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The regular meeting of the West St - Download Now DOC - DOC

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									November 14, 2005 Page 222 The regular meeting of the West St. Paul City Council was held on Monday, November 14, 2005 at 7:00 p.m. in the Council Chambers of the Municipal Center, 1616 Humboldt Avenue, West St. Paul.. Roll Call: The roll being called, the following members were: Present: Mayor Zanmiller, Clpns. Tessmer, Wright, Englin, VanMoorlehem, Juarez, and Lewis Absent: None Also Present: City Manager Arbon Hairston, City Attorney Rollin Crawford, Public Works Director Matt Saam, Finance Director John Remkus, Asst. City Mgr/HR Director Karen Divina, Police Chief Manila Shaver, Acting Parks & Recreation Director Barb Kasal, and Deputy City Clerk Diane Meissner. APPROVAL OF AGENDA: ON MOTION of Clpn. Wright, seconded by Clpn. VanMoorlehem, resolved to adopt the agenda for November 14, 2005 with the following additions/changes: Mayor Zanmiller removed Performance Commendations from Recognition's; City Attorney Crawford added Consent to the Assignment of a License Agreement – New Business. Ayes: 6 Nays: 0 PROCLAMATIONS & RECOGNITIONS Recognition of Rollin Crawford, City Attorney Mayor Zanmiller commented on the contributions City Attorney Rollie Crawford has made to the City of West St. Paul not only as the City's attorney, but his tenure as Mayor. He presented Mr. Crawford with a recognition plaque as well as a street sign renaming Library Road, Crawford Drive. Attorney Crawford spoke of his youth growing up in West St. Paul, serving on various committees as well as serving as Mayor. He noted for years the previous Councils talked about improving the housing stock and consolidating the Fire Departments of West St. Paul and South St. Paul, but the current Council has taken the next step and accomplished both endeavors. He stated they should be considered heroes in achieving these major accomplishments and thanked the Mayor and Council for their insight and dedication to the City's improvement. CITIZEN'S COMMENTS River Heights Charter School Student Learning Projects Bill Zimniewicz, co-founder of the River Heights Charter School, spoke of his school's activities and purpose. He introduced students who in turn, spoke on projects they are working on at the school. Lucy Dickensen, Student Council President, invited the Council to their Presentation Night on December 15th at 5 p.m. Amber Johnson, senior, spoke of her project, the relationship of race and intelligence. Rex Stacey spoke of his daughter, Anna, who goes to the River Heights Charter School. He stated she did not do well at Sibley High School but she loves River Heights. He stated the staff are young and dedicated. Mr. Zimniewicz explained the concept of project based studies which is used at the school. COUNCIL COMMENTS Clpn. Wright thanked the Council and staff that worked the Halloween Bonfire. Clpn. Lewis noted she and Clpn. VanMoorlehem passed out 1500 hot dogs. Mayor Zanmiller spoke of the possibility that light rail may be coming to West St. Paul via a Robert Street corridor. He noted there is legislation being drafted and local legislators, County Commissioners and representatives of our neighboring cities are forming an Advisory Group to study this idea. He invites interested citizens comments, but he wanted the residents to know he supports the concept.

November 14, 2005 Page 223 CONSENT CALENDAR ON MOTION of Clpn. Juarez, seconded by Clpn. Lewis, resolved to adopt the following Consent Agenda items: 1. Approve City Council Minutes for October 24, 2005. 2. Approve City Licenses: CHRISTMAS TREE SALES Menard’s MECHANICAL/BUILDING LICENSES Albrightson Excavating Inc. – EXCAVATION Arrow De Signs – SIGN ERECTOR Asphalt Specialties – BLACKTOP Busy Bee Tree Service – TREE CONTRACTOR Clear Choice – GENERAL CONTRACTOR Color Sign Systems inc. – SIGN ERECTOR Douglas Construction Inc. – GENERAL CONTRACTOR Foss Drywall – DRYWALL McPhillips Larson Berry Inc. – GENERAL CONTRACTOR Olson, T. W. & Associates – GAS BURNER Omann Brothers Drywall Inc. – DRYWALL Pipeworks Inc. - PLUMBING Plummer Concrete Inc. – CONCRETE Royal Construction, Inc. – GENERAL CONTRACTOR Sign a Rama – SIGN ERECTOR Urban Concrete - CONCRETE 3. 4. Approve List of Claims

Approve Amendment to Existing Traffic Signal Agreement for Robert Street/Annapolis Street: On Motion of Clpn. Juarez Seconded by Clpn. Lewis RESOLUTION NO. 05-124 RESOLUTION APPROVING AMENDMENT TO EXISTING TRAFFIC SIGNAL AGREEMENT FOR ROBERT STREET/ANNAPLIS STREET BE IT RESOLVED that the City of West St. Paul enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To revise existing Agreement No. 63935, dated May 8, 1987, in accordance with the terms and conditions set forth and contained in Amendment No. 1 to Agreement No. 63935, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted by the City Council of the City of West St. Paul this 14th day of November, 2005. Ayes: 6 Nays: 0

__________________________________ John A. Zanmiller, Mayor

Attest:_____________________________ Diane K. Meissner Deputy City Clerk

5.

Receive Feasibility Report and Call Public Hearing for Delaware Avenue Improvement Project, Contract #05-4:

November 14, 2005 Page 224 On Motion of Clpn. Juarez RESOLUTION NO. 05-125 RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT DELAWARE AVENUE IMPROVEMENT PROJECT CONTRACT NO. 05-4 WHEREAS, pursuant to a resolution of the Council adopted October 24, 2005, a report has been prepared by Matthew S. Saam, City Engineer, with reference to the improvement of Delaware Avenue from Dodd Road north to Annapolis Street, by roadway reconstruction and utility improvements, pursuant to Minnesota Statutes, Section 429.011 to 429.111. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST ST. PAUL, MINNESOTA: 1. The Council will consider the improvement to such sidewalk in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,078,000. 2. A public hearing shall be held on such proposed improvement on December 12, 2005 in the Council Chambers of the Municipal Center at 7:00 p.m. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of West St. Paul this 23rd day of May, 2005. Ayes: 6 Nays: 0 Seconded by Clpn. Lewis

________________________________________ Attest:______________________________ John A. Zanmiller, Mayor Diane K. Meissner Deputy City Clerk 6. Fire Report for October, 2005 7. Charitable Donation from the West St. Paul Youth Athletic Association: On Motion of Clpn. Juarez Seconded by Clpn. Lewis RESOLUTION NO. 05-126 RESOLUTION ACCEPTING DONATION FROM WEST ST. PAUL YOUTH ATHLETIC ASSOCIATION, INC. WHEREAS, the West St. Paul Youth Athletic Association, Inc. has donated $5,690.00 for field usage fees for the 2005 year, and WHEREAS, the Mayor and City council acknowledges the generosity and extends their appreciation to the West St. Paul Youth Athletic Association for the $5,690.00. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City council accepts the donation of $5,690.00 on behalf of the City of West St. Paul. Adopted by the City Council of the City of West St. Paul, Ayes: 6 Nays: 0 __________________________________ John A. Zanmiller, Mayor 8. Attest:____________________________________ Diane K. Meissner, Deputy

Garbage Service to Municipal Buildings Contract – Nitti Sanitation, Inc.

November 14, 2005 Page 225 9. Declare Surplus Equipment – Public Works Dept: On Motion of Clpn. Juarez Seconded by Clpn. Lewis RESOLUTION NO. 05-127 A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS, AND AUTHORIZING SALE AND/OR DISPOSAL THEREOF WHEREAS, certain property is no longer needed for public service, and can be offered for sale and/or disposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST ST. PAUL, MINNESOTA: The following material is declared surplus and authorized to be sold or donated: Six (6) Spare Grader Wheels/Rims Adopted by the City Council this 14th day of November, 2005. Ayes: 6 Nays: 0 Attest:_______________________________ Diane K. Meissner Deputy City Clerk

________________________________ John A. Zanmiller, Mayor

10. Bank Reconciliation for July, August, and September, 2005 Ayes: 6 Nays: 0 FIRE CONSOLIDATION JOINT POWERS AGREEMENT UPDATE – CLPN. TESSMER Clpn. Tessmer spoke of the activities of the Joint Powers Board. He noted they have adopted ByLaws and elected officers. He is the Chair and Clpn. Wright is Treasurer. The legal counsel has been determined to be Levander & Gillen who currently serves both cities. They are working on the criteria to appoint a fifth citizen Board member and with labor consultants on the criteria for hiring a Fire Chief. TIF/BUSINESS SUBSIDY AGREEMENT – SHERMAN II Community Development Director Hartshorn explained the details regarding the TIF Agreement and resolution for the Sherman II project.

On Motion of Clpn. Lewis CITY OF WEST ST. PAUL RESOLUTION NO. 05-128

Seconded by Clpn. Wright

RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WEST ST. PAUL AND SHERMAN ASSOCIATES, INC. BE IT RESOLVED By the City Council ("Council") of the City of West St. Paul ("City") as follows: Section 1. Recitals. 1.01. The Economic Development Authority of the City of West St. Paul (“Authority”) currently administers the South Robert Street Redevelopment Project (the “Project”) and Tax Increment Financing District No. 1-2 (the "TIF District") within the Project, all pursuant to Minnesota Statutes, Sections 469.024 to 469.034 and Sections 469.174 to 469.179. 1.02. Among the activities to be assisted by the Authority in the Project is redevelopment of certain property in Tax Increment Financing District No. 1-2.

November 14, 2005 Page 226 1.03. There has been presented before the Council a Tax Increment Financing Agreement (the “Agreement”) between the Authority and Sherman Associates, Inc. (the “Redeveloper"), setting forth the terms and conditions of development of the subject property and the Authority’s participation in that effort. 1.04. The Agreement provides for certain financial assistance that constitutes a “business subsidy” exceeding $100,000 within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the “Business Subsidy Act”). 1.05. The “business subsidy agreement” as required under the Business Subsidy Act is included as one section of the Agreement, and the Authority has on this date conducted a duly noticed public hearing regarding the business subsidy agreement at which all interested persons were give an opportunity to be heard. 1.06. Under the Business Subsidy Act this Council is required to approve any business subsidy agreement. 1.07. The Council finds that the execution of the Agreement, including the business subsidy agreement, by the Authority and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the business subsidy agreement within the Agreement as presented to the Council, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by the proper Authority officials shall be conclusive evidence of approval by the Mayor and City Manager. 2.02. City staff are authorized and directed to take all actions necessary to assist the Authority in performing its obligations under the business subsidy agreement and the Agreement as a whole. Approved by the City Council of the City of West St. Paul this 14th day of November, 2005. Ayes: 4 Nays: 2 Clpns. Englin and Juarez

_______________________________ John A. Zanmiller, Mayor

Attest:_________________________________ Diane K. Meissner, Deputy City Clerk

DEVELOPMENT AGREEMENT – SHERMAN II City Attorney Crawford reviewed the concerns raised in the Development Agreement and noted that they have all been addressed. Clpn. Tessmer noted that the Phase I start date is June 30, 2006 with a 13,000 sq. ft. retail building at Wentworth and Robert Street and 14 of the townhouses next to the Library. The deadline for the next phase which is the remaining townhome buildings is January, 2008. ON MOTION of Clpn. Wright, seconded by Clpn. Tessmer, resolved to authorize the appropriate City officials to sign a Development Agreement by and between the Economic Development Authority of the City of West St. Paul and Sherman Associates, Inc. and the City of West St. Paul. Ayes: 4 Nays: Clpns. Englin and Juarez

INTERFUND LOAN FOR TIF DISTRICT 1-2 Community Development Director Hartshorn explained that an Interfund Loan is necessary to move the Sherman II project forward. The resolution authorizes an internal loan to the respective TIF District and sets the terms for reimbursement of the qualified TIF costs to be repaid with tax increments from the representative TIF District.

November 14, 2005 Page 227 On Motion of Clpn. Tessmer RESOLUTION NO. 05-129 CITY OF WEST ST. PAUL AUTHORIZING AMENDED INTERNAL LOAN FOR ADVANCE OF PUBLIC REDEVELOPMENT COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST ST. PAUL, MINNESOTA (the “City”) AS FOLLOWS: Section 1. Background. Seconded by Clpn. Lewis

1.01. Pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the “TIF Act”) the West St. Paul Economic Development Authority (the “Authority”) previously established Tax Increment Financing District Nos. 1-2 (the “TIF District”) within the South Robert Street Redevelopment Project (the "Redevelopment Project"). 1.02. The Authority may incur certain costs related to the TIF District and Redevelopment Project, which costs may be financed on a temporary basis from available funds in the account for other tax increment financing districts administered by the Authority, or from other Authority or City funds available for such purposes. 1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority and City are authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.04. On November 14, 2005, the Authority approved a resolution (the “Loan Resolution”) amending the terms of an interfund loan approved by the Authority on August 29, 2005, which provided for reimbursement of public redevelopment costs of the Redevelopment Project from tax increments derived from the TIF District. Section 2. Interfund Loans Authorized.

2.01. The City approves the amended interfund loan described in the Loan Resolution, and authorizes use of any unencumbered City or Authority funds available for such purposes under law as the source of the funds for the loan. 2.02. The City Chief Financial Officer is authorized and directed to determine the fund(s) or account(s) from which monies are drawn for the interfund loans, and to credit repayments under the Loan Resolution to the relevant fund(s) or account(s). 2.03. City staff and officials are authorized and directed to execute any collateral documents and take any other actions necessary to carry out the intent of this resolution. Approved by the City Council of the City of West St. Paul this 14th day of November, 2005. Ayes: 4 Nays: 2 Clpns. Englin and Juarez _______________________________ John A. Zanmiller, Mayor Attest:______________________________ Diane K. Meissner, Deputy City Clerk

CONSENT TO THE ASSIGNMENT OF A LICENSE AGREEMENT City Attorney Crawford explained that back in 2003, Douglas and Khanh Imhoff, owners of 247 W. Winona Street, obtained a License Agreement from the City to permit the construction of a fence within the right-of-way of Charlton Street. They have now sold the property at 247 W. Winona and wish to transfer the License Agreement to the new owners. The transfer would give the new owner the same rights and requirements contained in the original Agreement.

November 14, 2005 Page 228 On Motion of Clpn.Wright RESOLUTION NO. 05-130 ASSIGNMENT OF A LICENSE AGREEMENT FENCE WITHIN RIGHT-OF-WAY 247 WEST WINONA STREET WHEREAS the City of West St. Paul entered into an agreement with Douglas J. and Khanh T. Imhoff on September 3rd, 2003, for the following purposes, to wit: The construction and maintenance of a fence within the right-of-way of Charlton Street abutting the Property at 247 West Winona Street, legally described as Lot 10, Block 3, Crowley's Addition, which is not closer than 5 feet from Charlton Street, subject to the terms and conditions contained in the Agreement. WHEREAS, Douglas J and Khanh T. Imhoff have sold the said property and the new owners, Jason George and Shannon Hart, wish to maintain the same said Agreement with the City of West St. Paul for the said fence. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West St. Paul approve the assignment of the License Agreement to the new owners of 247 West Winona, Jason George and Shannon Hart, for the maintenance of a fence within the right-of-way of Charlton Street abutting the Property at 247 West Winona, legally described as Lot 10, Block 3, Crowley's Addition, with the same terms and conditions contained in the original Agreement. Adopted by the City Council of the City of West St. Paul this 14th day of November, 2005. Ayes: 6 Nays: 0 Seconded by Clpn. Tessmer

__________________________________ John A. Zanmiller, Mayor

Attest:_____________________________ Diane K. Meissner Deputy City Clerk

ADJOURNMENT ON MOTION of Clpn. Juarez, seconded by Clpn. Wright, resolved to adjourn the regular City Council meeting of November 14, 2005 at 7:45 p.m. until it reconvenes for the next Regular City Council meeting to be held on Monday, November 28, 2005 at 7:00 p.m. in the Council Chambers of the Municipal Center, 1616 Humboldt Avenue. ALL VOTED IN FAVOR THEREOF. ___________________________ John A. Zanmiller, Mayor Attest:_______________________________ Diane K. Meissner, Deputy City Clerk


								
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