November 13, 2017 Special City Council Meeting Minutes

November 13, 2017 Special City Council Minutes

8:30 A.M.


A special meeting of the City Council of the City of International Falls, Minnesota was held in the Council Chambers of the Municipal Building on the 13th day of November, 2017 at the hour of 8:39 A.M.


MEMBERS PRESENT:      Councilors Briggs, Pearson and Mayor Anderson

MEMBERS ABSENT:        Councilor Droba and Jaksa

OTHERS PRESENT:                           Laurel Beager, The Journal; Pete Schultz; Steve Shermoen; Kelly Myers; Ted Brokaw; Adam Mannausau; and Ken Anderson



APPROVED Development Agreement Between the City of International Falls and Keep Properties IV, LLC with Conditions Mayor Anderson opened the special meeting at 8:39 a.m. and stated the purpose of the meeting is to consider approval of a Development Agreement with Larry Keep to allow Public Works Department crews to remove an existing residential structure at 1119 3rd Street.  He stated that discussions have been going on for a couple of months on the Development Agreement.  He stated that Larry Keep’s attorney was out of town until tomorrow.  He suggested that the City Council could act to approve the Development Agreement conditioned upon agreement by both the City Attorney and Mr. Keep’s legal counsel.   Ken Anderson briefly stated that the Development Agreement is consistent with the format of other agreements and indicated that Sections 2.1 and 2.2 outlined the specific representations and warranties of the City and Developer, respectively.   He indicated the City crews would be demolishing and removing the existing multi-story residential structure including footings and foundation.  Mr. Keep would be responsible to secure the site by fencing the excavation, posting signs for safety purposes, and fill and compact as necessary for construction.


Mayor Anderson invited public comment.  Pete Schultz, 510 11th Ave., stated he was concerned about Mr. Keep not maintaining a fence on the shared property line as required by the approved conditional use permit.  He said the fence has fallen over into his property.  He questioned Mr. Keep’s ability to install or maintain a fence.   City Attorney Shermoen replied that the Development Agreement for this project could also require that Mr. Keep comply with the obligations of the previous conditional use permit.  Mayor Anderson said the $1,000,000 investment in the new building might include labor and not just structure costs.


MOTION by Councilor Briggs to approve the Development Agreement between the City of International Falls and Larry Keep/Keep Properties IV, LLC contingent upon 1) maintaining the screening fence as required in the approved Conditional Use Permit (to be verified), and 2) agreement between the City Attorney and Larry Keep’s legal counsel.  Motion seconded by Councilor Pearson.   In discussion, Mr. Schultz responded that the screening fence was a six (6) foot high fence.  Motion carried unanimously.

ADJOURNMENT Mayor Anderson adjourned the meeting at 8:52 A.M.




Robert W. Anderson, Mayor




Kenneth R. Anderson, City Administrator