation process pursuant to Minnesota Statutes,
Section 117.42. The City may take a reasonable. time to exhaust settlement before initiating
condemnation.
Section 3.4. Costs of Acquisition. [This] Amendment{;} [is
contingent upon] the Multifamily Developer ~~'~~" a°~~~~*' [immediately depositing] Two
Hundred Fifty Thousand and No/100 Dollars ($250,000.00) with the City to be applied by the
City at its discretion to cover f ~~~ ~~°~*~~„ ~~°*°l [Acquisition Costs]. To the extent that the
deposit is not sufficient to cover all [Acquisition Costs], the Multifamily
Developer shall pay to the City within fifteen (15) days of written demand by the City, or sooner
if the payment is needed to meet any deadline imposed by any statute, regulation, settlement or
court order, any additional amount necessary to meet such obligations. Developer will
indemnify and hold harmless the City from all [Acquisition Costs].
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Section 3.5. Conveyance of Parcels. Prior to the City taking title to and possession of the
Shopping Center Parcel{- [or in any other way obligating itself to acquire the parcel,
Multifamily] Developer shall pay to the City all 1~~~,,:~:*~^~ ~^~*~' [Acquisition Costs]
incurred to date, compensation to be paid to acquire the Shopping Center Parcel and deposit with
the City an additional amount to cover future ~^^^~~~°~*~^~ ^^~*^' [Acquisition Costs] which are
reasonably identifiable at that time. As soon as possible after the City takes title to and
possession of the Shopping Center Parcel and the Snelling Avenue Parcel, the City shall convey
title to the Shopping Center Parcel and the Snelling Avenue Parcel to the Multifamily Developer
pursuant to a Quit Claim Deed in the form attached hereto as Schedule M.
Section 3.6. Platting of Town Square Site. The Multifamily Developer shall obtain
approval of a Plat of the Town Square Site, known as Falcon Heights Town Square, and a
[Planned Unit Development ("PUD")] of such property, all in
accordance with City ordinances and procedures. In connection with approval of the Plat, the
Multifamily Developer will enter into a PUD Agreement and Construction Development
Contract. The parties agree and understand that on or before the Closing Date of the First
Mortgage Loan, the Multifamily Developer will (a) close on acquisition of the Shopping Center
Parcel, any portion of the Snelling Avenue Parcel required for the Multifamily Development
Property and the Restaurant Parcel, (b) file the Plat, and (c) convey portions of the platted
property to the Senior Developer and the Townhome Developer, all as further described in this
• Article.
Section 3.7. Conveyance of Senior Development Property. The Multifamily Developer
will convey the Senior Development Property to the Senior Developer for such consideration as
the Multifamily Developer and the Senior Developer mutually agree.
Section 3.8. Conveyance of Townhome Development Property. The Multifamily
Developer will convey the Townhome Development Property to the Townhome Developer for
such consideration as the Multifamily Developer and the Townhome Developer mutually agree.
•
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3. Article IX is amended by adding the following subsection:
Section 9.2 (c) If Developer defaults on its obligation under Paragraph 3.5, the City may
abandon the condemnation proceeding (to acquire the Shopping Center Parcel]. Any costs
incurred by the City, including any amounts the City is obligated to pay to owners named in the
condemnation petition or other individuals or entities for attorneys fees, appraisal fees,
relocation payments and other costs [or damages] shall be considered {a
[Acquisition Costs].
4. Except as amended by this document, all other terms and conditions of the Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
• Development Agreement on the day and year first above written.
CITY OF FALCON HEIGHTS
By:
Susan L. Gehrz, Mayor
By:
U
Heather M. Worthington
City Administrator/Clerk
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
George E. Sherman, President
By:
3)
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•
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 2003,
by Susan L. Gehrz and Heather M. Worthington, respectively the Mayor and City Administrator/Clerk
of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of said corporation and
pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2003, by George E. Sherman, the President of Sherman Associates, Inc., a Minnesota corporation, the
General Partner of Falcon Heights Town Square Limited Partnership, a Minnesota limited partnership,
. on behalf of said limited partnership.
Notary Public
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS/cjh
•
3a
•
CLEAN COPY
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF FALCON HEIGHTS
AND FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, effective the day of
2003 by and between the City of Falcon Heights, a Minnesota municipal corporation
(hereinafter referred to as the "City") and Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership (hereinafter referred to as the "Multifamily Developer").
Recitals
A. The parties entered into a Development Agreement dated , 2003
("Agreement").
B. The parties wish to amend the Agreement's provisions as herein provided.
NOW THEREFORE, it is agreed between the parties as follows:
1. The Article I definition of "Acquisition Costs" is amended to read as follows:
"Acquisition Costs" means the total amount paid by the City to acquire or attempt to
acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue
Frontage Road - North of Larpenteur, including, but not limited to, the following: (1) the
amount of compensation paid by the City for the real property either by settlement or as
determined in the eminent domain proceedings to the owners of the Shopping Center
Parcel and Snelling Avenue Parcel; (2) any payment to any owner or tenant for loss of
going concern value; (3) any payment for fixtures; (4) relocation benefits paid to an
owner or tenant pursuant to Minn. Stat. Ch. 117, the Federal Uniform Relocation
Assistance Act, or any other state or federal statute or regulation; (5) costs incurred by the
City in providing relocation services; (6) all appraisal costs; (7) reasonable legal fees
incurred by the City in any aspect of either the eminent domain proceeding or relocation
benefit process; (8) appraisal, relocation and other expert witness fees and costs, and any
other reasonable litigation expenses incurred in connection with the eminent domain
proceedings or relocation benefit process.
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2. Article III is amended to read in its entirety as follows:
Section 3.1. Acquisition of Restaurant and Snelling Avenue Parcels. The City and the
Multifamily Developer acknowledge and agree as follows:
(a) The Multifamily Developer has acquired the Restaurant Parcel.
(b) The City will exercise, to the extent of its legal authority to do so, its powers of
eminent domain to acquire the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -
North of Larpenteur and convey the parcels to the Multifamily Developer in consideration of the
Multifamily Developer's payment of the Acquisition Costs. The Multifamily Developer shall
pay the Acquisition Costs upon receipt of a Quit Claim Deed in the form attached hereto as
Schedule M.
Section 3.2. Acquisition of Shopping Center Parcel. The Multifamily Developer has
used its best efforts to acquire the Shopping Center Parcel directly from its third party owner
pursuant to terms and conditions that are feasible for the redevelopment of the Town Square Site.
As of the date of this Agreement, the Multifamily Developer has been unsuccessful in its efforts
to acquire the Shopping Center Parcel pursuant to such terms and conditions. The City,
therefore, will exercise its powers of eminent domain, to the extent of its legal authority to do so,
• to acquire the Shopping Center Parcel and convey such parcel to the Multifamily Developer
pursuant to this Agreement.
Section 3.3. Commencement of Proceeding. Upon execution of this Amendment, the
City will proceed to acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the
Snelling Avenue Frontage Road -North of Larpenteur as expeditiously as practical. The
Multifamily Developer shall pay for all Acquisition Costs with respect to the Shopping Center
Parcel, the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -North of
Larpenteur. The City acknowledges that time is of the essence and agrees to pursue its
acquisition responsibilities in an expeditious manner, including use of the "quick take"
condemnation process pursuant to Minnesota Statutes, Section 117.42. The City may take a
reasonable time to exhaust settlement before initiating condemnation.
Section 3.4. Costs of Acquisition. This Amendment is contingent upon the Multifamily
Developer immediately depositing Two Hundred Fifty Thousand and No/100 Dollars
($250,000.00) with the City to be applied by the City at its discretion to cover Acquisition Costs.
To the extent that the deposit is not sufficient to cover all Acquisition Costs, the Multifamily
Developer shall pay to the City within fifteen (15) days of written demand by the City, or sooner
if the payment is needed to meet any deadline imposed by any statute, regulation, settlement or
court order, any additional amount necessary to meet such obligations. Developer will
indemnify and hold harmless the City from all Acquisition Costs.
•
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•
Section 3.5. Conveyance of Parcels. Prior to the City taking title to and possession of the
Shopping Center Parcel or in any other way obligating itself to acquire the parcel, Multifamily
Developer shall pay to the City all Acquisition Costs incurred to date, compensation to be paid to
acquire the Shopping Center Parcel and deposit with the City an additional amount to cover
future Acquisition Costs which are reasonably identifiable at that time. As soon as possible after
the City takes title to and possession of the Shopping Center Parcel and the Snelling Avenue
Parcel, the City shall convey title to the Shopping Center Parcel and the Snelling Avenue Parcel
to the Multifamily Developer pursuant to a Quit Claim Deed in the form attached hereto as
Schedule M.
Section 3.6. Platting of Town Square Site. The Multifamily Developer shall obtain
approval of a Plat of the Town Square Site, known as Falcon Heights Town Square, and a
Planned Unit Development ("PUD") of such property, all in accordance with City ordinances
and procedures. In connection with approval of the Plat, the Multifamily Developer will enter
into a PUD Agreement and Construction Development Contract. The parties agree and
understand that on or before the Closing Date of the First Mortgage Loan, the Multifamily
Developer will (a) close on acquisition of the Shopping Center Parcel, any portion of the
Snelling Avenue Parcel required for the Multifamily Development Property and the Restaurant
Parcel, (b) file the Plat, and (c) convey. portions of the platted property to the Senior Developer
and the Townhome Developer, all as further described in this Article.
Section 3.7. Conveyance of Senior Development Property. The Multifamily Developer
will convey the Senior Development Property to the Senior Developer for such consideration as
the Multifamily Developer and the Senior Developer mutually agree.
Section 3.8. Conveyance of Townhome Development Property. The Multifamily
Developer will convey the Townhome Development Property to the Townhome Developer for
such consideration as the Multifamily Developer and the Townhome Developer mutually agree.
3. Except as amended by this document, all other terms and conditions of the Agreement
remain in full force and effect.
•
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•
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Development Agreement on the day and year first above written.
CITY OF FALCON HEIGHTS
By:
Susan L. Gehrz, Mayor
By:
Heather M. Worthington
City Administrator/Clerk
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
By:
George E. Sherman, President
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 2003,
by Susan L. Gehrz and Heather M. Worthington, respectively the Mayor and City Administrator/Clerk
of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of said corporation and
pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2003, by George E. Sherman, the President of Sherman Associates, Inc., a Minnesota corporation, the
General Partner of Falcon Heights Town Square Limited Partnership, a Minnesota limited partnership,
on behalf of said limited partnership.
• Notary Public
3`
•
•
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS/cjh
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POLICY ITEM: G3
6/25/03
ITEM: Recognition of Leo Lindig and His Family for Thirty-Eight Years
of Service to the Falcon Heights Fire Department
SUBMITTED BY: Clem Kurhajetz, Fire Chief, and Mary Shea Kodluboy, Deputy Clerk
EXPLANATION/SUMMARY:
Summary: Leo Lindig is retiring from the Falcon Heights Fire Department, after thirty-eight years
of service. Leo, during the course of his career, held every position on the Fire Department, from
beginning firefighter to chief. He also served as president of the Relief Association for ten years. The
City wishes to show special recognition to Leo for his years of service, and also to his wife Barbara
and their family, for their involvement with the Fire Department.
A point of interest: Leo's boyhood home was located where the City Hall gazebo has been constructed.
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