HomeMy WebLinkAboutCC MINUTES 091420101
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 14, 2010
CALL TO ORDER
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councihnembers Gray, Jenson, Roth, and Stille.
Absent: None.
Also Present: City Manager Mike Momson, Finance Director Roger Larson, Fire Chief John
Malenick, Police Chief John Ohl, City Attorney Jay Lindgren, and Stacie Kvilvang of
Ehlers & Associates, Inc.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF SEPTEMBER 14, 2010 CITY COUNCIL MEETING AGENDA.
Motion by Councihnember Gray, seconded by Councilmember Stille, to approve the City
Council Meeting Agenda of September 14, 2010.
Motion carried unanimously.
II. PROCLAMATIONS AND RECOGNITIONS.
A. Heroic Citizen Award. John Malenick, Fire Chief, presenting,
Fire Chief Malenick shared the story of Randy Witthus' life saving efforts at Fitness Crossroads
with customer Tim Mccollow who collapsed while using the treadmill. He commended Mr.
Witthus and stated the success of this was a team effort in having the AED available, trained
staff at Fitness Crossroads, Mr. Witthus' efforts, and the response of the Police and Fire
Departments.
Mary Jo Mccollow, Mr. Mccollow's wife, expressed her gratitude to Mr. Witthus, Police and
Fire Staff, and the medical staff at HCMC.
Mayor Faust stated Mr. Witthus was just the beginning of the hero chain. He thanked Mr.
Mccollow and his family for being part of the hero chain by coming forward and letting people
see the positive result of learning CPR and purchasing AED's.
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City Council Regular Meeting Minutes
September 14, 2010
Page 2
Mayor Faust presented the Heroic Citizen Award to Randy Witthus for outstanding life saving
efforts with Cardiopulmonary Resuscitation and the Automated External Defibrillator performed
on June 11, 2010.
Mayor Faust commented that this situation is a classic partnership between business,
government, and the public.
B. Kiwanis Peanut Day Proclamation.
Mr. Tom Miller and Mr. George White of the Kiwanis Club were present to provide information
on the services provided by the Kiwanis and upcoming Kiwanis fundraising efforts. Mr. Miller
thanked the City for its support of the Kiwanis. He outlined the volunteer efforts of the Kiwanis
and announced that September 24, 2010 starts a new fundraising period for the organization.
Councilmember Jenson recited the Kiwanis Peanut Day Proclamation proclaiming Friday,
September 24, 2010 as St. Anthony Kiwanis Peanut Day.
Mayor Faust thanked the Kiwanis for the work the organization does in the community.
III. CONSENT AGENDA.
A. Consider August 24, 2010 Council meeting minutes;
B. Consider licenses and permits,
C. Consider payment of claims, and
D. Resolution 10-059; Closing Out the City of St. Anthony's 2005 Street Improvement
Construction Fund and Transferring the Remaining Funds to the 2005 Bond Fund.
City Manager Mornson provided a brief overview of Resolution 10-059.
Motion was made by Councilmember Roth, seconded by Councilmember Gray, to approve the
Consent Agenda items.
Motion carried unanimously.
IV. PUBLIC HEARING.
None.
V. REPORTS FROM COMMISSION AND STAFF.
None.
VI. GENERAL BUSINESS OF COUNCIL.
A. Resolution 10-056; Resolution Relating to Phase III Redevelopment Agreement by and
Among the City of St. Anthony Minnesota The Housing and Redevelopment Authority
City Council Regular Meeting Minutes
September 14, 2010
Page 3
1 of the City of St. Anthony, Minnesota and Apache Redevelopment LLC. ("The
2 Developer) Stacie Kvilvang, Ehlers & Associates, presenting. (tabled from the August
3 10. 2010 city council meeting)
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Ms. Stacie Kvilvang, Ehlers & Associates, discussed the history and improvements of the Silver
Lake Village Redevelopment, as well as the history of the development agreement for Phase III
Silver Lake Village Redevelopment. Ms. Kvilvang reviewed that at the August 10, 2010 City
Council meeting, Council requested a work session regarding the Phase III Development
Agreement. At the meeting, Council provided staff direction on the following proposed deal
points: 1) Further refinement of the definition of commencement of construction; 2) Priority of
repayment to City for the Fannie Mae loan with regards to the Phase IA make up note.
Ms. Kvilvang discussed staff meetings with the developer and the August 30, 2010 Council work
session discussion on the proposed terms of the Phase III Development Agreement. She
provided an overview of the following changes discussed with the City Council at the August 30,
2010 work session as they relate to the memorandum discussed at the August 10, 2010 City
Council meeting:
2. Surviving Provisions of the Phase I Development Agreement
a. Below Market Profit Tax Increment Assistance Increase
S. Phase III Tax Increment
a. Use and Amount of Increment
Phase 1118
Phase IIIC
Ms. Kvilvang advised that based upon Council direction, a provision has been added to the
agreement to require the Developer to prove to the City's satisfaction that the Developer has
project financing and the Developer has an actual ownership interest in the land (at least a
purchase agreement).
Councilmember Stille observed that from the developer's perspective, many things will need to
go very well in relation to the make up note provisions. He stated he believes this is a fair
compromise. He noted the City is in agreement with going forward with Phase IIIB and Phase
IIIC. They are providing a carrot for the developer to complete the project, which someone will
need to do if the current developer does not. The profit for the developer will not be a windfall;
in comparison to the values it will likely be in the neighborhood of 2% to 5% of the value.
Mayor Faust noted that the agreement presented at the August 10, 2010 City Council meeting
was not acceptable to the Council, and that Ms. Kvilvang and Mr. Lindgren have renegotiated
with the developer. He pointed out that the developer has completed the phases that include
Wal-Mart and the commerce buildings, the townhouses and cottages, and that the redevelopment
is at the tail end.
Councilmember Gray questioned when the City will receive proof that the developer has lost $2
million in the project. Ms. Kvilvang replied that this has been requested and the developer is
putting together the required paperwork for review.
City Council Regular Meeting Minutes
September 14, 2010
Page 4
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44 VII.
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Councilmember Gray verified that the development agreement is contingent upon receipt of the
proof of the $2 million loss in the project.
Councilmember Stille noted there had been discussion about the City being reimbursed for its
investment and repayment of the Fannie Mae loan and administrative costs for the project as part
of the refunding and rewrite on the bonds, versus being paid 50/50. The idea was that these fees
benefit the entire property and that the master developer had a stake in that. Ms. Kvilvang
replied that staff presented this request and the response was that the developer only has 50%
ownership in the Silver Lake Homes and is only able to negotiate their half away.
Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 10-
056; Resolution Relating to Phase III Redevelopment Agreement by and Among the City of St.
Anthony, Minnesota, The Housing and Redevelopment Authority of the City of St. Anthony,
Minnesota and Apache Redevelopment, LLC. ("The Developer)
City Attorney Lindgren advised that the Phase III Development Agreement has been prepared in
draft form and will be completed within a few days. The proposed resolution gives the Mayor
and City Manager authority to proceed with the agreement.
Mayor Faust asked if the developer agreed to the points of the agreement. Ms. Kvilvang replied
that the developer has agreed with the deal points as discussed.
Motion carried unanimously.
B. Resolution 10-060; Setting: the City of St. Anthony Proposed 2011 Tax Levy and Budget
in Compliance with the Truth in Taxation Act. Mike Mornson, City Manager, and Roger
Larson, Finance Director, presenting.
City Manager Mornson and Finance Director Larson provided a PowerPoint presentation on the
Proposed 2011 Budget. The presentation included the information presented at the August 24,
2010 City Council meeting. City Manager Mornson reviewed the proposed resolution setting the
City of St. Anthony Village Proposed 2011 Tax Levy and Budget.
Mayor Faust commented that keeping the general levy flat for three years may put the City at
risk at some point. The City Council understands the work done by the department heads and
staff, and they are also sensitive to what goes on in the economic times.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
10-060; Setting the City of St. Anthony Proposed 2011 Tax Levy and Budget in Compliance
with the Truth in Taxation Act.
Motion carried unanimously.
REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Mornson reported on the following:
City Council Regular Meeting Minutes
September 14, 2010
Page 5
1 • Sealcoating of several city streets was completed last week.
2 • Inventory Control System was completed in the liquor stores in August.
3 • Security System will be completed by the end of September.
4 • September 25, 2010 @ 5 p.m. — Battle of the Badges: Police vs. Fire Department softball
5 game to raise money for muscular dystrophy.
6 • October 9, 2010 — Market Place Liquor Store will be conducting a micro/specialty beer
7 day.
8 • Attendance at the following meetings on Thursday, September 9`h: 1) Metro Area
9 Managers Meeting — Bill Lester, Executive Director of Metropolitan Sports Facilities
10 Commission was present; 2) TIF Task Force Meeting — League of Minnesota Cities
11 conducted by Jennifer O'Rourke; 3) Ramsey County Administrators Meeting — Update
12 on Ramsey County activities.
13 • Hennepin County Ambulance will return to MFD Station 15 effective Monday,
14 September 13, 2010.
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16 Councilmember Stille: No report.
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18 Councilmember Gray: No report.
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20 Councilmember Jenson reported on his attendance at the August 30, 2010 City Council work
21 session with department heads and the September 9, 2010 St. Anthony Northwest Community
22 Service Advisory Committee Meeting with discussion on the 2009/2010 Budget.
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24 Councilmember Roth reported on his attendance at the September 2, 2010 North Suburban Cable
25 Commission Meeting.
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27 Mayor Faust reported on his attendance at the following events:
28 • August 30, 2010 City Council Work Session which included discussion on the 2011
29 Budget and the Phase III Redevelopment Agreement with Apache Redevelopment, LLC.
30 • September 1, 2010 Middle Mississippi Watershed Management Organization (MWMO)
31 Executive Board Meeting.
32 • September 14, 2010 monitoring session at the Mississippi River conducted by the
33 MWMO.
34 • September 14, 2010 MWMO Board Meeting. It has been determined that the
35 organization will be able to accomplish what it intended with the new building at the 25
36 foot setback approved by the Minneapolis Planning and Zoning Commission. The
37 MWMO Executive Director has been directed to execute bids for the new building on the
38 site. As a result of the MWMO's setback request the Minneapolis Planning and Zoning
39 Commission has set up a committee to look into how the city's ordinances could be
40 attuned to being more environmentally friendly.
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42 VIII. COMMUNITY FORUM.
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44 Mayor Faust invited residents to come forward at this time and address the Council on items that
45 are not on the regular agenda.
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City Council Regular Meeting Minutes
September 14, 2010
Page 6
IX.
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Hearing none, Mayor Faust moved forward with the agenda.
INFORMATION AND ANNOUNCEMENTS.
Councilmember Roth noted the City of Duluth is taking action to make synthetic marijuana
illegal in the City. He suggested the Council consider directing staff to look into this issue and
whether similar action should be enacted in St. Anthony.
Council consensus was to direct staff to research the action taken by the City of Duluth and other
municipalities in relation to city ordinances and synthetic marijuana, and whether similar action
would be appropriate for the City of St. Anthony.
City Manager Morrison noted that state legislators will be drafting legislation on this topic in the
next legislative session.
ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:06 p.m.
Respectfully submitted,
24 Carol Hamer
25 TimeSaver Off Site Secretarial, Inc.
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28 ATTEST:
29 City Clerk
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Mayor