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CC PACKET 09252007
H.R.A. meeting immediately following regular meeting CITY OF ST. ANTHONY CITY COUNCIL MEETING AGENDA September 25, 2007 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration Discussion and Possible Action on All of the follourft items: I. Approval of the September 25, 2007, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items are considered routine and will be enacted by otre motion. There will be no separate discussion of these itens unless a Councilmember or citizen so requests, in which event the Will will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of September 11, 2007, Council Meeting Minutes. (pp.1 - 6) B. Licenses and Permits. (p. 7) C. Claims. (pp. 8 -10) IV. Public Hearing. V. Reports from Commission and Staff. ( Don Jensen, Planning Commissioner, presenting) A. Ordinance 07-004; Text Amendment to Light Industrial Section 1640.02 (pp.11-15) VI. General Business of Council. (action requested on all items) A. Resolution 07-067; Sixth Amendment to Development Agreement for Silver Lake Village. Stacie Kvilvang, Ehlers & Associates, presenting. (pp. 16 - 23) VII. Reports from City Manager and Councilmembers. VIII. Community Forum. individuals may address the City Council about any iters not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the forst at the podium, state their name and address for tire Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time; but may typically refer the matter to staff for a f tture report or direct the natter to be scheduled orr an upcoming agenda. IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment. Our Mission is to be a progressive and livable comtinwity, a walkable village, which is safe and secure. Z:ICouncil Meetings1200710425071agendapg #.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES September 11, 2007 CALL TO ORDER Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL Present: Mayor Faust; Council Members Gray, Horst, Stille, and Thuesen. Absent: None Also Present: City Manager Mornson and Finance Director Roger Larson CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS: L APPROVAL OF THE SEPTEMBER 11, 2007 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Horst seconded by Councilmember Gray to approve the City Council meeting agenda of September 11, 2007 as amended. Motion carried unanimously. II. PROCLAMATIONS AND RECOGNITIONS A. Kiwanis Peanut Day, September 28, 2007 Councilmember Stille read the proclamation designating Friday, September 28, 2007 as St. Anthony Kiwanis Peanut Day. Mr. Tom Miller, Kiwanis Peanut Day Chairman, addressed the Council and provided a history of the Kiwanis Peanut Day. Mayor Faust thanked the Kiwanis for the tremendous service they provide to the community. Ill. CONSENT AGENDA A. Consider Approval of the August 28, 2007 Council Meeting Minutes B. Consider Licenses and Permits C. Claims Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent Agenda as presented. 1 City Council Regular Meeting Minutes September 11, 2007 Page 2 Motion carried unanimously. 3 IV. PUBLIC HEARINGS. 4 5 None 6 7 V. REPORTS FROM COMMISSION AND STAFF. 9 None 10 11 VI. GENERAL POLICY BUSINESS OF THE COUNCIL. 12 13 A. Ordinance 07-003 - Amending Chapter 2 of the City Code being Operations and 14 Administration. 15 16 City Manager Morrison presented Ordinance 07-003, explaining how regular City Council 17 meetings shall be scheduled should it fall on a holiday. 18 19 City Manager Morrison explained that the second and third reading for Ordinance 07-003 could 20 be waived and approve after the first reading. 21 22 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve Ordinance 23 07-003, an Ordinance amending Chapter 2 of the City Code being Operations and administration 24 and to waive the second and third ordinance readings. 25 26 Motion carried unanimously. 27 28 B. Resolution 07-066 - Approval of the 2008 Levy. 29 30 City Manager Morrison presented the City's mission statement, goals and objectives, the budget 31 calendar for 2008, and the General Fund Operating I3udget/Levy. I -Ie reported the 2008 General 32 Operating Budget reflects a dollar increase of $226,700 or 4.75 percent over the 2007 operating 33 budget. He explained the issues impacting the 2008 budget include an increase in motor fuel, 34 increased employer health insurance costs, a cost of living adjustment for City Staff, $30,000 35 added to the Police overtime budget, increased maintenance costs for City parks, equipment, and 36 vehicles and increased utility costs for City buildings. 37 38 City Manager Morrison stated the General Fund Levy for 2008 totals $2,796,900, an increase of 39 $136,100 or a 5.12 percent increase over the 2007 operating levy. He stated that as part of the 40 Financial Management Plan, changes to the levies include the pay-off of the 1997A Road 41 Improvement Bond was subtracted from the road levy, a reduction of $54,106. He reported the 42 HRA Levy was increased by $55,000, of which $25,000 went to Salo Park maintenance and 43 $30,000 was earmarked for LIRA administrative costs. 44 45 City Manager Morrison reported the Certificate of Indebtedness levy is no longer necessary. 46 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes September 11, 2007 Page 3 City Manager Morrison reported St. Anthony is exempt from holding a Truth -in -Taxation hearing. He explained the maximum inflationary levy by the State for St. Anthony is $4,242,359; the City's total levy applicable to the inflationary increase is $47,771 under the threshold. City Manager Mornson outlined the next steps in the process. Motion by Councilmember Ilorst, seconded by Stille, to approve Resolution 07-066, a Resolution Setting the City of St. Anthony Proposed 2008 Tax Levy and Budget in Compliance with the Truth in Taxation Act. Motion carried unanimously. C. Quarterly Goals Update City Manager Mornson presented the status of the City's goals and what had been accomplished since last quarter. He stated the five goals are the Reconstruction of Silver Lake Road, Develop a Feasible Broadband Plan, Review City Ordinances and request for Proposal for Re - Codification, Identify Environmental Priorities for the City, and Develop Key Financial Strategies or a Financial Management Plan. He also discussed the next steps for each goal. City Manager Mornson directed residents to call Mr. Jay Hartman at 612) 782-3314 with any questions on the under grounding of utilities. IIe stated that due to liability issues, residents are required to arrange for connection of the underground utilities at their home; however, the City would pay for this service. City Manager Mornson reported Council attends several joint meetings with the Planning Commission, the Parks Commission, and the School Board, as well as community organizations where the goals are advertised. VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Morrison reported Council approved the Johnson Control Project Contract/PDA at the August 28, 2007 meeting. I -Ie reported the kickoff meeting was held on September 10, 2007. He indicated a presentation would be made to Council in the near future. City Manager Mornson reported he and Mayor Faust met with staff from the Metro Cities Organization, also known as the Association of Metropolitan Municipalities on September 10, 2007. He stated Metro City Staff meets with the 89 cities to discuss goals and priorities. He reported transportation is big on the list. He reported they are meeting with City Chambers to solicit support for transportation funding which was vetoed by the Governor in 2006. City Manager Mornson reported labor negotiations are commencing with all three unions. He stated the Police union has reached a tentative agreement. He indicated these are typically complete by the end of the year. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes September 11, 2007 Page 4 City Manager Mornson reported staff requested departments evaluate their vendor list. He stated RFP's for banking services for 2008 would be requested. City Manager Mornson reported the Minnesota City Managers Association, the Citizens League, the State of Minnesota, and the League of Minnesota Cites elected a Civic Engagement Committee to work on the Minnesota Sesquicentennial (150 years as a state). He stated he is on a City Managers Committee that would attempt to engage more citizen involvement in the events. City Manager Mornson reported the next meeting is September 25, 2007 where several Planning Commission items such as day care usage in an industrial park, a report from the Road Reconstruction Taskforce, and an amendment to the Silver Lake Village project by Ehlers & Associates would be on the agenda. City Manager Mornson reported staff is gearing up for the third quarter automated water meter reading. He stated that out of 2300 units, 1600 are being read by the computer, with about 700 cards mailed out for residents to fill. FIe stated the intent is that the new system would be completed by the end of the year. He indicated an antenna is on the Fire Station and one is planned to be mounted on the Public Works building. Mayor Faust indicated staff should enter into the contract with Johnson Controls without preconceived ideas. He stated we should search all of the ideas out. Councilmember Thuesen reported attending the Transform 2010 Joint Venture meeting on Sept 10, 2007, where heightened awareness of an aging population and the challenges of demographic changes were discussed. He mentioned that next year the first "baby boom" generation would turn 65. He indicated this committee deals with the issues of redefining work and retirement, supporting caregivers of all ages, fostering communities for a lifetime, improving healthcare and maximizing the use of technology. Mayor Faust asked if this went hand in glove with the Vital Aging Council. Councilmember Thuesen replied it did. Councilmember Gray reported attending the meeting of North Suburban Communications and Access Corporation on September 6, 2007. Councilmember Gray reported attending the Bar -B -Q at the St. Anthony High School prior to the football game on September 7, 2007. He stated that new the inductees to the Hall of Fame were recognize. This is presented to individuals that have succeeded after graduation. Councilmember Gray reported attending the Sports Boosters meeting August 5, 2007 where six individuals that were inducted into Hall of Fame for Sports Boosters. 0 City Council Regular Meeting Minutes September 11, 2007 Page 5 Councilmember Hoist — no report. Councilmember Stille reported attending a special School Board meeting on September 4, 2007 to celebrate the success of the Open Enrollment Funding Bill that was passed. He stated legislators instrumental in spearheading this were also invited. 7 Councilmember Stille reported attending a reception at the invitation of the Sister City 8 Committee on September 6, 2007. He stated he met with six individuals from Finland who were 9 here to look at Minneapolis storm water issues. He stated it was too bad they were not to 10 visit St. Anthony. He was able to interact and share information with them on St. Anthony's 1 l efforts relative to storm water. 12 13 Councilmember Stille reported attending the Parks Commission meeting on September 10, 2007. 14 He stated Close Architecture presented alternate designs for Emerald Park to determine next 15 steps. He indicated this report would be presented to Council in the quarter. 16 17 Mayor Faust reported attending a Middle Mississippi Water Organization's Space Needs 18 meeting on August 29, 2007 to look at how a building could be done to demonstrate water 19 control and processing. He commented a location had not been selected to date; however, a 20 project manager would be responsible for finding an appropriate site. He indicated this would 21 probably be a two-year project beginning in 2008. 22 23 Mayor Faust reported attending the Metro Cities Organization meeting with City Manager 24 Morrison on September 10, 2007. He stated they found it is important to meet with the lobbyists. 25 He stated it is important that Council availed itself to legislators so they are aware Council 26 members would testify at the legislature if needed. 27 28 Mayor Faust reported attending the bi-monthly Middle Mississippi Water Management Board 29 Meeting on September 11, 2007, where the budget was adopted. He stated the budget for St. 30 Anthony stormwater reuse includes a line item of $1,250,000. FIe stated this speaks well of the 31 relationship developed between St. Anthony and the MMWO over the years. Ile explained that 32 when a City could take your backwash from water treatment plant, place it in a 500 thousand - 33 gallon tank, and use it to water the parks, a large impact is made on the environment. He 34 commented this might be a project done in 2008 in conjunction with the Silver Lake Road 35 project. 36 37 VIII. COMMUNITY FORUM 38 39 None 40 41 IX. INFORMATION AND ANNOUNCEMENTS 42 43 Mayor Faust read a letter dated August 29, 2007 from the League of Minnesota Cities, 44 recognizing the Honorable John Marty. He stated the City Sould be proud of his efforts helping 45 St. Anthony and all cities. 46 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 City Council Regular Meeting Minutes September 11, 2007 Page 6 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS None XI. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:52 p.m. Respectfully submitted, Dianna Wise TimeSaver Off :Site Secretarial, Inc. ATTEST: City Clerk Mayor Ro Saint Anthony Village DATE: September 25, 2007 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Holmlund Masonry, Minneapolis, MN Heating & Air Conditip ne License: Larson Plumbing, Andover, MN Multiple Dwelling License: Applicant: D & J Properties Location: 3721 Chandler Dr BREMER BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 220 ANOKA COUNTY WARRANTS 4360 9/12/2007 $432.00 8964 ACCLAIM BENEFITS 4362 9/26/2007 $159.85 8242 AFFILIATED COMPUTER SERV 4363 9/26/2007 $28,469.42 7252 ALBRECHT 4364 9/26/2007 $207.96 8474 ALCOPRO 4365 9/26/2007 $266.00 4779 ALCORN BEVERAGE CO, INC 4366 9/26/2007 $269.00 4014 ALLIED PAPER CO. 4367 9/26/2007 $64.00 9250 AMERICAN MESSAGING 4368 9/26/2007 $150.53 8450 ANIMAL CONTROL SERVICES, 4369 9/26/2007 $90.00 8794 ARCTIC GLACIER INC. 4370 9/26/2007 $747.85 4687 ASPEN WASTE SYSTEMS INC 4371 9/26/2007 $53.12 8511 AT&T MOBILITY 4372 9/26/2007 $68.03 320 BEISSWENGER'S 4373 9/26/2007 $5.53 4293 BELLBOY CORP. 4374 9/26/2007 $8,047.44 7168 BOYER FORD TRUCKS, INC. 4375 9/26/2007 $99.77 8711 BROADWAY PIZZA 4376 9/26/2007 $49.17 520 BRYAN ROCK PRODUCTS 4377 9/26/2007 $537.93 4231 CAPITOL BEVERAGE SALES 4378 9/26/2007 $8,964.07 8728 CARLSON TRACTOR & EQUIP. 4379 9/26/2007 $22.81 4776 CASK WINE CO 4380 9/26/2007 $2,337.05 9100 CAT & FIDDLE BEVERAGE 4381 9/26/2007 $400.14 2380 CENTERPOINT ENERGY 4382 9/26/2007 $1,452.61 4065 CENTRAL LOCK & SAFE CO 4383 9/26/2007 $86.22 9362 CENTRAL WOOD PRODUCTS 4384 9/26/2007 $7.00 4080 CHISAGO LAKES DIST. CO., 4385 9/26/2007 $1,985.04 9056 CITY OF ROSEVILLE 4386 9/26/2007 $5,593.91 8577 CITY OF ST. PAUL 4387 9/26/2007 $191.50 4095 COCA COLA BOTTLING COMPA 4388 9/26/2007 $1,355.50 9485 CONCEPT FINANCIAL GROUP, 4389 9/26/2007 $41.11 8736 CREATIVE FORMS & CONCEPT 4390 9/26/2007 $464.68 9224 CUMMINS NPOWER, LLC 4391 9/26/2007 $36.55 9174 DAY DISTRIBUTING CO 4392 9/26/2007 $240.00 8219 DEX MEDIA EAST 4393 9/26/2007 $218.87 807 DIAMOND VOGEL PAINTS 4394 9/26/2007 $83.39 1411 DON HARSTAD CO., INC. 4395 9/26/2007 $1,595.90 8604 EMERGENCY APPARATUS 4396 9/26/2007 $178.37 8697 EXTREME BEVERAGE 4397 9/26/2007 $416.00 .0001 FOSTER & BREVER 4398 9/26/2007 $130.00 8647 FRATTALLONE'S HARDWARE 4399 9/26/2007 $19.54 9236 FSH COMMUNICATIONS 4400 9/26/2007 $63.90 1030 G & K SERVICES INC 4401 9/26/2007 $720.40 9501 GEMPLER'S 4402 9/26/2007 $65.40 4172 GRAPE BEGINNINGS, INC. 4403 9/26/2007 $1,675.00 4175 GRIGGS COOPER & CO INC 4404 9/26/2007 $32,725.14 8221 HEDBACK, ARENDT, KOHL 4405 9/26/2007 $5,000.00 8944 HENN CNTY INFO TECH DEPT 4406 9/26/2007 $3,050.65 8376 HENNEPIN CNTY SHERIFF'S 4407 9/26/2007 $807.32 9160 HEWLITT PACKARD COMPANY 4408 9/26/2007 $791.00 4207 HOHENSTEIN'S, INC 4409 9/26/2007 $4,495.80 9335 HUMANADENTAL 4410 9/26/2007 $39.79 BREMER BANK ST. ANTHONY VILLAGE 9 CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 8438 INSIGNIA SYSTEMS, INC. 4411 9/26/2007 $939.28 8658 INSTRUMENTAL RESEARCH, 1 4412 9/26/2007 $125.50 8707 J. SPANJERS CO., INC. 4413 9/26/2007 $576.00 9048 JEFFERSON FIRE & SAFETY, 4414 9/26/2007 $38.36 4125 JJ TAYLOR DISTRIBUTING 4415 9/26/2007 $21,034.71 4220 JOHNSON BROTHERS LIQUOR 4416 9/26/2007 $42,737.50 9351 LANGUAGE LINE SERVICES 4417 9/26/2007 $13.46 8434 LEAGUE OF MINNESOTA CITI 4418 9/26/2007 $6,491.00 9112 LEAGUE OF MINNESOTA CITI 4419 9/26/2007 $20.00 2040 LILLIE SUBURBAN NEWSPAPE 4420 9/26/2007 $275.00 8229 LOFFLER BUSINESS SYSTEMS 4421 9/26/2007 $502.77 9114 M. AMUNDSON LLP 4422 9/26/2007 $2,135.19 4265 MARK VII SALES INC 4423 9/26/2007 $17,410.32 2160 MARSHALL CONCRETE PROD 4424 9/26/2007 $1,319.14 2850 MEDICA CHOICE 4425 9/26/2007 $4,424.09 8467 MIDWAY FORD 4426 9/26/2007 $150.00 2280 MIDWEST ASPHALT CORP 4427 9/26/2007 $25.00 8850 MINNESOTA HIGHWAY SAFETY 4428 9/26/2007 $415.00 8269 MINNESOTA SHREDDING LLC 4429 9/26/2007 $60.00 9195 MISTER CAR WASH 4430 9/26/2007 $195.16 8905 MN DEPT OF LABOR & INDUS 4431 9/26/2007 $20.00 4299 MPLS. OXYGEN CO. 4432 9/26/2007 $27.01 9106 MT GLOBAL 4433 9/26/2007 $1,924.00 2395 MTI DISTRIBUTING, INC 4434 9/26/2007 $345.06 5253 NEW BRIGHTON DEPARTMENT 4435 9/26/2007 $400.00 8883 NEW FRANCE WINE COMPANY 4436 9/26/2007 $988.50 8946 NEXT DAY GOURMET 4437 9/26/2007 $969.26 5294 NORSK CONCRETE CONST 4438 9/26/2007 $1,548.00 9266 NORTHERN WATER WORKS SUP 4439 9/26/2007 $224.30 45 OFFICE DEPOT 4440 9/26/2007 $1,358.68 5168 OHL/JOHN 4441 9/26/2007 $39.39 1230 ONE CALL CONCEPTS, INC. 4442 9/26/2007 $352.35 9275 PAT KERNS WINE MERCHANTS 4443 9/26/2007 $584.00 4354 PAUSTIS & SONS 4444 9/26/2007 $3,517.25 4360 PHILLIPS WINE & SPIRITS 4445 9/26/2007 $53,960.66 4161 PREMIUM WATERS, INC 4446 9/26/2007 $30.00 9180 PROFESSIONAL TURF & RENO 4447 9/26/2007 $2,875.50 9500 QUALIFICATION TARGETS, 1 4448 9/26/2007 $119.41 4385 QUALITY WINE CO 4449 9/26/2007 $34,250.18 4492 QWEST 4450 9/26/2007 $689.28 8543 SCHARBER & SONS, INC. 4451 9/26/2007 $146.50 9127 SIMPLEXGRINNELL 4452 9/26/2007 $437.72 8983 SOULO DESIGN, INC 4453 9/26/2007 $359.50 9072 SPECIALTY WINES & BEV. L 4454 9/26/2007 $82.00 1810 ST. ANTHONY VILLAGE KIWA 4455 9/26/2007 $140.00 2420 STAR TRIBUNE 4456 9/26/2007 $446.16 3490 STREICHER'S 4457 9/26/2007 $598.08 4780 SURLY BREWING CO 4458 9/26/2007 $682.00 9296 T -MOBILE 4459 9/26/2007 $239.92 9153 USA MOBILITY, INC. 4460 9/26/2007 $21.84 8227 VERIZON WIRELESS 4461 9/26/2007 $134.34 BREMER BANK ST. ANTHONY VILLAGE 10 CHECK REGISTER VENDOR # 4451 4494 8316 8310 PAYEE VINOCOPIA WASTE MANAGEMENT - BLAIN WINE COMPANY/THE WINE MERCHANTS INC 9042 WORKFLOW ONE 4499 WORLD CLASS WINES, INC 2680 XCEL ENERGY 830 ZEE MEDICAL SERVICE CHECK # DATE AMOUNT 4462 9/26/2007 $418.00 4463 9/26/2007 $508.16 4464 9/26/2007 $2,024.45 4465 9/26/2007 $3,515.06 4466 9/26/2007 $139.58 4467 9/26/2007 $1,136.08 4468 9/26/2007 $12,920.94 4469 9/26/2007 $42.90 TOTAL $342,075.80 STAFF REPORT To: Mayor and City Council Mike Mornson, City Manager From: Kim Moore -Sykes, Assistant City Manager Date: September 25, 2007 Subject: Text Amendment to the Zoning Code Allowing Daycare Centers as Permitted Conditional Uses in Industrial Zoning District Requested Action: City Council Consideration of the Proposed Text Amendment to the Zoning Ordinance, Chapter 16 of the City Code to allow daycare centers in the LI Zoning District as a conditional use and requiring a Conditional Use Permit. Date Application Received: August 21, 2007 Property Address: 2812 Anthony Lane South Zoning District: LI 60 -Day Expires: October 22, 2007 Waiver Letter Required: N/A Yes Date Sent; No Future Action: Council Action, September 25, 2007 Council Meeting Background. Prospective buyers of 2812 Anthony Lane South have requested a text amendment to the City's Zoning Ordinance to allow daycares as conditional use in the Industrial Zoning District. The applicants presented the proposed text amendment to the Planning Commission in a concept review at the August 21, 2007 and then again at a public hearing at the September 18`' Planning Commission meeting. Staff sent the proposed text amendment to the City Attorney for his review and comments. Attached is the language for the proposed text amendment as suggested by the City Attorney. It is his recommendation that the City should only consider the use that the applicant has an interest in for inclusion in the Industrial Zoning District; other uses should be considered by the Planning Commission and City Council on a case by case basis. Application Review: The applicant has followed the procedure for applying for a text amendment as outlined in Section 100.04 Amendments and Additions. Generally, Section 100.04 states that a minor change to the Zoning Code requires only one reading and a majority of votes to approve text changes. If the proposed language revisions significantly change all or part of an existing classification of a zoning district, then the text amendment will require a four-fifths majority vote of all members of the Council. Staff is of the opinion that this tent amendment constitutes a minor change to the Zoning Ordinance. Upon the conclusion of the public hearing at their September 18'h meeting, the Planning Commission unanimously approved a motion to recommend approval of the text amendment to the City Council that would allow daycare centers to be a permitted conditional use in the Industrial zoning district. 091807 Text Amendment Council review 12 Staff received no calls or emails opposing this text amendment. Attachments: • Ordinance 07-004 Amending Chapter 16 of the City Code to allow Daycare Centers as a Conditional Use to the LI Zoning District, Site Plan as provided by the Applicant prior to the Public Hearing Letter dater September 18, 2007 RE: Premier Gateway, LLC partnership 091807 Text Amendment Council review CITY OF ST. ANTHONY Ordinance 07-004 AN ORDINANCE, AMENDING CHAPTER 16 OP THE CITY CODE BEING ZONING AND LAND USE 1640.03 Permitted Conditional Uses. The following uses are permitted in an LI District only by a conditional use permit issued by the Council: Q) Day-care Center without drive-through facilities. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: September 25, 2007 Second Reading: Adopted: A'T'TEST: City Clerk Publish: Mayor 13 sAsc 3 9'! nJb �6\ \ � 909nc b \ yon'/ 1 2 \ \ 1 2� \ ��1N .. B. � 10 REIAAIN ,a m 1 \--S ALIKCPGR EAOSS 1 GSA% 1 PLAY AREA \1 5.531 ST. fENCC ARWND PLAY AREA TA�� TOTAL auaOwG SY 39,'13) SF. TOTAL STALLS PROVIDED = G9 S]PLLS NORTH i SITE PLAN N' SCALE: f = 30-6-- a 14 / �� •`JS 1 _ _ _ _'�,I % PLnY nftEn�/ o 5.5]1 $F N 29'-I o I I-� o C%1511NC DRIVE TO RCAINN—All 33000 589'S0'15'W .� fENCC ARWND PLAY AREA TA�� TOTAL auaOwG SY 39,'13) SF. TOTAL STALLS PROVIDED = G9 S]PLLS NORTH i SITE PLAN N' SCALE: f = 30-6-- a 14 15 POSTER & BREVER, PLLC ATTORNEYS AT LAW Robert J. Foster 2855 Anthony Lane, Suite 200 Thomas E. Brever St. Anthony, MN 55418 Eric B. Brever (V) 612-436-3290 (F) 612-788-9879 Email: rfoster@fosterbrever.com Legal Assistant: DeAnne - 612-436-3297 September 18, 2007 VIA EMAIL: lapooreraki.saint-anthou .ny. run. Lis TO: Ms. Kim Moore Sykes FROM: Robert J. Foster RE: Premier Gateway, LLC Dear Kim: Premier Gateway, LLC is a Minnesota limited liability company that will be owned as follows: A. Thomas E. Brever 20% B. Carol Arens 20% C. Robert J. Poster 20% D. Rodney A. Lee 20% E. Joseph A. Wentzell 20% Sincerely yours, Robert J. Foster RJF:dk EHLERS16 LEADERS IN PUBLIC FINANCE OTo: Mike Mornson — City Manager 2 From: Stacie Kvilvang — Associate Financial Advisor UJDate: September 25, 2007 Subject: Sixth Amendment to Development Agreement With Apache Redevelopment LLC On November 14, 2006, the City approved a 5°i Amendment to the Redevelopment Contract with Apache Redevelopment LLC. This amendment provided for two things: 1. It extended the dates to commence construction of the residential condo buildings by one year to September 1, 2007 for building 43 and September 1, 2008 for building 44; and 2. It split the TIF PAYG Note into two notes (separate Note for each building) The developer is working with their lender on the financing package for building #3 and anticipates beginning construction by the summer of 2008. In addition, they anticipate beginning construction on building #4 by the summer of 2009. Based upon this new schedule, the developer has requested that the dates approved as part of the 5°i Amendment be changed to September 1, 2008 for building #3 and September 1, 2009 for Building #4 (1 year delay). Due to the increased value we are seeing at the project (higher sales prices than originally projected), this additional one year delay will not jeopardize or decrease the amount of TIF that will be needed to satisfy the required PAYG TIF Notes pursuant to the original Development Agreement ($3,432,758). Please contact me at 651-697-8506 with any questions. cc: File LEADERS IN PUBLIC FINANCE 306o Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555 Roseville, MN 5S"3-1105 skvilvang@ehlers-inc.com 17 SIXTH AMENDMENT TO REDEVELOPMENT AGREEMENT IIY ANI) AMONG THE CITY OF SAINT ANTHONY, MINNESOTA, THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND APACHE REDEVELOPMENT, LLC 2007 SIXTH AMENDMENT TO REDEVELOPMENT AGREEMENT THIS SIXTH AMENDMENT TO REDEVELOPMENT AGREEMENT ("Sixth Amendment') is made and entered into this day of _ 2007, by and between the CITY OP SAINT ANTHONY, MINNESOTA, a Minnesota statutory city (the "City"), the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority"), and APACHE REDEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). RECITALS WHEREAS, the Developer, the City and the Authority have previously entered into a Redevelopment Agreement dated as of December 19, 2003, as amended to date (the "Redevelopment Agreement") and the capitalized terms used in this Sixth Amendment shall have the meaning given them in the Redevelopment Agreement; WHEREAS, pursuant to the Redevelopment Agreement, the Developer agreed to develop a Development located in the Project Area in multiple Phases or idennents, including the Phase I13 For Sale Housing Development or Element consisting of an initial 128 units of for sale housing, subject to Final Plans to be approved by the City; WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Fifth Amendment to Redevelopment Agreement dated November 11, 2006 (the "Fifth Amendment')), the Developer agreed to commence construction of the Phase 113-1 For Sale Housing Development by September 1, 2007, and the Developer has failed to do so; WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Fifth Amendment), the Developer agreed to commence construction of the Phase 113-2 For Sale Housing Development by September 1, 2008; and WHEREAS, due to current market conditions and financing requirements, the Developer has requested that Section 10.1 of the Redevelopment Agreement be amended to require construction to commence on Phase I13-1 by September 1, 2008, and on Phase 113-2 by September 1, 2009. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 10.1 of the Redevelopment Agreement is hereby amended to read as follows Section 10.1 Development Timeline. Subject to Unavoidable Delays, failure to commence construction on a Development Phase or Element in accordance with the following dates shall be an Event of Default. The Applicable Developers have indicated the desired dates are their reasonable estimates at the time of entry into the Agreement of their expected date of commencement. 19 L;xcept as herein amended, other terms and provisions of the Redevelopment Agreement shall remain in full force and effect. IN WITNESS WHEREOh, the City, the Authority and Developer have caused this Second Amendment to Redevelopment Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. CITY OF SAINT ANTHONY, MINNESOTA VA Its Mayor By Its City Manager Phase Desired Date Default Date (a) Commence Construction of Commercial Development Spring 2004 June 1, 2005 (b) Comnnence Construction of Rental Development Fall 2004 July 1, 2005 (c) Commence Construction of Phase IA For Sale Development Summer or Fall 2004 July 1, 2005 (d) Commence Construction of Phase I13 -I For Sale Housing Element Summer 2008 September 1, 2008 (e) Commence Consuuetion of Phase I13-2 For Sale Housing Element Summer 2009 September 1, 2009 (f) Conmenee Construction of Phase IIA (Senior) Housing Summer 2007 September 1, 2007 (g) Commence Coustructiou of phase IDS For Sale Housing Developnneut Summer or Fall 2005 July 1, 2006 (h) Commence Construction of Phase IIC Rousing Development Fall 2006 July 1, 2007 L;xcept as herein amended, other terms and provisions of the Redevelopment Agreement shall remain in full force and effect. IN WITNESS WHEREOh, the City, the Authority and Developer have caused this Second Amendment to Redevelopment Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. CITY OF SAINT ANTHONY, MINNESOTA VA Its Mayor By Its City Manager HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA By By Its Chair/Commissioner Its P:xecutive Director 0 21 APACHE REDEVELOPMENT, LLC a Minnesota limited liability company By Its Chief Manager 22 CITY OF ST. ANTHONY RESOLUTION NO. 07-067 RESOLUTION RELATING TO A SIXTH AMENDMENT TO A REDEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF SAINT ANTHONY, MINNESOTA, THE IIOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND APACHE REDEVELOPMENT, LLC (THE "DEVELOPER"), DATED DECEMBER 19, 2003. WIIEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and Redevelopment Authority (the "Authority") entered into the referenced agreement regarding an area located in the northwest portion of the City (the "Agreement"); and WI IEREAS, pursuant to the Agreement, the Developer agreed to develop a development in multiple Phases or Elements, including the Phase IB For Sale Housing Development or Element consisting of an initial 128 units of for sate housing, subject to final plans to be approved by the City; and WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Fifth Amendment to Redevelopment Agreement dated November 11, 2006 (the "Fifth Amendment')), the Developer agreed to commence construction of the Phase IB -1 For Sale Housing Development by September 1, 2007, and the Developer has failed to do so; and WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Fifth Amendment), the Developer agreed to commence construction of the Phase IB -2 For Sale Housing Development by September 1, 2008; and WHEREAS, due to current market conditions and financing requirements, the Developer has requested that Section 10.1 of the Redevelopment Agreement be amended to require construction to commence on Phase IB -1 by September 1, 2008, and on Phase 1I3-2 by September 1, 2009; and WHEREAS, a Sixth Amendment to the Agreement has been prepared to address these issues. NOW, THEREFORE, BE IT RESOLVED, by the City of St. Anthony, Minnesota as follows: That the Mayor and City Manager are authorized to enter into a Sixth Amendment to Redevelopment Agreement by and among the City of Saint Anthony, Minnesota, the Housing and Redevelopment Authority of the City of Saint Anthony, Minnesota, and Apache Redevelopment, LLC. Adopted this 25`x' day of September, 2007 1. ATTEST: City Clerk Review for Administration: Mayor City Manager 23 FUTURE COUNCIL AGENDA ITEMS as of September 19, 2007 Meeting Date Meeting Type Staff Items/Issues October 9 Regular Asst. City Mgr. Review of Single Sort Ordinance/Single Garbage Hauler proposed new ordinance regarding single sort recycling first reading Approval of Election Judges October 23 Regular Planning Commission items from October 16 Ordinance on Single Sort Recycling - Second Reading October 30 Special November 13 Regular Canvass Election Results Ordinance on Single Sort Recycling - Final Reading City Engineer City Engineer Update/Road Reconstruction Task Force presentation November 27 Regular Planning Commission items from November 20 December 11 Regular Approve 2008 Levy Approve Union Contracts September 2007 Monthly Planner WednesdaySunday Monday Tuesday Saturday `r Aug 2007 W2007 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 1011 7 8 9 10 11 12 13 12 13 14 15 16 17 IS 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 2 3 4 5 6 7 8 Labor [lay Offices Closed 9 10 11 12 13 14 15 Council Meeting 7 pm 16 17 18 19 20 21 22 Road Recon Task Force Planning Meeting 7 pm Commission meeting 7 pm 23 24 25 26 27 28 29 Council meeting 7 pm 30 Printed by Calendar Creator for Windows on 911912007 October 2007 Monthly Planner t-nntea oy c;wenaar creator Tor vwnaows on uri uuuur Monday Tuesday WednesdaySunday .. 1 2 3 4 S 6 7 8 9 10 11 12 13 Columbus Day Council Meeting Fire Station Holiday 7 pm Open House 6 Observed pm 14 15 16 17 18 19 20 Road Reconstruction planning Commission Task Force Meeting meeting 7 pm 21 22 23 24 25 26 27 City Council Meeting 7 pm 28 29 30 31 Sep 2007 Nov 2007 Joint Meeting S M 't W T F S S M T W T F S 1 1 2 3 with School Board 2 3 4 5 6 7 8 4 5 6 7 8 9 10 Worksession 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 30 t-nntea oy c;wenaar creator Tor vwnaows on uri uuuur �uo (Dm o -Tj cn c Z m 2 O �O (n D �• r m D n r n �O m 3 �o o r a fA o 3 m COz -A u LIA MI N T ZOO (3) (n A W N N N n (D (DN O (_ (�D <_ < N • _ _ (D O S D (D N 90 G OCD ZT 0 oN O o c 3 ch 6 w ,7 7 0 0 Q v — o ,o 3 o S ('D i o (h W� m� a (D c -.O.(D 3 o N 00 n O O 3 CD 7 (D C (D v , O 7 (n (A o �. (D o m a o v, N 0 r u C/) -C/) U) Cl) U) D D D D D D o• CD c v0 3 Q c N (D D S S + N (D • n w • s Q ly i a 9 m Z 1 W w Q tU 0 (D W 0 0 LH 1-6 W N --� — c o< m m a Na • CD `o c D(D 0 0 c (D' (�j D o v N :E o 0D CD 00 ((Do'co 1 ro o< O o o O O .O -t _ O Q O -n o < n 00 N o O _ Ci A7 O N C) O (D CD (D n. am y o (D o O c 0 ((D 0 � 0 m � N 0 ,+-- O N N ctl Q = Q w v (D M v • , Cf) Cf) W n W co C [n CO I Cf)c) cl) W - c WSW -Cf) QJ n U) W Cl) cf) = Cl) i Z • O<' DCj "0 E N ' 6w D'< Q0 O CO OO CD N O CD O — • b � 7 O. _. cc 000 • S 3 3 O N. N. N N O O 7 7 w Q tU 0 (D W 0 0 LH 1-6 00 J 0) cn .P W N C O 0 X D 0< ff (�D <. NU (Qp N 0 7r O N Ill < ,Z7 C) (D 00 'O O O C_ 7 o -. O 00 N (<D (D IO O N CD N v m°m m ° a m ° m <A o m 'a m o o is 3_ o `z N ° w : ' ° c ° - o_. O U) o S _' S 3 3 O O (D -• O O O O N C a0 N O O G) <'O N 3 O N'' N N N •'�' O �• <� O {U O N C ? (D 7 < o m a m<' 0 3° O CO (D 0 O w C ° N o - i � o (D m O N N ° O W N Q N Q N (D N (D .C.w ? ' S �' (p < < N 7 S (D (D 0 o o o ��3 N Q o ° N N nci = v (D o N v _ 0 N Qo • , 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 • 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 , Do L 2 L L L L L L L L L L L L L L • —i —I -i —I —I —I —i —i —I —1 —I —I —I —I N • • • , Ch • fl—it —1 — U) Q O D r N 7 0- -u m 0 (D co Z (D 0 0 m m Z LAI �m cn N (D ■ o a � o m m J 3 (D (D N I�rW .art �192N co O J O O H W_LL a m m m y M ZOOn �T' o o m 5 • < m (D 0) (D m (D < w o 0 m n o D o w o w < o -4 D 00 m >>mm n m g a T.n (D 0 � ° 0 0 a v O O (D n (D TI 0 N n a m— —v m p r CL C/)v m n m m a °— _ (D o C/) m v o w (D z m W (D m N (D ■ o a � o m m J 3 (D (D N I�rW .art �192N co O J O O H W_LL a m m m y M ZOOn INVESTMENT PORTFOLIO: 08/31/07 4/M GENERAL .JULme9 DMg MOW,, $215,000 BE COMMERCIAL PAPER 5.365% 04120/07 10/17/07 $209.560.50 $563,000 BE COMMERCIAL PAPER 5.262% 05/10107 00/17/07 5553,269.48 $216,000 COOPERATIVE TRACTORICOMM PAPER 5.250% 07/18/07 11/14107 $212424.50 $1,754,053,15 $ 100.000 FEDERAL HOME LOAN MORTGAGE GNMA POOL 23364 9.00% 09101178 00115108 $122.16 400-7,00% GNMA POOL 23356 9.00% 11101178 11115108 $175.44 $100.000 BANK OF BARODAY NEW YORK CID 5.250°% 06/01107 09104107 5100.000 00 $100,000 WASHINGTON MUTUAL BANK NEVADA CID 5200% 06108/07 09106107 $100,000.00 $243,000 GENERAL ELECTRIC COMM PAPER 5.271% 06/04107 10102107 $230.866.90 S218.000 GENERAL ELECTRIC COMM PAPER 5.300% 0&07107 11/05107 $211,371.81 $614.000 GENERAL ELECTRIC COMM PAPER 5.266% 09107/07 12105007 $803,518.84 5100.000 FNMA MEDIUM TERM NOTE 6.00% 07126102 0712542 $100,000.00 $100.000 FNMA MEDIUM TERM NOTE 5.00% 03124104 04101/20 5100,000.00 5100,000 FEDERAL HOME LOAN MORTGAGE 600% 8.00% 11125105 11115120 $100,00000 5100,000 FNMA MEDIUM TERM NOTE 6.207% 11110105 10127125 5100,000.00 $104000 FNMA MEDIUM TERM NOTE 6.207°% 11118105 10127/25 $100,00000 $1,754,053,15 $ 100.000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/26104 04123114 $100.000.00 $ 100.000 FEDERAL NATIONAL MORTGAGE ASSOCIATIONISTEP-UP 400-7,00% 09115104 00115/14 $100,000.00 5 100,000 FEDERAL NATIONAL MORTGAGE ASSOCIATIONISTEP UP 5.00-7.00% 00118104 09116/16 $10000000 $200.000 FEDERAL NATIONAL MORTGAGE CORP 5.00% 01120/05 10110113 5200,00000 S 130,000 FEDERAL HOME LOAN BANK 5.50% 01131105 04/12/19 S130,00000 $ 100000 FEDERAL HOME LOAN BANK ,STEPUP 4.507.00% 02/20105 02/17/17 $100.000.00 510,000 FEDERAL HOME LOAN BANK - STEPUP 41257.50°% 0510VOS 10/07116 5100.000.00 S 125,000 FEDERAL HOME LOAN BANK - STEPUP 5008.00% 11/10/05 11/10115 5125.00000 S 75.000- COWLITZ BANK LONGVIEW - CIO 5200% 03/15/07 09115107 $75.00000 $ 00,000 FED HOME LOAN MTG ZERO COUPON 6.050% 02/11105 W123133 $17147340 $50,000 FNMA MEDIUM TERM NOTE 5.54% 03119/04 03111/19 $1,201,473.40 PAIN RAUSCHER - HONEYWELL 0.25% 071OVO4 05/25/29 $100.000.00 $100,000 LABELLE BANK -ZERO COUPON BOND 8.25% 02/19/03 02/19123 $29.17000 $100,000 STANDARD FEDERAL -ZERO COUPON BOND 6.25% 02119/03 02/19123 $20.170.00 $10,000 LASELLE BANK - ZERO COUPON BOND 6.10% 03/30/05 03130125 S3D.041,97 $100,000 STANDARD FEDERAL ZERO COUPON BOND 8.10% 03/30/05 03130125 $30041.97 $ 20,0001NDYMAC BANK PASADENA CID 5.500% 00/24107 11126107 52,000.00 $ 05,000 CITIZENS NATIONAL BANK CID 5750% 05123107 07/20/11 595,000.00 $15,000 FEDERAL HOME LOAN MORTGAGE 5.50% 03115104 12/15/15 $15,000.00 5100000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/23/04 07/09/18 504250.00 $100,000 FEDERAL HOME LOAN MORTGAGE 5.04% 04123/04 06/8110 $94,52500 $100000 FED NATIONAL MORTGAGE ASSOCIATION 000% 07127/04 02/12124 $100.00000 $17%000 FEDERAL HOME LOAN MORTGAGE 800% 11/05/05 11,08130 $10000000 595.000 FEDERAL HOME LOAN MORTGAGE 625% 02/07/06 12/15121 $95.000.00 $ 12,000 FEDERAL HOME LOAN MORTGAGE 8.25% 02/07/08 12/15121 $12,000.00 $100.000 FED NATIONAL MORTGAGE ASSOCIATION 8.265% 0310710 OVN126 $99,822.41 $100.000 FED NATIONAL MORTGAGE ASSOCIATION 6365% 031071M ON0/26 $99,82241 $ SOOOO FEDERAL HOME LOAN MORTGAGE 610% 0&27107 01/15122 549,984.38 $993,92814 DEAN WITTER $520.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24102 09/15118 $199.47700 $148.000 BE COMMERCIAL PAPER 5.150% 0,09107 08107107 $146,72964 $00,000 DISCOVER BANK GREENWOOD CIO 5.30% OW14107 05/14/08 560.000.00 $100,000 MIDFIRST BANK OKLAHOMA CID 5.50% 08114107 12114112 $100.000.00 $50,000 BANCO SANTANDER CID 550% 07/18/07 11,29/12 $50,00000 $200.000 FED HOME LOAN BANK MED TERM NOTE 5878% 08/27/02 10125116 $200.000.00 $100.000 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26102 10122127 $100.00900 $200.000 FNMA MEDIUM TERM NOTE 5.00% 03/10104 09112113 $200,000.00 $200.000 FNMA MEDIUM TERM NOTE 5.00% 03110104 03119114 $200,00.00 $50,000 FNMA MEDIUM TERM NOTE 5.54% 03119/04 03111/19 $60,000.00 $109000 FED NATIONAL MORTGAGE ASSOCIATION 0.25% 071OVO4 05/25/29 $100.000.00 $100.000 FED NATIONAL MORTGAGE ASSOCIATION 565% 11117/04 10/26119 $100.000.00 510,00 FED NATIONAL MORTGAGE ASSOCIATION 565% 01120105 10/28119 5100,000.00 $200.000 FED NATIONAL MORTGAGE ASSOCIATION 5.33% 08/14/05 02125115 $200.00000 $100.00 FED NATIONAL MORTGAGE ASSOCIATION 4.250835% 08121/05 04113115 $100,125,00 $100,00 FED HOME LOAN BANK 4.125% 0&25105 00009108 $100,00.00 $100.000 FED HOME LOAN BANK 6250% 06,26005 0/09/08 $100.000.00 $100,000 FED HOME LOAN BANK 475% 08129/05 10119/10 $10,0000 $100,000 FED HOME LOAN BANK 515% 09101/05 02/17/15 $100,00000 $9800 FED NATIONAL MORTGAGE ASSOCIATION 533% 11030/05 04/04/13 $90.00000 $199.904 FED HOME LOAN BANK MED TERM NOTE 5325% 10/11/05 11119112 $199.903.85 ................................ $2.604,235.49 DAIN RAUCHER -INE6 $50,00D- COUNTRYWIDE BANK CERT OF DEPOSIT 5.10% 09121008 09021007 $5900.00 $200,000 -FNMA 9334 PIG 724% 04120003 03/2543 $4]7687 $100.000 - FHLMC MEDIUM TERM NOTE - STEPUP 400-6.50% 03/10/04 04/12/19 $100,000.00 5175,00-FNMACOUPON 5520% 5.520% 03/30/04 04/12119 $175,0000 S20,00 FNMACOUPON STEPUP 4.008.00% 03/01104 02/10112 $200.00.00 $10,000- BANCOOSANTANDER- STEPUP SAW% 08117/05 02/11011 $100,000.00 $820770.87 TOTAL BOOK VALUE 58150.72153 Tima9/11/2007 MONTHLY INVESTMENT REPORT AUGUST 2007INVESTI u d Y J 0 0 o c o o o 0 0 o o y 0 O O O O O N O O O O N n M00i M O.M--ON It LO L6 06 h O V N M N D. w O I� (D OW (00 M r` (O NOMN O o aO ` co N V W N 0)00r ,MON I- N(D -76 It M NICO (D f9 O V N W C N O f9 to (A fA (V HY fA Y C Y L O 6 M Ui 69 w vi M N ° > a` v O d a o o 0o m 000 (n o00 E m ao wCO CU N 0) O (D N W Z c X' Z � S M O 01 p (OD N N V 0 O V N 00 N M Q Q (D - OM m N Vd N OQ 0�0 M M a a) o QZ- �i fA lfl Vi fA O oo fA to O�Q Oo ui O O o O O O o O O O o 0 0 U O 000 O 000 N O CO O co n 16 � M O.M--ON It LO L6 06 h O V N M N D. w O I� (D O M V' (D M r` (O f� O o aO (O � f� N V W N 0)00r ,MON I- V -76 It M 00 (D f9 O M W O It W O (D (V m fA Y C M M M S N� M Ui 69 w o O O O o O O O o Cl) O O O O O O O (� 0 d0 0 0 U O O O I V M N O W V", O co I 16 � o0 @ N It LO L6 06 h VT N Vl tri N N Y, a o 0 0 0 0 0 0 0 o 0 o 0 0 0 d0 0 0 U O O O O O O M O O O D O O O 16 � o0 @ N L6 6 V LO L6 06 h O O1 NV N N D. w O I� M O M V' (D M r` (O f� O o aO 00 M N N N V W N 0)00r ,MON Y M -76 N A V 0 N M W O It W O (D (V Y C tO N� NM EH Ui 69 w vi M N Vi U) E m ao wCO CU N 0) CU O O W Z c X' Z Z C w W p N d Q Q (D - 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(MD O ((D fl C 0_ W co M Cl) N lO (D (A (D O .•+ V M O O 0 (v w N O LO (O d d d 07 � N N d a O J � c > c O c N o > a 0. G O N o (n d m n O N d d G OF- O O N C d N O U co U vi d L w> d- m '> aci d ~ c N C G o l0 > Ul (n ) N N d N _ O O c .� d c Q m ¢ °- m a « 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O o �aiai4 o(o ao.=o o 000 to VM 't 0 M N N N N N Q C? q!a0 a�p} a1 V N h h h h h LL r�CLl �Cn O 0 u)NO w 0 LO 0 (D(D fA 6F3 fArr NNN N N NN 69 69 69 ff3 €fl EA 69 f9 ff3 O O O O O O O O I 0 0 0 0 C:, 0 0 0 0 0 0 0 0 0 lY9 41 V N (D a1 to h N O O C] J op M O (D a1 -. (n (C) CE3 69 M 0[1 (n M M (D 6 ti' i� 41'Lr) NheDhO_0 ?!0 ,1 64 69 64 69 69 � 69 6% L a. o o O O Ob 0O 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O 0 a ()ODITotiti(�� poop Y C) W "' 00 ico) 69 69 L1 @0 Lit w -O(DO r 0 d� &,16 6 N N r N 1 69 69 69 4A tf3 Ff3 EA 0 a N a� @ 3 L (Q Cil .Q E E C Q ` 03 Q C T (T. yCL 9 -iLL�<c Co -)n¢ in0z0 000000000000 00 0 000000000 cp O m h M It N h 00 h h M r Lo N w (n to h .i�I. M Cl 06 IC -C1 O V h V OONNM(A OM 9 M0 �NIt t -W N(D C> '1 0n M0 Cog, 6c) 613,V3 r N N N N M V 69 V3 E9 69 69 69 (A 64 U) 0 0 0 0 0 00 0 0 0 0 0 { Y 0 0 0 0 0 0 0 0 0 0 0 0 A 81 I h o0 LO CN (D CD (D a) CO to 1- V Li.❑ 69 fA CR 69 N3 69 4H 69 64 fR M 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 d h (Ci ap Ln ti (Li d O Ui w V" Y l)1 D1 N (P N h r (D I`- V Cl)S O I^ •, 7@I Q0 N N D7 a1 N N V �+ @O�Nr tihMLO CnN N f100 a wU') U9, 6s w 64(S a N @ r u1 E N pp77 C T O Q .O ? U LL 2 Q� 9 Q 050 z 0 O O � h r r (93 0 0 O 0 O in M O 06 w e @ E CL .5 zs w "C1 C4 c �- :3 n LL (4 m � d CO s 0 (7 N 01 C .d E LL h O O N 00It © o C4 N 00 XCT VO 64 O O rff3 CVS N 0 0 O 0 O in M O 06 w e @ E CL .5 zs w "C1 C4 c �- :3 n LL (4 m � d CO s 0 (7 N 01 C .d E LL h O O N HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY September 25, 2007 Call to Order. Roll Call. I. Approval of September 25, 2007, H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve September 11, 2007, H.R.A. Minutes. (pp.1 - 2) B. Claims. (p. 3) III. Public Hearings. IV. General Policy of Business of the H.R.A. A. Resolution 07-011; Sixth Amendment to the Development Agreement for Silver Lake Village. Stacie Kvilvang, Ehlers & Associates, presenting. (pp. 4 - 7) V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. ZACouncil I+ �eetings12007\092507MA Agendapg#.doc 1 1 CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 3 SEPTEMBER 11, 2007 4 5 6 CALL TO ORDER. 7 Chair Faust called the meeting to order at 7:53 p.m. 8 9 ROLL CALL. 10 Commissioners present: Chair Faust; Commissioners Gray, Horst, Stille, and Thuesen. 11 Commissioners absent: None 12 Also present: Executive Director Michael Mornson 13 14 15 I. APPROVAL OF SEPTEMBER 11, 2007 H.R.A. AGENDA. 16 17 Motion by Commissioner Thuesen, seconded by Commissioner Gray, to approve the September, 18 2007 Housing and Redevelopment Authority Agenda as presented. 19 20 Motion carried unanimously 21 22 II. CONSENT AGENDA. 23 24 A. Approve the August 28, 2007, II.R.A. Minutes. 25 B. Claims 26 27 Motion by Commissioner Stille, seconded by Commissioner Horst, to approve the September 11, 28 2007 Consent Agenda as presented. 29 30 Motion carried unanimously. 31 32 HL PUBLIC HEARINGS. 33 34 None 35 36 IV. GENERAL POLICY BUSINESS OF THE H.R.A. 37 38 None 39 40 V. STAFF REPORTS. 41 42 VI. H.R.A. COMMISSIONER COMMENTS. 43 44 None. 45 46 VII. INFORMATION AND ANNOUNCEMENTS. 47 48 None 1 2 3 I. 5 6 7 8 9 10 11 12 13 Housing and Redevelopment Authority Meeting Minutes September 11, 2007 Page 2 VIII. ADJOURNMENT. Chair Faust adjourned the meeting at 7:54 p.m. Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc. All except Faust 2 ACS FINANCIAL SYSTEM 09/19/2007 09: BANK VENDOR FIRS BREMER BANK NA 009330 APACHE PARK LLC 000820 DORSEY & WHITNEY BREMER BANK NA Check Register CHECK# DATE ST. ANTHONY VILLAGE GL540R-V06.74 PAGE 1 AMOUNT 4470 09/26/07 2,184.58 4471 09/26/07 1,033.05 3,217.63 *** 3 EHLERS 4 LEADERS IN PUBLIC FINANCE L OTo: Mike Morrison — Executive Director G From: Stacie Kvilvang — Associate Financial Advisor LU Date: September 25, 2007 2 Subject: Sixth Amendment to Development Agreement With Apache Redevelopment LLC On November 14, 2006, the HRA approved a 5B' Amendment to the Redevelopment Contract with Apache Redevelopment LLC. This amendment provided for two things: 1. It extended the dates to commence construction of the residential condo buildings by one year to September 1, 2007 for building #3 and September 1, 2008 for building 94; and 2. It split the TIF PAYG Note into two notes (separate Note for each building) The developer is working with their lender on the financing package for building #3 and anticipates beginning construction by the summer of 2008. In addition, they anticipate beginning construction on building 114 by the summer of 2009. Based upon this new schedule, the developer has requested that the dates approved as part of the 5°1 Amendment be changed to September 1, 2008 for building #3 and September 1, 2009 for Building 44 (1 year delay). Due to the increased value we are seeing at the project (higher sales prices than originally projected), this additional one year delay will not jeopardize or decrease the amount of TIF that will be needed to satisfy the required PAYG TIF Notes pursuant to the original Development Agreement ($3,432,758). Please contact me at 651-697-8506 with any questions. cc: File LEADERS IN PUBLIC FINANCE 3o6o Centre Pointe Drive - Phone: 651-697-8506 Fax: 651697-8555 Roseville, MN 5 5113-110 5 skvilvang@ehlers-inc.com ehlers-inc.com 5 HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. ANTHONY RESOLUTION NO. 07-011 RESOLUTION RELATING TO A SIXTH AMENDMENT TO A REDEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF SAINT ANTHONY, MINNESOTA, THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND APACHE REDEVELOPMENT, LLC (THE "DEVELOPER"), DATED DECEMBER 19, 2003. WHEREAS, the City of St. Anthony (the "City') and the St. Anthony Housing and Redevelopment Authority (the "Authority") entered into the referenced agreement regarding an area located in the northwest portion of the City (the "Agreement"); and WHEREAS, pursuant to the Agreement, the Developer agreed to develop a development in multiple Phases or Elements, including the Phase IB For Sale Housing Development or Element consisting of an initial 128 units of for sale housing, subject to final plans to be approved by the City; and WHEREAS, under Section 10.1 of the Agreement, the Developer agreed to commence construction of the Phase IB For Sale Housing Development by July 1, 2006, and the Developer has failed to do so; and WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Fifth Amendment to Redevelopment Agreement dated November 11, 2006 (the "Fifth Amendment")), the Developer agreed to commence construction of the Phase IB -1 For Sale Housing Development by September 1, 2007, and the Developer has failed to do so; WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Fifth Amendment), the Developer agreed to commence construction of the Phase IB -2 For Sale Housing Development by September 1., 2008; and WHEREAS, due to current market conditions and financing requirements, the Developer has requested that Section 10.1 of the Redevelopment Agreement be amended to require construction to commence on Phase IB -1 by September 1, 2008, and on Phase IB -2 by September 1, 2009; and WHEREAS, a Sixth Amendment to the Agreement has been prepared to address these issues. NOW, THEREFORE, BE IT RESOLVED, by the St. Anthony Housing and Redevelopment Authority as follows: That the Chair and Executive Director are authorized to enter into a Sixth Amendment to Redevelopment Agreement by and among the City of Saint Anthony, Minnesota, the Housing and Redevelopment Authority of the City of Saint Anthony, Minnesota, and Apache Redevelopment, LLC. Adopted this 25th day of September, 2007 Chair Executive Director R