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City Council Regular Meeting Minutes November 14, 2006 Page 6 Ms. Kvilvang replied there is no risk as there are specified qualified costs associated and a look back clause would ensure all expenditures were valid. 4 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve Resolution 5 06 -083, a Resolution Relating to a Fifth Amendment to a Redevelopment Agreement by and 6 among the City of St. Anthony, Minnesota, the Housing and Redevelopment Authority of the 7 City of St. Anthony, Minnesota, and Apache Redevelopment, LLC (the Developer), dated 8 December 19, 2003. 10 Motion carried unanimously. 11 12 D. Resolution 06 -084; Amendment to Assignment, Assumption, Easement, Park 13 Management, and Maintenance Agreement. 14 15 City Attorney Jay Lindgren explained the amendment dealt with a change to the maintenance 16 agreement that exists for the park area in Silver Lake Village. He explained the City entered into 17 a unique public /private partnership as a part of the development of that area. He further 18 explained the agreement is where an entity created by the developers owns the area and the 19 public has a right to use it through an easement and the development entity has the on -going 20 responsibility to maintain and ensure the area is included in the park. He stated that with the 21 addition of the Weather Man statue, the developer requests the City have responsibility for 22 maintenance of and the any liability caused by statue. He stated he and City Manager Momson 23 believe this is a reasonable request as the statue was added since the original maintenance 24 agreement was entered into. 25 26 Mayor Faust asked if this is just for the sculpture and not the band shell or the walking areas. 27 28 City Attorney Lindgren replied that was correct. 29 30 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve Resolution 31 06 -984, a Resolution Relating to a First Amendment to an Assignment, Assumption, Easement, 32 Park Management, and Maintenance Agreement By and Between St. Anthony Retail 33 Development, LLC, Apache Park, LLC, the Housing and Redevelopment Authority of the City 34 of St. Anthony and the City of St. Anthony, Minnesota. 35 36 Councilmember Horst explained to add clarity to the statue; Sakari Peltola, a Finnish sculptor, as 37 part of Minnesota Rocks Stone Carving Symposium, created the sculpture. He described the 38 statue as a large whimsical and beautiful sculpture of a man carrying a briefcase looking at a 39 cloud. He reported as part of an agreement with the Public Arts St. Paul, the City sent workers to 40 a class to learn how to maintain the sculpture. He stated the City would be in the best position to 41 do the maintenance now and in future. 42 43 Mayor Faust thanked Councilmember Horst for illuminating Council and for the history of the 44 statue. He stated it is good to have the background so people know what is happening. 45 46 Motion carried unanimously.