HomeMy WebLinkAbout2016/06/27 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA
JUNE 27, 2016
(Mayor Spano Out)
6:15 p.m. SPECIAL CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
2. Resolutions, Ordinances, Motions and Discussion Items
2a. Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project
(Project 2012-0100)
Recommended Action: Motion to approve the Purchase Agreement between the City
and Clear Channel Outdoor, Inc. for 7341 State Highway 7 located in the Southwest
(SW) quadrant of Highway 7 & Louisiana.
3. Adjournment
6:30 p.m. STUDY SESSION – Council Chambers
Discussion Items
1. 6:30 p.m. Future Study Session Agenda Planning – July 11, 2016
2. 6:35 p.m. Remodeling of City Council Chambers
3. 7:05 p.m. Construction Noise Regulations
4. 7:25 p.m. Public Process and Participation
5. 8:10 p.m. Vision and Comprehensive Plan Update
8:55 p.m. Communications/Updates (Verbal)
Written Reports
6. May 2016 Monthly Financial Report
7. SWLRT Updates – Historic Properties Review and Station Design Committee
8. Temporary Health Care Dwellings
9:00 p.m. Adjourn
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call
the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting.
Meeting: Special City Council
Meeting Date: June 27, 2016
Consent Agenda Item: 2a
EXECUTIVE SUMMARY
TITLE: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project
(Project 2012-0100)
RECOMMENDED ACTION: Motion to approve the Purchase Agreement between the City and
Clear Channel Outdoor, Inc. for 7341 State Highway 7 located in the Southwest (SW) quadrant of
Highway 7 & Louisiana.
POLICY CONSIDERATION: This action is consistent with previous direction given by the
City Council as part of the Highway 7 /Louisiana Avenue Interchange Project.
SUMMARY: An agreement has been reached on terms to purchase 7341 State Highway 7 (SW
Parcel) from Clear Channel. Attached is a copy of the proposed Purchase Agreement.
On December 14, 2015 staff provided the City Council with an update on the possible land
acquisition of two parcels near the Highway 7/Louisiana Avenue Interchange from Clear Channel
Outdoor Inc. On February 18, 2016 the purchase agreement was finalized on the NE parcel. Staff
is now seeking Council approval of the Purchase Agreement for the SW Parcel. When the SW
Parcel is combined with the adjacent EDA property the site will likely be very desirable for
commercial purposes due to its proximity the Highway 7 & Louisiana interchange and the
proposed Louisiana Avenue SWLRT station. The plan for this property is to eventually sell it to a
developer to recoup the cost of acquisition.
FINANCIAL OR BUDGET CONSIDERATION: Pursuant to the “quick take” provisions of
Minnesota Statutes, the City has paid Clear Channel $248,000 towards the right of way taking and
temporary easements impacted by the construction of the new interchange for the SW Parcel. An
additional $513,653.35 is needed to acquire the remainder of this parcel. The City will also be
paying $163,875.00 for the relocation costs and lost revenue with relation to the billboard on the
SW Parcel. The additional funding will be provided by two sources: the Highway 7/Louisiana
Avenue Interchange Project will pay an additional $211,396.50 and the Development Fund will
contribute $466,131.85. More information regarding the proposed land acquisition can be found
in the Discussion section of the report.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
Parcel Map
Purchase Agreement
Prepared by: Joseph Shamla, Senior Engineering Project Manager
Greg Hunt, Economic Development Coordinator
Reviewed by: Jack Sullivan, Senior Engineering Project Manager
Kevin Locke, Community Development Director
Tim Simon, Controller
Andrea McDowell Poehler, Campbell Knutson
Approved by: Tom Harmening, City Manager
6SHFLDO&LW\&RXQFLOMeeting of June 27, 2016 (Item No. 2a) Page 2
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project (Project 2012-0100)
DISCUSSION
BACKGROUND: To construct the Highway 7/Louisiana Avenue Interchange Project, land was
acquired through condemnation from Clear Channel Outdoor Inc. Only a portion of these vacant
parcels were needed for Right of Way (ROW) purposes. Parcel 1 (7341 State Highway 7 and “SW
Parcel”) is located in the SW quadrant of the interchange between Highway 7 to the north and
Lake Street West to the south (see attached map). Parcel 9 (“NE Parcel”) is located in the NE
quadrant of the interchange between Walker Street to the north and Highway 7 to the south. The
remaining portion of Parcel 9 was acquired on February 18, 2016. Since May 27, 2014, the City
and EDA have been negotiating a purchase agreement to acquire the remaining portion of Parcel
1 from Clear Channel for economic development purposes.
SW Parcel
The SW Parcel is 67,329 sq. ft. and roughly triangular in shape. It lies immediately west of 7250
State Hwy 7; the site of the former Methodist Hospital Park & Ride (“Gold Lot”), owned by the
EDA. Both the SW Parcel and the EDA parcel are oddly shaped and have little potential to
redevelop efficiently on their own. When combined however, these parcels create an oblong-
shaped property consisting of nearly 3.5 acres which could readily sustain commercial
redevelopment. Given its proximity and visibility from the new highway interchange, such a
commercial site would receive strong market interest. In addition, this site is within walking
distance of the proposed Louisiana Avenue SWLRT station.
To date, the City has deposited $248,000 to acquire the Partial Take of the SW Parcel. It is now
proposed that the City Council approve the Purchase Agreement for the entire SW Parcel. Under
the Agreement the City would acquire the SW parcel for $761,653.35 ($11.31 per sf). This price
is within 20% of the City’s 2014 appraisal for the property and is considered at the low end of the
market range for raw land adjacent to a highway interchange according to the City Assessor.
Similar to the purchase agreement for NE Parcel and as required by statute, the proposed
Agreement provides compensation for the cost to relocate the billboard and lost revenue while the
billboard was not in operation which equates to $163,875.00. As shown in the summary below,
the Highway 7 & LA interchange project would fund the portion of the property needed for ROW
purposes and the Development Fund would pay for the remainder of the property. It is anticipated
that the EDA would recoup its investment when redevelopment occurs on the site.
City Funding Allocation
Hwy 7 & LA
Project
Development
Fund Total
SW Parcel Purchase:
Purchase Price $295,521.50 $466,131.85 $761,653.35
Less Right-of-Way Partial Take Payment ($248,000.00) ($248,000.00)
Relocation / Loss of Revenue for Billboard $163,875.00 $163,875.00
Purchase Agreement Amount $211,396.50 $466,131.85 $677,528.35
The proposed Purchase Agreement and related easements have been reviewed by the City Attorney
and they have recommended approval.
6SHFLDO&LW\&RXQFLOMeeting of June 27, 2016 (Item No. 2a) Page 3
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project (Project 2012-0100)
Next Steps
The closing on the purchase of the SW Parcel is expected to occur prior to July 1st. If the property
is acquired prior to that date, the property will obtain tax exempt status which is beneficial to the
City.
Four additional actions will be necessary to prepare the SW Parcel for future redevelopment: (1) a
utility easement will need to be placed over existing utilities within the property; (2) a small
triangle of land needs to be dedicated as right of way for Lake Street; (3) the SW Parcel will need
to be deeded to the EDA; and (4) the SW Parcel will need to be combined with the adjacent EDA
parcel. These items will be easier to accomplish once the City owns the property.
1
975+00
980+00
10+00 14+00975+00
980+00
15+00
11+00
15+00
RIGHT OF WAY PARCEL LAYOUT
SCALE: 1" = ’ OWNER : PID NO.
COUNTY : HENNEPIN
CITY : ST. LOUIS PARK
S.P. 163-080-083, 2706-226
3:57:00 PM5/7/20121 ParcelS:\PT\S\Stlou\116227\5-dsgn\51-cadd\R-O-W\parcel sketches\Parcel Sketches.dgn
5/7/2012DATE:LAYOUT BY: SEH Inc.Parcel No.
OWNER:
NO.
PARCEL
ADDITION NAME:
SQ FT
MNDOT R/W
NEW
SQ FT
CITY R/W
NEW
SQ FT
EASEMENT
TEMPORARY
MNDOT
SQ FT
EASEMENT
TEMPORARY
CITY
LEGEND
PROPOSED TEMPORARY EASEMENT
PROPOSED RIGHT OF WAY
EXISTING CITY RIGHT OF WAY/PARCEL LINES
EXISTING MNDOT RIGHT OF WAY
PROPOSED LIMITS OF CONSTRUCTION
PROPOSED CONSRUCTION
100 NAEGELE OUTDOOR ADV. INC.171-172-134-0073
1 NAEGELE OUTDOOR ADV. INC.
REARRANGEMENT OF ST. LOUIS PARK
OF SAID LOT 6 TH SE’LY TO BEG
TH W’LY ALONG SAID S’LY LINE TO E’LY LINE OF LOT 6 BLK 323 TH S’LY ALONG SAID E’LY LINE TO SE COR
LINE OF LOT 1 BLK 159 TH NE’LY ALONG SAID SE’LY LINE AND ITS EXTENSIONS TO S’LY LINE OF HWY NO 7
TO CTR LINE OF VAC STREET TH SE’LY ALONG SAID CTR LINE TO ITS INTERSEC WITH S’LY EXTENSION OF SE’LY
158 DIS 110 FT NELY FROM MOST SLY COR THOF TH NELY ALONG SAID SE’LY LINE AND ITS NE’LY EXTENSION
THAT PART OF BLKS 158 159 323 AND OF ADJ VAC STREETS DESC AS BEG AT A PT ON SELY LINE OF LOT 1 BLK
1
16,694 16,9345.74’46.62’50’50’WB TH 7
EB TH 7W. 37th ST.KI
LMER LANESpecial City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 4
186858v7
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is effective as of the ____ day of _______________,
2016, by and between CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, 3225
Spring Street Northeast, Minneapolis, Minnesota 55123 (“Seller”), and CITY OF ST. LOUIS
PARK, a Minnesota municipal corporation, 5005 Minnetonka Boulevard, St. Louis Park,
Minnesota, 55416 (“Purchaser”).
RECITALS:
A Seller is the owner in fee simple of property located in the Southwest Quadrant (the
“Southwest Parcel”) of Highway 7 and Louisiana Avenue in the City of St. Louis Park,
County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto and
made a part hereof, together with all appurtenant rights, easements, mineral rights, and all
right, title and interest of Seller in and to all streets, alleys, strips, and rights-of-way over or
abutting said land, for which Seller has an interest (the “Property”).
B. Seller desires to convey the Property thereon to Purchaser and Purchaser is desirous of
purchasing the Property.
AGREEMENT:
In consideration of the mutual covenants and agreements herein contained and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. OFFER/ACCEPTANCE. Subject to compliance with the terms, covenants and conditions
of this Purchase Agreement, Seller shall convey the Property to the Purchaser.
2. PRICE AND TERMS. The price for the Property included under this Purchase
Agreement is Five Hundred Thirteen Thousand Six Hundred Fifty-Three and 35/100 Dollars
($513,653.35) which amount shall be paid in cash at closing.
Seller and Purchaser acknowledge that the Property being conveyed herein is the remainder owned
by Seller in the Southwest Quadrant Highway 7 and Louisiana after the Purchaser’s acquisition as
fully described in Hennepin County Court File No. 27-CV-12-20082. Seller and Purchaser agree
that at the Closing described herein, they shall execute appropriate documents to discharge Parcel 1
from the above action, including a stipulation of settlement for the acquisition of Parcel 1 in the
amount of $248,000.00. Seller specifically acknowledges that the Purchase Price paid pursuant to
this Agreement fully satisfies Purchaser’s obligations to provide minimum compensation and other
benefits as required under applicable law, except for relocation benefits which are covered by a
separate agreement attached hereto as Exhibit B (the “Relocation Agreement”) and the payment of
such benefits shall be a condition to closing hereunder between the parties. Seller agrees that by
acceptance of the consideration provided for herein, Seller releases and discharges Purchaser, and
its officers, employees, agents, successors and assigns, of and from any and all liability and claims,
at law or in equity, and under any state or federal law, for damages, including minimum
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 5
186858v7 2
compensation damages, loss of going concern, other damages, interest, and costs, arising out of or
in connection with the acquisition of the Property. Seller also waives a right of first refusal
pursuant to Minn. Stat. §117.226 to the extent it is applicable to any portion of the Property.
3. DEED/MARKETABLE TITLE. Upon performance by Purchaser, Seller shall execute
and deliver a Warranty Deed, conveying good and marketable title of record, subject to the
following Permitted Encumbrances:
A. Reservations of minerals or mineral rights by the State of Minnesota, if any;
B. Building and zoning laws, ordinances, state and federal regulations;
C. The lien of real property taxes and the lien of special assessments and interest due
thereon, if any, payable in the year of closing which by the terms of this Purchase
Agreement are to be paid or assumed by the Purchaser; and
4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. Prior Years’ Delinquent Real Estate Taxes and Delinquent Special Assessments.
Delinquent real estate taxes payable in years prior to the year of Closing and
delinquent installments of special assessments certified for collection with real
estate taxes payable in years prior to the year of Closing, together with penalty,
interest and costs, shall be paid by Seller not later than the Date of Closing.
B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the
year of Closing shall be prorated between Seller and Purchaser on a calendar year
basis to the Date of Closing. Purchaser shall assume installments not paid at
Closing. Seller shall pay penalty, interest and costs on any delinquent installment
of taxes and special assessments payable by Seller in the year of Closing.
C. Deferred Real Estate Taxes. Seller shall pay on Date of Closing or provide for
payment of any deferred real estate taxes (including “Green Acres” taxes under
Minn. Stat. § 273.111) payment of which is required as a result of the Closing of
this sale and the recording of the Deed. Provision for payment shall be by payment
into escrow of 1.5 times the estimated payoff amount of the deferred taxes.
D. Certified Special Assessments. All installments of special assessments certified
for payment with the real estate taxes payable in the year of Closing shall be paid
by Purchaser at Closing.
E. Pending Special Assessments. Seller shall provide for payment of special
assessments pending as of the date of this Purchase Agreement for improvements
that have been ordered by the City Council or other governmental authorities.
Seller’s provision for payment shall be by payment into escrow of 1.5 times the
estimated amount of the assessments. If a special assessment becomes pending
after the date of this Purchase Agreement and before the Date of Closing,
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Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 6
186858v7 3
Purchaser may, at Purchaser’s option:
(1) Assume payment of the pending special assessment without adjustment to
the purchase price of the real property; or
(2) Require Seller to pay the pending special assessment (or escrow for
payment of same as provided above) and Purchaser shall pay a
commensurate increase in the purchase price of the real property, which
increase shall be the same as the estimated amount of the assessment; or
(3) Rescind this Agreement, in which case all Earnest Money shall be
refunded to Purchaser.
F. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all
other special assessments levied as of the date of this Purchase Agreement.
G. Allocation of Payable Taxes. Notwithstanding the foregoing, Purchaser will
reimburse Seller for the portion of payable 2013, 2014, 2015 and 2016 real estate
taxes paid by Seller attributable to the portion of the Property acquired by the
condemnation quick take process on January 15, 2013. In addition, Seller shall
have no obligation to pay any penalties, interest or costs on any delinquent
installment of taxes and special assessments in 2013, 2014, 2015, and 2016 for the
portion of the Property that was acquired by the quick take process.
5. SELLER’S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN
WARRANTIES. Seller warrants that there has been no labor or material furnished to the Property
for Seller for which payment has not been made.
6. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Purchaser and
Purchaser’s authorized agents shall have the right during the period from the date of this
Agreement to the Date of Closing to enter in and upon the Property in order to make, at
Purchaser’s expense, surveys, measurements, soil tests and other tests that Purchaser shall deem
necessary. Purchaser agrees to restore any resulting damage to the Property and to indemnify, hold
harmless and defend Seller from any and all claims by third persons of any nature whatsoever
arising from Purchaser’s right of entry hereunder, including all actions, proceedings, demands,
assessments, costs, expenses and attorneys' fees.
7. POSSESSION. Seller shall deliver possession of the Property not later than the actual
date of closing. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city
sewer, electricity, and natural gas shall be prorated between the parties as of Date of Closing.
8. TITLE INSURANCE. Within fifteen (15) days of the date of this Agreement, Purchaser
shall be responsible for obtaining title evidence and reviewing title to the Property. Purchaser shall
be allowed twenty (20) business days after the receipt of the title commitment for examination of
title and making any objections, which shall be made in writing or deemed waived.
9. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of
Purchaser's written title objections to make title marketable. Upon receipt of Purchaser's title
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 7
186858v7 4
objections, Seller shall, within ten (10) business days, notify Purchaser of Seller's intention to make
title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which
can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure
of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all
payments required herein and the closing shall be postponed.
If any objection is so made, Seller shall have ten (10) business days from receipt of Purchaser’s
written title objections to notify Purchaser of Seller's intention to make title marketable within one
hundred twenty (120) days from Seller's receipt of such written objection. If notice is given,
payments hereunder required shall be postponed pending correction of title, but upon correction of
title and within ten (10) days after written notice to Purchaser, the parties shall perform this
Agreement according to its terms. If no such notice is given or if notice is given but title is not
corrected within the time provided for, the Purchaser (at Purchaser's option) shall have the right to:
(a) terminate this Agreement; or (b) cause the exception(s) to be removed and credit Purchaser's
cost to remove the exception(s) against the Purchase Price.
10. NOTICES. All notices required herein shall be in writing and delivered personally or
mailed to the address for each party as shown above and if mailed, are effective as of the date of
mailing.
11. MINNESOTA LAW. This contract shall be governed by the laws of the State of
Minnesota.
12. WELL DISCLOSURE. [Check one of the following:]
_____ Seller certifies that Seller does not know of any wells on the Property.
_____ Wells on the Property are disclosed by Seller on the attached Well Disclosure form.
13. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM.
[Check one of the following:]
____ Seller certifies that Seller does not know of any individual on-site sewage treatment
systems on the Property.
____ Individual on-site sewage treatment systems on the Property are disclosed by Seller on
the attached Disclosure form.
14. PROTECTED HISTORICAL SITES. [Select either one of the following:]
____ Seller represents that Seller does not know if there are historical, native American,
or archeological materials on or in the Property that might be protected by law.
____ To Seller’s knowledge, the property does not have any American Indian burial
grounds, other human burial grounds, ceremonial earthworks, historical materials,
and/or other archeological sites that are protected by federal or state law.
Purchaser’s obligation to close is contingent upon Purchaser determining to
Purchaser’s satisfaction that the property does not have any American Indian burial
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 8
186858v7 5
grounds, other human burial grounds, ceremonial earthworks, historical materials,
and/or other archeological sites that are protected by federal or state law.
15. METHAMPHETAMINE DISCLOSURE STATEMENT.
[Check one of the following:]
____ To the best of Seller’s knowledge, methamphetamine production has not occurred
on the Property.
____ To the best of Seller’s knowledge, methamphetamine production has occurred on
the Property and Seller makes the following disclosure:
A county or local health department or sheriff [strike one] has / has not ordered that the
Property or some portion of the Property is prohibited from being occupied or used until it
has been assessed and remediated as provided in the Department of Health’s Clandestine
Drug Labs General Clean-up Guidelines.
If such order or orders have been issued complete the following statement:
The above orders issued against the Property [strike one] have / have not been vacated.
If such order has not been issued, state the status of removal and remediation on the
Property: [Use additional sheets, if necessary.]
____________
______
______
16. SELLER’S COVENANTS, REPRESENTATIONS AND WARRANTIES. Seller, as
part of the consideration therefore, represents warrants, and covenants with Purchaser and its
successors and assigns that to the best of Seller’s actual knowledge and without any investigation
or inquiry, as follows:
A. Seller has or as of the Date of Closing will have marketable and insurable title to
the Property of record, free and clear of all liens, encumbrances, leases, claims and
charges, all material easements, rights-of-way, covenants, conditions and
restrictions and any other matters affecting the title, except for the Permitted
Encumbrances.
B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will
not violate any applicable statute, ordinance, governmental restriction or regulation,
or any private restriction or agreement.
C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or
causes of action related to any transaction or obligation entered into or incurred by
Seller with respect to the Property prior to the date hereof.
D. Except as provided herein, Seller shall indemnify and defend Purchaser and
otherwise hold Purchaser harmless of, from and against any broker who may be
entitled to any commission or finder’s fee in connection with the transaction
contemplated herein to the extent arising from Seller’s actions.
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E. Seller is not a foreign person as defined in §1445(f)(3) of the Internal Revenue
Code or regulations issued thereunder.
F. To Seller’s actual knowledge, there is no action, litigation, investigation,
condemnation or other proceedings of any kind pending or threatened against Seller
with respect to the Property, except for the City’s Highway 7 and Louisiana
condemnation.
The covenants, representations, and warranties contained in this Section shall be deemed to benefit
Purchaser and its successors and assigns and shall survive any termination or expiration of this
Purchase Agreement or the delivery of the Warranty Deed. All of Seller's covenants,
representations and warranties in this Agreement shall be materially true as of the date hereof and
of the Closing Date, and shall be a condition precedent to the performance of Purchaser's
obligations hereunder. If Purchaser discovers that any such covenant, representation, or warranty
is not true, Purchaser may elect prior to Closing, in addition to any of its other rights and remedies,
to cancel this Agreement, or Purchaser may postpone the Closing Date up to ninety (90) days to
allow time for correction. If Purchaser elects to proceed with the Closing following such
discovery, Purchaser shall be deemed to have waived its rights to assert a claim against Seller
arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty.
Seller indemnifies Purchaser from any breaches of the covenants, warranties and representations
set forth in this Section.
17. SELLER’S AFFIDAVIT. At closing, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivering a Minnesota Uniform
Conveyancing Blank [Form No. 116-M, 117-M, or 118-M] Affidavit of Seller.
18. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this
Agreement shall occur at a location designated by Purchaser, and shall occur on or before June 30,
2016 (“Closing Date”). At closing, Seller and Purchaser shall disclose their Federal Tax
Identification Numbers for the purposes of completing state and federal tax forms.
19. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Purchaser the following
(collectively the "Closing Documents"):
(1) Warranty Deed. A Warranty Deed in recordable form and reasonably
satisfactory to Purchaser, which shall include the following well
representations: “Seller certifies that the Seller does not know of any wells
on the described Property.”
(2) Seller’s Affidavit. A standard form affidavit by Seller indicating that on
the date of Closing there are no outstanding, unsatisfied judgments, tax liens
or bankruptcies against or involving Seller or the Property; that there has
been no skill, labor or material furnished to the Property for which payment
has not been made or for which mechanic's liens could be filed; and that
there are no other unrecorded interests in the Property.
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Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 10
186858v7 7
(3) Non-Foreign Person Certification. A certification in form and content
satisfactory to the parties hereto and their counsel, properly executed by
Seller, containing such information as shall be required by the Internal
Revenue Code, and the regulations issued there under, in order to establish
that Seller is not a “foreign person” as defined in §1445(f)(3) of such Code
and such regulations.
(4) Storage Tanks. If required, an affidavit with respect to storage tanks
pursuant to Minn. Stat. § 116.48.
(5) Well Certificate. If there is a well located on the Property, a well
disclosure certificate in form and substance true to form for recording.
(6) Certification. A certification that the representations and/or warranties
made by Seller is materially the same as were in existence on the date of
this Agreement or noting any changes thereto;
(7) Relocation Agreement. The Relocation Agreement in the form attached
hereto as Exhibit B;
(8) Billboard Easement Agreement. The Billboard Easement Agreement in
the form attached as Exhibit C.
(9) Stipulation of Settlement and Partial Discharge of Parcel 1. The
Stipulation of Settlement Partial Discharge as identified in Paragraph 2 of
this Agreement; and
(10) Other Documents. All other documents reasonably determined by either
party or the title insurance company to be necessary to transfer and provide
title insurance for the Property.
B. At the Closing, Purchaser shall pay the balance of the Purchase Price and execute
and deliver to Seller the following:
(1) All documents reasonably determined by either party or the title insurance
company to be necessary to provide title insurance for the Property;
(2) Relocation Agreement, attached hereto as Exhibit B; and
(3) Billboard Easement Agreement, attached hereto as Exhibit C.
20. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as
follows:
A. Purchaser shall pay:
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(1) Recording fee for the Warranty Deed;
(2) One-half of the closing fees charged by the Title Company;
(3) Pro-rated payable 2013, 2014, 2015 and 2016 taxes pursuant to Paragraph
4.G. herein.
(4) All costs of the premium for owner’s title insurance.
B. Seller shall pay:
(1) State deed tax;
(2) One-half of the closing fees charged by the Title Company;
(3) Pro-rated taxes;
(4) Conservation fee attributable to the Warranty Deed; and
(5) All costs of obtaining a title insurance commitment.
21. PURCHASER’S CONTINGENCIES. Purchaser’s obligations under this Agreement are
contingent upon Purchaser’s satisfaction with each of the following (“Purchaser’s Contingencies”):
A. The representations and warranties of Seller set forth in this Agreement must be
true as of the date of this Agreement and on the Closing Date, and Seller shall have
delivered to Purchasers at Closing a certificate dated the Closing Date, signed by
Seller, certifying that such representations and warranties are true as of the Closing
Date.
B. Purchaser determining on or before the Closing Date, that it is satisfied, in its sole
discretion, with the results of matters disclosed by a Phase I Environmental Audit
or by any additional environmental/engineering investigation or testing of the
Property performed by Purchaser or Purchaser's agent. By executing this
Agreement, Seller hereby authorizes Purchaser to enter upon the Property at
reasonable times to conduct the investigations and/or tests described herein.
Purchaser shall be solely responsible for all environmental tests and shall hold
Seller harmless from any such costs and shall indemnify Seller for breach of this
provision including reasonable attorneys' fees.
C. Purchaser determining that it is satisfied with the title to the Property.
If the Purchaser’s Contingencies have not been satisfied on or before the Closing Date, then
Purchaser may, at Purchaser’s option, extend the Closing Date in order to satisfy the
Purchaser’s Contingencies or terminate this Agreement by giving notice to Seller on or
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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before the Closing Date. The contingencies set forth in this section are for the sole and
exclusive benefit of Purchaser, and Purchaser shall have the right to waive the
contingencies by giving notice to Seller.
22. SELLERS’S CONTINGENCIES. Sellers’s obligations under this Agreement are contingent
upon Sellers’s satisfaction with each of the following (“Sellers’s Contingencies”):
A. Seller and Purchaser entering into and recording at closing the Billboard Easement
Agreement for the Southwest Parcel attached hereto as Exhibit C;
B. Seller’s receipt of all necessary permits for vegetation removal right of way; and
23. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase
Agreement.
SELLER:
CLEAR CHANNEL OUTDOOR, INC.
By:____________________________ Dated:______________, 2016
Its:
PURCHASER:
CITY OF ST. LOUIS PARK
By:____________________________ Dated: ______________, 2016
Jake Spano, Mayor
And:___________________________
Thomas K. Harmening, City Manager
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 13
186858v7 10
EXHIBIT A
TO
PURCHASE AGREEMENT
Lot 1, Block 158, except that part lying Southwesterly of a line drawn from a point in the
Southeasterly line of said Lot 1 distant 110 feet Northeasterly of the Southwest corner of said lot 1
to the Southwest corner of Lot 5, Block 323 said plat and there terminating; Lot 1, Block 159; and
Lots 4 and 5, Block 323, All in “Rearrangement of St. Louis Park” Hennepin County, Minnesota.
Together with that part of the adjacent vacated streets that accrued thereto by reason of the
vacation thereof.
Excepting therefrom that part taken by the City of St. Louis Park, a Minnesota municipal
corporation, described as follows: That part of Lots 4 and 5, Block 323, part of vacated 37th Street
(FKA 1st St. NW), part of Lot 1, Block 159, and that part of vacated Hurst Street,
REARRANGEMENT OF ST. LOUIS PARK, according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Beginning at the most northwesterly corner of Lot 1, Block 1, LOUISANA ALIGNMENT,
according to the recorded plat thereof, Hennepin County, Minnesota; thence South 57 degrees 25
minutes 25 seconds East, assumed bearing along the most northwesterly line of said Lot 1, a
distance of 29.02 feet; thence South 52 degrees 05 minutes 19 seconds West, along the
northwesterly line of said Lot 1, a distance of 95.46 feet; thence westerly 241.02 feet along a non-
tangential curve, concave to the south, central angle 11 degrees 07 minutes 07 seconds, radius
1242.00 feet, chord bearing South 88 degrees 13 minutes 09 seconds West, chord length 240.64
feet; thence South 82 degrees 39 minutes 36 seconds West, along tangent 271.00 feet to the
westerly line of said Lot 5, Block 323; thence North 13 degrees 46 minutes 31 seconds West, along
said westerly line 5.74 feet to the southerly right of way line of State Highway No. 7; thence North
78 degrees 50 minutes 15 seconds East, along said southerly right of way line 572.36 feet to the
point of beginning.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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EXHIBIT B
TO
PURCHASE AGREEMENT
RELOCATION AGREEMENT
Agreement made this ____ day of ______________, 2016, by and between the City of St.
Louis Park (“City”) and Clear Channel Outdoor, Inc. (“Clear Channel”).
WHEREAS, the City has commenced a condemnation action in Hennepin County District
Court, File No. 27-CV-12-20082 (the “Action”), wherein the City has sought to acquire title and
possession to Parcel 1 which is legally described on Exhibit A attached hereto; and
WHEREAS, pursuant to the January 8, 2013 Order Granting Petition, Appointing
Commissioners and Authorizing Transfer Of Title And Possession Pursuant To Minn. Stat. §
117.042, the City acquired fee title and possession to Parcel 1; and
WHEREAS, prior to the commencement of the Action, Clear Channel owned and
maintained one (1) outdoor advertising structure containing one (1) advertising face on a portion of
Parcel 1 (the outdoor advertising structure is hereafter referred to as the “Sign”); and
WHEREAS, as a result of the Action, Clear Channel was required to remove its Sign from
Parcel 1 acquired by the City; and
WHEREAS, the City and Clear Channel have reached an agreement whereby Clear
Channel shall be entitled to relocate its Sign on property owned by the City legally described in
Exhibit B (“Sign Easement Premises”) and the City will reimburse Clear Channel for certain
relocation costs, expenses, and lost revenue in connection with the removal and relocation of its
Sign as set forth herein.
NOW, THEREFORE, the parties agree as follows:
1. Clear Channel shall be entitled to relocate the Sign previously located Parcel 1 to
the Sign Easement Premises. The newly constructed Sign shall be similar in size
and materials as the Sign previously removed from Parcel 1. Clear Channel agrees
not to construct the Sign until it receives necessary permits from the City.
2. The City agrees to pay Clear Channel Seventy-Three Thousand Eight Hundred
Seventy-five and 00/100 ($73,875.00) Dollars as and for relocation costs to remove
and relocate the Sign located on Parcel 1, and Ninety Thousand and 00/100
($90,000.00) Dollars as and for lost revenue to compensate Clear Channel for the
revenue lost while the Sign on Parcel 1 was displaced due to road construction.
Such amounts shall be paid to Clear Channel within thirty (30) days after the
completion of construction of the relocated Sign on Parcel 1.
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3. The parties agree that the amounts payable by the City pursuant to paragraph 2
above shall be in lieu of any compensation which could be claimed by Clear
Channel to be due and owing as a result of the temporary loss of its Sign pursuant
to the above Action, or for any relocation costs which may otherwise be owing
pursuant to state or federal law. It is specifically agreed that the payments due
pursuant to paragraph 2 above do not compensate Clear Channel for just
compensation due and owing for other parcels involved in the Action and Clear
Channel shall be entitled to pursue its claimed damages for such takings in the
above Action.
4. This Relocation Agreement embodies the entire agreement and understanding of
the parties with respect to the subject matter hereof and supersedes all prior
agreements and understandings between the parties. This Relocation Agreement
may not be amended, except in writing, signed by both parties.
5. This Relocation Agreement shall be governed exclusively by the provisions hereof
and by the laws of the State of Minnesota.
6. All provisions of this Relocation Agreement shall run with the land and shall be
binding upon and inure to the benefit of the City and Clear Channel and their
respective grantees, successors, and assigns.
7. If any legal action or proceeding arising out of or relating to this Relocation
Agreement is brought by either party hereto, the prevailing party shall be entitled to
receive from the other party, in addition to any other relief that may be granted,
their reasonable attorneys’ fees, costs and other expenses incurred in the action or
proceeding by the prevailing party.
CITY OF ST. LOUIS PARK CLEAR CHANNEL OUTDOOR, INC.
By:_______________________________ By:_________________________________
Jake Spano, Mayor Its:_________________________
And:______________________________
Thomas K. Harmening, City Manager
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 16
186858v7 13
EXHIBIT A
TO
RELOCATION AGREEMENT
That part of Lots 4 and 5, Block 323, part of vacated 37th Street (FKA 1st St. NW), part of Lot 1,
Block 159, and that part of vacated Hurst Street, REARRANGEMENT OF ST. LOUIS PARK,
according to the recorded plat thereof, Hennepin County, Minnesota described as follows:
Beginning at the most northwesterly corner of Lot 1, Block 1, LOUISANA ALIGNMENT,
according to the recorded plat thereof, Hennepin County, Minnesota; thence South 57 degrees 25
minutes 25 seconds East, assumed bearing along the most northwesterly line of said Lot 1, a
distance of 29.02 feet; thence South 52 degrees 05 minutes 19 seconds West, along the
northwesterly line of said Lot 1, a distance of 95.46 feet; thence westerly 241.02 feet along a non-
tangential curve, concave to the south, central angle 11 degrees 07 minutes 07 seconds, radius
1242.00 feet, chord bearing South 88 degrees 13 minutes 09 seconds West, chord length 240.64
feet; thence South 82 degrees 39 minutes 36 seconds West, along tangent 271.00 feet to the
westerly line of said Lot 5, Block 323; thence North 13 degrees 46 minutes 31 seconds West, along
said westerly line 5.74 feet to the southerly right of way line of State Highway No. 7; thence North
78 degrees 50 minutes 15 seconds East, along said southerly right of way line 572.36 feet to the
point of beginning.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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EXHIBIT B
TO
RELOCATION AGREEMENT
LEGAL DESCRIPTION OF SIGN EASEMENT AREA
An easement for sign purposes over, under and across that part of Lot 5, Block 323,
“Rearrangement of St. Louis Park”, vacated 37th Street, formerly First Street Northwest, as
dedicated in said “Rearrangement of St. Louis Park”, and Kilmer Lane, formerly Frontage Road, as
dedicated in LOUISIANA ALIGNMENT, according to the recorded plats thereof, Hennepin
County, Minnesota, described as follows:
Beginning at the intersection of the westerly line of said Lot 5 and a line hereinafter
referred to as Line “A”; thence North 82 degrees 39 minutes 36 seconds East along said
Line “A”, a distance of 28.64 feet; thence South 11 degrees 09 minutes 45 seconds East a
distance of 57.39 feet; thence South 78 degrees 50 minutes 15 seconds West a distance of
39.00 feet; thence North 11 degrees 09 minutes 45 seconds West a distance of 60.00 feet to
the westerly extension of said Line “A”; thence North 82 degrees 39 minutes 36 seconds
East, along said line extension, a distance of 10.45 feet to said point of beginning.
Line “A”
Commencing at the most northwesterly corner of Lot 1, Block 1, said LOUISIANA
ALIGNMENT; thence South 57 degrees 25 minutes 25 seconds East, along the most northwesterly
line of said Lot 1, a distance of 29.98 feet to an angle point on said northwesterly line; thence
South 52 degrees 05 minutes 19 seconds West, continuing along said northwesterly line, a distance
of 95.46 feet; thence westerly a distance of 241.02 feet along a non-tangential curve, concave to
the south, having a radius of 1242.00 feet, a central angle of 11 degrees 07 minutes 07 seconds, and
a chord bearing of South 88 degrees 13 minutes 09 seconds West to the point of beginning of said
Line “A”; thence South 82 degrees 39 minutes 36 seconds West, tangent to said curve, a distance
of 271.00 feet to said westerly line and said Line “A” there terminating.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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EXHIBIT C
TO
PURCHASE AGREEMENT
[BILLBOARD EASEMENT AGREEMENT – SOUTHWEST PARCEL]
When recorded, return to:
CLEAR CHANNEL OUTDOOR, INC.
2325 East Camelback Road, Suite 400
Phoenix, Arizona 85016
Attn: Senior Transactional Counsel
GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
THIS GRANT OF PERPETUAL EASEMENTS AND DECLARATION OF
RESTRICTIONS (this “Grant of Easements”) is made as of the _____ day of __________,
20___, by the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("Grantor"), in
favor of CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation ("Grantee").
Grantor owns that certain real estate described on Exhibit A attached hereto and made a
part hereof (the "Real Estate").
Grantee wishes to acquire certain easements over, under, upon and across the Real Estate,
which easements will run with the land, and requires certain restrictions on the use of the Real
Estate in order to protect the value of said easements.
Grantor is willing to grant such easements to Grantee and to impose such restrictions in
connection therewith.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Sign Easement
(a) Grantor hereby grants to Grantee and its grantees, successors and assigns a
perpetual, exclusive easement (the "Sign Easement") for the construction, maintenance, repair,
dismantling, replacement, alteration, improvement, operation, display, illumination and use of
outdoor advertising sign structures, appurtenances and related property and equipment as described
and depicted on Exhibit B hereto (the “Billboard”) over, under, upon and across that portion of the
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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Real Estate legally described and depicted on Exhibit C attached hereto and made a part hereof
(the "Sign Easement Area"). The Billboard is a legal nonconforming use under Minnesota law and
the City of St. Louis Park zoning ordinance. The Billboard’s use and structure shall comply with
all zoning and other applicable regulations.
(b) Grantor and Grantee obtained No Association Letters for the Real Estate
through the Minnesota Pollution Control Agency (“MPCA”) under Project No. VP32710 in
connection with contaminated soils that exist on the Real Estate. Grantee, at its sole cost, is
responsible for complying with all MPCA requirements related to disturbance of soil in connection
with the installation of the Billboard and any use of the Real Estate under the terms of this
Easement Agreement.
(c) Grantor shall have the right to use the Sign Easement Area for drainage and
utility purposes which do not interfere with Grantee’s rights granted herein.
2. Access Easement.
Grantor hereby grants to Grantee and its grantees, successors and assigns a perpetual, non-
exclusive easement for vehicular and pedestrian ingress to and egress from the Sign Easement
Area (the "Access Easement") over, under, upon and across that portion of the Real Estate legally
described and depicted on Exhibit D attached hereto and made a part hereof (the "Access
Easement Area").
3. Utility Easement.
Grantor hereby grants to Grantee and its grantees, successors and assigns a perpetual, non-
exclusive easement for the installation, maintenance, repair, replacement and provision of utilities
to service the Sign Easement Area (the "Utility Easement") over, under, upon and across that
portion of the Real Estate legally described and depicted on Exhibit E attached hereto and made a
part hereof (the "Utility Easement Area"). Grantee may allow a public utility to use the Utility
Easement and Utility Easement Area to the same extent as Grantee.
4. Visibility Restrictions. Grantor hereby grants to Grantee and its grantees,
successors and assigns a perpetual, non-exclusive easement for visibility purposes to serve the
billboard located within the Sign Easement Area (“Visibility Easement”) over, under, upon and
across that portion of the Real Estate legally described and depicted on Exhibit F attached hereto
and made a part hereof (the “Visibility Easement Area”). Grantor imposes the following
restrictions with respect to the Visibility Easement Area:
(a) Grantor will not make any plantings or improvements whatsoever on, or
otherwise use, the Visibility Easement Area in a manner that would obstruct, partially or entirely,
the view from Highway 7 of the face of the Billboard constructed in the Sign Easement Area,
except as currently used for roadway purposes or for required signage necessary for roadway
purposes. Grantor will not plant vegetation within the right of way located west of the Sign
Easement Area between Lake Street (also known as Kilmer Lane) and Highway 7 in a manner that
would obstruct, partially or entirely, the view from Highway 7 of the face of the Billboard.
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(b) Grantor hereby grants to Grantee and its successors and assigns, the right to
trim or remove any vegetation, structures or improvements on the Visibility Easement Area which
would obstruct, partially or entirely, the view from Highway 7 of the Billboard constructed within
the Sign Easement Area, except for such uses allowed under subsection (a). Grantor hereby grants
to the Grantee and its successors and assigns, the right to trim or remove any vegetation in the right
of way located west of the Sign Easement Area between Lake Street (also known as Kilmer Lane)
and Highway 7 which would obstruct, partially or entirely, the view from Highway 7 of the
Billboard constructed within the Sign Easement Area. Grantor shall coordinate tree trimming and
removal vegetation with the Grantor’s Resources Coordinator or other Grantor designated
employee prior to trimming or removal.
5. Additional Terms.
(a) Notwithstanding anything to the contrary herein, all provisions of this Grant
of Easements shall run with the land and are binding upon and shall inure to the benefit of the
heirs, legal representatives, assigns, successors, and tenants of Grantee and Grantor.
(b) Grantor shall be responsible for the payment of all ad valorem taxes,
mechanic’s or materialmen’s liens assessed against the Real Estate, and Grantee shall be
responsible for the payment of all taxes separately assessed against the easements and the Billboard
structure(s), and any licenses, fees, permits and similar charges which may be lawfully imposed
upon Grantee for the use or operation of the easements. If either Grantee or Grantor fails to pay
the taxes or assessments for which it is responsible, the other party shall have the right, but not the
obligation, to pay such taxes and/or assessments on behalf of the party responsible for such
payments and to be reimbursed therefor on demand.
(c) If any portion of the easements granted herein, or the portion of the Real
Estate immediately surrounding the area upon which the Billboard is located, is the subject of an
offer of acquisition, is acquired, is taken or is threatened to be taken by condemnation or eminent
domain or conveyance in lieu thereof, or a certificate of convenience or necessity is issued by a
governmental or quasi-governmental entity or a private party in conjunction with a governmental
or quasi-governmental entity, then Grantee shall be entitled to seek compensation from such entity
or party, for the value of its total interest in and to the easements and under this Grant of
Easements, including the revenues to be earned by Grantee from the easements and the value of its
property situated on the easements, and the Grantor shall be entitled to seek compensation from
such entity or party for the value of its interest in and to the Real Estate.
(d) Grantee shall have the right to assign or transfer in whole or in part, and
subject to this Grant of Easements, every feature of Grantee’s rights and obligations hereunder and
to the easements.
(e) This Grant of Easements shall be governed exclusively by the provisions
hereof and by the laws of the state in which the Real Estate is located, as the same may, from time
to time, exist without regard to conflicts of laws provisions.
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(f) If any term or provision of this Grant of Easements or the application
thereof to any person or circumstance shall to any extent be invalid or unenforceable, the
remainder of this Grant of Easements, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby, and each term and provision of this Grant of Easements shall be valid and enforceable to
the fullest extent permitted by law.
(g) Grantee shall indemnify Grantor for all claims, losses, judgments, damages,
or costs incurred, including attorney’s fees, resulting from the Grantee’s exercise of the rights and
privileges herein granted.
(h) This Grant of Easements constitutes the entire agreement between Grantor
and Grantee relating to the easements described herein, and any prior agreement, promises,
negotiations, or representations not expressly set forth in this Grant of Easements are of no force
and effect. Any amendment to this Grant of Easements shall be of no force and effect unless it is
in writing and signed by the Grantor and Grantee.
(i) This Grant of Easements may be executed in several counterparts; all of
which together shall constitute one and the same instrument, and each of which shall be deemed an
original hereof.
(j) If the Sign Easement is terminated or the Billboard located within the Sign
Easement is permanently removed, this Easement shall immediately terminate.
In Witness Whereof, this Grant of Perpetual Easements and Declaration of Restrictions has
been executed as of this _____ day of _____________________, 2016.
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186858v7 19
GRANTOR:
CITY OF ST. LOUIS PARK
By:
Jake Spano, Mayor
And:
Thomas K. Harmening, City Manager
Acknowledgment
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that Jake Spano and Thomas K. Harmening, personally known to me to be the Mayor
and City Manager, respectively, of the City of St. Louis Park, a Minnesota municipal corporation,
and the same persons whose names are subscribed to the foregoing instrument, appeared before me
this day in person, and acknowledged that they signed, sealed and delivered the said instrument in
their said capacity and as their free and voluntary act on behalf of the municipal corporation and
pursuant to the authority granted by its City Council for the uses and purposes therein set forth.
Given under my hand and official seal, this _____ day of _______________, 2016.
Notary Public
My Commission Expires _____________________, 20___.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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186858v7 20
GRANTEE:
CLEAR CHANNEL OUTDOOR, INC.,
a Delaware corporation
By:
Its:
Acknowledgment
State of )
) SS
County of )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that _______________________, personally known to me to be the
________________ of CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, and the
same person whose name is subscribed to the foregoing instrument, appeared before me this day in
person, and acknowledged that he/she signed, sealed and delivered the said instrument in his/her
said capacity and as his/her free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and official seal, this _____ day of _______________, ________.
Notary Public
My Commission Expires _____________________, 20___.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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EXHIBIT A
TO GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
Lot 1, Block 158, except that part lying Southwesterly of a line drawn from a point in the
Southeasterly line of said Lot 1 distant 110 feet Northeasterly of the Southwest corner of said lot 1
to the Southwest corner of Lot 5, Block 323 said plat and there terminating; Lot 1, Block 159; and
Lots 4 and 5, Block 323, All in “Rearrangement of St. Louis Park” Hennepin County, Minnesota.
Together with that part of the adjacent vacated streets that accrued thereto by reason of the
vacation thereof.
Excepting therefrom that part taken by the City of St. Louis Park, a Minnesota municipal
corporation, described as follows: That part of Lots 4 and 5, Block 323, part of vacated 37th Street
(FKA 1st St. NW), part of Lot 1, Block 159, and that part of vacated Hurst Street,
REARRANGEMENT OF ST. LOUIS PARK, according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Beginning at the most northwesterly corner of Lot 1, Block 1, LOUISANA ALIGNMENT,
according to the recorded plat thereof, Hennepin County, Minnesota; thence South 57 degrees 25
minutes 25 seconds East, assumed bearing along the most northwesterly line of said Lot 1, a
distance of 29.02 feet; thence South 52 degrees 05 minutes 19 seconds West, along the
northwesterly line of said Lot 1, a distance of 95.46 feet; thence westerly 241.02 feet along a non-
tangential curve, concave to the south, central angle 11 degrees 07 minutes 07 seconds, radius
1242.00 feet, chord bearing South 88 degrees 13 minutes 09 seconds West, chord length 240.64
feet; thence South 82 degrees 39 minutes 36 seconds West, along tangent 271.00 feet to the
westerly line of said Lot 5, Block 323; thence North 13 degrees 46 minutes 31 seconds West, along
said westerly line 5.74 feet to the southerly right of way line of State Highway No. 7; thence North
78 degrees 50 minutes 15 seconds East, along said southerly right of way line 572.36 feet to the
point of beginning.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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EXHIBIT B
TO GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
DESCRIPTION AND DEPICTION OF BILLBOARD
Special City Council Meeting of June 27, 2016 (Item No. 2a)
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EXHIBIT C
TO GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
LEGAL DESCRIPTION AND SURVEY OF SIGN EASEMENT AREA
An easement for sign purposes over, under and across that part of Lot 5, Block 323,
“Rearrangement of St. Louis Park”, vacated 37th Street, formerly First Street Northwest, as
dedicated in said “Rearrangement of St. Louis Park”, and Kilmer Lane, formerly Frontage Road, as
dedicated in LOUISIANA ALIGNMENT, according to the recorded plats thereof, Hennepin
County, Minnesota, described as follows:
Beginning at the intersection of the westerly line of said Lot 5 and a line hereinafter
referred to as Line “A”; thence North 82 degrees 39 minutes 36 seconds East along said
Line “A”, a distance of 28.64 feet; thence South 11 degrees 09 minutes 45 seconds East a
distance of 57.39 feet; thence South 78 degrees 50 minutes 15 seconds West a distance of
39.00 feet; thence North 11 degrees 09 minutes 45 seconds West a distance of 60.00 feet to
the westerly extension of said Line “A”; thence North 82 degrees 39 minutes 36 seconds
East, along said line extension, a distance of 10.45 feet to said point of beginning.
Line “A”
Commencing at the most northwesterly corner of Lot 1, Block 1, said LOUISIANA
ALIGNMENT; thence South 57 degrees 25 minutes 25 seconds East, along the most northwesterly
line of said Lot 1, a distance of 29.98 feet to an angle point on said northwesterly line; thence
South 52 degrees 05 minutes 19 seconds West, continuing along said northwesterly line, a distance
of 95.46 feet; thence westerly a distance of 241.02 feet along a non-tangential curve, concave to
the south, having a radius of 1242.00 feet, a central angle of 11 degrees 07 minutes 07 seconds, and
a chord bearing of South 88 degrees 13 minutes 09 seconds West to the point of beginning of said
“Line “A”; thence South 82 degrees 39 minutes 36 seconds West, tangent to said curve, a distance
of 271.00 feet to said westerly line of Lot 5 and said Line “A” there terminating.
Said sign easement contains 2,289 square feet, more or less.
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186858v7 25
EXHIBIT D
TO GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
LEGAL DESCRIPTION AND SURVEY OF ACCESS EASEMENT AREA
An easement for access purposes over and across that part of Kilmer Lane, formerly Frontage
Road, as dedicated in LOUISIANA ALIGNMENT, according to the recorded plat thereof,
Hennepin County, Minnesota, described as follows:
Commencing at the intersection of the westerly line of Lot 5, Block 323, “Rearrangement of St.
Louis Park”, according to the recorded plat thereof and a line hereinafter referred to as Line “A”;
thence South 82 degrees 39 minutes 36 seconds West, along the westerly extension of said Line
“A”, a distance of 10.45 feet to the point of beginning of said access easement to be described;
thence South 11 degrees 09 minutes 45 seconds East a distance of 60.00 feet; thence North 78
degrees 50 minutes 15 seconds East a distance of 36.25 feet to the easterly line of said Frontage
Road; thence South 25 degrees 40 minutes 40 seconds East, along said easterly line, a distance of
41.69 feet to a point on said easterly line, distant 50.63 feet south of the south line of said Lot 5, as
measured along said easterly line; thence northwesterly a distance of 69.54 feet along a non-
tangential curve, concave to the southwest, having a radius of 466.00 feet, a central angle of 8
degrees 33 minutes 02 seconds, and a chord which bears North 65 degrees 54 minutes 33 seconds
West; thence North 11 degrees 09 minutes 45 seconds West a distance of 60.93 feet; thence North
82 degrees 39 minutes 36 seconds East a distance of 10.06 feet to said point of beginning.
Together with an easement for access purposes 20.00 feet in width, over and across that part of
said Lot 5, and vacated 37th Street, formerly First Street Northwest, as dedicated in said
“Rearrangement of St. Louis Park”. The westerly line of said 20.00 foot wide easement is
described as follows:
Commencing at the intersection of the westerly line of said Lot 5 and said Line “A”; thence North
82 degrees 39 minutes 36 seconds East along said Line “A”, a distance of 28.64 feet to the point of
beginning of said westerly line to be described; thence South 11 degrees 09 minutes 45 seconds
East a distance of 57.39 feet and said westerly line there terminating.
The sidelines of said 20.00 foot wide easement shall be prolonged or shortened to terminate along
said Line “A”.
Line “A”
Commencing at the most northwesterly corner of Lot 1, Block 1, said LOUISIANA
ALIGNMENT; thence South 57 degrees 25 minutes 25 seconds East, along the most northwesterly
line of said Lot 1, a distance of 29.98 feet to an angle point on said northwesterly line; thence
South 52 degrees 05 minutes 19 seconds West, continuing along said northwesterly line, a distance
of 95.46 feet; thence westerly a distance of 241.02 feet along a non-tangential curve, concave to
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 29
186858v7 26
the south, having a radius of 1242.00 feet, a central angle of 11 degrees 07 minutes 07 seconds, and
a chord bearing of South 88 degrees 13 minutes 09 seconds West to the point of beginning of said
“Line “A”; thence South 82 degrees 39 minutes 36 seconds West, tangent to said curve, a distance
of 271.00 feet to said westerly line of Lot 5 and said Line “A” there terminating.
Said access easements contain 2,621 square feet, more or less.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 30
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Special City Council Meeting of June 27, 2016 (Item No. 2a) Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange ProjectPage 31
186858v7 28
EXHIBIT E
TO GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
LEGAL DESCRIPTION AND SURVEY OF UTILITY EASEMENT AREA
An easement for utility purposes over, under, and across that part of Kilmer Lane, formerly
Frontage Road, as dedicated in LOUISIANA ALIGNMENT, according to the recorded plat
thereof, Hennepin County, Minnesota, described as follows:
Commencing at the intersection of the westerly line of Lot 5, Block 323, “Rearrangement of St.
Louis Park”, according to the recorded plat thereof and a line hereinafter referred to as Line “A”;
thence South 82 degrees 39 minutes 36 seconds West, along the westerly extension of said Line
“A”, a distance of 10.45 feet to the point of beginning of said utility easement to be described;
thence South 11 degrees 09 minutes 45 seconds East a distance of 60.00 feet; thence North 78
degrees 50 minutes 15 seconds East a distance of 36.25 feet to the easterly line of said Frontage
Road; thence South 25 degrees 40 minutes 40 seconds East, along said easterly line, a distance of
41.69 feet to a point on said easterly line, distant 50.63 feet south of the south line of said Lot 5, as
measured along said easterly line; thence northwesterly a distance of 69.54 feet along a non-
tangential curve, concave to the southwest, having a radius of 466.00 feet, a central angle of 8
degrees 33 minutes 02 seconds, and a chord which bears North 65 degrees 54 minutes 33 seconds
West; thence North 11 degrees 09 minutes 45 seconds West a distance of 60.93 feet; thence North
82 degrees 39 minutes 36 seconds East a distance of 10.06 feet to said point of beginning.
Line “A”
Commencing at the most northwesterly corner of Lot 1, Block 1, said LOUISIANA
ALIGNMENT; thence South 57 degrees 25 minutes 25 seconds East, along the most northwesterly
line of said Lot 1, a distance of 29.98 feet to an angle point on said northwesterly line; thence
South 52 degrees 05 minutes 19 seconds West, continuing along said northwesterly line, a distance
of 95.46 feet; thence westerly a distance of 241.02 feet along a non-tangential curve, concave to
the south, having a radius of 1242.00 feet, a central angle of 11 degrees 07 minutes 07 seconds, and
a chord bearing of South 88 degrees 13 minutes 09 seconds West to the point of beginning of said
“Line “A”; thence South 82 degrees 39 minutes 36 seconds West, tangent to said curve, a distance
of 271.00 feet to said westerly line of Lot 5 and said Line “A” there terminating.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 32
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186858v7 30
EXHIBIT F
TO GRANT OF PERPETUAL EASEMENTS AND
DECLARATION OF RESTRICTIONS
LEGAL DESCRIPTION AND SURVEY OF VISIBILITY EASEMENT AREA
An easement for view purposes over and across that part of Lots 4 and 5, Block 323,
“Rearrangement of St. Louis Park”, according to the recorded plat thereof, Hennepin County,
Minnesota, described as follows:
Commencing at the most northwesterly corner of Lot 1, Block 1, LOUISIANA ALIGNMENT,
according to the recorded plat thereof ; thence South 57 degrees 25 minutes 25 seconds East, along
the most northwesterly line of said Lot 1, a distance of 29.98 feet to an angle point on said
northwesterly line; thence South 52 degrees 05 minutes 19 seconds West, continuing along said
northwesterly line, a distance of 95.46 feet; thence westerly a distance of 241.02 feet along a non-
tangential curve, concave to the south, having a radius of 1242.00 feet, a central angle of 11
degrees 07 minutes 07 seconds, and a chord bearing of South 88 degrees 13 minutes 09 seconds
West; thence South 82 degrees 39 minutes 36 seconds West, tangent to said curve, a distance of
242.10 feet to a point distant 28.64 feet east, as measured along the extension of the last described
course, from the west line of said Lot 5, said point being the point of beginning of said view
easement to be described; thence North 82 degrees 39 minutes 36 seconds East a distance of
242.10 feet to said point of tangency; thence easterly a distance of 17.23 feet, along a tangential
curve, concave to the south, having a radius of 1242.00 feet and a central angle of 0 degrees 47
minutes 42 seconds; thence South 71 degrees 56 minutes 21 seconds West, not tangent to the last
described curve, a distance of 260.64 feet to the intersection of a line drawn South 11 degrees 09
minutes 45 seconds East from the point of beginning; thence North 11 degrees 09 minutes 45
seconds West a distance of 48.71 feet to said point of beginning.
Together with an easement for view purposes 10.00 feet in width, over and across that part of
Kilmer Lane, formerly Frontage Road, as dedicated in said Louisiana Alignment. The easterly line
of said 10.00 foot wide easement is described as follows:
Commencing at the point of beginning of the above described easement; thence South 82 degrees
39 minutes 36 seconds West a distance of 39.09 feet to the point of beginning of said easterly line
to be described; thence South 11 degrees 09 minutes 45 seconds East a distance of 55.84 feet and
said easterly line there terminating.
Said view easements contain 6,880 square feet, more or less.
Special City Council Meeting of June 27, 2016 (Item No. 2a)
Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange Project Page 34
186858v7 31
Special City Council Meeting of June 27, 2016 (Item No. 2a) Title: Approve Right-of-Way Purchase – Highway 7/Louisiana Avenue Interchange ProjectPage 35
Meeting: Study Session
Meeting Date: June 27, 2016
Discussion Item: 1
EXECUTIVE SUMMARY
TITLE: Future Study Session Agenda Planning – July 11, 2016
RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for
the regularly scheduled Study Session on July 11, 2016.
POLICY CONSIDERATION: Does the Council agree with the agenda as proposed?
SUMMARY: At each study session approximately five minutes are set aside to discuss the next
study session agenda. For this purpose, attached please find the proposed discussion items for
the regularly scheduled Study Session on July 11, 2016.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Tentative Agenda – July 11, 2016
Prepared by: Debbie Fischer, Administrative Services Office Assistant
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 1) Page 2
Title: Future Study Session Agenda Planning – July 11, 2016
JULY 11, 2016
6:30 p.m. – Study Session
Tentative Discussion Items
1. Future Study Session Agenda Planning – Administrative Services (5 minutes)
2. SWLRT Update – Community Development (20 minutes)
This will be an update on various aspects of SWLRT including current schedule and next
steps.
3. American Legion Proposed Ordinance Amendment – Administrative Services (30 minutes)
Follow-up discussion requested by City Council regarding the ordinance amendment
proposed by the American Legion to exempt clubs from the 50/50 food & beverage
requirement. Representatives from the American Legion will be in attendance.
Written Reports
4. Floodplain Ordinance DNR Model
5. Parkway 25
6. Assessment Policy - Draft
7. Update on Water Treatment Plant #4
8. Health in the Park Update
Meeting: Study Session
Meeting Date: June 27, 2016
Discussion Item: 2
EXECUTIVE SUMMARY
TITLE: Remodeling of City Council Chambers
RECOMMENDED ACTION: Staff requests direction from Council on the remodeling of the
Council Chambers.
POLICY CONSIDERATION: Does the City Council want staff to further explore the
remodeling of the Council chambers and, if so, to what extent?
SUMMARY: Carpeting and finishes were last replaced in the room during 1999. Regular wear
of these items require the periodic replacement incorporated into the capital replacement plan for
facilities. The 2017 budget includes $300,000 for replacement of wall and floor coverings, chairs,
installation of LED indirect lighting fixtures, and replacement ceiling tiles. $100,000 is also
specified for technology replacement and updates. The remodeling of the Chambers would be the
final portion of a three phase remodeling plan being completed for City hall.
Before pursuing any further planning of the Council Chambers, direction is needed to determine
if the current orientation of the space is desirable for the next 15 – 20 year life cycle of the new
finish materials. The public entry into the council chambers from the front/side is atypical and
generally not welcoming. The current layout also present security concerns.
Brady Mueller and Cindy Douthett Nagel with Krech, O’Brien, Mueller and Assoc., architect from
the first floor/entrance project, will be attending with Police and Information Resources staff to
discuss existing layout considerations, safety, technology (primarily monitors and dais design),
and possible orientation opportunities. Concept sketches of how a revised Council Chambers
could be designed will be provided by the architect during the discussion.
FINANCIAL OR BUDGET CONSIDERATION: This project will be funded via the Capital
Replacement Fund.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: None
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
Meeting: Study Session
Meeting Date: June 27, 2016
Discussion Item: 3
EXECUTIVE SUMMARY
TITLE: Construction Noise Regulations
RECOMMENDED ACTION: None at this time. This report and discussion is in response to a
request from the city council a number of months ago regarding concerns related to construction
noise impacts on surrounding residential properties.
POLICY CONSIDERATION: Are further regulations needed to control construction noise?
SUMMARY: Staff was asked by council to research the issue of construction noise in the city’s
residential neighborhoods and return to council for a discussion.
The current noise ordinance regulates construction activities involving the use of power
equipment, manual tools, movement of equipment, or other activities. The city’s ordinance limits
hours of operation between 7:00 a.m. and 10:00 p.m. on weekdays and between the hours of 9:00
a.m. and 10:00 p.m. on weekends and holidays. This information is communicated to contractors
for both commercial and residential projects.
Research of surrounding city ordinances found, in some cases, similar hours of operation in their
noise ordinances. Start and end times may vary by an hour or so during weekdays and
weekends/holidays. One city does not allow construction on Sundays or holidays.
FINANCIAL OR BUDGET CONSIDERATION: None.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
Prepared by: Ann Boettcher, Inspection Services Manager
Reviewed by: Brian Hoffman, Direction of Inspections
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 3) Page 2
Title: Construction Noise Regulations
DISCUSSION
Current Regulation
Chapter 12, Article 4 of the City Code includes provisions for many types of noise and vibration
from various sources. Section 12-124(c) is specifically for power equipment used in construction,
stating “no person shall engage in, permit, or allow construction activities involving the use of
power equipment, manual tools, movement of equipment, or other activities except between the
hours of 7:00 a.m. and 10:00 p.m. on weekdays and between the hours of 9:00 a.m. and 10:00 p.m.
on weekends and holidays”. This is the section regulating noise generation being referenced
throughout this discussion. The operation of equipment for snow removal is exempt from the
provisions of this section when initiated within 12 hours of the completion of the most recent
snowfall.
Many times during the early phases of construction there are various types of large construction
equipment used, major delivery of materials and numerous on-site construction workers, which
could cause disruption to a neighborhood. The Construction Management Plan (CMP), used for
residential projects, clearly states the allowed hours of operation for construction equipment
including but not limited to construction vehicles, power tools and other activities at the project
site and best practices for the contractor/applicant to follow. This has been a very useful tool in
avoiding issues between the contractor and residents. For commercial projects, the noise ordinance
is provided to the applicant as part of the permit approval process.
The City Code provides for a Temporary Noise Permit. For example this provision has been used
for the Hwy 100 and Hwy 7 projects when construction equipment needs to be in use during off
hours of road usage. It should be noted that City-performed street, utility maintenance and
construction do not require a temporary noise permit. This does not include City streets or
sidewalk construction projects that are completed by contractors or general park maintenance that
includes mowing and field preparation; these functions are required to follow City Code.
Comparison to Other Cities
Examples from surrounding communities’ hours of operation for construction equipment/activity
as compared to St. Louis Park:
City Weekdays Weekends & Holidays
Minneapolis - Residents 7:00 a.m. – 6:00 p.m. 9:00 a.m. – 6:00 p.m.
Minneapolis - Contractors 7:00 a.m. – 6:00 p.m. Requires a permit, currently
$155.90 per day
Edina 7:00 a.m. – 9:00 p.m. 8:00 a.m. – 7:00 p.m.
Eden Prairie 7:00 a.m. – 7:00 p.m.
Monday-Saturday
No construction activities
Sunday and Holidays
Golden Valley 7:00 a.m. – 10:00 p.m. 7:00 a.m. – 10:00 p.m.
Minnetonka 7:00 a.m. – 10:00 p.m. 7:00 a.m. – 10:00 p.m.
St. Louis Park 7:00 a.m. – 10:00 p.m. 9:00 a.m. – 10:00 p.m.
Study Session Meeting of June 27, 2016 (Item No. 3) Page 3
Title: Construction Noise Regulations
As demonstrated in the table, a 7:00 a.m. start time during the week is consistent with the other
communities. However, the end time is different during the week. On weekends, start and end
times vary, with one community that doesn’t allow any construction or equipment activity on
Sundays
Complaints
Staff receives a few construction noise complaints each year. These have been mainly noise issues
associated with commercial construction projects including starting construction earlier than
allowed by code. Police Dispatch is usually contacted, with notification to the City’s Building
Official. Construction Inspectors often remind contractors that starting, idling, and moving heavy
equipment is not permitted before 7:00 a.m. weekdays and 9 a.m. weekends and holidays.
Occasionally a resident has expressed concern over a neighbors building project like an addition
or in-ground pool. Excavation equipment and cement trucks are in close proximity to homes and
maybe running or idling for extended periods, typical for how diesel engines are often operated.
City Operations
If council wishes to consider any changes for operating construction equipment, there may be an
impact to City operations. Contractors for street or sidewalk construction are required to follow
the city code. If the starting time was to be pushed back, this could affect the timing of the
completion of these types of projects. Hours of operation also impact the ability for park
maintenance employees to complete their mowing schedules or any other outdoor work that would
require equipment to be used. Normal hours of operation for city operations and the contracting
community is to begin at 7 a.m. weekdays and 9 a.m. weekends and holidays.
.
Meeting: Study Session
Meeting Date: June 27, 2016
Discussion Item: 4
EXECUTIVE SUMMARY
TITLE: Public Process and Participation
RECOMMENDED ACTION: No action at this time.
POLICY CONSIDERATION: The purpose of this discussion is to determine what outcomes the
city council would like to see as a result of a uniform public participation/community engagement
model for city projects, actions and planning – across the life cycle of these activities. More
specifically:
What does community engagement and public participation mean to the council? What do
you want to achieve? Why do you want to involve the public?
What does a successful public participation process look and sound like when the council
is considering a proposal? What do you want to know, see and hear?
Once a decision is made, what outcomes will assure the council the city has conducted a
successful public participation process, even though there may still be opposition to what
is proposed and ultimately decided by council?
SUMMARY: In the past year, the city has undertaken several projects, during or after which both
residents and city council members expressed dissatisfaction with the process undertaken to solicit
feedback and community involvement prior to approval of or decisions around those projects.
Examples include the Connect the Park! sidewalk project in the Aquila neighborhood, the outdoor
recreation facility and a variety of development projects.
As the city begins planning for the 2030 comprehensive plan; anticipates that development growth
will continue at its current pace; and looks ahead to upcoming pavement management and sidewalk
projects, among other items, it’s important for both staff and city council to agree on what
outcomes would be the result of a successful public participation process. It’s also important to be
clear to our residents how they can participate and what outcomes they can expect. Discussion
questions are outlined above under Policy Considerations. Agreeing on outcomes will help staff
to reinforce, improve or overhaul current practices to meet the expectations of both residents and
council.
FINANCIAL OR BUDGET CONSIDERATION: None at this time.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: Discussion
Public Participation Spectrum (International Association of
Public Participation)
Prepared by: Jacqueline Larson, Communications and Marketing Manager
Reviewed by: Clint Pires, Chief Information Officer
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 4) Page 2
Title: Public Process and Participation
DISCUSSION
“If I had an hour to solve a problem and my life depended on the answer, I would spend the first
55 minutes figuring out the proper questions to ask. For if I knew the proper questions, I could
solve the problem in less than five minutes.” – Albert Einstein
“Begin with the end in mind.” – Stephen Covey
According to a presentation by ICMA, the Alliance for Innovation and Arizona State University,
the benefits of public participation done properly include an improved civic capacity and increased
community attachment; increased civility and trust in government, policies and programs that hold
up over time; and reduced costs, gridlock and power of special interests. Public participation done
poorly – without clear expectations of the level of influence and the type of input requested – can
create exactly the opposite: distrust in government, detachment from the community and increased
staff and council time spent handling upset residents.
The International Association of Public Participation (IAP2) has developed a public participation
spectrum (attached) that assists organizations in determining what type of public participation they
wish to solicit before embarking on a plan for that public participation. This allows for authenticity
and transparency throughout the process by setting expectations at the beginning for what type of
input is requested and what impact stakeholders and the public can have on the outcome through
public participation.
The IAP2 also outlines seven core values for public participation, which are offered below for the
purposes of council discussion.
1. Public participation is based on the belief that those who are affected by a decision have a
right to be involved in the decision-making process.
2. Public participation includes the promise that the public’s contribution will influence the
decision.
3. Public participation promotes sustainable decisions by recognizing and communicating the
needs and interests of all participants, including the decision makers.
4. Public participations seeks out and facilitates the involvement of those potentially affected
by or interested in a decision.
5. Public participation seeks input from participants in designing how they participate.
6. Public participation provides participants with the information they need to participate in
a meaningful way.
7. Public participation communicates to participants how their input affected the decision.
Next Steps: After the council discussion on public participation, suggested next steps include
presenting an audit of existing public participation/engagement efforts, and convening a
community conversation to learn how residents wish to be involved and identifying potential issues
that require public participation. These later steps may best be accomplished via a consultant
versed in public participation and who provides a neutral viewpoint. Assuming Council is
comfortable with these next steps, it is expected that the audit would be provided to Council by
later this summer and the community conversation would be held this fall.
Study Session Meeting of June 27, 2016 (Item No. 4) Page 3
Title: Public Process and Participation
Public Participation Spectrum
(Developed by the International Association of Public Participation)
INFORM CONSULT INVOLVE COLLABORATE --> EMPOWER
PUBLIC
PARTICIPATION
GOAL
To provide the
public with
balanced &
objective
information to
assist them in
understanding
the problems,
alternatives
and/or finding
solutions.
To obtain
public
feedback on
analysis,
alternatives
and/or
decision.
To work
directly with
the public
throughout the
process to
ensure public
issues &
concerns are
consistently
understood &
considered.
To partner with the
public in each
aspect of the
decision including
the development
of alternatives and
the identification
of the preferred
solution.
To place final
decision-
making in the
hands of the
public.
USE WHEN Want buy in
but no specific
input
Seeking
specific public
input that will
be taken into
account when
making
decision (not
just buy in)
Want to
engage
stakeholders
early &
throughout the
process, rather
than at only
one or two
points.
Intend to bring
together a diverse
set of stakeholders
to work on an issue
& seek consensus.
Intend to give
decision
making
authority to
the public on
all or part of
the decision.
PROMISE TO THE
PUBLIC
We will keep
you informed.
We will keep
you informed,
listen to &
acknowledge
concerns &
provide
feedback on
how public
input
influenced
the decision.
We will work
with you to
ensure that
your concerns
and issues are
directly
reflected in the
alternatives
developed and
provide
feedback on
how public
input
influenced the
decision.
We will look to you
for direct advice
and innovation in
formulating
solutions and
incorporate your
advice and
recommendation
into the decisions
to the maximum
extent possible.
We will
implement
what you
decide.
POSSIBLE TOOLS Website
Social
Media
Open
Houses
Newsletter
Media
Public
Comment
Focus
groups
Surveys
Public
Meetings
Workshops
Deliberate
polling
Citizen
advisory
committees
Consensus
building
Participatory
decision
making
Ballots
Delegated
decisions
EXAMPLES Property taxes,
water meter
replacement
project
Playground
designs,
outdoor skate
park location,
sidewalk
installations
Zero waste
packaging,
comprehensive
plan
Vision St. Louis
Park
Bond
referendums
Study Session Meeting of June 27, 2016 (Item No. 4) Page 4
Title: Public Process and Participation
Definitions
Stakeholders: any individual, group of individuals, organization or political entity with an interest
or stake in the outcome of a decision. May include service/civic organizations, residents,
businesses, faith-based community, government and non-profits.
Public: Those stakeholders who are not typically part of the decision-making entity or entities.
Public Participation: Any process that involves the public in problem solving or decision-making
and that uses public input to make better decisions.
Meeting: Study Session
Meeting Date: June 27, 2016
Discussion Item: 5
EXECUTIVE SUMMARY
TITLE: Vision and Comprehensive Plan Update
RECOMMENDED ACTION: Discuss ideas related to embarking on the next Vision and
Comprehensive Plan process.
POLICY CONSIDERATION: Does the City Council support the proposed approach to moving
forward on the Visioning/Comprehensive Plan process?
SUMMARY: In March of this year Staff laid out in broad strokes the process for updating St.
Louis Park’s Vision and Comprehensive Plan. St. Louis Park’s Vision and Comprehensive Plan
set the overall, long range direction for the City’s future. The Vision sets forth direction and the
Comprehensive Plan provides goals, policies and implementation for achieving the Vision.
Together they give the framework for both day-to-day and longer range planning and decision
making for the community.
The previous Visioning processes laid a strong foundation for the direction of the city. The
processes were very fruitful and have changed St. Louis Park significantly. Every 10 years the city
is required to update its Comprehensive Plan; it is due at the end of 2018. The first step was to
investigate Vision process ideas and identify a consultant or consultants to help us with the
Visioning process and preparing the overall Comprehensive Plan. The goal is to have a consultant
on board by the end of the summer so that a Visioning update process can begin this fall. We
know also that the process must include robust outreach to all elements of our community.
Over the past weeks and months since March we have searched for potential consultants to work
with us and we have begun to refine the design for Comprehensive Plan the process. At this study
session we want to discuss the process for moving forward. The basic approach for completing
the Vision/Comp Plan update envisioned is:
1. Hire a consultant to work with us specifically on the Visioning process this fall; and
2. Hire a consultant to handle the preparation of the actual Comprehensive Plan document.
Their work will be supported by additional technical consultants as necessary.
Assuming the City Council supports this planning approach, our goal is to schedule the prospective
Visioning consultants to meet the City Council in mid to late July.
FINANCIAL OR BUDGET CONSIDERATION: The Vision and Comprehensive Plan process
will require financial resources from the city. The amount of resources is yet to be determined.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: Discussion
Prepared by: Meg J. McMonigal, Principal Planner
Sean Walter, Planning and Zoning Supervisor
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 5) Page 2
Title: Vision and Comprehensive Plan Update
DISCUSSION
VISION BACKGROUND: The City conducted two major Visioning processes in 1995 and
2005. The outcomes of these processes provide a very strong basis for the community’s direction
– and these directions have provided a solid foundation of goals and policies that have served the
community (and the city government) very well for the past 20+ years.
Time to Revisit Visioning
A new Vision process will need to build on that foundation. The directions chosen in past
processes continue to be important and relevant. New initiatives and directions will be identified
and incorporated into the Vision and the City’s Plan. It is expected the Vision not necessarily start
over, but will evolve further with this next process as additional direction is garnered.
Recent History of Vision and Comprehensive Planning
Vision St. Louis
Park
Comprehensive
Plan
New/General Themes
1995 1998 Livable Communities principles, Plan by Neighborhood
2005 2009 Connecting Community, Environment, Housing, Arts
2016 2018 Possible: Health, Resilience, Sustainability, LRT, equity,
technology and others
Vision St. Louis Park 2016-17
For the upcoming Vision process, Staff has been researching approaches, methods and consultants.
The goals in this research are to (1) build on the strength of previous Vision outcomes; (2) provide
a new approach; (3) address the future trends and innovations that affect the community; (4)
provide for extensive community engagement; and (5) incorporate city initiatives from the past 10
years.
To that end, Staff has identified two potential consultant candidates that have a track record of
conducting vision processes for communities in the Twin Cities area. Both are also “futurists,”
which means each is able to engage the community in a manner that anticipates, innovates and
adapts to future changes and trends.
NEXT STEPS:
The next steps for the Vision process will be:
Summer/Fall
Select consultant for Visioning
Develop detailed community engagement process
Develop branding and communications plan for the effort
Organize internal/interdepartmental teams
Design a process, with consultant, for community engagement.
Begin informing the community about the influence the previous Vision processes have
had on the community and the progress toward the goals and priorities previously
identified.
Begin promoting Vision engagement process
Begin Vision engagement
Study Session Meeting of June 27, 2016 (Item No. 5) Page 3
Title: Vision and Comprehensive Plan Update
Background on Vision Processes
Vision St. Louis Park - Mid-1990s
In 1994-95 the City undertook the first Vision process, in response to citizens desire to rebuild and
strengthen the sense of community. A committee of community members representing
government, schools, businesses, community organizations, religious institutions, and St. Louis
Park residents adopted a vision statement for the City. The committee identified strategic issues
to be addressed in order to direct the City’s future to achieve this vision, “St. Louis Park: our
community of choice for a lifetime.”
The 1998 Comprehensive Plan addressed Vision St. Louis Park objectives in the goals and
implementation strategies of its various chapters.
New directions that resulted from this process included:
Building a Town Center as an identifiable focal point for the entire City
Creating a more walkable community.
Building strong connections between residents and the community. Improving public
transit and pedestrian and bicycle facilities.
Improving the City’s livability, by adopting principles that promote a human scale and
create a relatedness between private development and a walkable street, favor transit-
oriented and pedestrian-oriented development; higher densities, and a mix of uses;
mixed-income, life-cycle housing; and connections between people, jobs, schools, parks,
and services.
Regarding neighborhoods as the cornerstones for the community.
Ensuring all housing is safe and well maintained and provide a balanced and sustainable
housing stock to meet diverse needs both today and in the future.
Vision St. Louis Park – 2005
The City’s 2005 Vision Process developed Focus Areas and Strategic Directions for the future.
The current 2009 Comprehensive Plan incorporated the Vision Focus Areas and Strategic
Directions into it. (http://www.stlouispark.org/comprehensive-plan.html):
The Vision 2005 Focus Areas are:
Arts and Culture
Community Events
Environment
Gathering Places
Housing
Sidewalks and Trails
Diversity
Transportation
Vision 2005 Strategic Directions are:
St. Louis Park is committed to:
Being a connected and engaged community.
Being a leader in environmental stewardship. We will increase environmental
consciousness and responsibility in all areas of city business.
Providing a well-maintained and diverse housing stock.
Committed to promoting and integrating arts, culture, and community aesthetics in
all City initiatives, including implementation where appropriate.
Study Session Meeting of June 27, 2016 (Item No. 5) Page 4
Title: Vision and Comprehensive Plan Update
Background on Comprehensive Planning
Every 10 years the city is required to update its long range plan; the coming update is due at the
end of 2018. State law requires that a number of areas of regional importance be addressed,
including Land Use, Transportation, Water Resources, Parks and Trails, and Housing. In these
areas, the city needs to provide data and details to ensure it is being consistent with regional
planning efforts. St. Louis Park’s plan also includes much more local and detailed information,
including its own goals and policies that show its unique and local approach to governing.
St. Louis Park has always gone beyond the required elements, and has a plan that clearly shows
city direction, goals, policies, and efforts that are the City’s own. An example of this is the “Plan
by Neighborhood” section, which is a one-of-a-kind plan not imitated elsewhere.
Long range planning begins with defining the City’s Vision, and places both the required elements
and other sections in the context of the overall direction established via the vision process. In 1995
and 2005 the City created Vision processes with the community that set the stage for what the City
wanted its future to look like. The intent with the 2018 Plan is to build on that solid foundation
and continue to envision the future. A new, yet to be defined, community Vision Process is
expected to take place in 2016-17. It will utilize the existing Vision and Plan and work toward
what may be enhanced and modified over the next 10 years.
Meeting: Study Session
Meeting Date: June 27, 2016
Written Report: 6
EXECUTIVE SUMMARY
TITLE: May 2016 Monthly Financial Report
RECOMMENDED ACTION: No action required at this time.
POLICY CONSIDERATION: None at this time.
SUMMARY: The Monthly Financial Report provides a summary of General Fund revenues
and departmental expenditures and a comparison of budget to actual throughout the year.
FINANCIAL OR BUDGET CONSIDERATION: At the end of May, General Fund
expenditures total approximately 37% of the adopted annual budget. Please see the attached
analysis for more details on specific variances.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Summary of Revenues & Expenditures
Prepared by: Darla Monson, Senior Accountant
Reviewed by: Tim Simon, Chief Financial Officer
Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 6) Page 2
Title: May 2016 Monthly Financial Report
DISCUSSION
BACKGROUND: This report is designed to provide summary information of the overall level
of revenues and departmental expenditures in the General Fund and a comparison of budget to
actual throughout the year.
PRESENT CONSIDERATIONS: Actual expenditures should generally run at about 42% of
the annual budget at the end of May. General Fund expenditures are under budget at
approximately 37% of the adopted budget in May. Revenues tend to be harder to measure in this
same way due to the timing of when they are received, examples of which include property taxes
and State aid payments, and seasonal revenues for recreation. A few brief comments on specific
General Fund variances are noted below.
Revenues:
License and permit revenues are exceeding budget at 67%. This is due in part to that over 94%
of the 2016 business and liquor license payments have already been collected, which is
consistent with previous years. Permit revenue is at 58% through May. Commercial permit
activity in May included work at Japs-Olson, Methodist Hospital and Central Park West.
Expenditures:
The only small expenditure variance currently is Organized Recreation at 43%. This is a
temporary variance because the full 2016 Community Education contribution of $187,400 was
paid to the school district in January.
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Actual $2,755 $5,276 $7,921 $10,378 $12,716
Budget $2,840 $5,680 $8,521 $11,361 $14,201 $17,041 $19,882 $22,722 $25,562 $28,402 $31,243 $34,083
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$ THOUSANDS Monthly Expenditures ‐General Fund
Summary of Revenues & Expenditures - General Fund As of May 31, 201620162016201420142015201520162016 Balance YTD Budget BudgetAudited BudgetAudited Budget May YTD Remaining to Actual %General Fund Revenues: General Property Taxes21,157,724$ 21,176,542$ 22,364,509$ 22,653,095$ 23,597,282$ -$ 23,597,282$ 0.00% Licenses and Permits2,691,518 3,413,682 3,248,158 4,312,700 3,496,177 2,339,105 1,157,072 66.90% Fines & Forfeits320,150 369,545 320,200 263,951 341,200 105,955 235,245 31.05% Intergovernmental1,282,777 1,423,642 1,292,277 1,669,395 1,419,017 436,186 982,831 30.74% Charges for Services1,857,718 1,852,274 1,907,292 2,116,313 1,956,593 460,603 1,495,990 23.54% Miscellaneous Revenue1,112,369 1,302,160 1,196,018 1,357,373 977,546 435,954 541,592 44.60% Transfers In1,837,416 1,827,564 1,851,759 1,867,398 1,872,581 776,075 1,096,506 41.44% Investment Earnings 150,000 119,831 140,000 68,908 140,000 16,951 123,049 12.11% Other Income17,950 13,306 17,900 61,025 27,450 4,892 22,558 17.82% Use of Fund Balance286,325 - 254,891 - 254,891 0.00%Total General Fund Revenues30,427,622$ 31,498,546$ 32,624,438$ 34,370,158$ 34,082,737$ 4,575,720$ 29,507,017$ 13.43%General Fund Expenditures: General Government: Administration939,391$ 980,087$ 979,183$ 1,012,841$ 1,037,235$ 382,511$ 654,724$ 36.88% Accounting876,216 873,987 912,685 902,901 933,624 326,422 607,202 34.96% Assessing559,749 560,979 602,299 601,687 641,038 242,611 398,427 37.85% Human Resources693,598 788,823 805,929 857,950 748,718 312,020 436,698 41.67% Community Development1,151,467 1,118,444 1,245,613 1,253,687 1,385,036 499,004 886,032 36.03% Facilities Maintenance1,053,715 1,039,699 1,094,836 1,072,749 1,115,877 449,689 666,188 40.30% Information Resources1,456,979 1,406,187 1,468,552 1,374,074 1,564,128 579,537 984,591 37.05% Communications & Marketing566,801 562,063 635,150 571,815 608,228 226,926 381,302 37.31% Community Outreach8,185 6,680 24,677 22,380 25,587 6,639 18,948 25.95% Engineering506,996 223,491 492,838 381,148 549,251 119,343 429,908 21.73%Total General Government7,813,097$ 7,560,440$ 8,261,762$ 8,051,233$ 8,608,722$ 3,144,703$ 5,464,019$ 36.53% Public Safety: Police7,571,315$ 7,769,592$ 8,511,557$ 8,248,745$ 8,698,661$ 3,536,851$ 5,161,810$ 40.66% Fire Protection3,458,161 3,535,716 3,722,396 3,759,386 4,030,153 1,556,600 2,473,553 38.62% Inspectional Services2,006,200 1,867,618 2,139,325 2,002,445 2,216,075 860,147 1,355,928 38.81%Total Public Safety13,035,676$ 13,172,927$ 14,373,278$ 14,010,577$ 14,944,889$ 5,953,598$ 8,991,291$ 39.84% Operations & Recreation: Public Works Administration222,994$ 236,304$ 232,437$ 213,383$ 241,304$ 86,841$ 154,463$ 35.99% Public Works Operations2,625,171 2,571,496 2,763,735 2,388,560 2,907,781 1,074,577 1,833,204 36.96% Organized Recreation1,290,038 1,277,046 1,304,470 1,360,454 1,431,260 612,031 819,229 42.76% Recreation Center1,543,881 1,561,224 1,591,115 1,575,042 1,602,935 468,717 1,134,218 29.24% Park Maintenance1,445,813 1,412,612 1,550,033 1,513,700 1,634,249 594,345 1,039,904 36.37% Westwood531,853 508,576 564,055 560,744 576,173 216,776 359,397 37.62% Natural Resources433,750 379,193 472,049 377,617 479,408 94,477 384,931 19.71% Vehicle Maintenance1,285,489 1,323,358 1,333,520 1,118,048 1,358,946 457,231 901,715 33.65%Total Operations & Recreation9,378,989$ 9,269,808$ 9,811,414$ 9,107,547$ 10,232,056$ 3,604,995$ 6,627,061$ 35.23% Non-Departmental: General 4,000$ 7,562$ -$ 123,720$ 30,351$ 12,645$ 17,706$ 41.66% Transfers Out- 1,050,000 - 2,194,245 - - - 0.00% Contingency195,860 13,834 177,984 14,438 266,719 - 266,719 0.00%Total Non-Departmental199,860$ 1,071,396$ 177,984$ 2,332,403$ 297,070$ 12,645$ 284,425$ 4.26%Total General Fund Expenditures30,427,622$ 31,074,572$ 32,624,438$ 33,501,760$ 34,082,737$ 12,715,941$ 21,366,796$ 37.31%Study Session Meeting of June 27, 2016 (Item No. 6) Title: May 2016 Monthly Financial ReportPage 3
Meeting: Study Session
Meeting Date: June 27, 2016
Written Report: 7
EXECUTIVE SUMMARY
TITLE: SWLRT Updates – Historic Properties Review and Station Design Committee
RECOMMENDED ACTION: None – this report is provided to update the Council on SWLRT
related matters.
POLICY CONSIDERATION: None at this time. Please inform staff of questions or concerns
you might have regarding the information provided in this report.
SUMMARY:
Historic Properties Review – As a part of the SWLRT requirements, MnDOT undertook a
consultation process for reviewing historical properties along the SWLRT corridor. This process
is now complete and culminates in a Memorandum of Agreement (MOA) to be signed by the
Federal Transit Administration (FTA), Minnesota Historic Preservation Office, Metropolitan
Council and Minnesota Department of Transportation.
In St. Louis Park, two properties were reviewed: the Chicago, Milwaukee, St. Paul & Pacific
Railroad Depot; the Peavey-Haglin Experimental Concrete Elevator; and the Hoffman-Callan
building. The process determined the SWLRT Project will have no adverse effect on the Hoffman
Callan Building (building was removed for the Shoreham redevelopment); and it states that
construction protection measures will be taken to protect both the Elevator and Depot, including
initial inspection and documentation, establishment of protection measures, and while no impacts
are expected, there will be a methodology for monitoring vibration for issues during the
construction. Consulting parties are invited to sign the MOA as well, including the City of St.
Louis Park (and the St. Louis Park Historical Society). Signing the agreement is for concurrence
only and does not obligate the city to anything or expose it to any liabilities. If no further discussion
by the Council is needed, the City Manager can sign the MOA.
Station Design Committee - The SWLRT Station Design Committee met three times this spring
to provide ideas for the design of the graphic panels and canopy colors at the St. Louis Park LRT
stations. The Committee provided themes at the first meeting and the Southwest Project Office
(SPO) designed graphic panels based on the themes and brought them back for review at the second
meeting. Several suggestions were made and revised panels were shown at the third meeting. The
Committee thought the panel ideas were much improved and gave definition to the station areas.
Some suggestions were offered to fine tune the panels, and the illustrations of the revised proposed
panels are attached. If no further discussion by Council is needed staff will inform the SPO to
move forward with these designs.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: SWLRT Historic Properties MOA
Graphic Panel Designs and Canopy Colors
Prepared by: Meg McMonigal, Principal Planner
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 7) Title: SWLRT Updates – Historic Properties Review and Station Design CommitteePage 2
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SHEET NAME:DISCIPLINE:
NO. DATE BY REVISION / SUBMITTALCHECKDESIGN
CHECKED BY:
DATE:
DESIGNED BY:
DRAWN BY: 04-20-2016
.. . . . .
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I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED ARCHITECT UNDER
THE LAWS OF THE STATE OF MINNESOTA
332 MINNESOTA STREET, E1000
SAINT PAUL, MN 55101
219 NORTH SECOND STREET
MINNEAPOLIS, MN 55401
PANEL GRAPHICS - CONCEPT DESIGN
ARCHITECTURE BELTLINE
BELTLINE STATION
ST. LOUIS LARK, MN
SHEET
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LO UIS PARK LO UIS PARK LO UIS PARK LO UIS PARK
SHEET NAME:DISCIPLINE:
NO. DATE BY REVISION / SUBMITTALCHECKDESIGN
CHECKED BY:
DATE:
DESIGNED BY:
DRAWN BY: 04-20-2016
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.. . . . .
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I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED ARCHITECT UNDER
THE LAWS OF THE STATE OF MINNESOTA
332 MINNESOTA STREET, E1000
SAINT PAUL, MN 55101
219 NORTH SECOND STREET
MINNEAPOLIS, MN 55401
PANEL GRAPHICS - CONCEPT DESIGN
ARCHITECTURE WOODDALE
WOODDALE STATION
ST. LOUIS PARK, MN
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SHEET NAME:DISCIPLINE:
NO. DATE BY REVISION / SUBMITTALCHECKDESIGN
CHECKED BY:
DATE:
DESIGNED BY:
DRAWN BY: 04-20-2016
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.. . . . .
.. . . . .
.. . . . .
.. . . . .
.. . . . .
.. . . . .
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED ARCHITECT UNDER
THE LAWS OF THE STATE OF MINNESOTA
332 MINNESOTA STREET, E1000
SAINT PAUL, MN 55101
219 NORTH SECOND STREET
MINNEAPOLIS, MN 55401
PANEL GRAPHICS - CONCEPT DESIGN
ARCHITECTURE LOUISIANA
LOUISIANA STATION
ST. LOUIS PARK, MN
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9Louisiana Station: Blue CanopyDraft – Work in ProcessSt. Louis Park Signature ColorStudy Session Meeting of June 27, 2016 (Item No. 7) Title: SWLRT Updates – Historic Properties Review and Station Design CommitteePage 32
16Wooddale Station: Blue CanopyDraft – Work in ProcessSt. Louis Park Signature ColorStudy Session Meeting of June 27, 2016 (Item No. 7) Title: SWLRT Updates – Historic Properties Review and Station Design CommitteePage 33
25Beltline Station: Blue StructureDraft – Work in ProcessSt. Louis Park Signature ColorStudy Session Meeting of June 27, 2016 (Item No. 7) Title: SWLRT Updates – Historic Properties Review and Station Design CommitteePage 34
Meeting: Study Session
Meeting Date: June 27, 2016
Written Report: 8
EXECUTIVE SUMMARY
TITLE: Temporary Health Care Dwellings
RECOMMENDED ACTION: No action at this time. The purpose of this report is to inform the
council of Minn. Stat. 462.3593, which permit and regulate temporary family health care
dwellings, to summarize the impacts of this statute, and to discuss staff’s intent to present an
ordinance to the council to “opt-out” of the regulations.
POLICY CONSIDERATION: Does the council wish to opt-out of the Minn. Stat. 462.3593,
which permits and regulates temporary family health care dwellings?
SUMMARY: On May 12, 2016, Governor Dayton signed into law the creation and regulation of
temporary family health care dwellings. The following is a brief summary of the law:
1. The dwelling is permitted for six months, with an option to extend the permit for another six
months.
2. Requires written certification that the mentally or physically impaired person requires
assistance with two or more instrumental activities of daily living.
3. Allows only one person to reside in the temporary dwelling at a time.
4. Requires that the permit be for a property where the “caregiver” or relative resides.
5. Allows modular or manufactured housing, and recreational vehicles to use this permit.
6. Lists criteria for the structure, including, construction, utility connections, and site location.
7. The municipality has 15 days to either approve or deny a permit.
8. The statute becomes effective September 1, 2016.
9. A municipality may, by ordinance, opt-out of the requirements of the statute.
Staff consulted with the city attorney, and recommends the council opt-out of the regulations for
various reason including:
1. Prevent any temporary dwellings from being installed without further review and study of
the issue in St. Louis Park. This statute conflicts with current local zoning code provisions,
which raises concerns about the appropriateness of the use in this community.
2. The person living in the temporary dwelling is not required to be a relative of the person
living in the principal dwelling. Therefore, a resident can essentially run a caregiver business
by providing a temporary dwelling unit to anyone needing temporary, supervised living.
3. The statute allows an RV to be used as the temporary dwelling. No anchoring is required for
the RV type dwellings to prevent tipping in high winds.
4. Power is provided by an extension cord connected to the principal dwelling. Water is
provided by a garden hose connected to the house. Sewer is handled in tanks requiring
occasional pumping by sewage truck.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Minnesota Statute 462.3593
LMC Frequently Asked Questions Handout
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Michele Schnitker, Housing Supervisor/Deputy CD Director
Approved by: Tom Harmening, City Manager
Study Session Meeting of June 27, 2016 (Item No. 8) Page 2
Title: Temporary Health Care Dwellings
MINNESOTA STATUTE 462.3593
TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Caregiver" means an individual 18 years of age or older who:
(1) provides care for a mentally or physically impaired person; and
(2) is a relative, legal guardian, or health care agent of the mentally or physically impaired
person for whom the individual is caring.
(c) "Instrumental activities of daily living" has the meaning given in section 256B.0659,
subdivision 1, paragraph (i).
(d) "Mentally or physically impaired person" means a person who is a resident of this state and
who requires assistance with two or more instrumental activities of daily living as certified in
writing by a physician, a physician assistant, or an advanced practice registered nurse licensed
to practice in this state.
(e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew,
or niece of the mentally or physically impaired person. Relative includes half, step, and in-law
relationships.
(f) "Temporary family health care dwelling" means a mobile residential dwelling providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired
person that meets the requirements of subdivision 2.
Subd. 2.
Temporary family health care dwelling. A temporary family health care dwelling must:
(1) be primarily assembled at a location other than its site of installation;
(2) be no more than 300 gross square feet;
(3) not be attached to a permanent foundation;
(4) be universally designed and meet state-recognized accessibility standards;
(5) provide access to water and electric utilities either by connecting to the utilities that are
serving the principal dwelling on the lot or by other comparable means;
(6) have exterior materials that are compatible in composition, appearance, and durability to
the exterior materials used in standard residential construction;
(7) have a minimum insulation rating of R-15;
(8) be able to be installed, removed, and transported by a one-ton pickup truck as defined in
section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or
a truck tractor as defined in section 168.002, subdivision 38;
(9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized
Buildings Commission seal and data plate or to American National Standards Institute
Code 119.2; and
(10) be equipped with a backflow check valve.
Study Session Meeting of June 27, 2016 (Item No. 8) Page 3
Title: Temporary Health Care Dwellings
Subd. 3.
Temporary dwelling permit; application.
(a) Unless the municipality has designated temporary family health care dwellings as permitted
uses, a temporary family health care dwelling is subject to the provisions in this section. A
temporary family health care dwelling that meets the requirements of this section cannot be
prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or
storage.
(b) The caregiver or relative must apply for a temporary dwelling permit from the municipality.
The permit application must be signed by the primary caregiver, the owner of the property on
which the temporary family health care dwelling will be located, and the resident of the
property if the property owner does not reside on the property, and include:
(1) the name, address, and telephone number of the property owner, the resident of the property
if different from the owner, and the primary caregiver responsible for the care of the
mentally or physically impaired person; and the name of the mentally or physically
impaired person who will live in the temporary family health care dwelling;
(2) proof of the provider network from which the mentally or physically impaired person may
receive respite care, primary care, or remote patient monitoring services;
(3) a written certification that the mentally or physically impaired person requires assistance
with two or more instrumental activities of daily living signed by a physician, a physician
assistant, or an advanced practice registered nurse licensed to practice in this state;
(4) an executed contract for septic service management or other proof of adequate septic
service management;
(5) an affidavit that the applicant has provided notice to adjacent property owners and residents
of the application for the temporary dwelling permit; and
(6) a general site map to show the location of the temporary family health care dwelling and
other structures on the lot.
(c) The temporary family health care dwelling must be located on property where the caregiver or
relative resides. A temporary family health care dwelling must comply with all setback
requirements that apply to the primary structure and with any maximum floor area ratio
limitations that may apply to the primary structure. The temporary family health care dwelling
must be located on the lot so that septic services and emergency vehicles can gain access to
the temporary family health care dwelling in a safe and timely manner.
(d) A temporary family health care dwelling is limited to one occupant who is a mentally or
physically impaired person. The person must be identified in the application. Only one
temporary family health care dwelling is allowed on a lot.
(e) Unless otherwise provided, a temporary family health care dwelling installed under this section
must comply with all applicable state law, local ordinances, and charter provisions.
Subd. 4.
Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The
applicant may renew the permit once for an additional six months.
Subd. 5.
Study Session Meeting of June 27, 2016 (Item No. 8) Page 4
Title: Temporary Health Care Dwellings
Inspection. The municipality may require that the permit holder provide evidence of compliance
with this section as long as the temporary family health care dwelling remains on the property. The
municipality may inspect the temporary family health care dwelling at reasonable times convenient
to the caregiver to determine if the temporary family health care dwelling is occupied and meets
the requirements of this section.
Subd. 6.
Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit
holder violates any requirement of this section. If the municipality revokes a permit, the permit
holder has 60 days from the date of revocation to remove the temporary family health care
dwelling.
Subd. 7.
Fee. Unless otherwise provided by ordinance, the municipality may charge a fee of up to $100 for
the initial permit and up to $50 for a renewal of the permit.
Subd. 8.
No public hearing required; application of section 15.99.
(a) Due to the time-sensitive nature of issuing a temporary dwelling permit for a temporary family
health care dwelling, the municipality does not have to hold a public hearing on the application.
(b) The procedures governing the time limit for deciding an application for the temporary dwelling
permit under this section are governed by section 15.99, except as provided in this section. The
municipality has 15 days to issue a permit requested under this section or to deny it, except
that if the statutory or home rule charter city holds regular meetings only once per calendar
month the statutory or home rule charter city has 30 days to issue a permit requested under this
section or to deny it. If the municipality receives a written request that does not contain all
required information, the applicable 15-day or 30-day limit starts over only if the municipality
sends written notice within five business days of receipt of the request telling the requester
what information is missing. The municipality cannot extend the period of time to decide.
Subd. 9.
Opt-out. A municipality may by ordinance opt-out of the requirements of this section.
Sec. 4.
EFFECTIVE DATE. This act is effective September 1, 2016, and applies to temporary dwelling
permit applications made under this act on or after that date.
Temporary Family Health Care Dwellings of 2016
Allowing Temporary Structures – What it means for Cities
Introduction:
On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners
to place mobile residential dwellings on their property to serve as a temporary family health care
dwelling.1 Community desire to provide transitional housing for those with mental or physical
impairments and the increased need for short term care for aging family members served as the
catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short
term care alternative for a “mentally or physically impaired person”, by allowing them to stay in a
“temporary dwelling” on a relative’s or caregiver’s property.2
Where can I read the new law?
Until the state statutes are revised to include bills passed this session, cities can find this new bill at
2016 Laws, Chapter 111.
Does the law require cities to follow and implement the new temporary family
health care dwelling law?
Yes, unless a city opts out of the new law or currently allows temporary family health care
dwellings as a permitted use.
Considerations for cities regarding the opt-out?
These new temporary dwellings address an emerging community need to provide more convenient
temporary care. Cities may want to consider the below when analyzing whether or not to opt out:
• The new law alters a city’s level of zoning authority for these types of structures.
• While the city’s zoning ordinances for accessories or recreational vehicles do not apply,
these structures still must comply with setback requirements.
• A city’s zoning and other ordinances, other than its accessory use or recreational vehicle
ordinances, still apply to these structures. Because conflicts may arise between the statute
and a city’s local ordinances, cities should confer with their city attorneys to analyze their
current ordinances in light of the new law.
• Although not necessarily a legal issue for the city, it seems worth mentioning that the
permit process does not have the individual with the physical or mental impairment or that
1 2016 Laws, Chapter 111.
2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute
at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted
Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota’s
Temporary Health Care Dwelling law.
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individual’s power of attorney sign the permit application or a consent to release his or her
data.
• The application’s data requirements may result in the city possessing and maintaining
nonpublic data governed by the Minnesota Government Data Practices Act.
• The new law sets forth a permitting system for both cities and counties 3. Cities should
consider whether there is an interplay between these two statutes.
Do cities need to do anything to have the new law apply in their city?
No, the law goes into effect September 1, 2016 and automatically applies to all cities that do not
opt out or don’t already allow temporary family health care dwellings as a permitted use under
their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept
applications, must have determined a permit fee amount 4 (if the city wants to have an amount
different than the law’s default amount), and must be ready to process the permits in accordance
with the short timeline required by the law.
What if a city already allows a temporary family health care dwelling as a
permitted use?
If the city already has designated temporary family health care dwellings as a permitted use, then
the law does not apply and the city follows its own ordinance. The city should consult its city
attorney for any uncertainty about whether structures currently permitted under existing ordinances
qualify as temporary family health care dwellings.
What process should the city follow if it chooses to opt out of this statute?
Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide
clear guidance on how to treat this opt-out ordinance. However, since the new law adds section
462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption
or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357,
subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to
err on the side of caution and treat the opt-out ordinance as a zoning provision.5
Does the League have a model ordinance for opting out of this program?
Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance
Can cities partially opt out of the temporary family health care dwelling law?
3 See Minn. Stat. §394.307
4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial
permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance.
5 For smaller communities without zoning at all, those cities still need to adopt an opt-out ordinance. In those
instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the
statute, cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their
communities.
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Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the
requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a
program different from the one specified in statute, the most conservative approach would be to
opt out of the statute, then adopt an ordinance structured in the manner best suited to the city.
Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out
from the statute should consult their city attorney.
Can a city adopt pieces of this program or change the requirements listed in the
statute?
Similar to the answer about partially opting out, the law does not specifically authorize a city to
alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if
they could add additional criteria, like regulating placement on driveways, specific lot size limits,
or anchoring requirements. As mentioned above, if a city wants a program different from the one
specified in the statute, the most conservative approach would involve opting out of the statute in
its entirety and then adopting an ordinance structured in the manner best suited to the city. Again,
a city should consult its city attorney when considering adopting an altered version of the state
law.
What is required in an application for a temporary family health care dwelling
permit?
The mandatory application requests very specific information including, but not limited to:6
• Name, address, and telephone number of the property owner, the resident of the property
(if different than the owner), and the primary care giver;
• Name of the mentally or physically impaired person;
• Proof of care from a provider network, including respite care, primary care or remote
monitoring;
• Written certification signed by a Minnesota licensed physician, physician assistant or
advanced practice registered nurse that the individual with the mental or physical
impairment needs assistance performing two or more “instrumental activities of daily
life;”7
• An executed contract for septic sewer management or other proof of adequate septic sewer
management;
• An affidavit that the applicant provided notice to adjacent property owners and residents;
• A general site map showing the location of the temporary dwelling and the other structures
on the lot; and
• Compliance with setbacks and maximum floor area requirements of primary structure.
6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria.
7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as “activities to include meal planning and
preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing
household tasks integral to the personal care assistance services; communication by telephone and other media; and
traveling, including to medical appointments and to participate in the community.”
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The law requires all of the following to sign the application: the primary caregiver, the owner of
the property (on which the temporary dwelling will be located) and the resident of the property (if
not the same as the property owner). However, neither the physically disabled or mentally
impaired individual nor his or her power of attorney signs the application.
Who can host a temporary family health care dwelling?
Placement of a temporary family health care dwelling can only be on the property where a
“caregiver” or “relative” resides. The statute defines caregiver as “an individual, 18 years of age
or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative,
legal guardian, or health care agent of the mentally or physically impaired person for whom the
individual is caring.” The definition of “relative” includes “a spouse, parent, grandparent, child,
grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person.
Relative also includes half, step and in-law relationships.”
Is this program just for the elderly?
No. The legislature did not include an age requirement for the mentally or physically impaired
dweller. 8
Who can live in a temporary family health care dwelling and for how long?
The permit for a temporary health care dwelling must name the person eligible to reside in the unit.
The law requires the person residing in the dwelling to qualify as “mentally or physically
impaired,” defined as “a person who is a resident of this state and who requires assistance with two
or more instrumental activities of daily living as certified by a physician, a physician assistant, or
an advanced practice registered nurse, licenses to practice in this state.” The law specifically
limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month
renewal option. Further, there can be only one dwelling per lot and only one dweller who resides
within the temporary dwelling
What structures qualify as temporary family health care dwellings under the new
law?
The specific structural requirements set forth in the law preclude using pop up campers on the
driveway or the “granny flat” with its own foundation as a temporary structure. Qualifying
temporary structures must:
• Primarily be pre-assembled;
• Cannot exceed 300 gross square feet;
• Cannot attach to a permanent foundation;
• Must be universally designed and meet state accessibility standards;
8 The law expressly exempts a temporary family health care dwelling from being considered “housing with services
establishment”, which, in turn, results in the 55 or older age restriction set forth for “housing with services
establishment” not applying.
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• Must provide access to water and electrical utilities (by connecting to principal dwelling or
by other comparable means 9);
• Must have compatible standard residential construction exterior materials;
• Must have minimum insulation of R-15;
• Must be portable (as defined by statute);
• Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361
(industrialized/modular buildings), “and contain an Industrialized Buildings Commission
seal and data plate or to American National Standards Institute Code 119.2”10; and
• Must contain a backflow check valve.11
Does the State Building Code apply to the construction of a temporary family
health care dwelling?
Mostly, no. These structures must meet accessibility standards (which are in the State Building
Code). The primary types of dwellings proposed fall within the classification of recreational
vehicles, to which the State Building Code does not apply. Two other options exist, however, for
these types of dwellings. If these structures represent a pre-fabricated home, the federal building
code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If
these structures are modular homes, on the other hand, they must be constructed consistent with
the State Building Code (as stated in Minnesota Rules, Chapter 1361).
What health, safety and welfare requirements does this new law include?
Aside from the construction requirements of the unit, the temporary family health care dwelling
must be located in an area on the property where “septic services and emergency vehicles can gain
access to the temporary family health care dwelling in a safe and timely manner.”
What local ordinances and zoning apply to a temporary health care dwelling?
The new law states that ordinances related to accessory uses and recreational vehicle storage and
parking do not apply to these temporary family health care dwellings. However, unless otherwise
provided, setbacks and other local ordinances, charter provisions, and applicable state laws still
apply. Because conflicts may arise between the statute and one or more of the city’s other local
ordinances, cities should confer with their city attorneys to analyze their current ordinances in light
of the new law.
What permit process should cities follow for these permits?
The law creates a new type of expedited permit process. The permit approval process found in
Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the
local governmental unit has to make a decision on granting the permit. Due to the time sensitive
9 The Legislature did not provide guidance on what represents “other comparable means”.
10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards
Institute website is located at https://www.ansi.org/.
11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria.
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nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no
extension is allowed) to either issue or deny a permit. The new law waives the public hearing
requirement and allows the clock to restart if a city deems an application incomplete. If a city
deems an application incomplete, the city must provide the applicant written notice, within five
business days of receipt of the application, telling the requester what information is missing. For
those councils that regularly meet only once a month, the law provides for a 30-day decision.
Can cities collect fees for these permits?
Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial
permit with a $50 renewal fee, unless a city provides otherwise by ordinance
Can cities inspect, enforce and ultimately revoke these permits?
Yes, but only if the permit holder violates the requirements of the law. The statute allows for the
city to require the permit holder to provide evidence of compliance and also authorizes the city to
inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The
permit holder then has sixty (60) days from the date of revocation to remove the temporary family
health care dwelling. The law does not address appeals of a revocation.
How should cities handle data it acquires from these permits?
The application data may result in the city possessing and maintaining nonpublic data governed by
the Minnesota Government Data Practices Act. To minimize collection of protected heath data or
other nonpublic data, the city could, for example, request that the required certification of need
simply state “that the person who will reside in the temporary family health care dwelling needs
assistance with two or more instrumental activities of daily living”, without including in that
certification data or information about the specific reasons for the assistance, the types of
assistance, the medical conditions or the treatment plans of the person with the mental illness or
physical disability. Because of the complexities surrounding nonpublic data, cities should consult
their city attorneys when drafting a permit application.
Should the city consult its city attorney?
Yes. As with any new law, to determine the potential impact on cities, the League recommends
consulting with your city attorney.
Where can cities get additional information or ask other questions.
For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC
General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach
Pamela at 651.281.1224 or Tom at 651.281.1266.
Study Session Meeting of June 27, 2016 (Item No. 8)
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