HomeMy WebLinkAboutCC PACKET 06291999 Meeting Sheet
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Box: 37
Folder. CC PACKETS 1999
Document: CC PACKET,06291999
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7:30 PM - Joint meeting with the School Board
for presentation from Heart of the Earth
CITY OF ST. ANTHONY
CITY COUNCIL WORK SESSION
June 29, 1999
6:00 PM*
City Hall
PAGE(S)
I. CALL TO ORDER.
II. ROLL CALL.
• Ill. INTERVIEW CONSULTANT FOR NEW PUBLIC WORKS
FACILITY. NANCY SCHULTZ AND BOB MOBERG OF
SEH/RCM WILL BE PRESENT FOR DISCUSSION AND
QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
IV. DISCUSS PAHL AVENUE PROPERTIES ISSUE . . . . . . . . . . . . . . . . . 2 - 9
V. DISCUSS PURCHASE OF A Y2k EMERGENCY
GENERATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 15
VI. REVIEW LEASE WITH KATHY MARTIN/HAIR
ADVANTAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 18
VII. FUTURE COUNCIL AGENDA ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . 19
VIII. OTHER BUSINESS.
IX. ADJOURNMENT.
*Sandwiches and beverages will be provided for the 6:00 PM meeting by 5:45 PM.
•
•
III. INTERVIEW CONSULTANT.
•
•
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•
STAFF REPORT
DATE: June 10, 1999
TO: Mayor and Councilmembers
-FROM: Michael Mornson, City Manager
ITEM: CONSULTANT SELECTION - PUBLIC WORKS
BUILDING
• We began the process for selecting a consultant for a Public Works building about a month ago
when we sent out RFP's to 15 engineering funis. In addition, we gave a walk through on May
10, 1999, to the 15 firms. Following the walk-through, five firms submitted proposals.-Jay
Hartman and I interviewed those five firms on Wednesday, May 9'. The five firms were: (1)
TKDA; (2) Kodet; (3) WAI; (4) Luken; and (5) SEH/RCM.
Following the walk-through, interviews, and based on references and our own experience, Jay
and I agreed that SEH/RCM would be our first choice to do the architecture and engineering
services for the new Public Works facility. If SEH/RCM is selected, Nancy Schultz will be
the architect and Bob Moberg will be the engineer for the project.
Ms. Schultz and Mr. Moberg will be present at the June 29 Work Session for discussion and
questions. This item will be included for Council consideration on the July 13'h Regular
Council meeting agenda, if Councilmembers concur with staff's recommendation.
•
•
IV. PAHL AVENUE PROPERTIES.
•
•
z
• MEMORANDUM
DATE: June 7, 1999
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: PURCHASE OF PAHL AVENUE HOMES
I spoke with Evergreen about their experience in condemnation cases. They informed me that
in most of the cases they have been involved with, the award for value from the
Commissioners favored the property owner's value.
The tentative cost to file a condemnation case is estimated as follows:
1. Attorney fees, filing, etc. $15,000
2. Appraisals of property: $4,500
• 3. Title work, plus offer $1,500
4. Testimony from witnesses, WSB & Associates,
appraisals, plus Evergreen $2,500
$23,500
This estimated cost does not include expenditures that would be related to an appeal of the
Commissioner's award by either party.
Evergreen plays a minor role in condemnation, if any. The attorney and the appraiser would
play the largest role. It is recommended that the City would need to get another appraisal of
the properties as well as pay for up to $500 for each of the property owners' appraisals.
Matt Storm of Evergreen felt that the Kuharski's and the City are closer in value than the
Tuohy's and the City. One option would be to attempt to purchase Kuharski's property
through continued negotiations and either condemn Tuohy's properties or walk away from his
property and address his property when the market changes.
The one factor that will increase our cost in the Tuohy condemnation is he has two renters in
• the houses. As a result, we would need to pay relocation costs to the renters as well as help
them find new places to rent. This would also increase our out-of-pocket costs. That's not
included in the $23,500.
3
DORSEY & WHITNEY LLP
MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK
WASHINGTON,D C 220 SOUTH SIXTH STREET DENVER
LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE
BRUSSELS TELEPHONE: (612) 340-2600
FARGO
HONG KONG FAX: (612) 340-2868
BILLINGS
DES MOINES
ROCHESTER WILLIAM R.SOTH MISSOULA
(612)340-2969
COSTA MESA FAX(612)340-2644 GREAT FALLS
soth.williarnV orseylaw.com
July 9, 1998
CONFIDENTIAL-
ATTORNEY-CLIENT PRIVILEGED
Mayor Ranallo and Members
of the City Council
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
• Re: Acquisition of Pahl Avenue Properties
Dear Mayor Ranallo and Members of the Council:
Mike Morrison has asked me to advise you regarding the possible condemnation of
certain properties on Pahl Avenue in the event the owners are not willing to sell at a negotiated
price. Under Minnesota Statutes Chapter 117, the City would have the ability to acquire homes
so long as the property is being acquired for a public purpose. Presumably, flood mitigation
would be a valid public purpose. In order to acquire the property, the City would commence a
condemnation proceeding under Chapter 117 and would name as parties in that proceeding all
owners and other parties having any interest in the real estate. If a "quick take" procedure is
used, the City can acquire title within a period of 90 days. The parties then either continue to
negotiate on the amount of compensation to be paid by the City, or if they cannot agree,
commissioners are appointed. The commissioners then review appraisals and hear testimony of
the appraisers and others as to the compensation to be paid by the City. The measure of damages
is the market value of the property acquired (i.e., what a willing buyer would pay a willing seller)
plus any relocation payments to which the owner might be entitled. If the parties cannot agree on
these amounts,they are determined by the commissioners.
As you may recall from the condemnation of the restaurant properties a number of years
• ago,the relocation payments are governed by regulations, and consultants can be retained to
DORSEY & WHITNEY LLP
Mayor Ranallo and Members
of the City Council
June 9, 1999
Page 2
determine the amount of those relocation benefits. In the case of such an acquisition, the owner
is entitled to reimbursement for appraisal fees in an amount not to exceed $500. If the City
purchases the property, or acquires it by condemnation, it must inform the owner of the right, if
any, to reimbursement for the appraisal fees and for the relocation benefits if the owner is entitled
to them.
I understand you also had a question of whether you could set a deadline for negotiations,
after which deadline the City would commence condemnation. You could do this by a resolution
that would state that if an agreement has not been reached with the owners by a specified date,
the Council would consider a resolution to begin condemnation proceedings. I would not
recommend a resolution which would automatically make that decision. Once the Council
determines to begin the proceedings, there are various notices and other formalities that will need
• to be met under the state statutes, but I can inform you as to those if condemnation becomes
necessary.
ery t ly yo ,
V V
William R. Soth
WRS/ms
•
JUN-18-99 FRI 12:34 EVERGREEN LANDSERVICES FAX N0. 9350862 P. 1
5
EVERGREEN LAND SERVICES CO.
6110 BLUE CIRCLE DRIVE, SUITE 140
MINNETONKA, MN 55343
(612) 930-3100 9 Fax (612) 935-0862
Watts (888) 411-1134
June 17, 1999
Mr. John Kuharski
270.9 Pahl Avenue _
St. Anthony, MN 55418
RE: Offer from the City of St. Anthony.
• Dear Mr. Kuharski:
On Tuesday May 4th, 1999 we presented to the counsel figures based on our meeting with
you on April 28th, 1999 at which time you felt that your home would probably sell for an
amount between $195,000 and $200,000. It was agreed that we should proceed with an
offer of$195,000 with closing and movvig costs of approximately $5,000 as well as waive
the special assessments of approximately$3,295.00.
This letter shall serve as a written offer based on the above figures. The City of St.
Anthony would like a response to this offer by the end of the month so they can decide in
which direction they should proceed. As I mentioned to you earlier the City of St.
Anthony may choose to use their right of eminent domain if necessary. You can respond
directly to Mike Morrison at(612)789-8881.
Sincerely,
VA6a6A)
Matthew S. Storm
Vice president
•
Successfully serving our clients since 1972
JUN-18-99 FRI 12:33 EVERGREEN LANDSERVICES FAX N0. 9350862 P. C .
EVERGREEN LAND SERVICES CO.
6110 BLUE CIRCLE DRIVE, SUITE 140
MINNETONKA, MN 55343
(612) 930-3100 • Fax (612) 935-0862
Watts (888) 411-1134
June 17, 1999
Mr. John P. Tuohy
808 Park Place Drive
St. Paul, MN 55118-2743
RE: Offer from the City of St. Anthony for 2700 and 2704 Pahl Ave., St. Anthony, MN.
• Dear Mr. Tuohy:
On Tuesday May 4th, 1999 we presented to the counsel figures based on previous
discussions with you. You had asked for approximately $137,500 plus assessments for
2700 Pahl Avenue and $158,000 plus assessments for the property at 2704 Pahl'Avenue.
It was agreed by the City Council that we should proceed with an offer of$133,500 plus
assessments for 2700 Pahl,Avenue and $142,500 plus assessments for 2704 Pahl
Avenue.
This letter shall serve as a written offer based on the above figures. The City of St.
Anthony would like a response to this offer by the end of the month so they can decide in
which direction they should proceed. As I mentioned to you earlier the City' of St.
Anthony may choose to use their right of eminent domain if necessary. You can respond
directly to Mike Mornson at(610789-8881.
Sincerely,
Matthew S. Storm
Vice President
•
Successfully serving aur ciient.R Qint-a X472
• John P. Tuohy
808 Park Place Drive
Saint Paul,MN 55118-2743
(651)457-6287
June 20, 1999
City of Saint Anthony Village
3301 Silver Lake Road
Saint Anthony, MN 55418-1699
Attn: Michael J. Monson, City Manager
Re: 2700 and 2704 Pahl Avenue, Saint Anthony
Dear Mr. Morrison:
I received a letter yesterday from Matthew Storm of Evergreen Land Services Co.
regarding his telephone calls to me on April 12`x' and May 6`h. His letter included a written offer
on behalf of the City of Saint Anthony Village of$133,500 plus assessments for 2700 Pahl
Avenue and$142,500 plus assessments for 2704 Pahl Avenue stemming from the City Council
• meeting on Tuesday, May 4`h.
These offers by the City have not been increased in price for the last two months and fail
to include increases in home values since that time. No price can be kept static in the kind of
residential real estate market that exists today, especially in the City of Saint Anthony Village.
The past offers by the City have consistently been historical and have never reflected current fair
market value. I expect to sell and I expect the City to buy 2700 and 2704 Pahl Avenue at current
fair market values and nothing more and nothing less. The City bought at least one of the five
targeted houses at less than fair market value and the owners regretted that they had agreed to the
City's price and they stated so in the newspapers. I do not intend to make that same mistake and
I do not think it is the place for the City to negotiate in that manner.
In my prior letters to the City regarding the buyouts, I included extensive factual data
supporting my offers. I obtained this data based on actual comparable sales of ramblers in the
neighborhood and then current listings. I have never received a factual response to that
information supplied by me and I have had from the City only its opinion on sale prices. As
Alan Greenspan said regarding economic forecasting: "We are all entitled to our own opinions,
but we are not entitled to our own facts."
I will include in this letter continued recent data on recent listings and sales of residential
real estate in the area. This data will support my continued offer of$139,500 plus assessments
for 2700 Pahl Avenue and $156,000 plus assessments for 2704 Pahl Avenue. These prices have
. not been raised yet to reflect increases in home market values in the last two months, but do
include increases prior to that time.
1
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• The prices are based on current market values in Saint Anthony for ramblers and have not
been artificially inflated simply to be lowered to a"compromise" price. I expect the City to
purchase these properties at these prices and the City should feel comfortable that they represent
the fair market value as of two months ago. The City could have bought both properties for
$246,000 at the outset of these proceedings, but declined to do so. The City could also have later
bought these properties a few months later for$259,000, but declined to do so. The reality of
sharply higher prices for these and similar ramblers in Saint Anthony can't be ignored and the
trend will continue. As the City continues to refuse to purchase, the prices--whether for these
two properties or other comparables in the neighborhood--will continue to increase. I don't think
I'm telling the City anything it doesn't already know. I think the City is well aware of the
significant jump in rambler prices in the first tier cities in the Minneapolis metropolitan area
including Saint Anthony.
The headline article in the Sunday Business section of the Minneapolis Tribune on June
6`h refers to the hot housing market and the bidding wars that are greeting Twin Cities home
buyers searching for houses in popular neighborhoods. The article states that people looking for
houses that are $150,000 or less are feeling the sting of a tight market. The article quotes the
Regional MLS provided by the Minneapolis Area Association of Realtors for the entire Twin
Cities metropolitan area for the four month period ended April 30, 1999 as having an average
sale price of closed house sales of$149,500.
• The headline article in the Saturday Business section of the Minneapolis Tribune on June
12, 1999 stated that the demand continued to drive up home prices. The article stated that the
prices of closed home sales in May 1999 continued to be a record high according to Regional
MLS data released by the Minneapolis Area Association of Realtors.
A few days before the City proffered its current prices for 2700 and 2704 Pahl Avenue,
the cover story in the Homes section of the Minneapolis Tribune on April 24, 1999 dealt with the
high demand that was spurring sales before homes were even hitting the MLS.
On June 8, 1999, KMSP Channel 11, in both their nightly newscasts, featured the local
housing crunch. Statistics quoted in the newscasts include the following:
• The local housing market is the hottest it's been in years.
• The hottest market includes the first tier suburbs.
• Ramblers are in the biggest demand and are in the shortest supply.
• The $130,000- $150,000 range in housing prices creates a frenzy in buyers.
• Houses priced under$150,000 are selling within hours of being listed.
• Houses have sold for more than the appraised price.
• Many of the houses priced under$150,000 sold for 10% to 20% over the asking price.
• In order to purchase,buyers either have to move up in price or move out to a third tier
suburb.
The Minneapolis Tribune web site for houses listed in the MLS in the Mounds View/New
Brighton/Saint Anthony area shows 18 listings as of today for the $133,500 - $170,000 price
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• range. The seven lowest priced of these houses, from $134,900 to$144,900, are all in either the
second tier of New Brighton or the third tier of Mounds View. The majority of these houses are
split level houses and not ramblers. Of the remaining eleven houses, ranging from $$144,900 to
$169,900, five are in New Brighton, two are in Mounds View, and four are in Saint Anthony.
Three of the five houses in New Brighton are the lower priced split entry homes. The other two
New Brighton houses are ramblers and one of them is a 3 BR rambler priced at $155,000 and the
other is a 3 BR rambler with one bath priced at $169,900. Both of the Mounds View houses are
north of Highway 10 and one is a split entry home and the other is a 3 BR rambler with one bath
priced at $147,900. All four of the Saint Anthony houses are 3 BR ramblers and are currently
listed as follows:
• 3516 Roosevelt Street NE $144,900
• 3200 Silver Lake Road (tuck under garage) 144,900
• 2521 Pahl Avenue NE 146,900
• 3634 Belden Drive NE 155,000
Recent residential sales in the last few months of ramblers in the Saint Anthony
neighborhood of 2700 and 2704 Pahl Avenue include the following houses:
2504 Pahl Avenue NE (2 BR, one car garage) $129,900
• 2708 Murray Avenue (3 BR, one car garage) 139,000
• 2601 Pahl Avenue NE (2 BR, two car garage) 149,000
• The prices of$139,500 plus assessments for 2700 Pahl Avenue and $156,000 plus
assessments for 2704 Pahl Avenue reflect the above listed prices for ramblers currently listed for
sale and recently sold in the Saint Anthony neighborhood. The prices for the two properties are
based on fact and not opinion. The City of Saint Anthony Village should recognize these facts
and be willing to pay this full and fair market value for each of the properties. Any further delay
will only further increase the prices,just as it will for all other houses to be sold.
Respectfully submitted,
n
n P. Tuohy
•
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•
V. EMERGENCY GENERATOR.
•
• MEMORANDUM
DATE: June 21, 1999
TO: Mike Mornson, City Manager
FROM: Jay Hartman, Public Works Director
RE: Purchase of 30ORW Back-up Generator/Portable Fuel Tank for City
Hall Building
I have received a price quote for the purchase of a 30OKW back-up generator.
Cummings North Central Inc. submitted a quote to duplicate our existing Onan trailer
mount generator.
Purchasing an additional generator will give us the ability to not only power-up the City
Hall building for the Y2K scenario but also provide the Public Works staff with
additional back-up capabilities for ruining lift stations and pump houses during seasonal
power outages. The quotation from Cummings North Central has a purchase price of
$60,000.00. Due to the cost this purchase would have to be bid out. Delivery is
estimated at 60 to 75 days.
Propane Tank
Suburban Propane has submitted a proposal for the rental of a 1,000 gallon propane tank
and gas vaporizer for the upcoming Y2K event. The tank will provide enough back-up
fuel to run one bank of boilers (3) for approximately one week. The rental cost of
equipment is $2,500.00. Delivery of the tank and equipment would be in September,
removal of equipment in February 2000. Additional cost to change out to the boiler
system to run on propane should not exceed$1,000.00.
•
MEMORANDUM
DATE: June 4, 1999
TO: Mike Mornson, City Manager
FROM: Roger Larson, Finance Director
ITEM: Y2K EMERGENCY GENERATOR/AUXILIARY LP GAS TANK
Per your request, I researched internal funding options for the purchase of a generator
($80,000) and an auxiliary LP gas tank ($15,000).
Upon review of the 1999 budget, current fund balances and our year-end designations,
the majority of the City's fund balances are restricted or dedicated to specific projects.
However, two potential funding options are available which could provide funding for
these two expenditures.
• Option #1
The General Reserve Fund has a current fund balance of$163,161.
$100,000 of the balance is committed to Budget Levy Reserves. The
remaining funds of$63,161 is available for use per Council designation.
In addition, the Revolving Fund's 1998 interest earnings totaled $59,931
and are non-designated and could be used as a funding source.
$ 63,161 General Reserve Fund
59,931 Revolving Fund Interest Earnings
$123,092 Total Available Reserves
Option #2
This option would include a combination of using reserves as stated in
Option #1 and redefining a 1999 Sewer budget line item (701-48100-482
$22,500) for sewer line repairs/reconstruction.
This concept holds merit because future use of the generator would be
associated with the sewer lift stations. In addition, Mr. Hartman
• indicated that redirection of this expenditure was workable and would not
stress the water & sewer operating budget.
iz
• $ 22,500 Redefined 1999 Sewer Line Item
72,500 General Fund Reserves/Revolving Interest
$ 95,000 Total Y2K Funding Resources
From a standpoint of management of all funds and funding commitments both options
are workable, however, option#2 holds the most merit to it. It would appropriately
apply some of the expense where the generator would be primarily used and leaves
$50,000 in reserves for future consideration while option #1 leaves $28,000.
•
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STAFF REPORT
• To: Michael Mornson, City Manager
From: Kim Moore-Sykes, Management Assistant Rob
Date: June 22, 1999
Subject: Year 2000 Legislation for Local Units of Government in Addressing Y2K.
On May 25, 1999 the Governor signed legislation enacted by the 1999 Legislature that offers
local units of government assistance and protection in their attempts to mitigation the
potential effects of possible Year 2000 problems. This legislation that is found in Ch. 250,
Article 2, Sections 6-7, provides for the following:
• exemption from the Uniform Municipal Contracting Law (MN Statutes, Sec.
471.345)
• ability for a local government unit to issue Year 2000 debt above the Debt Limit
• provides for Year 2000 loan fund.
In order for the City to participate in any or all of these provisions, the City is required to
provide notification or certification to the Minnesota Department of Administration. This
notification or certification is'done by completing any of the attached forms and submitting
both the form and a resolution supporting the request to the Minnesota Year 2000 Project
Office.
Exemption from Uniform Municipal Contracting Law. (Ch. 250,Article 2, Section 6): This
section of the Year 2000 Legislation states that the Uniform Municipal Contracting Law does
not apply to the purchase or rental of supplies, materials, and equipment nor to construction,
alteration, repair, and maintenance of real or personal property when the governing body of a
municipality determines that there is an urgency due to the actual or potential failure or
malfunction of public infrastructure or systems that are critical to the provision of municipal
services due to Year 2000 problems with computers and electronically controlled devices.
This section goes on to further state that a contract exempted from the Minnesota Statues by
this legislation may, at the discretion of the municipality, be made by direct negotiation by
obtaining two or more quotes or in the open market. All quotations shall be kept on file
. for a period of at least one year after receipt.
The City must also report to the Year 2000 Project Office in the Department of
Administration for each instance in which the City omitted compliance with the Uniform
Municipal Contracting Law under authority of this section of Ch. 250. ,
Issuing Year 2000 Debt Above Debt Limit. (Section 7, Subd. 5): Under this section, any law
or charter provision authorizing a municipality to borrow money and incur debt is deemed to
also include the authority to borrow money and incur debt for Year 2000 problem
remediation. Debt that is incurred to alleviate Year 2000 problems is not subject to debt
limits and "notwithstanding any contrary provision of law or charter provision, need not be
approved by the voters" of the municipality.
This authorization sunsets December 31, 2000 and any debt incurred using this authorization
is required to be paid by December 31, 2005.
Year 2000 Loan Fund. (Section 12): With this Section, the legislature appropriated
$20,000,000 from the-General Fund in fiscal year 2000 to the Commissioner of Finance to
establish a fund to make loans to ". . . home rile charter and statutory cities and towns" to
meet the costs of addressing potential Y2K problems. The Year 2000 Project Office of the
Department of Administration is required to review all applications and certify that:
1. The proposed use of the loan is related only to remediation of a Y2K problem;
• 2. the unit of government making the application has insufficient resources
available to address its Y2k problems; and
3. the loan would be used to remediate problems that are hely to affect public
health and safety or cause catastrophic loss to property or the environment.
The loans must be repaid by June 30, 2001. The interest that is payable on the loan is at the
rate earned by the State on Invested Treasurer's Cash, as determined monthly by the
Commissioner of Finance.
If the City received a loan under this Section,the Cary must report to the Year 2000 Project
Office in the Department of Administration within 60 days of receiving the loan. This
report must state how the loan was used in accordance with the criteria as listed above. The
appropriation is cancelled April 1, 2000.
If the Commissioner of Administration determines that these funds were not used in a
manner consistent with the requirements of this Section,the City will be required to pay
interest on the loan at the rate of 12%, compounded annually from the time the loan was
received by the City.
15-
No
5No apparent deadline was mentioned either in the memo from David Fisher, Commissioner
of the Department of Administration or in the legislation, but it can be assumed that if the
• Council is interested in applying for any of these provisions, it should be done fairly soon.
•
VI. LEASE WITH KATHY MARTIN.
•
1 �
MEMORANDUM
DATE: June 10, 1999
TO: Mike Mornson, City Manager
FROM: Roger Larson, Finance Director
ITEM: HAIR ADVANTAGE LEASE AGREEMENT
Per your request, I reviewed the lease agreement between the City of St. Anthony and
Hair Advantage (barbershop - leased space at Fire Station).
The present lease agreement expires 11/1/99 with a current monthly rent payment of
$440.00. The term of the last lease was for five years with and an annual percentage
increase between 2.5% - 2.3%.
Under the terms of this agreement, the Landlord is responsible to furnish all utilities
such as heat, lights, water/sewer and trash pickup. Based on a review of projected rate
• increases for utilities and labor, my recommendation would be to increase the rent in
increments of$20.00 per month, per year (4.5% - 3.8% increase).
The annual rent:
Year 1 - $460.00
Year 2 - $480.00
Year 3 - $500.00
Year 4 - $520.00
Year 5 - $540.00
If the property is redeveloped or takes on a different use, Article 19 states: "Either
party shall have the right to terminate the lease at any time upon a (90) days written
notice."
•
LEASE
• THIS AGREEMENT, made this 27th day of October, 1994, by and between the CITY OF ST.
ANTHONY, a municipal corporation under the laws of the State of Minnesota, (hereinafter
called "Landlord") and KATHY MARTIN, 1606 - 3rd Street N.E., Minneapolis, MN 55413
(phone 788-0977 or 788-3632). (hereinafter called "Tenant"),
WITNESSETH:
That the Landlord, in consideration of the rents and covenants hereinafter mentioned, does
hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire and take
from the Landlord the following described premises located in the County of Hennepin and the
State of Minnesota, viz:
That portion of the premises located at 2800 Kenzie Terrace consisting of approximately 605
square feet, in accordance with Exhibit A attached and made a part of.
TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on the part
of said Landlord of making any alterations, improvements or repairs of any kind on or about the
said premises save as provided herein, for the term of sixty (60) months commencing
November 1, 1994, unless terminated at an earlier date as hereinafter provided, for the
following purposes only to-wit: Offices for a barber shop and uses permitted under the zoning
ordinances of the City of St. Anthony in the "C' General Commercial Business District, except
those deemed by the Landlord to conflict with the municipal liquor operation.
ARTICLE 1. RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota 55418,
or at such other address as may be designated by Landlord, without prior demand and
without any deduction or set-off, annual rent in the amount of:
(1) $400.00 per month for the period of November 1, 1994 to December 31, 1995; and,
(2) $410.00 per month for the period of January 1, 1996 to December 31, 1996; and
(3) $420.00 per month for the period of January 1, 1997 to December 31, 1997; and
(4) $430.00 per month for the period of January 1, 1998 to December 31, 1998; and
(5) $440.00 per month for the period of January 1, 1999 to November 1, 1999.
ARTICLE 2. POSSESSION: TERM: RENT.
The term of this lease shall be sixty (60) months commencing on November 1, 1994 and
terminating on November 1, 1999, unless terminated at an earlier date as hereinafter
provided. Landlord shall have no responsibility or liability for loss or damage to fixtures,
facilities or equipment installed or left on the premises, unless caused by the negligence
0 of Landlord, its agents or employee.
MR ADVANTAGE l g
2800 KENZIE TERRACE
ST.ANTHONY,MN 55418
612-788-0977
•
June 09, 1999
SAINT ANTHONY VILLAGE
3301 SILVER LAKE RD.
MIKE MORNSON
CITY MANAGER
DEAR MIKE,
AS WE.HAD DISCUSSED SEVERAL WEEKS AGO,WE WOULD LIKE-TO REQUEST THE
CONSIDERATION OF OUR LEASE RENEWAL.
I FEEL WE ARE TRULY AN ASSET TO THE COMMUNITY AND WOULD LIKE TO CONTINUE OUR
LEASE WITH SIMILAR TERMS.I REALIZE THIS MATTER NEEDS TO GO BEFORE THE COUNCIL AND
WOULD LIKE TO RESOLVE IT BEFORE OUR CURRENT LEASE EXPIRES,AS MAKING A MOVE
WOULD REQUIRE SOME PLANNING IF IT BECOMES NECESSARY.
PLEASE ADVISE ME OF WHAT I MAY DO TO HELP RESOLVE THIS MATTER.
SINCERELY,
•
KATHY MARTIN
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VII. FUTURE COUNCIL AGENDA ITEMS.
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Meeting Date Meeting Type Item/Issue
July 13 Regular Res, re: Select consultant for new Public Works building
Ord., re: Park dedication (3rd reading)
Ord., re: Council's salaries (3`d reading)
Res., re: Enter into a professional service agreement
w/WSB
Res., Approve new lease with Kathy Martin
Present plaque to D. Kramer
July 27 Regular Planning Commission report - July 20
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August 4 Work Session Review Year 2000 budget
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1 CITY OF ST. ANTHONY
2 CITY COUNCIL/PARKS COMMISSION
3 JOINT MEETING AGENDA
• 4 June 1, 1999
5 6:00 p.m.
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9 I. CALL TO ORDER BY THE MAYOR.
10 Meeting was called to order at 6:15 p.m.
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12 II. ROLL CALL.
13 Councilmembers Present: Ranallo, Marks, Faust, and Cavanaugh.
14 Councilmembers Absent: None.
15 Also Present: Michael Mornson, City Manager; Kim Moore-Sykes, Management Assistant;
16 Jay Hartman, Public Works Director; Carol Jindra, Chair, Parks Commission; Kathy Wolfe,
17 Parks Commissioner; Joanne Kosciolek, Parks Commissioner, Diana Roadfeldt, Community
18 Services Representative to the Parks Commission.
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20 III. MAYOR WILL PRESENT AN UPDATE ON CITY GOALS AND ISSUES FOR 1999 AS
21 WELL AS AN UPDATE ON THE SALVATION ARMY PROPERTY.
22 The Mayor updated the Parks Commissioners on the status of the Silver Point Park
23 reconstruction, purchase of properties on Pahl Avenue, and the redevelopment of St. Anthony
24 Shopping Center. He also reported that two theater groups are interested in sites at Apache
•25 Plaza and the Herberger's have indicated that they are interested in keeping their store at
26 Apache Plaza.
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28 The Mayor reported that there had been a meeting at the Salvation Army Camp site that
29 brought together community and business leaders to tour the site and to discuss development
30 ideas for the Camp. He reported that last week, the advisory committee had met with
31 representatives from the Heart of the Earth organization. He said that the meeting was very
32 informative about their organization and their plans for the Camp. The Mayor indicated that
33 there is a purchase agreement for $14.5 million. He also said that the City is interested in
34 getting the property appraised in the event the offer falls through.
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36 The Mayor reported that the City has been stepping up efforts on Code Enforcement. He said
37 that the Fire Department has taken over those duties. He also reported that the City has just
38 concluded the neighborhood meetings that were held in May.
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40 IV. QUESTIONS FROM PARK COMMISSION ON CITY GOALS.
41 Chair Carol Jindra reported on the activities of the Parks Commission. She indicated that the
42 construction at Water Tower Park has started and it is anticipated to be completed in mid- to
43 late July. In response to the Mayor's question about grand opening of the park, she indicated
44 that she would like to plan an ice cream social with music, games and other activities.
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46 Jindra reported that the Commission is looking at possible sites for "pocket parks" in the
•47 Village. She reported that some sites that were suggested include Mirror Lake area, Kenzie
1 Terrace, etc. She asked the Council about their thoughts regarding the Central Park
2 redevelopment project; the planning; and the phasing of the construction. She also asked if it
3 would be possible to invite CSO's to their Parks meeting so that they Police are more aware of
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4 some of the issues associated with vandalism in the parks. The Council suggested having
5 volunteers to patrol the parks and directed the City Manager to speak with the Police Chief
6 regarding the use of DARE officers to patrol the parks.
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8 Jindra reported that the Commissioners have pursued the possibility of leasing the fields next to
9 Unisys while the parks are being redeveloped. She agreed that it may be too late this year to
10 use those fields if an agreement is reached but that next year seems more likely. Jindra also
11 asked about the possibility of plantings for the comer of 33`d Avenue NE and Silver Lake
12 Road. She indicated that the plantings and the replacement of the evergreen trees would
13 certainly enhance the look of that corner. She also asked that the Council consider putting
14 recycling cans/bins by the tennis courts. She reported that often the players are drinking
15 bottled water or juice and have no place to put the empty aluminum or plastic containers but in
16 the trash can.
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18 Jindra asked about installing a mailbox at City Hall/Community Center; skateboard site; and
19 the status of filling the Parks Commission vacant positions.
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21 V. ADJOURNMENT.
22 The City Council/Parks Commission joint meeting adjourned at 7:10 p.m.
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24 Respectfully submitted by,
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27 Kim Moore-Sykes
28 Management Assistant
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2 CITY OF ST. ANTHONY
3 WORKSESSION MINUTES
• 4 June 1, 1999
5 7:15 p.m.
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8 I. CALL TO ORDER.
9 Meeting called to order at 7:15 p.m.
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11 II. ROLL CALL.
12 Councilmembers Present: Ranallo, Marks, Faust, and Cavanaugh.
13 Councilmembers Absent: None.
14 Also Present: Michael Mornson, City Manager; Kim Moore-Sykes, Management Assistant;
15 Jay Hartman, Public Works Director; and Todd Hubmer, WSB & Associates.
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17 III. REVIEW INFORMATION FROM WSB & ASSOCIATES, INC. AND EVERGREEN
18 LAND SERVICES CO. ON PAHL AVENUE PROPERTIES.
19 The City Manager reported that Matt Storm, Evergreen Land Services, indicated that
20 negotiations are at a standstill with the owner of the Pahl Avenue properties. Todd Hubmer,
21 WSB & Associates reviewed a letter dated May 26' that he had sent to the Mayor and City
22 Council. He reported on the various options available to the Council regarding this situation.
23 He also reported that he had recently spoken to Terry Smith, FEMA representative, about the
24 situation and its impact on the FEMA funds that the City received for the flood mitigation
W5 project. Hubmer indicated that Smith said that whatever the City decided to do with the Pahl
26 Avenue properties, that decision would not cause the City to forfeit any of the FEMA funds.
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28 Councilmember Cavanaugh questioned the costs of condemnation. Hubmer indicated that the
29 Council should direct that question to Evergreen Land Services as they have dealt with this
30 issue more frequently. The City Manager indicated that he would also speak with the City
31 Attorney. Councilmember Faust said that he, too wants 100-year flood protection and would
32 support condemnation, but indicated he wants to try negotiation once more to demonstrate the
33 City's good faith efforts in resolving this situation. The Mayor indicated that he wants the City
34 Manager to contact the City Attorney and to meet with Evergreen Land Services to discuss
35 continued negotiation possibilities and condemnation.
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37 The City Manager reported that a copy of the EAW letter is with the City Attorney. The City
38 Attorney indicated that the request is premature because there is no project at this time. The
39 City Attorney advised the City Manager that the request is good for one year. Councilmember
40 Cavanaugh questioned how the City could do a feasibility study, soil borings, audit trees, etc.,
41 if the letter stated that the City can't put a shovel into the ground. Hubmer stated that soil
42 borings, auditing trees, etc., are allowable activities in doing a feasibility study, which he
43 reported ultimately allows them to determine the ability to do the project.
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45 IV. DISCUSS GENERATOR COSTS.
W6 The City Manager reported that the City has one generator. He referenced a memo from the
7 Public Works Director that discusses the costs of securing and leasing generators. Jay
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1 Hartman, Public Works Director indicated that these generators provide electricity only; he
2 reported that if the Council wants to have the Community Center heated, he will need to also
3 order LP and change the connections to the boilers that would accept LP. Hartman indicated
• 4 that he needed the Council to make a decision soon so that he can make arrangements for the
5 lease or purchase of a generator. The Council will be decide this at the June 29' worksession.
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7 V. REVIEW COUNCIL PAY ORDINANCE.
8 The Council discussed the history and merit of increasing Council salary every two years. The
9 Mayor reported that this is done traditionally before the election. The Council directed the
10 City Manager to put a resolution on for the next Council meeting showing a $20 per month
11 increase for Councilmembers and a $28 per month increase for the Mayor.
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13 VI. REVIEW TAX INCREMENT FINANCING.
14 The City Manager reported that due to recent changes to tax capacity legislation may have
15 caused the April 8, 1999 TIF Summary to be premature. In response to Councilmember
16 Cavnaugh's question, the City Manager reported that the TIF Summary is done so that the City
17 retains authority to use the TIF funds generated by the City's TIF districts. He said that if the
18 City did not continuously update the summary; the City would be required to hold public
19 hearings to fund any qualifying projects.
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21 VII. OTHER BUSINESS.
22 A. Review Bill Myers' Memoriam. Council discussed setting up a memoriam in Myers'
23 name. Council decided that if anyone wishing to give should do so individually.
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5 VIII. DISCUSS FUTURE COUNCIL AGENDA ITEMS.
6 A. June 8`' Council Meeting. The City Manager reported that Anthony Kaczor will not be
27 able to accept his plaque at the June 8°i meeting but has rescheduled for the June 22' Council
28 meeting. The City Manager reminded the Council that they are scheduled to interview the
29 Parks Commission applicants before the regular June 8' Council meeting. He also reported
30 that he will have the EAW request on the June 8' agenda for their discussion. He indicated
31 that no action is required and they have until the June 22' Council meeting to decide.
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33 B. June 29' Worksession Meeting. The City Manager reported that the consultant for the
34 new Public Works building is on the agenda for this worksession meeting. He also indicated
35 that he has scheduled a meeting with the representatives of the Heart of the Earth school and
36 the School Board but said that the representatives from Hearth of the Earth aren't sure if they
37 will be able to attend.
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39 IX. ADJOURNMENT.
40 The City Council worksession meeting adjourned at 9:10 p.m.
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42 Respectfully submitted by,
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45 Kin Moore-Sykes
•46 Management Assistant
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CITY OF ST. ANTHONY
CITY COUNCIL/ISD #282 SCHOOL BOARD
JOINT WORK SESSION
June 29, 1999
7:30 PM
• City Hall
I. CALL TO ORDER BY MAYOR RANALLO.
II. REPRESENTATIVES FROM HEART OF THE EARTH SCHOOL
WILL GIVE A PRESENTATION RELATING TO THEIR POSSIBLE
PURCHASE OF THE SALVATION ARMY SILVER LAKE CAMP
SITE.
III. ADJOURNMENT.
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