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HomeMy WebLinkAboutCC PACKET 03241992 1 I f j Meeting Sheet 1 I i I I ' 103056 i i I f I � 1 I I I � I' i Box: 30 i Folder: CC PACKETS 1990-1994 I� Document: CC PACKET 03241992 i i I � I I I i I i I. i I . I 1 CITY OF ST. ANTHONY coc- TL CI MARCH 214,AGENDA 7:30 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF MARCH 24, 1992 COUNCIL AGENDA. IV. APPROVAL OF MARCH 10, 1992 COUNCIL MINUTES. APPROVAL OF MARCH 14, 1992 COUNCIL SPECIAL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. • VI. PRESENTATION OF CLAIMS. A. NORWEST BANKS - $4,238.75. B. GAB BUSINESS SERVICES, INC. - $9,854.00. C. HANCE & LEVAHN - $2,400.00. D. NORTH SUBURBAN CABLE COMMISSION - $9,149.40. E. VERIFIED. VII. REPORTS. A. COUNCIL. B. CITY MANAGER. VIII. PUBLIC HEARINGS - NONE. IX. NEW BUSINESS. A. RAMSEY COUNTY - SILVER LAKE ROAD EXECUTIVE SUMMARY. X. UNFINISHED BUSINESS. XI. ADJOURNMENT. l � ? CITY OF ST. ANTHnNY 2 REGULAR COUNCIL, MEETING 4 5 MARCH 10 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The Council Meeting was called to order at 7 : 30 p .m. and the 11 Pledge of Allegiance was led by Mayor Ranallo . 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo , Councilmembers Marks , Enrooth , 17 Fleming and Wagner 18 19 Staff Present : City Manager Burt 20 21 22 3 . APPROVAL 0- MIARCH 10 , 1992 COUNCIL AGENDA 23 24 Motion by Enrooth, second by Marks to approve the Council 25 Agenda for the March 10 , 1992 Council Meeting with the �6 following additions : 7 28 Ad,1 to the City Manager ' s report three items ; Date of the '9 Volunteer Appreciation , Night , Entrance signs and Cable 30 Commission . 31 32 Motion carried unanimously 33 34 35 4 . APPROVAL OF MINUTES OF THE FEBRUARY 25 , 1992 COUNCIL MEETING 36 37 Motion by Marks , second by Wagner to approve the minutes of 38 the February 25 , 1992 Council Meeting with the following 39 corrections : 40 41 page 1 , line 11 : change "President" to "Mayor Pro-Tem" 42 page 1 , line 17 : change "President " to "Mayor Pro-Tem" 43 44 45 Motion carried unanimously 46 47 5 . LICENSES/PERMITS/PETITIONS 48 49 Bowl_in_g_Alley_ License 50 -- — 51 Motion by Marks , second by Fleming to approve the license for 402 a bowling alley for Minneapolis Bowl -O-Mat , Inc . in Apache 53 Plaza . 54 Motion carried unanimous!,, 1 RECUT AF COUt:=I MErTING 2 MARCH 10 , 1992 • 3 PAGE 2 4 6 Cigarette Licenses 7 8 Motion by Marks , second by Fleming to approve a cigarette 9 license for F.W. Woolworth in Apache Plaza . 10 11 Motion carried unanimously 12 13 14 Motion by Marks , second by Fleming to approve a cigarette 15 license for Murphy ' s Service Center , 3501 29th Avenue 16 Northeast . 17 18 Notion: carried unanimously. 14 20 21 Motion by Marks , second by Fleming to -approve a cigarette 22 license fDr Micc• Oil Company , Inc . at 2400 37th Avenue 23 Northeas. . 24 Motion carried unanimously 25 26 27 Motion: by Marks , second by Fleming to approve a cigarette • 28 license fcr Sid ' s Gat It For Less in Apache Plaza . 29 30 Motion carried unanimously 3i 32 33 Contractors ' Licenses 34 35 Motion by Marks , second by Fleming to approve the contractor ' s 36 license for Construction Labor Force , Inc . , DBA: Rite-Way 37 Waterproofing, Lino Lake , Mn . 38 39 40 Motion carried unanimously 41 42 43 Motion by Marks , second by Fleming to approve the contractor ' s- 44 license for Reliable Tree Service , Inc . , Fridley, Mn . 45 46 47 Motion carried unanimously 48 49 Motion by Marks , second by Fleming to approve the contractor ' s 50 license for Kra,,:s-Anderson Construction Company, Minneapolis , 51 Mn . 5� 5 Motion carried unanimously • 54 F.LGUL:.J C:.;UNCI. 0MAP(— 10 , 1_ 99- 3 PAGE ? 4 J 6 Service Station Licenses ° Motion by Marks , second by Fleming to approve the service 9 station license for Mico Oil Company, 2400 37th Avenue 1_0 Northeast . 11 12 Motion carried unanimously 13 14 1 :� Motion. by Marks , second by Fleming to approve the service lh station license for M-..:rphy ' s Service Center , 3501 29th Avenue 7 Northeast . 1: g Mo—i=- carried una,nimously 23 by M-arks , se-_Dn by Fleming to approve the vending ? = macs: ne I f cease ff o r Mllnnea polis Bow'_ -C-Mat , Inc . in Apacr.= _6 r1G_� . ;7 M-t i_--,n car=iec_unanim.ous1y 3 J 1 '•i,�t o:: :-y Vag :fs , second nv e �. ng ;o approve the vending 32 ? ice.- sa for A:-,:,7rican Coin Company , St . Anthony Lanes . -34 35 Motion carried unanimously 17 :8 Garbaaae Hauler Licenses 39 40 Motion by Marks , second by Fleming to approve the garbage 41 hauler license for Aagard Sanitation , St . Paul , Mn. 42 43 44 Motion carried unanimously 45 46 47 Motion by Marks , second by Fleming to approve the garbage 48 hauler license for Northern Disposal , Inc . , St . Paul , Mn . 49 50 51 Motion carried unan1mous11 04 I REGULAR COU CZL MEETINI3 • MARCH 10 . 1992 3 PAGE 4 4 6 Motion by Marks , second by Fleming to approve the garbage 7 hauler license for Vasko Rubbish Removal , Inc . , St . Paul , Mn 8 9 Motion carried unanimously 10 11 12 Motion by Marks , second by Fleming to approve the garbage 13 hauler license for Browning Ferris Industries , Inver Grove 14 Heights , Mn . 15 16 Motion carried unanimously 17 iu - 19 3_2 _ "On Sale". beer Licenses 21 Motion by Wagner , second by Enrooth to approve the 3 . 2 "On 22 Sale` beer license fcr Minneapolis Park and Recreation Board , 23 Gross Golf Course . 2Y 25 Roll call : Enrooth , Fleming , Wagner , Rana'_ to - aye 26 Marks - nay 27 2,�, Motion Carries � 2 r' c . K Motion: by Wagner , second by Enrooth to approve the 3 . 2 "On 32 Sale" beer license for Minneapolis Bowl-O-Mat , Apache Plaza . 33 34 Roll Call : Enrooth , Fleming, Wagner , Ranallo - aye 35 Marks - -nay 36 37 Motion carries. 3.8 39 40 6 . PRESENTATION OF CLAIMS 41 42 A. Independent School District #282 43 44 Motion by Wagner, second by Enrooth to approve payment in 45 the amount of $4 , 268 . 00 to Independent School District 46 #282 for costs associated with the Senior Citizen 47 Coordinator position . 48 49 The City Manager advised that this payment is the maximum 5C the City is allowed to pay and is taken from the 51 Community Development Block Grant funding allocatiob . 52 53 54 — -- ----- -1. REGULAR COUNCIL MEE:T':Q;_ MACH 1C , 1992 3 PAGE 5 4 5 6 B . F . F . Jedlicki , Inc . 7 8 Motion by Wagner , second by Enrooth to approve payment i:. 9 the amount of $3 , 080 . 00 to F. F. Jedlicki , Inc . for 10 professional services rendered for the repair of joints 11 in the arch pipe on the Highcrest Street pr.oject . 12 13 Motion carried unanimously 14 15 C . Barr Engineering i6 17 Motion by Wagner , second by Enrooth to approve payment in 18 the amount of $ 1 , 063 . 88 to Barr Engineering for 19 professional services rendered from December 1 , 1991 2 through February 1 , 1992 regarding District #6 . 21 22 Motion carried unanimously 23 24 D. Dorsey & Whitney Law Firm 25 - — 26 Motion by Wagner , second by Enrooth to approve payment in 17 the amount of $2 , 474 . 0-5 to Dorsey & Whitney law f irm for S professional services rendered through January 31 , 1992 . 25 30 Motion carried unanimously 3_ 32 E . Verified Claims 34 Motion by Wagner , second by Enrooth to approve payment of 35 the five pages of verified claims as submitted by the 36 City ' s Finance Director . 37 38 Motion carried unanimously 39 40 41 7 . REPORTS 42 43 A. Planning Commmission 44 45 Commissioner Murphy rep-resented the Planning Commission 46 at this Council Meeting. 47 48 Commissioner Murphy stated that the minutes of the 49 Planning Commission Meeting of Februray 18 , 1992 were 50 included in the Council agenda packet . ` 1 J 52 He referred to the minutes which addressed tie request from Shie}c ' s Garden Restaurant for a conditional use 04 permit . He noted that the Planning Co=nissic- is i PEGU I COUPCI MEET-_ G MARCH 10 , 1992 • 3 PAGE 6 4 6 recommending approval of the conditional use permit 7 request as it meets the three conditions required for 8 approval in the opinion of the members of the Commission . 9 10 11 Mr . Alwan , owner of Sheik ' s Garden Restaurant , is 12 considering having up to thirty amusement devices in his 13 operation . Presently, he is allowed only three . Mr. Alwan 14 had stated at the Commission Meeting these amusement 15 devices would afford him an opportunity to generate -more 16 revenue in the older , rear portion of his restaurant . He 17 felt these devices would be in keeping with his business 18 which will focus on families . 19 20 Commissioner Murphy observed that if Ordinance No . 1992- 21 001 were approved, it would be much easier to monitor the 22 operation . This ordinance would allow only the operator 23 of the establishment to hold the licenses to the 24 amusement devices with nc more than thirty-five devices 25 being allowec in one location . 26 27 Staff had also made recommendations for five conditions • 28 for granting approval of this request . They are as 29 follows : 30 31 1 . The arcade shall prohibit tobacco, a1coh•_--�1 , and 32 drugs on the premises . 33 34 2 . The arcade shall prohibit individuals under the 35 influence of tobacco , alcohol or drugs . 36 37 3 . Proper supervision should be available at all times 38 to ensure appropriate conduct and behavior . 39 40 4 . The access from kitchen to dining area shall be 41 segregated to ensure safety. 42 43 S . The number of amusement devices allowed will be 44 dependent_ upon the available number of amusement 45 device licenses and available space within the area 46 designated on the proposed plan . 47 48 Commissioner Murphy noted -that the five recommendations 49 of staff were included in the recommendation for approval 50 from the Planning Commission . Also, included in the Z1 Commission ' s recommendation was to require an annual 52 review by the Police Chief and staff with the owner . The 5' history of police calls and disturbances as well as • 54 complaints would be reviewed . 1 REGULAR. C07INCIL MEETING 9 MAPCH 10 , 1992 3 PAGE 7 4 5 6 This annual review had been - in place with a business 7 which previously operated amusement devices in Apache g Plaza . Q 10 Marks inquired what the Planning Commission recommended 11 for action if there were problems generated by these 12 devices . 13 14 Commissioner Murphy responded that he had made a similar 15 inquiry at the Planning Commission meeting. It was 16 determined that if the annual review reflected continued 17 troublesome activity the conditional use permit could be 18 revoked as could the licenses for the amusement devices . 19 20 The City Manager felt it would be rather difficult to 21 rev�Dke a conditional use permit but probably be easier to 22 revoke a permit . G i Marks inquired if a one year ime limit coulC h°_ r1ace^ 25 on the coa_d_ tior.al use permit for better control . T1:e E City Manager felt this was a possibility and had been ��7 done wit-. a previous c.^_nditicnal use permit issued for a 3 b"= iness in Apache Plaza . 29 30 The Mayor recalled that "probable cause" had to '-be shoes=:. 31 to take th1S aCtiO?'i and this could never done 3 satisfactorily. 33 34 Commissioner Murphy noted that much frustration was 35 experienced by the owner of the Malt Shop with the lack 36 of coopertion from .the shopping mall security personnel . 'S The City Manager stated that the Police Chief has 39 indicated he will most likely have to alter the patrol 40 schedule to accommodate more patrolling rounds of the 41 area if this. request is approved. 42 43 Wagner inquired what the mix of amusement devices would 44 be . Commissioner Murphy responded that Mr. Alwan intends 45 to have eight kiddie rides with the remainder being video 46 games . All of the video games will be in the back area of 47 the establishment according to the sketchy floor plan 48 submitted by the owner . It was noted that the remodelling 49 indicated on the site plan is not yet done . 50 51 Wagner noted that video games focus on teenagers ar:d 52 inquired what aye group the arnuserr.e;-it devices is inte.- ed 03 to attract . 4 3 P E 8 6 Mir . Alwan stated feat he is focusing on youngsters from 7 five to fifteen . 8 9 Don Tonnell , a resident of St . Anthony , spoke in support 1C of approval of the conditional use permit . He noted he iS 11 in the shopping mall frequently and feels this type of 12 operation will be beneficial for the businesses located 13 there . 14 15 The City Manager advised that some of the site plan has 16 changed somewhat . The location of the games will not be 17 as close to the kitchen as indicated in the site plan to 18 avoid problems with food service . The games will be in 19 front of the operation . Staff was not concerned with the 2i location of the games but this can be made part of the 21 conditional use permit . 23 Marrs inquired wh-at the hours of operation were planned . 24 Mr . Alwan responded that they will be from 10 : 00 a .m. to 25 i0 : 00 p .m. which are different from the hours of 26 operation of Apache Plaza . Mr . Alwan felt this would pose 27 no problems as the business has its own entrance . He 2=- Stated he X1: 11 hire police if there is a need . • 2 ; 3C The ;kayo: inquired what experience Mr . Alwan had with 31 this type of operation . Mr . Alwan stated he had experience in his native country of Iraq . He also 3? operated the Fur: Center for approximately two months . He 34 found this difficult as the smoke bothered him. 3J 36 The Mayor stated his opposition to the granting of the 37 conditional use permit . He views the operation as a fur: 38 center and arcade and feels another business of this type 39 is not needed in St . Anthony. He reflected on the 40 problems which have been experienced with this type of 41 business in the past . He has no problems with the kiddie 42 rides but recalled the problems associated with a former . 43 operation with video games at the shopping mall even when 44 the owner tried . to make it very successful .. 45 46 Mr . Alwan observed the problems presently happening with 47 the bowling alley at Apache Plaza and felt they all 48 stemmed from poor supervision. He stated he intends to 49 have considerable control and supervision at his 5C establishment . He is focusing on having this business a 51 successful restaurant rather than an arcade . Mr . Alwan 52 stated the amount of money he has already put into the 5 operation and s ome of the daily specials he is including 5c on the menu . 1 REGL�A=. CGUc:C.L • 2 T:F.RCH . "D , 10192" LACE 9 4 5 6 Mayor Ranallo again stated he envisions. this operation 7 becoming an arcade or fun center and that it has all of 8 the potential for problems which the former operation 9 experienced . i0 11 The Mayor noted that the Fun. Center located at St . 12 Anthony Shopping Center is run on a very strict basis 13 regarding behavior and regulations . He felt this business 14 may not be able to continue as it is operated so very 15 well . 16 17 Motion by Marks , second by Enrooth to approve the 18 conditional use permit for Sheik ' s Garden Restaurant with 19 the saM conditions as the Plannina Com:::ission C. recommended . 2 1 2% F e m ing inquired what some of the concerns of the 23 Planning Comimission were . The City Manager states that 24 t*:e Police Chief sees no particular problems but he 25 anticipates increasing patrols and manpower focused on 26. :his location . There was some concern for possible 7'7 smskir.g in the corrid.--,r near the business . �5. 9 City Manager suggested that an annual review be 3-0 i n i uede-d as a cones 1 t i on of the cond i t i ona i use permi t . He 31 felt that for tr:e . Counci1 to not issue a new license would rea-aire very good documentation , so the staff would 33 keep stringent records regarding warnings or calls for 34 service from the Police Department . 35 3E The Mayor recalled that there were frequent meetings by 37 the owner of the Malt Shop and the City Council as well 38 as the Planning Co;-rtmission . The problems still continued. 39 40 Wagner had concern with the number of video games versus 41 the kiddie rides . He felt families may not patronize the 42 restaurant with so many video games there . He inquired if 43 Mr . Alwan intended to replace the kiddie rides with video 44 games if they were not used. Mr . Alwan responded he has 45 no such plans . 46 47 Mayor Ranallo observed that a pool table is included on 48 the site plan . Mr . Alwan stated that he does not intend 49 to have a pool table in his establishment and did not CO notice this item on the site plan when he signed the 51 application. . 5% 53 Marks requested that the word "billiards" be exluded fr--.:r, the language of the conditional use permit ap.-lication . '.7%F 10 , 199_ • J He also reque_ste7 that the application include thct th=_ 6 conditional use permit is being approved for one year and 7 that the next request include a review and a new 8 application . 9 10 Fleming inquired what the split of kiddie rides and viden 11 games is being considered . Mr . Alwan responded he intends 12 to have eight kiddie rides and twenty to twenty-two video 13 games . i4 15 Roll call : Marks , Enrooth - aye i6 Wagner , Fleming, Ranallo - nay 17 Motion fails ra 20 � 1 1!aycr Ran al I o fel t that the answers t0 the questions on %2 the c^nCitions regaraing a conditional use permit were a! 1 net satisfactorily answered . one condition addresse- 24 the health , safety and welfare of patrons . He recalle:: ? : the t:zreat of gang activities With the Malt Shop . 26 27 2:r . Alwan was a_%!ised he cou'_d ar..ply again cv •r� E CL n c i 1 L p R om. - - ,o ff ' --=c i�_ =m w e r W a: r J % J Counc i lme mber Wagner attended the meeting of the Apache 3 : Plaza Board last week . He felt the new Marketing Director 3_ is doing a gDod job . The landscape/home show was received 36 quite well . There have been new booths installed in the 37 *:all of the plaza . ?5 39 On March 24th , the Apache Plaza Merchants is holding its 40 annual meeting. The City Council ' s position on Tax 41 Increment Financing for the proposed CUB store will be 42 discussed. Wagner noted that negotiations on that matter 43 are continuing. 44 45 The Mayor inquired if there was any discussion of the 46 "St . Anthony Dollars" as the denominations were changed . 47 He noted that originally they were going to printed in 43 ten and twenty dollar denominations . Now the Chamber of 49 Commerce , who sponsors the campaign , has changed the 50 denominations to five and ter. dollars . Some of the 51 merchants at the St . Anthony Shopping Center have ;2 indicated an interest in these smaller amounts . 53 •5:; Wagner noted that this w 11 be brough* up at tl he m=et i :c REGULAR COUNCIL MEETING f MACH 10 , 1992 PAGE 11 J 6 on March 24th . 7 8 Report of Councilmember Fleming 9 10 Councilmember Fleming had nothing to report at this time . 11 12 Report of Councilmember Marks i3 14 Marks has received correspondence from Salo, Finland, St . i5 Anthony ' s Sister City, regarding the gender of those who will '_ 6 be visiting this summer . Accommodations are being firmed up . 17 K The Silent Auction at the Leap into Spring Party on February ;' 29th reali7e_d a profit of approximately $ 1 , 200 . This money 2C. will be used by the Sister City Committee . 2 : 22 Marks advised he will be out of town on March 24t!? , which is 23 a regularly scheduled Council Melting . Enrooth will also not 24 be attending this meeting . 2 J 26 Mayor Ranal o noted that there are two public hearings 27 scheduled for March 24th . The City Manager advised that the �o public hearings can be tabled until the next Council Meeting. . a 30 Re==,rt_of Counci lm Mber 32 Enrooth reported that the Village Fest Committee met on . Mar'ch 33 9t^ . A full slate of officers is in place , there is a complete 34 Board of Directors and all of committees have chairperson: 3� positions filled . 36 7 In the Mayor ' s absence , Enrooth attended a Girl Scout function 3E- and read the Girl Scout proclamation approved at the last 39 Council Meeting . 40 41 Enrooth received a call from Edna Bergerson, a St . Anthony 42 resident , who is concerned about the visiblity at 37th Avenue 43 and Foss Road . She felt there is a problem with site lines for 44 motorists going south because of a fence located in that area . 45 46 The City Manager stated that 37th Avenue is a . county road . He 47 recalled that the installation of the fence had been requested 48 by the townhome owners on Foss Road . 49 50 Wagner remembered Ramsey County approving its installation but 51 that there have been site line complaints ever since its 52 installation . I&4 Mayer Rana! 1c has also received a resident cal regarding the 1 REGULAR CGU'.ti..L MEN?IhG 2 MARCH 10 , 1992 PAGE 12 4 J 6 stop sign on Old Highway #88 . 7 8 Retiort of Mayor Ranallo 9 10 The Mayor reported on the recent Gopher Award Presentations 11 which were made to Jeremy Rice and Tony d 'Agostino. The 12 organization sponsors baseball events for boys from ages 13 13 through 16 and hope to be able to offer similar programs to 14 girls in the near future . The Mayor noted that all of the 15 youngsters involved have an opportunity to participate . They 16 received winner ' s rings similar to those awarded to 17 progessional athletes . 1 V 1 ° On Marcy: 3rd , twenty-two metropolitan mayors met at meeting 20 hosted by the Association of Metropolitan Municipalities at 21 the Kelly Inn in St . Paul . The purpose of the meeting was to 22 discuss the projected State shortfall . All of those attending 23 agreed to send a letter to Governor Carlson requesting he 24 consider using some of the State ' s "rainy day" fund for the 25 sh •rtfall as well as combining some state departments . 26 27 Mayor Rar.allo noted that the City of St . Anthony will be • 28 losinc $30 , 000 in State Aid funds . He noted that an additional 29 am.oun`. of state f u n rd in:y may also be lost with the 30 disappearance -of all local government aids . At this point in 31 time n..-, cutbacks of the Homestead Credit are being con si der e3 32 33 The Mayor requested. that_ members of the Council consider a 34 work session be held in the afternoon with department heads 35 and staff to consider options to deal with the potential_ 36 shortfall . He felt nc matter who was responsible for a 37 shortfall that the City Council would be blamed for any 38 decrease in services . 39 40 On March 5th a Cable Commission Meeting was held and five 41 commissioners attended. There was question whether there was 42 a quorum but the body voted anyhow. The Mayor noted that there 43 is $13 , 000 available for scholarships for students pursuing 44 careers in cable television, journalism, etc . The recipient of 45 the scholarship not necessarily be in the senior year of 46 school . The scholarhips will be awarded at a banquet at the 47 Hyatt Regency on March 16th or 17th. Mayor Ranallo advised 48 that tickets are available for any members of the Council to 49 attend who so desired. 50 51 The Mayor advised that any residents who wish to Y.a•✓� a vide_ 52 tape rur. on cable need only bring the tape to the stud:^ for 53 editino and it will be rein . J 4 MFR'_—i 10 , 1492 �3 P A G 13 6 Mayor Rana llo advised he tared the results of the Planning 7 Conference on February 27th. He felt Dave Urbia had done all, 8 excellent job of interviewing and preparing the information 9 for taping. The City Manager stated i.t should be running on 1Q cable by the end of the month . 11 12 The City Manager said that Bill Zawislak has informally 13 resigned from the Cable Commission as a representative of St . lz Anthony . An application has been received from a resident who is interested in serving on the Commission . The City Manager 1-16 felt it may be appropriate for the Mayor or a Counc i lmember to 1 7 represent the City on the Cable Commission . He also noted that 18 a request is still in fc equipment needed to run tapes on th- 19 local access channel_ #16 . 20 T�s: Mayor recalled that the Cable Co.r=nission ' s Executive 22 S_crttary stated that St . Anthony had not really gotten its 23 share of equipment . He noted his willingness to serve on the- 4 Cable Commission wh ch mects on the first Vnursday of eaCh 25 month . T:,,e City Manage- or his designee could also i:e a 26 represe::`ative . CC-unc-i .1 E,: e Marks reca _ 1 =.0 that the f lrst rez.resentat _ e _rOm: $i A1.t.:C': y was a C^'a 11ci !mer".�er . �l 3� :� _ `j' Mc;:a -- �`'= - = rE •:i .. = . �3 i . c.'! to submit a c:-ma1 - - letzcir of resignation . 33 s Motion by Wagner , second by Enrooth to authorize the City 35 Manager or his designee to represent the City of St . Ant--ny 36 on the Cable Co:mamissicn for an indefinite period of time . �-7 38 Motion carried unanimously J� c� C . Report of the -City Manager 41 42 1 . Reschedule Work Session 43 A Council work session was scheduled for Tuesday , 44 March 31st at 7 : 00 p .m. The primary item rfc•r 45 discussion will be the budget . 46 47 Mayor Ranallo requested that Council and staff 45 review the City ' s bonds of indebtedness , general 49 obligations , etc . in terms of saving some money . 50 The City Manager noted that how cities will buda=t 51 in the future will be c;:anging . The Mayor felt that 52 all school districts will be drafting inf_ rm:atic:7 3 for referendums . 4 1 REGULAR COUNCIL MEETING 2 MARCH 10 , 199% 3 PAGE 14 4 5 6 2 . Metropolitan Waste Control Commission - Re : 7 Inflow/Infiltration System 8 The City Manager advised that the information 9 regarding the MWCC Inflow/Infiltration System was 10 left out of the agenda packet . He will see that 11 this information is included in the next Council 12 packet . 13 14 3 . Trainina Public Service Delivery Seminar 15 The Minnesota Mayor ' s Association is sponsoring a 16 seminar on April 10th which will address the 17 delivery of public services . The Mayor indicated he 18 intends to attend the seminar which will be held in 19 St . Cloud and encouraged all other Counci _mem*_bers 20 to attend if possible . 21 22 All Councilmembers received a notice cf this 23 seminar with information regarding its purpose . 24 25 4 . Parkina Ordinance 26 The City Manager , the Public Works Director and the 27 Management Assistant put together a video which 23 taped situations of vehicles parked on private and • 29 pu'r;lic property . Some of these instances were in vlClatlOn of City ordinances and come_ were not . 31 32 The Cou-cii viewed the tape with the City Manager narrating. 34 35 Some of the examples cited in the video dealt with 36 vehicles parked on non-paved surfaces , boats on 37 private property , recreational vehicles parked for 38 a lengthy amount of time on private property, and 39 vehicles and recreational equipment parked on a 40 seasonal basis on private property as well as on 41 public property. 42 43 The City Manager noted that since the ordinance 44 requires vehicles be parked on a paved surface many 45 residents have moved their vehicles from their back 46 yards to their front yards . He also observed that 47 some recreational vehicles are parked in a 48 resident ' s front yard because there is not access 49 to the back yard . CO 51 Some commercial vehicles are also parked on private 5-) property which are used for employment purposes . r � 54 The City Manager noted that the ordinance has been • 1 REGULAR COUNCIi N,EETII,: 2 MARCH 10 , 1992 0 3 PAGE 15 4 5 6 drafted with many conditions and addresses hard and 7 difficult issues . Some of these issues are 8 commercial vehicles parking limitations , moving 9 vehicle from back of the home to the front , and 10 storage of seasonal vehicles . 11 12 The City Manager requested direction from the 13 Councilmembers regarding how "tough" this ordinance 14 should be . He inquired what kind of standard the 15 Council chooses to set . 16 17 The Mayor requested each Councilmember to meet with 10 the City Manager to state his/her preferences for i9 issues to be included in this ordinance . The City 20 Manager stated he hopes to have this ordinance 21 prepared for its first reading in April and 22 requested all Councilmembers get their co7anents to 23 him as soon as possible . 24 25 Councilmember Enrooth felt there would be 26 considerable vocal opposition to this ordinance . He 27 ir.quire3 if there was enough support on the Council 0.8 to pass and enforce a tough ordinance . 9 30 The City Manager agreed that ce�tai:ily the 31 Counc i lmemhers w l _' be contacted by those residents 32 wy:o disagree with the requirements of the 33 Orc:r:c-:c_ . M fElt the present 34 conditions regarding storage/parking of vehicles 35 has begun to deteriorate the neighborhoods in the 36 City . - 7 g 5 . Volunteer Appreciation Night 39 Volunteer Week is April 26th to May 2nd . The Mayor 40 requested that the Volunteer Appreciation affair be 41 moved from April 20th to the 27th . He is still 42 trying to contact the guest speaker, Hal Schippitz 43 from Hennepin County, who will speak on stress 44 management . 45 46 6 . Entrance Signs 47 The City Manager advised that the new signs for the 48 entrances to the City are all in place. The funds 49 for the entire project were donated by the Kiwanis 50 Club . 51 52 He feels now that the signs are in place they 53 appear to be quite small . Larger signs will be �4 ordered when these need replaci.ig . 3 PAGE i6 a 5 6 Councilmember Wagner requested that the Kiwanis 7 Club sign be attached to the bottom of the entrance 8 signs . Councilmember Enrooth observed that mangy; 9 signs in the City have a long list of civic 10 organizations attached to the bottom of them. 11 12 Motion by Ranallo, second by Marks to allow the 13 Kiwanis Club to add their club sign to the bottom 14 of the signs marking the entries to the city . 15 16 Motion carried unanimously 17 18 8 . PUBLIC HEARINGS 19 20 There were no pudic hearings . �t 22 9 . NEW BUSINE 23 -- -- 24 A. Proposed-Election Jud!� List for Presidential Primary 2` 2b Mot ion by Narks , second by En_ooth to approve the list of 0 27 e' ection Judges for the Aprii 7 , 1992 Presidential- 20 Primary as submitted by the City Clerk . 29 30 Motion carried unanimously 31 32 B . Resolution: No . 92-020 Re : Hepatitis B Vaccination 3 3 Aqrgem-_n t- 34 35 The City Manager advised that the vaccine for this 36 program is very expensive . He stated that this program 37 entails a series of three shots . Most of the firefighters 3E and police officers have already had this done plus all 39 of the reserves and the 49 ' er ' s . There are three new 40 public works employees and two new police officers who 41 will require the vaccinations . 42 43 Motion by Marks , second by Fleming to approve Resolution 44 No. 92-080 being a resolution authorizing the Mayor and 45 City Manager to execute an agreement between the City of 46 St . Anthony and the .City of Bloomington for provision of 47 Hepatitis B vaccine . 48 49 Motion carried unanimously. 51 53 54 i L 2 MARCH 10 , 1992 3 PAGE 17 4 5 6 C . Resolution No . 92-021 ; Re : Warning Sian Replacement 7 Program 8 9 Motion by Marks , second by Wagner to approve Resolution 10 No. 92-021 being a resolution authorizing the Mayor and 11 City Manager to execute the agreement with Hennepin 12 County for participation in the Regulatory and Warnin. 13 Sign Replacement Program. 14 15 Motion carried unanimously 16 17 D . Pans i cat ions/Cali for Bids ; Re : Old Highway #8 Reconstruction Project 20 Motion by Wanner , second by Narks to approve the plans 21 and specifications for the Old Highway #8 Reconstruction. 22 Project a:*:d to authorize staff to call for bids on said 23 project . �G 25 Motion carried unanimously r 10 . UN Th-S- i�D 30 A. Ordinance No . 1992-001 Re • Am, usemer.t Devices (Th _c 31 Readin ) 32 33 The City Manager advised that the City Attorney added a 34 phrase to the ordinance for its second reading which 35 states that no portion of the fee for the amusement 3E device license will be refunded . 37 38 Motion by Marks , second by Fleming to approve the third 39 reading and passage of Ordinance No. 1992-001 being an 40 ordinance relating to licenses for amusement devices ; 41 amending Section 401 : 00 to limit the number of licenses 42 for any one establishment ; and amending Section 401 : 00 to 43 add new Sections 401 : 15 and 401 : 20 . 44 45 46 Motion carried unanimously 47 4� 11 . ADJOURNMENT 49 50 Motion by Enrooth , second by Marks to adjourn the meeting zit �1 9 . 20 p . m. _ j3 Moti Y on car ?ed—u:��:: ` :^.ou 'y 54 — -- l REGULAR COUN-IL MEETING 2 MAR:H 10 , 1992 3 PAGE 18 4 5 6 7 Respectfully submitted , 8 9 10 Jo-Anne Student , Council Secretary 11 12 13 14 15 Mayor Clarence Ranallo 16 17 18 19 ATTEST: 20 City Clerk 21 22' _ 3 '4 25 26 i 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 • Minutes from Special City Council Meeting March 14, 1992 3 The meeting began at 9:00 A.M.. 4 Council Present: Clarence Ranallo, Mayor, Councilmembers Dorothy Fleming, Dick 5 Enrooth; George Wagner 6 Absent: George Marks 7 Staff Present: Tom Burt, City Manager 8 CR: ......you were leaving town this afternoon and I talked with George and about the only 9 time that George really had a chance to meet was late this afternoon and Monday 10 was out so he said to go ahead and have the meeting without him and he would talk 11 to Tom Burt Monday morning and see what we had discussed today. 12 So the two things on the agenda will be a letter to the Governor along with letters 13 to the state senator and state representative and then some ideas that each one of 14 us have that we can give to Tom between now and the Council.meeting on the 24th. 15 I know we've got a work session set for March 31st, but this is so drastic that I think 16 we need to look at taking some action at our 24th Council meeting. So, if that's OK, �7 those two items on the agenda. Has anybody got anything else they want to add to 8 the agenda or that needs to be taken care of? Then we'll go with those two items. 19 What I did as far as trying to alert as many people as I could to this meeting is that 20 I had Connie and Tom call the Bulletin, Neal directly, and call Margo Ashmore of 21 the Northeaster directly advising them of this meeting. A fax to the Focus, and it's 22 been posted as usual plus on the Kiwanis board. So far I've had one person 23 responding to the Kiwanis board. 24 Over the past 2 or 3 days, I've talked with the League of Minnesota Cities and the 25 AMM. The first alert that we had was that they were looking at cutting 8% of our 26 revenue base, cutting all cities 8.2% of their revenue base. AMM calculated that out 27 to be $127,316 for St. Anthony. In fact, the maximum of our local government aid 28 and that was only 7.5% of our revenue base. Since then that's been confirmed that 29 that is what the figure is. 30 There is some ontroversey over this 8.2%. The governor said that in order to make 31 up for the big shortfall, he's proposing that local government aid be cut by $71.6 32 million for this year's cities budgets. The cuts are limited to city aid other than 33 HACA. Since then, someone alerted him to the fact that not all cities had local 34 government aid. So now they're saying, "Wait a minute, if all cities don't have local 35 government aid, we still want 8.2% of their tax revenue base so we better look at 6 HACA." There is a possibility that we could lose some more money. 2 • 1 These are all the things I have tried to talk to Mary Jo McGuire about. I've talked 2 to her via the voice mail thing. Her response was to Roger was "Everything's been 3 taken care of, Tom. But that was in response to the HRA question that you had 4 talked to her about,,not this. She called me back and clarified. She said they have 5 been meeting constantly about this. Her response was "We're working on it, we'll do 6 the best we can, but we don't know where it's going to.come out." I put a call in for 7 John Marty. I have not heard from John Marty, voice mail or any other way. The 8 League, as you've got in the Alert, has told us several things that we should do. 9 When I met with 22 Mayors, we thought rather than to write a letter to the governor 10 and to the state senators and state representatives saying we don't want anything cut 11 from us, we should write them a letter and say we were cut last year, and now we're 12 getting cut again. There are other places that you should look at as far as figuring 13 out your shortfall. In fact, we can't have a shortfall every year. You can have a 14 shortfall in one year, but when it becomes every year, that's no longer a shortfall. 15 Then you'd better look at what the real problem is. 16 So, what we'd like to do this morning is to put together some ideas for a letter to the 17 governor saying we are not happy with your$71.6 million cut of local government aid 18 and to look at some other areas-like the "rainy day fund". Now, in talking with 19 George Marks (because he could not be here), his feeling is that the "rainy day fund" 20 should not be cut. 21 DF: Do you mean the reserve? 22 CR: It's not really a reserve. It's a fund balance. The reserve is something different. 23 DF: What are the amounts? 24 DE: I think it's $500 million. What constitutes a "rainy day"? 25 You've got a point there. A shortfall that is consistent, is not a shortfall. It's more 26 budgeting and to live within your means. It's over spending. This is getting 27 ridiculous. If this isn't a crisis, I don't know what is. 28 TB: St. Anthony has about $200 and some thousand total that could be cut. 29 GW: $127,000, then it will be over $200 thousand, right. 30 CR: When you put these together, you say, well he's not going to cut us again. Now, all 31 of a sudden, comes June, we're not going to get $127,000. It's that simple. • 3 •1 TB: Paul Ogren said it best, that this is a nice make-do way to resolve this year's problem, 2 but the problem is long term. Next year they'll be back and next year we can look 3 at losing our HACA. What we get in aid is about 25% of our budget. This is a nice 4 thing for re-election and a lot of campaign promises of no tax, but the long haul is 5 it's going to severely affect services in St. Anthony and all communities. We're 6 looking at a 25% reduction, some of these cities are zero LGA but they are actually 7 receiving HACA, so it's drastic cut back of services as we know them today. 8 GW: The first line here says, there are no cuts in the aids to counties, townships and 9 special districts. 10 TB: That's right. 11 DE: That doesn't look fair either. 12 DF: How much is in the other account, you said there's two, one is the rainy day fund and 13 the other one's the reserve fund? 14 TB: They are one in the same, the rainy day has $500 million. It's non-dedicated funds. 15 GW: Roger had it listed as $66 thousand, I think that was an earlier indication of how much, now it's $71.6, but he had it on the basis of a prior formula where it only came 17 out to $28 thousand. 18 TB: That was based on the governor's speech. 19 DE: OK, that was including the counties, townships and local districts. 20 TB: Right. They are taking about 13% out of the Trust Fund. That money was supposed 21 to go to help cities so they wouldn't have to have LGA. Now they're taking away 22 LGA plus they're taking the Trust Fund. Taxes will not go down for the residents, 23 they will stay the same. Cities are going to help bail out the state and resolve their 24 poor financial practices. 25 GW: Is money going into the Trust Fund? 26 TB: There's money in that supposed account. But the governor has said many times, he's 27 going to do magic new miracles in accounting. It's pushing numbers around the page. 28 Governor's administrations have moved numbers around from year to year and 29 delayed the deficit. It's there, but I don't know that we're ever going to see it. 4 • 1 CR: One of the things we should point out in the Carlson letter is that on the relief fund, 2 I think that their proposed amount of what would be coming from the rainy day fund 3 should be used when there's a shortfall. They should use as much of that as possible 4 to balance the budget. That's what it's there for. 5 CR: I have not seen any cuts in state personnel. Putting together all of the various 6 agencies that they've got under one head and reducing, I have not seen any of that. 7 GW: I have not seen it either. The fact they're going to do it has only been alluded to, 8 that's-all. 9 DE: They relayed a percentage to us to be accomplished through attrition. There's no 10 consolidation. They're not taking this seriously. It's not being done fairly. It's not 11 being done to the counties, it's going to help to other bodies that should be sharing 12 this - school districts aren't being hit at all, are they? 13 TB: No. 14 DE: And higher education is going to be hit again. They've even come out with City 15 officials are paid too much. 16 GW: Distribution of this cut, including counties, townships and special districts, and I'm 17 sure the counties were planning on it. When I was at a meeting there the other day, 18 they mentioned that they were expecting it. 19 TB: One thing is that counties have a collective voice that's much louder than cities. It's 20 just difficult to get that many cities together on a common thing. This might pull us 21 together and create a very powerful group. But each individual city has a very weak 22 voice. 23 The other thing that I wanted to talk about is the report yjsy Mark Dayton's office 24 has put out. That talks about government employees being compensated well and 25 receive these outrageous benefits. 26 DF: Yes, let's hear about that. 27 TB: In St. Anthony there's two employees that receive over $50,000 - that's the liquor 28 store manager and myself. As far as what does it do for.benefits, we don't have, as 29 he says, the 11 weeks of vacation. After someone's been here over 20 years, they can 30 accumulate up to 4 weeks vacation maximum. 31 GW: That's below industry. • • S 1 TB: That's a little below industry. As far as outlandish insurance benefits, right now 2 insurance costs for family coverage costs about $400 a month. We pay$255 towards 3 that, so an employee still has a large chunk of it coming from their check. 4 CR: I just wanted to point out on that particular item, insurance, private industry is now 5 starting to have the employees pay part of the premiums and it's something like 10 6 or 15% of the total premium which total premium's $400, 10% is $40 which is a lot 7 less than public. 8 TB: You know every time I get into salary negotiations with the three unions, they always 9 bring up the surrounding communities to us. A police officer, firefighter, make more 10 in every single city around us. The only reason 49'ers are equivalent is because we 11 did joint negotiation for years so that means that the 49'ers, in all the cities are the 12 same rate. We're not talking about a lot of money for the 49'ers. They're making 13 about $25-26 thousand a year. It's very difficult to negotiate with the police because, 14 yes, we're a first ring suburb, yes we have crime, yes we have all the same problems 15 that any other first ring suburb does, but no you're not going to make that kind of 16 money. It's been difficult, but we've held them back. St. Anthony has done 17 everything they can. We provide only the essential services, police, fire, public works. 18 When you get to it, internal fluff, if we have to cut fluff, it means people. What that 19 equates to is service. 0 —21 What is it going to mean to programs? The Mayor and I have talked just a little bit 22 about some of our programs, like certain programs either in police or fire are going 23 to fall by the wayside because we.just cannot take the time and resources to put on 24 certain.programs. Some of them are all dear to us. 25 DE: How about some specifics. The letter should indicate what some of those services 26 are which we will have to cut to try and live with this unrealistic proposal. 27 CR: Not that we are going to cut these, but I think these are some of the issues that we 28 should look at. We're not putting these in any priority, but one of the things is how 29 much money do we donate to Northwest Suburban Youth and Family Services? 30 TB: $51000. 31 CR: VillageFest? - We spend almost $5,000, with overtime for police, fire and public 32 works. We're going to have to look at more volunteers on that particular thing. 33 Another one is the D.A.R.E. program. 34 TB: We get donations to make supplies. We don't get donations to pay for the officer's 35 time. • 6 • 1 CR: OK. Make a note to yourself - supplies. Counties will pay for our supplies now. 2 There's a fund set up in the counties that we should talk about. 3 DF: The state may be looking at taking this over anyway. I thought they'd been lobbying 4 for that the last couple of years. 5 DF: That's what I thought. 6 DE: What's our overtime for public works and snow plowing, etc.? 7 TB: It's hard to ballpark. Usually we're done in 8 hours during normal snowfall. 8 CR: How much do we spend on D.A.R.E.? 9 TB: We spend close to $10,000 in supply costs. That doesn't include all of Dominic's 10 time. It doesn't include that we have to shift people around which means overtime 11 costs are in there too. The Chief has been filling shifts which means we're short in 12 other areas but that has helped us to reduce costs but if an officer needs to be shifted 13 in where it's not his time to work, he's paid overtime to work that shift. 14 CR: How much money do we get in donations? 15 Y :TB This year we received close to the amount for supply costs. The • — 16 Boosters/Chamber/Lions came through gave $7,500, and the Paul Todd concert 17 brought in about $3,000 and there was small dollar donations after that. We ran a 18 deficit from the year before. 19 CR: Recycling center? 20 GW: Now that's losing money, you'd have to consider that. 21 TB: Recycling isn't mandated. If the cities don't have a plan, the counties have to do it. 22 DF: How much is that again? 23 DE: About $10,000. We pay that outright. We can drop that and still have recycling. 24 TB: The state says that everybody has to have curbside recycling. That's required by the 25 state. You have to have it. You don't have to use it, but you have to have it. It 26 means everyone's paying for it twice. 27 CR: What other things do we have? • 1 DE: We have to eliminate a fair amount of overtime or we're going to have to eliminate 2 a person or two. Ultimately, to get down to those kind of dollars, that's what its 3 going to take. 4 DF: A person or two? $127,000 adds up. 5 TB: I haven't talked to the employees yet so I'm not going talk positions, people or 6 departments right now, but I have a tentative plan that we're looking at three to four 7 people. 8 CR: But I think this ought to be pointed out, that the proposed cut could possibly 9 eliminate three or four people, which adds to the unemployment. 10 TB: And, in some cases may add to our overtime. If you cut or reduce services from 11 police, and if an officer arrests someone he has to go to court. There's court time, 12 there's court costs of doing that. Someone has to fill his shift if he has to go to court 13 during work hours. 14 CR: In the Carlson letter we should say that we are going to have to lay off people and 5 that in turn...The reason they're saying they got into the $560 million deficit is because of the unemployment and the economy and everything else. This will not 17 help the economy. 18 TB: The other thing, too, is right now we've delayed all capital purchases. And, that has 19 a boomerang effect on us too. We've put off on some things, some heavy equipment 20 needs. This year we have plans for a squad car - no new squad car. That means 21 we'll be running these vehicles well over 100,000 miles of hard use. It means higher 22 maintenance. They may be out of service a little bit longer. Those are all things that 23 we have to consider as well. 24 CR: OK. Have you got enough things there that you can put together a letter? 25 GW: I think the Trust Fund ought to be in there. They will have cut $200,000 out of our 26 budget with the $76,000 last year and $127,000 this year. 27 DF: Carbon copy to Joanelle Dyrstad, Marty, and McGuire. 28 CR: We've covered some of the items just briefly that Tom should be looking at. Tom, 29 I also think that you should have Roger look at how the salaries of the 30 Councilmembers correspond to other cities of our size. We're in the middle or 31 closer to the bottom. Let's bring that out. If we're going to be asking City people, probably not to lay off, but to take a one day leave or something like that, we should be looking at all,of us. Is there anything that we've left unturned? 8 • 1 We discussed.Northwest Suburban, D.A.R.E., VillageFest, and the Recycling Center. 2 I myself think that one of the actions we should take March 24th is to eliminate all 3 overtime. If you want that from us, Tom. I don't know. 4 TB: I don't know that we can eliminate it because we still have the situation where an 5 officer has to go to court, or watermain breaks. And if it does snow....but certainly 6 for the things that we can, we will limit the use of overtime. 7 DF: I'd just like to know what they could do next year because isn't this just about it? 8 TB: No, HACA. If they go after the HACA, we're looking at another $200 plus 9 thousand. 10 DF: One of the things that some people say that if you're doing this it wouldn't be 11 necessarily to hurt here it's to help somewhere else. They're talking, for example, 12 about in stead of having our own police department, merging. Is this part of it? 13 TB: Well, you know we went through the whole consolidation exercise and, to some 14 people's displeasure, the outcome was bigger is not better. We looked at costs of 15 providing basic services and you can compare us to other communities and we may 16 be high on one side, we may be low on the other side, but overall our costs are less. 17 Remember the Citizen's League Report talks about the 96 metropolitan communities 18 and how we rank. We've ranked always within the bottom 10 for our taxes. So taxes 19 in St. Anthony are low. If we go to a consolidated service,we're talking about higher 20 costs and less services. What this plan is talking about is ultimately higher cost and 21 less service, but it takes away accountability. As a taxpayer, when you have a 22 problem, let's say with the plowing of your street, do you think you're going to get 23 the same response if you call a Ramsey County Commissioner? 24 DF: No, I don't. 25 TB: Or any other commissioner in any other county? Or calling a state representative? 26 I've been trying to get through to our representatives for a week. It takes time. 27 They have such a big area that one person's voice is very small. Are they pushing in .28 that direction? They may be trying. 29 DF: That's what I mean because, see, then the control shifts, that's all my point is. 30 TB: I don't know about that. The state would be taking on a bigger problem than they 31 realize. Also, I think for many of the residents, the services we provide here are very 32 near and dear to them. The state has the ability to take that away from us, but will 33 the people stand for it? I don't know if that's true. 34 CR: What is your name again? 9 1 A: Bob Williams. 2 CR: Bob came in before and we were talking. Have you got any questions? 3 A: It's been very difficult to understand how much the budget has been cut and why. 4 But you went through that before. I don't have any major questions. Someone's got 5 to bite the bullet. 6 CR: Each year we have a volunteer recognition date and this year it's April 27th. We get 7 together all the volunteers in the City and we have a very small dinner for them and 8 that's the only pay they ever get. I think we should continue having that this year 9 even though we have all our problems. At that point, I'm going to ask each one of 10 those volunteers to go out and get another volunteer. We're going to look at 11 volunteers for some of those areas. We're going to have to really expand our 12 volunteer programs. 13 TB: Mr. Mayor, I compliment him for his ideas. One of the things I've always thought 14 is no overtime - don't pay for people to come out and do snow removal. As an 15 example, the Halloween snowstorm. A lot of people wouldn't have gotten to work, 6 if had waited to do it on straight time. It could result directly on other people's pocketbooks, too. We have to have a balance on the services we provide. We can 18 reduce those service levels, but is it going to cost people more in the long run by 19 reducing certain services? That is an impact and can happen. 20 DE: I think the public is going to finally realize that something like this is going to really 21 hit them dearly and that the government is just running an inept organization. You 22 can't have shortfalls every year. 23 TB: As a city, if we had a shortfall, we'd resolve it immediately. would never carry a 24 shortfall from one year into the next. We've been fairly resilient as cities because 25 we've had money taken away from us midstream for the past two and three years and 26 we've always been able to reduce certain things and manage it. The state has lost 27 that. They're too busy micromanaging everything that they've forgotten to manage 28 their own organization. 29 CR: We have a reserve. But keep in mind you can't use that. 30 TB: That money is set aside for just operational costs. Roger indicated it will effect us, 31 it will effect some of our interest earnings which we depend on to make up some of 32 our revenue. Ultimately what it means is that it's very very close. I put out a memo 33 saying no purchasing until after June because we could run out of money. We get JJ74 into the point of not having any money to make payroll. This year it's going to be 5 even closer. That worries me. One of the things I've made notes on is what happens 10 1 if we go for one or two day layoffs? No pay, you're out the door, you're layed off for 2 one or two days. How much revenue can we bring in by doing that? Well, it effects 3 everybody's pay. What we're doing is passing the problem on to the employees. It 4 also effects service levels as well. We can't lay off police officers for a day, we can't 5 lay off firefighters. So what does it mean? It means public works and office staff is 6 layed off. That's not that large an amount of money. What does it mean? We could 7 probably lay off people for a couple days but they have to put bread on their table, 8 too. It has a very drastic effect on the people and they're feeling the same impact 9 of reduced services where they live. 10 CR: We have a large amount of medicals. If we don't keep our streets plowed in the 11 middle of the night and these firefighters can't get there...there's.got to be some 12 snowplows out. 13 TB: There are some things we can do. We can do less maintenance in the park, not mow 14 the grass as frequently. We can stop weed control in the parks. Some of the things 15 wouldn't necessarily directly effect service levels, but it will have an effect. We always 16 stress image in St. Anthony. Its going to be hard to maintain a good image if all of 17 a sudden we reduce services. There's got to be a balance of that too. St. Anthony 18 has a very good reputation for itself and that is what has maintained its value as high. 19 If we aren't able to keep that image long-term, what effect will that have on the 20 community? 21 CR: Anything else? OK. On March 24th, whatever you feel should be put on that 22 agenda that you,want us to take some action on, you let us know. 23 TB: OK. 24 DE: We know the cuts are going to happen, we just don't know where they're going to 25 come from. 26 TB: Right. 27 CR: The governor made a proposal he's given to the legislature. They've got to act on 28 it. Wednesday of next week should be the end of getting information from the cities 29 and then they'll vote on it. We've got to get a letter to them Monday just to give 30 them some of our ideas and they can act. 31 TB: The letter is almost complete now. It will go out in Monday's mail under the Mayor's 32 signature. 33 CR: Anything else? i 11 101 DF: Choosing candidates for state offices should be top priority. We know now what 2 happens when they are not representing us properly. 3 CR: Anything else? Move to adjourn Enrooth, second Wagner. 4 Taken from transcription tape. 5 6 Mayor 7 ATTEST: 8 City Clerk 9 in thou llla I I I DAZE: March 18, 1992 APPROVAL I ' 1 TO: Mayor and Councilmembers I IFRO AI: Judy Monson, License Clerk I (ITEM: LICENSE/PERMITS FOR COUNCIL APPROVAL: I I AMUSEMENT DEVICES: *Yearly Renewal I I *Minneapolis Bowl-O-Mat, Apache Plaza (14) *Slick's Alternative, 2450 - 38th Avenue NE (2) *St. Anthony Lanes, Inc. , 2654 Kenzie Terrace(6) I *Pizza Hut, 3801 Stinson Blvd. (3) I CIGARETTES: I *St. Anthony Mobil *Dick's Amoco Food Shop I *St. Anthony Lanes, Inc. *Apache New Market *Slick's Alternative I *Speedy Markets, Inc. *Town & Country Foods BENCH LICENSE: I ( *U.S. Bench Corporation, Mpls. , MN BOWLING ALLEY LICENSE: *St. Anthony Lanes, Inc. GARBAGE HAULERS LICENSE: I I *Larry's Quality Sanitation, Ramsey, MN *Nitti Disposal, Inc. , Eagan, MN I JUKE BOX LICENSE: I I I *Slick's Alternative *Pizza Hut I 3.2 "On-Sale" BEER LICENSE: I *Pizza Hut, 38th & Stinson *St. Anthony Lanes, Inc. 3.2 "Off-Sale" BEER LICENSE: I *Town & Country Foods, St. Anthony Shopping Center I *Speedy Market V, 32nd & Stinson Blvd. I *Berggren's Market Enterprises, Inc. (Apache New Market) I t � 4*ffla hou I - I DATE: March 18, 1992 - page 2 APPROVAL: I I TO: I I I FROM: I I ITEM: I I SERVICE STATION LICENSE: I *St. Anthony Unocal, Inc. *Dick's Amoco Food Shop *Dick's St. Anthony 66 *St. Anthony Mobil - *Speedy Market #7 I VENDING MACHINE LICENSE: *St. Anthony Lanes, Inc. *Woodside Vending, Inc. I *Pizza Hut I I I I I I i I I I I I i • I I I I I I I I I I I I I I I - I t Norwest Bank Minnesota, N.A. Billing Statement •NOR*Vf7 BANKS Norwest Center Attn: P a y i n g Agent lRAFER Sixth and Marquette MI IWAF/ Minneapolis, Minnesota 55479 -C113 612-6 6 7-0 9 4 3 Sequential number Important: Include this number when remitting payment 1 83508 Aomin: CTO STAN1088GOSR Minneapolis Separate LTXM#:02/03/92-975 R Rev:1374 CITY OF ST . ANTHCNY CITY CLERK TREASURER CITY - HALL 3301 SILVER - LAKE ROAD ST. ANTHONY . MN - 55418 CITY ST ANTHONY MN GC SEWER REV 1C-1-88 Collecticn No(s) : M-02/04/52-195 * Check Payments Due 3 Cays Prior tc Payable Cate * * Wire Payments Cue 1 Gay Prior to Fayable Date * *************************************************** WIRING INSTRUCTIONS : ABA : 091000019 ACCOUNT . : 0840237 REFERENCE . : SEQUENTIAL NUMBER (UPPER RIGHT CORNER) ATTN : CORPORATE TRUST OPERATIONS •Debt Service Payment Cue 04/01/1992 Registered Interest $4238.75 Please return the PINK copy with your payment . FLEASE FAY THIS AMOLNT----------------> 54238.75 A LATE FE. GILL BE ASSESSED IF YOUR PAYMENT GOES NOT MEET THE REQUIRED DEADLINE. Return yellow copy with remittance NC 62163 OPR(6aS 1265) _ GAB Business Services Inc 380 Lafayette Freeway Road Suite 116 P O Box 7007 St.Paul Minnesota 55107 Telephone 612-292-1234 March 11, 1992 Branch Office City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 ATTN: Tom Burt GAB FILE NO: 56542-09411 INSURED: CITY OF ST. ANTHONY CLAIMANT: PAUL J. BUTLER D/A: 08-27-89 Dear Mr. Burt: CAB Please be advised that this file has been concluded by way of a $ 6, 000. 00 full and final settlement with claimant Paul J. Butler. Under the City of St. Anthony's covenant with the League of Minnesota Cities Insurance Trust the city does have a $ 10, 000. 00 per occurrence deductible under endorsement ME030. Defense attorney fees are subject to inclusion in this deductible. Therefore we would request at this time the deductible recovery, calculated as follows: • The city squad car sustained damages amounting to $ 730.00. We were successful in recovering $ 584 . 00 from the adverse carrier. Therefore the city's net loss was $ 146.00. Butler's BI claim was .settled for $ 6, 000.00, plus $ 5, 933 . 24 in attorney fees and expenses were incurred for a total expenditure of $ 11,933 . 24 . Since the city has a $ 10, 000. 00 deductible, the recovery would be limited to this amount, less the $ 146. 00 loss you already sustained. This leaves a net reimbursement due of $ 9, 854 . 00. We would request at this time a draft in the amount of $ 9,854 .00 made payable to GAB Business Services and forwarded to our attention. If there are any questions please feel :free to call me. Sincerely, ) ` LL )) ' Leonard B. Kron, AIC Adjuster • LBK:mee cc: Agency LAWOFFICES STATEMENT OF ACCOUNT HANCE & LEVAHN DATE: SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 March 6, 1992 201 IOWRY AVENUE NORTHEAST MINNEAPOLIS.MINNESOTA 55418 Thomas D. Burt, City Administrator PLEASE DETACH AND RETURN THIS City of St. Anthony PORTION WITH YOUR REMITTANCE. 3301 Silver Lake Road St. Anthony, MN 55418 (M) a AMOUNT REMITTED $ RE: Village Prosecutions -------------------------------------------- DATE DESCRIPTION 137NOTIMMIRARME $ 0 .00 PAYMENTS CREDITS & ACCOUNT ADJUSTMENTS UNPAID PREVIOUS BALANCE FINANCE CHARGE PROFESSIONAL SERVICES 2,400.00 Legal services rendered for the month of March, 1992, relative to St. Anthony prosecutions . CURRENT FEES NEW BALANCE DUE $ 2,400 .00 MINIMUM PAYMENT DUE $ • Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rateof 1-1/3%per month.equaling an ANNUAL . PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than$1.00.with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle.if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN North Suburban Access Corporation 8 North Suburban Cable Commission 950 Woodhill Drive, Roseville, MN 55113 ory 612/481-9554(CTV/NSAC) 612/482-1261 (NSCC) 5 vr' northy ,re1e��S Cam M v.r.i DATE: March 12, 1992 Billed To: City of St. Anthony ATTN: Tom Burt 3301 Silver Lake Road St. Anthony, MN 55418 From: North Suburban Cable Commission 950 Woodhill Drive Roseville, MN 55113 I N V O I C E 1992 Contribution to the North Suburban Cable Commission $ 9, 149. 40 Arden Hills Falcon Heights Lauderdale AMOUNT DUE IS PAYABLE U15ON RECEIPT Little Canada Mounds View New Brighton North Oaks Roseville St.Anthony Shoreview FRANCHISE FEE PAYMENT WORKSHEET CABLE TV NORTH CENTRAL CITY OF 'ST. ANTHONY 934 WOODHILL DRIVE ROSEVILLE, MN 55113 1991 612-483-3233 - CONTACT: KATHI DONNELLY-COHEN REVENUE SOURCE ANNUAL REVENUE 5% FRANCHISE FEE INSTALLATION 2,.879. 42 143 .97 BASIC SERVICE 314, 879 . 69 15, 743.98 HBO 261630. 49 1 , 331 . 52 PRIME SPORTS 10, 141 .43 507 . 07 THE MOVIE CHANNEL 11 , 412.60 570. 63 SHOWTIME 20, 842.95 1 , 042. 15 DISNEY 11 , 088. 16. 554. 41 PAY PER VIEW 25, 954 . 18 1 , 297 . 71 ADDITIONAL OUTLETS 17, 769.94 888. 50 FM 192 . 52 9 . 63 REMOTE CONTROL 311499 .70 1 , 574 .99 VCR 166. 48 8. 32 LATE FEES 263. 57 13. 18 PRIME SPORTS 1 , 341 .86 67 .09 ADVERTISING ** 7, 861 . 01 393 .05 SHOPPING ** 913 . 62 45 . 68 OTHER ** 251 .93 12 .60 ----------------------------------- TOTALS 484, 089. 55 24, 204 . 48 ** ALLOCATED REVENUE I certify to the best of my knowledge that the revenue for 1991 is correct as stated: Kevin G i fi , ZChielf Operating Officer FEES92.XLS Franchise Fees Summary 1991 City Actual 1991 1992 City 1990 Franchise Fees Contributions Franchise Fees Revised Contributions # of Votes (Paid in 19211 to Commission (Paid in 1992) 11 of Votes to Commission Arden Hills 6.59 (7) 23,285.02 10,306.76 26,786.12 6.47 (6) >10',':'I:l 9.0 ............ Falcon Heights 3.44 (3) 12,179.10 5,380.16 13,598.41 3.28 (3) Lauderdale 1.98 (2) 7,012.42 3,096.72 8,339.98 2.01 (2) 10"1. Little Canada 8.37 (8) 29,583.27 13,090.68 34,330.32 8.29 (8) 2.965.56:: -,:-;-, f: Mounds View 9.31 (9) 32,926.39 14,560.84 36,762.92 8.88 (9) > <>J 3888:32:'' ::> 25, : New Brighton 16.43 (16) 58,092.16 25,696.52 68,224.35 16.48 (16) 774.72; - North Oaks 2.99 (3) 10,581.66 4,676.36 12,649.67 3.06 (3) 7 85 Roseville 25.81 (26) 91,261.03 40,366.84 107,346.55 25.93 (26) ... ..... St. Anthony 5.75 (6) 20,323.13 8,993.00 24,204.48 5.85 (6) ... A 0 . : Shoreview 19.32 (19) 68,308.75 30,216.48 81,715.80 19.74 (20) 30 8 73 36' Totals 99.99% (100) 353,552.93 156,384.36 413,958.60 99.99%(100) :::�.-.:::':.A56,:384.36'. • Pa Ramsey County Department of Public Works • Administration Paul L. Kirkwold, Land Survey Director and County Engineer 950 St.Peter St. RAMSEY COUNTY Suite 270 St.Paul MN/55102 (612)2994127 FAX 292.6515 Engineering Operations 3377 N. Rice St. Shoreview MN/55126 (612) 484-9104 FAX 482-5232 February 28 , 1992 Mr. Tom Burt, Manager City of St. Anthony 3301 Silver Lake Road ' St. Anthony, Minnesota 55418 Dear Tom: Enclosed for your information is a copy, of the Silver Lake Road Executive Summary. • Ramsey County recommends the reconstruction alternative for the improvement of , Silver Lake Road and requests St. Anthony' s concurrence t•o proceed with development of construction plans in accordance with that recommendation. The County further requests that the City take action on this request by May 1 , 1992 . . If you have any questions concerning the' Executive Summary, please contact the Project Manager , Dan Soler, at 482-5209 . Sincere y, aul L. Kirkwold,- P•E. Di-rector •and County Engineer TAM:mk Enclosure ®Recycled Papa SOYDaan.Baaed Ink ea •�o • SILVER LAKE ROAD Silver Lane to I-694 EXECUTIVE SUMMARY INTRODUCTION In 1987 , the Ramsey County Public Works Department began the project development process for reconstructing Silver Lake Road from Silver Lane to I-694 . A Project Path Report for this project has been reviewed and approved by the Federal Highway Administration ( FHWA) , the Minnesota Department of Transportation (MnDOT) , and the Ramsey County Board of Commissioners . The Public Involvement Record has been completed and will be submitted to the FHWA and MnDOT for review and approval if the cities approve the reconstruction proposal recommended by Ramsey County. Following approval of the Public Involvement Record, the Ramsey County Public Works Department will prepare a Study Report for review and approval by the FHWA, MnDOT, and the Ramsey County Board of Commissioners . If approvals are received, the Ramsey County Public Works Department would initiate final design for this .project with construction anticipated to begin in 1994 . EXISTING DEFICIENCIES The existing deficiencies of Silver Lake Road between Silver Lane and I-694 are : • Safety: Ramsey County reviewed accident data for the intersections of Windsor Lane , Inca Lane, County Road E, Third Street, Fifth Street, and Seventh Street. A total o,f 67 accidents were reported at these intersections from 1986-1989 . New Brighton residents were involved in 52 of the 67 accidents reported. The reconstruction proposal would correct the majority of these accidents . • Traffic Capacity: The current roadway design does not accommodate existing traffic volumes ( see attachment) and will not accommodate projected traffic volumes . • Sight Distance/Vertical Curves : The current roadway design does not meet state aid standards for these elements . • Drainage : Poor or inadequate . • Load Capacity: Currently limited to five tons . Ramsey County requires its roadways to be reconstructed to a nine ton capacity. • o Pavement Condition: The roadway base is deteriorated. The pavement is cracked and rutted. • IMPROVEMENT ALTERNATIVES Ramsey County has identified three alternatives for the improvement of Silver Lake Road: o Do Nothing: This alternative would not address any of the deficiencies identified. The roadway would continue to deteriorate . Ramsey County does not consider this a viable alternative . o Recycle/Overlay: The maintenance division of the Ramsey County Public Works Department would perform this operation. It would improve the pavement condition and load capacity. It would not address any of the other deficiencies identified . The cost to the cities and the County would be less than the reconstruction proposal . The roadway would not be eligible for reconstruction for a minimum of 15 years. o Reconstruction Proposal : The reconstruction proposal recommended by Ramsey County would correct all of the deficiencies identified. The project is ' anticipated to cost $2 . 9 million . Federal , State and County funds would finance approximately 90% of the total project cost . RECOMMENDATION AND ACTIONS Ramsey County recommends the reconstruction alternative for the improvement of Silver Lake Road and requests concurrence from the cities of New Brighton and St. Anthony to proceed with develop- ment of construction plans. in accordance with that recommenda- tion. The County further requests that the cities take action on this request by May 1 , 1992 . • 1989 TRAFFIC FLOW MAP RAMSEY COUNTY PREPARED BY SCALE IN VEHICLES A.D.T. STATUTE MILES RAMSEY COUNTY I -i TRAFFIC SERVICES j t2 ,.Isaoo IKE, MID RXn 4200 VD0 W. sv5D 1200 75o RWIJ EA* 4000 410D 1900 ISS011g 7500 5t 17W 4­1 4000 17' _1P4n M. 1117 O)p � 305.0 I'm 4 11W RXIDD *P9 J; J u:,,11 ETm� i,lwg mmR P rwS �. uun � � � �I 'E. '� � ,a�nr ,4FP 97,— An anno '1700 X, 'I" Z A850 31.WD0 51r. I" 2mm 2 I, F T SAS LIAI RAMSEY COUNTY ROADS 1­11 AVE. —11 ADA.E SI L", AVE, .11VER I— LEGEND " =r. I 81w ­C RD. 1,I_E.1. 1...1-.BLVD. INTERSTATE MGHWAY 1. RD. —I'.-D 0 11 STATE OR U.S.FUGHWAY D . ILIM..", 1:1 1-11.E R' S, ;011 L= "I=E--ILLE 101=R _0_ C UTY STATE AID 1fQKWAY 0 .......*" - III—TI ADA. COUNTY ROAD 0 L*P 11.111.1191.AD. An I,. ��l I.IRO ZE"'�D. .1 LER A...j 11.—.L=E—'7. yq 11=.L L-A An. 02 1::MSE­AVE. .1 A9l—DR. .—S, 11 A -_­11 AVE �:.l_—R—BLVD.D 1.V­0.v*. .1_­.—_: ­0 1 AVE. 11­1 67 BALD EAME AVE. Ill NIErgy. 2 1. In­ V. "'n",": —.AVE. C-11..... An 'A ­7 VI­M. " AVE. 70,GLEN I. Ill—JI I—AD 100 Iv L9 LVDI AVE. 70 BELLAIRE AVE. ...1. A — 11—Ll� A': ­_ .0 MVD.a rL 21 1 11.._ AVE. .1_.AS AVE. L"L'C, ALVD ­ll. I�­T..1. Il .1—11 A=cv ­ E2 1: ­ 71..—D AVE. I.n JACK .1. M'-AVE. 10= . 13, 21—11 RD-D 11­..-Al D III,xc„E,Enr 9r. 20 AVE. 1.C-11.—01 ­ARCADE.1. 1-- :1,—1.—'1 Ll. 11, AVE. le IRM RDA.I I R*,... .3 I I 1=An. 31 1, 149 BALD EAGLE P.M.W t4m .1 1.DIV SOD 34 1­AK. .1 39 L*­A WT M RD. RD—TI 13 C :AVE. .­:.1-AVE. :1"2 E.—LE—:,: I,.:L1.LAKE 1.—A VE ..I.;RD. 11 TE:71.'.1.�&I =11.— 1._EE AVE. .4.5 TLAIII RD. 11—.1. 1 A AVE. Tpp "LLN" ELEVE A­AVE. IIEVE.T..1. 1 EAL I 11=11 1D.. 3"ST TL 11— — :.I 111.11IIE" I..ll—AVE. I_ • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA MARCH 24, 1992 CITY COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF MARCH 24, 1992 H.R.A. AGENDA. IV. APPROVAL OF FEBRUARY 11, 1992 H.R.A. MINUTES. V. CLAIMS. A. DORSEY & WHITNEY - $1,873.50. B. AMERICAN NATIONAL BANK - $177.32. VI. PUBLIC HEARING. A. 8:30 P.M. - AMENDMENT TO THE KENZIE TERRACE REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN (H.R.A. RESOLUTION 1992-002). VII. ADJOURNMENT. � 1 CITY OF ST . ANTHONY 2 3 HOUSING AND REDEVELOPMENT AUTHORITY 4 5 FEBRUARY 11 , 1992 6 7 1 . CALL TO ORDER 8 9 The meeting was called to order by Chairperson Ranallo at 9 : 40 10 p .m. 11 12 13 2 . ROLL CALL 14 15 Present : Chairperson Ranallo, Vice Chair Enrooth, 16 Secretary/Treasurer Marks and Commissioner Fleming 17 18 Commissioner Wagner was out of town. 19 20 Staff Present : Executive Director Burt 21 22 23 3 . _APPROVAL OF H.R.A. DECEMBER 10 , 1991 MEETING MINUTES 24 25 Motion by Marks , second by Enrooth to approve the minutes of 26 the December 10 , 1991 H.R.A. Meeting as presented and there iW�7 were no corrections . 28 29 30 Motion carried unanimously 31 32 33 APPROVAL OF H.R.A. JANUARY 28 , 1992 MEETING MINUTES 34 35 Motion by Marks , second by Enrooth to approve the minutes of 36 the January 28 , 1992 H.R.A. Meeting as presented and there 37 were no corrections . 38 39 40 Motion carried unanimously 41 42 43 4 . H.R.A. SALARIES 44 45 Motion by Enrooth , second by Fleming to approve the H.R.A. 46 payment to the General Fund which includes salaries , FICA, 47 PERA and insurance costs . 48 49 50 Motion carried unanimously 51 �3 5 . H.R.A. RESOLUTION 1992-01 , RE: MACALASTER MANOR - USE OF CDBG 54 FUNDS FOR REHABILITATION 1 H.R.A. MEETING • 2 FEBRUARY 11 , 1992 3 PAGE 2 4 5 6 7 Motion by Fleming, second by Marks to approve H.R.A. 8 Resolution No . 1992-01 which is a resolution authorizing 9 application for Ramsey County Community Development Block 10 Grant Funds . 11 12 The Macalaster Manor Partnership had requested support from 13 the St . Anthony H.R.A. of its application for Ramsey County 14 Community Development Block Grant funds . 15 16 The Mayor requested one of the representatives of the 17 Partnership, who was in attendance at the meeting, to supply 18 the City Manager with the names of all of the Macalaster Manor 19 Partnership participants/owners . 20 21 22 Motion carried unanimously 23 24 25 6 . ADJOURNMENT 2_6 27 Motion by Marks , second by Enrooth to adjourn the H.R.A. 28 Meeting at 9 : 43 p .m. 29 30 31 Motion carried unanimously 32 33 34 Respectfully submitted, 35 36 37 38 Jo-Anne Student , H.R.A. Recording Secretary 39 40 41 42 43 44 .45 46 47 48 49 50 51 52 • 53 54 DORSEY & WHITNEY A Y.wT+e w•w•IMP Lr u1.0 (`IMIef•lu+a Caw mwN lO+f P.O. BOX 1680 MINNEAPOLIS. MINNESOTA-55480-1680 • (612) 340-2600 (To. Idewtl(tcctlon No. 41.0773777) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 Housing and Redevelopment Authority of St. Anthony\ Attn: Mr. Thomas D. Burt February 28, 1992 3301 Silver Lake Road Invoice No. 268037 Minneapolis M 55418 For Legal Services Rendered Through 01/31/92 Matter: 83 Lang-Nelson Project • Review information regarding LaNel tax increment; conferences regarding resolutions for payments to LaNel; review interest reduction laws; attend HRA meeting; draft agreement regarding excess tax increment; draft amendment of redevelopment contract regarding excess tax increment; telephone conferences regarding interest reduction program; draft agreement regarding excess tax increment and memorandum regarding same; revise agreement regarding interest reduction; draft letter to T. Burt regarding same. Total For Services $1,873.50 Total This Statement $1,873.50 WRS/615 • Service charges are based on rates established by Dorsey& Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges.which either have not been received or processed.will appear on a later statement. PAYMENT DUE. UPON RECEIPT A M E R I C A N NATIONAL B A N K - S A I N T PAUL American National Bank and Trust Company Fifth and Minnesota Streets - St. Paul, MN 55101 MUNICIPAL AGENCY SERVICES 6t 2.298.6258 02-5100 ST ANTHONY MN 1991A 2/20/92 GO REFUNDING BONDS DATED 1-1-91 SUMMARY OF FEES AND EXPENSES 08/21191 - 02/20/92 -------INVOICE SUMMARY------ TOTAL FEES 175.00 TOTAL EXPENSES 2.32 **TOTAL AMOUNT DUE*• 177.32 TOTAL AMOUNT IS DUE UPON RECEIPT OF STATEMENT. PLEASE RETURN A COPY OF THIS STATEMENT WITH YOUR REMITTANCE IN THE ENCLOSED BUSINESS REPLY ENVELOPE. FOR ADDITIONAL INFORMATION REGARDING THIS 9TATEMEJiT9 PLEASE CALL SHARON PIGNATO (612)229-6430 AMERICAN NATIONAL BANK & TRUST CO MUNICIPAL SERVICES DEPT - 10TH FLOOR FIFTH & MINNESOTA STREETS ST PAUL MN 55101 • CITY OF ST. ANTHONY NOTICE OF HEARING NOTICE OF PUBLIC HEARING ON AMENDMENTS TO THE KENZIE TERRACE REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. ANTHONY, MINNESOTA NOTICE IS HEREBY GIVEN that the City.Council of the City of St. Anthony will hold a public hearing on Amendments to the Kenzie Terrace Redevelopment Plan (the "Redevelopment Plan") and Tax Increment Financing Plan (the "Financing Plan") of the Housing and Redevelopment Authority of St. Anthony (the "HRA') at 8:30 P.M. on Tuesday, March 24, 1992, in the City Council Chambers, City Administrative Offices 3301 Silver Lake Road, St.-Anthony, Minnesota. The Amendments to the Redevelopment Plan provide for development of an interest reduction program (the "Interest Reduction Program") by the HRA pursuant to Minnesota Statutes, Section 469.012, subdivision 7, with respect to certain of the housing units located in the area included in the Redevelopment. Plan. The Amendments to the Financing Plan authorize the use of tax increments derived from the Kenzie Terrace Tax Increment Financing District of the HRA (the "District") established by the Financing Plan to provide for the payment by the HRA or the City of the costs of the Interest Reduction Program. Set forth below is a map showing the area included in the District which is the area from which tax increments are collected. All who wish to be heard as to the Amendments to the Redevelopment Plan, the development of the Interest Reduction Program and the Amendments to the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Manager prior to the public hearing. Publish: March 11, 1991 Thomas D. Burt City Manager 27 TH AVENUE _� N.E. �90 y W � o Lorry Grove g s C O.`/ IM, M1 ¢� 8 w • CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the HRA), hereby attest and certify that: 1. As such officer, I am the recording officer of the HRA and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: HRA RESOLUTION NO. 92- 0 0 2 Resolution Approving 1992 Amendments to the Kenzie Terrace Redevelopment Plan and the Kenzie Terrace Tax Increment Financing Plan and Requesting the Approval of the City Council and Approving Execution of Amendment of Redevelopment Contract 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of , 1992. Thomas Burt, Executive Director • • HRA RESOLUTION NO. 92- 0 0 2 RESOLUTION APPROVING 1992 AMENDMENTS TO THE-KENZIE TERRACE REDEVELOPMENT PLAN AND THE KENZIE TERRACE TAX INCREMENT FINANCING PLAN AND REQUESTING THE APPROVAL OF THE CITY COUNCIL AND APPROVING EXECUTION OF AMENDMENT OF REDEVELOPMENT CONTRACT BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: 1. Proposed Amendment. The HRA and the City of St. Anthony, Minnesota (the "City") have approved a redevelopment.plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as the Kenzie Terrace Redevelopment Plan (the "Redevelopment Plan"), and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14, designated as the Kenzie Terrace Redevelopment Project (the "Redevelopment Project"), and that in order to finance the public redevelopment costs to be incurred by the HRA and the City in connection with the Redevelopment Plan and the Redevelopment Project, the HRA has approved a- tax increment financing plan, pursuant to the provisions of Minnesota Statutes, Section • 469.175, designated as the Kenzie Terrace Tax,Increment Financing Plan (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as the Kenzie Terrace Tax Increment Financing District (the "District"). It has been proposed that the EDA approve amendments to the Redevelopment Plan and the Financing Plan which are entitled "1992 Amendments to the Kenzie Terrace Redevelopment Plan and the Kenzie Terrace Tax Increment Financing Plan" (the "1992 Amendments") which establishes an interest reduction program (the "Interest Reduction Program"), as defined in Minnesota Statutes, Section 469.012, subdivision 7, to benefit property developed as part of the Redevelopment Project, and authorizes the expenditure of tax increment revenue derived from the District to pay the costs of the Interest Reduction Program. 2. Approval of 1992 Amendments. The 1992 Amendments have been presented to this Board and are ordered placed on file in the office of the Executive Director of the HRA, and the 1992 Amendments are hereby approved. The 1992 Amendments further serve the original goals and purposes of the City and HRA in approving the Redevelopment Plan, the Redevelopment Project and the Financing Plan, by assisting in providing affordable rental housing for persons of low and .moderate income. 3. Presentation to City Council. The 1992 Amendments hereby approved shall be presented to the City Council for a public hearing thereon • pursuant to Minnesota Statutes, Section 469.175, subdivision 4. 4. Amendment of Redevelopment Contract. A draft of an • Amendment of Redevelopment Contract (the "Contract") between the HRA and St. Anthony LaNel ("LaNel"), a Minnesota general partnership has been presented to this Board and is ordered placed on file in the office of the Executive Director. The Contract provides for the payment to LaNel of tax increment pursuant to the Interest Reduction Agreement. Upon approval by the City Council of the 1992 Amendments following a public hearing thereon, the Chairman and Secretary are hereby authorized and directed to execute and deliver the Contract on behalf of the HRA in substantially the form presented hereto with such changes and modifications as may be approved by the officers executing the Contract. The execution and delivery of the Contract by the Chairperson and Secretary shall be conclusive evidence of the approval of any changes and modifications to the Contract by such officers. Dated the day of April, 1992. President Attest: • Executive Director I • 1992 AMENDMENTS TO THE KENZIE TERRACE REDEVELOPMENT PLAN AND THE KENZIE TERRACE • TAX INCREMENT FINANCING PLAN (INTEREST REDUCTION PROGRAM) HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA • • L INTRODUCTION. The Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") and the City Council of the City of St. Anthony, Minnesota (the "City"), have previously approved the Kenzie Terrace Redevelopment Plan (the "Redevelopment Plan") and the Kenzie Terrace Redevelopment Project (the "Redevelopment Project") to be undertaken pursuant thereto in an area located in the City (the "Project Area"), and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with the.Redevelopment Plan and the Redevelopment Project, the HRA and the City have approved the Kenzie Terrace Tax Increment Financing Plan (the "Financing Plan"), which establishes the Kenzie Terrace Tax Increment Financing District (the "District"). The major objectives of the Redevelopment Plan were to: acquire for redevelopment economically or functionally obsolete or underutilized buildings and land; provide a redevelopment site of a character which would encourage future development of the area and improve sources of public revenue; eliminate blighting influences which impeded potential development; provide maximum opportunity for redevelopment by private enterprise consistent with the needs of the City as a whole; and encourage private rehabilitation of structures within the Project Area. In furtherance of these objectives, the HRA entered into a • Redevelopment Contract (the "Redevelopment Contract") dated as of July 6, 1988 with St. Anthony LaNel, a Minnesota general partnership ("LaNel") for development of a 201-unit multi-family residential rental housing project (the "Development") .intended for occupancy by individuals of low and moderate income on the land located in the Project Area. The HRA determined that redevelopment of the Project Area and construction of the Development pursuant to the Redevelopment Contract were in the best interests of the City and benefited the health, safety, morals and welfare of its residents. Prior to execution of the Redevelopment Contract, the HRA and the HRA's financial consultant calculated projections of the necessary tax increment to be generated in the Development to ensure that the bonds to be paid with the tax increment would be retired as anticipated. The amount of tax increment projected by the HRA was based upon real estate taxes estimated to be $1,200 per apartment unit in the Development. Throughout the discussions leading up to the preparation and the execution of the Redevelopment Contract (and in prior discussions with other potential developers of the Development), the parties assumed that the property tax per apartment unit in the Development would be approximately $1,200.. These projections were made based upon the 1988 state property tax rate classifications. Since 1988, the Minnesota legislature has modified the system in a way which has resulted in an increase in the per unit property tax expenses. Construction of the Development has been completed by LaNel. The • projection for the 1991 tax increment derived from the Development was $211,000, and the projection of the 1992 tax increment derived from the Development was $221,100. In actuality, the amount of the tax increment derived from the • Development for 1991 was $291,784, the amount of the tax increment derived from the Development for 1992 is projected to be $275,586. The amount of the real estate taxes per unit for the Development have resulted in unforeseen and excessive tax burdens to LaNel which have impaired its ability to pay mortgage interest and other expenses of operating the Development. Without some relief in such costs or financial assistance, LaNel may be required to significantly increase rental rates, which will make the apartment units in the Development less affordable to individuals of low and moderate income and may increase vacancies in the Development. Section 6.1 of the Redevelopment Contract requires the minimum tax increment generated by the Development to be $1,100 per unit, and Section 2.2(c) of the Redevelopment Contract states that the minimum improvements will be constructed so as to have an assessed value of at least $5,700,000. LaNel has complied with these requirements and contends that it was the intention of all parties that the real estate taxes on the Development would not be more than $1,200 per unit. Based upon.the foregoing facts, LaNel has requested payment by the HRA to LaNel of any excess tax increment from the District up to the amount of $50,000 per year to assist LaNel in the payment of interest on the financing for the Development and allow rental rates to remain at a level which is affordable to individuals of low and moderate income. The HRA has concluded that it would be in the public's best interest to maintain the occupancy and quality of the Development and provide affordable rental housing to individuals of low and' moderate income by establishing an interest reduction program (the "Interest Reduction Program") under Minnesota Statutes, Section 469.012, Subd. 7 with respect to the excess tax increment available from taxes payable with respect to the Development in the years 1991, 1992 and 1993. By these 1992 Amendments to the Redevelopment Plan and Financing Plan (the "Amendments") the Commissioners of the HRA establish the Interest Reduction Program and amend the Redevelopment Plan and the Financing Plan to the extent necessary to provide for the establishment of the Interest Reduction Program and to authorize the expenditure of tax increment revenues derived from the District for costs incurred and to be incurred by the City or HRA in connection with the establishment, development and administration of the Interest Reduction Program. These Amendments are approved by the Commissioners of the HRA and the City pursuant to Minnesota Statutes, Chapter 469.012, subdivision 7, and Minnesota Statutes, Section 469.175, subdivision 4. II. STATEMENT OF NEED AND OBJECTIVES The establishment and carrying out of the Interest Reduction Program is consistent with the objectives of the HRA as stated in the Redevelopment Plan all of which will meet the needs specified in the Redevelopment.Plan. -2- • III. INTEREST REDUCTION PROGRAM The establishment and carrying out of the Interest Reduction Program are hereby approved. Under the Interest Reduction Program, the HRA will pay up to $50,000 per year to LaNel from excess tax increment from the District available from taxes payable with respect to the Development in the years 1991, 1992 and 1993. In developing the Interest Reduction Program the HRA has considered (i) the availability and affordability of other governmental programs; (ii) the availability and affordability of private market financing; and (iii) the need for additional mortgage credit to encourage the construction and enable the purchase of housing units within the,jurisdiction of the HRA. The HRA intends to enter into an agreement with LaNel meeting the requirements of Minnesota Statutes, Section 469.012, subdivision 9, with respect-to the Interest Reduction Program and such agreement shall contain the rules of the HRA for the Interest Reduction Program. IV. ADDITIONAL EXPENDITURE OF TAX INCREMENT The costs proposed to be paid by the HRA or City with respect to the Interest Reduction Program from tax increment derived from.the District are as follows: • Interest Reduction Assistance $150,000 Administrative 10,000 Total $160,000 The use of tax increment derived from the District to pay the costs of the Interest Reduction Program is hereby authorized. Such costs are expected to be paid directly from tax increment derived from the District. It is not expected that any obligations will be issued by the City or HRA to finance such costs. V. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES .It is estimated fiscal and economic implications of the additional expenditures of tax increment revenue derived from the District for the Interest Reduction Program as authorized by these 1992 Amendments will be as follows: The local governmental units other than the City which are authorized by law to levy ad valorem property taxes in the area where the District is located and Independent School District No. 282, Hennepin County, the HRA, and various metropolitan area authorities, including the Metropolitan Council, the -3- Metropolitan Transit Commission, the Metropolitan Airports Commission and the Metropolitan Mosquito Control District (the local government units). • After the establishment and during the continuation of the District, as a result of the Redevelopment Project and the implementation of the Redevelopment Plan and the improvements in the District there has been an increase in the tax capacity of the taxable property in the District. If the tax increments derived from the District are not applied to pay the cost of the Interest Reduction Program described herein, the District would terminate approximately one year earlier than would otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in the District in the anticipated amounts. Upon such terminati on such increased tax capacity would be available for taxation by the local governmental units. However, as a result of these Amendments such increase in valuation will not be available for taxation by the local governmental units until approximately one year later. VI. DETERMINATIONS IN ORIGINAL FINANCING PLAN The determinations made in the Financing Plan with respect to designation of the District as a Redevelopment District and Housing District under the Minnesota Tax Increment Financing Act, the impact of the establishment of the District and the implementation of the Redevelopment Plan and undertaking of the Redevelopment Project and the captured tax capacity of the District upon the • redevelopment thereof are not affected by these 1992 Amendments and such determinations remain in full force and effect following the adoption of these Amendments. VI. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to alter these Amendments and to further amend or modify the Redevelopment Plan and the Financing Plan by their joint action, subject to the provisions of state law regulating such action. VIII. ORIGINAL PLAN The Redevelopment Plan and the Financing Plan, except to the extent provisions thereof are explicitly amended or supplemented by these 1992 Amendments shall remain in and be in full force and effect. -4- • • AMENDMENT OF REDEVELOPMENT CONTRACT THIS AMENDMENT is made as of , 1992, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic (the "HRA"), established pursuant to Minnesota Statutes, Sections 462.411-462.711 (the "Act"), and ST. ANTHONY LANEL, a Minnesota general partnership ("LaNel"). RECITALS: A. Prior to the date of this Amendment, the HRA prepared and approved, pursuant to Sections 462.515 and 462.521 of the Act, a redevelopment plan (the "Redevelopment Plan") for a redevelopment project known and referred to as the Kenzie Terrace Redevelopment Project (the 'Project") in an area (the "Project • Area") located in the City of St. Anthony (the "City"). B. On June 28, 1982, the City Council of the City adopted a resolution establishing the Project Area as a tax increment financing district. C. The major objectives of the Redevelopment Plan were to: Acquire for redevelopment economically or functionally obsolete or underutilized buildings and land; provide a redevelopment site of a character which would encourage future development of the area and improve sources of public revenue; eliminate blighting influences which impeded potential development; provide maximum opportunity for redevelopment by private enterprise consistent with the needs of the City as a whole; and encourage private rehabilitation of structures within the Project Area. D. In furtherance of these objectives, the HRA entered into a Redevelopment Contract dated as of July 6, 1988 with LaNel ("Redevelopment Contract") for development of a 201-unit multi-family residential rental housing project (the i "Development") intended for occupancy'by individuals of low and moderate income on the land described in Exhibit A hereto (the "Land") by LaNel. E. The HRA determined that redevelopment of the Project Area and construction of the Development pursuant to the Redevelopment Contract were in the best interests of the City and benefited the health, safety, morals and welfare of its residents. F. Prior to execution of the Redevelopment Contract, the HRA and the HRA's financial consultant calculated projections of the necessary tax increment to be generated in the Development to ensure that the bonding to be paid with the tax increment would be retired as anticipated. The amount of tax increment projected by the BRA was based upon real estate taxes estimated to be $1,200 per apartment unit in the Development. G. Throughout the discussions leading up to the preparation and the execution of the Redevelopment Contract (and in prior discussions with other potential developers of the Development), the parties assumed that the property tax per apartment unit in the Development would be approximately $1,200. These projections were made based upon the 1988 state property tax rate classifications. Since 1988, the Minnesota legislature has modified the system in a way which has resulted in an increase in the per unit property tax expenses. H. Construction of the Development has been completed by LaNel. The projection for the 1991 tax increment derived from the Development was $211,000, and the projection of the 1992 tax increment derived from the Development was $221,100. In actuality, the amount of the tax increment derived from the • 2 Development for 1.991 was $291,784, the amount of the tax increment derived from the Development for 1992 is projected to be $275,586. S I. The amount of the real estate taxes per unit for the Development have resulted in unforeseen and excessive tax burdens to LaNel which have impaired its ability to pay mortgage interest and other expenses of operating the Development. Without some relief in such costs or financial assistance, LaNel may be required to significantly increase rental rates, which will make the apartment units in the Development less affordable to individuals of low and moderate income and may increase vacancies in the Development. J. Section 6.1 of the Redevelopment Contract requires the minimum tax increment generated by the Development to be $1,100 per unit, and Section 2.2(c) of the Redevelopment Contract states that the minimum improvements will be constructed so as to have an assessed value of at least $5,700,000. LaNel has complied with these requirements and contends that it was the intention of all parties that the real estate taxes on the Development would not be more than $1,200 • per unit. K. To finance the acquisition and construction of the Development by LaNel, the City issued its $10,750,000 Housing Development Revenue Bonds (St. Anthony LaNel Project), Series 1988 (the "Bonds") under and pursuant to Minnesota Statutes, Chapter 462C, and loaned the proceeds of the Bonds to LaNel (the "Loan"), under and pursuant to a Loan Agreement, dated September 1, 1988, between the City and LaNel (the "Loan Agreement"). Under.the Loan Agreement, LaNel is obligated to repay the Loan in amounts sufficient to pay the principal of and interest on the Bonds when due. 3 • L. Based upon the foregoing facts, LaNel has requested payment by the HRA to LaNel of any excess tax increment up to the amount of$50,000 per year to assist LaNel in the payment of interest on the Loan and allow rental rates to remain at a level which is affordable to individuals of low and moderate income. M. The HRA has concluded that it would be in the public's best interest to maintain the occupancy and quality of the Development and provide affordable rental housing to individuals of low and moderate income by providing interest reduction assistance to LaNel under Minnesota Statutes, Section 469.012, Subd. 7 with respect to the excess increment available from taxes payable in the years 1991, 1992 and 1993. N. The HRA has approved an interest reduction program (the "Interest Reduction Program") under Minnesota Statutes, Section 469.012, Sudb. 7, for the Development. In authorizing the Interest Reduction Program, the HRA has relied upon representation of LaNel that the Interest Reduction Program is necessary in order to allow LaNel to maintain the occupancy of the Development and keep rental rates for the units in the Development at a level that is affordable to individuals of low and moderate income. NOW, THEREFORE, the parties hereby agree as follows: 1. Easements. Under the Redevelopment Contract, and subsequent agreements between the HRA and LaNel and/or the City and LaNel, LaNel agreed to-provide the City with certain utility easements. It is understood.and agreed that this Amendment is conditioned upon the execution, delivery and recording of such easements in a form acceptable to the HRA and the City on or before June 1, 1992. If such easements have not been fully executed by all necessary parties and delivered to the City on or before that date, this Amendment shall be null and void upon 4 written notice by the City to LaNel, whereupon neither party shall have any further obligations to the other under this Amendment except as provided in Paragraph 4 is hereof, but LaNel's obligation to provide the easements shall continue under the terms of the Redevelopment Contract. 2. Payments by HRA. The HRA agrees that when it receives the tax increment payments from the County of Hennepin with respect to the taxes on the Project payable in 1991, in 1992 and in 1993, it will pay to LaNel an amount equal to the amount of the tax increment received by the HRA with respect to the Development in excess of $211,100 for each.year, but in no event shall the amount payable to LaNel for each year exceed $50,000. This payment shall be made pursuant to and shall comply with the requirements of Minnesota Statutes, Section 469.012, Subd. 7, 8 and 9 as an interest reduction payment for the Interest Reduction Program and shall be applied by LaNel to pay interest on the Loan. 3. As provided in Minnesota Statutes, Section 469.012, Subd. 9, upon LaNel's sale or transfer of the Development, the HRA shall be paid an amount equal to: (i) The sales price of the Development, less (ii) the down payment, any payments of principal, other payments made by LaNel with other than borrowed funds to construct, acquire, or improve the Development and the outstanding principal amount of any outstanding liens or mortgages securing loans, advances or goods and services provided by LaNel for the construction, acquisition or improvement of the Development, less 5 (iii) an amount equal to $1,000,000 increased annually as of each January 1 comencing January 1, 1993 on a compounded basis by 10%, multiplied by (iv) a fraction the numerator of which is the total amount paid by the HRA to LaNel under Paragraph 2 hereof, and the denominator of which is the total of the down payment paid by LaNel for the Development, all principal.and interest payments paid with respect to any indebtedness incurred by LaNel to finance the costs of the Development and any other payments made by LaNel to construct, acquire or improve the Development. In the case of a transfer, other than an arms-length sale, an appraisal of the then current market value of the Development by a qualified appraiser shall be substituted for the sales price price of the Development under (i) above. 4. HRA Lien. The obligation of LaNel to make any payment to the HRA under Paragraph 3 shall be secured by a lien on the Development, and the HRA shall have the right to foreclose on such lien in a manner consistent with the procedure in foreclosure of a real estate mortgage in Minnesota Statutes, Chapter 582, including the right of redemption. The HRA agrees that such lien is subordinate to any and all other liens on the Development, and the HRA agrees to execute from time to time such instruments in a form satisfactory to the HRA as may be reasonably requested.by LaNel to evidence such subordination. 5. Subsequent Years. This Agreement shall apply only to the tax increment resulting from the payment of real estate taxes with respect to the Development payable in the years 1991, 1992 and 1993. With respect to subsequent years, the HRA will review the financial records for the Development, the real estate taxes, and the 6 interest obligations of LaNel with respect to the Development, and the governing body of the HRA will determine whether it is appropriate to extend the provisions of this Agreement to any subsequent tax years. This determination will be solely within the discretion of the HRA, and there is no agreement, either express or implied, to extend the provisions hereof to subsequent years. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary ST. ANTHONY LANEL By A Partner By A Partner-, 7