HomeMy WebLinkAbout2008/11/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA
NOVEMBER 17, 2008
Councilmember Sanger Absent.
6:45 p.m. SPECIAL STUDY SESSION
DISCUSSION ITEMS
1. Friends of the Arts Update
7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY
7a. West End TIF District Pledge of Tax Increment
7b. Call for Public Hearing Ellipse on Excelsior TIF District
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations -- None
3. Approval of Minutes -- None
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of
the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the
Consent Calendar are listed on the last page of the Agenda.
Recommended Action:
Motion to approve the agenda as presented and to approve items on the consent calendar.
(Alternatively: Motion to add or remove items from the agenda, motion to move items from consent
calendar to regular agenda for discussion and to approve those items remaining on the consent calendar.)
5. Boards and Commissions -- None
6. Public Hearings
6a. Public Hearing and First Reading of an Ordinance to Amend the City Charter
Recommended Action:
Mayor to close public hearing. Motion to approve first reading of the ordinance to
amend the St. Louis Park Home Rule Charter: Table of Contents, Chapters 3, 5, and
index, and set second reading for December 1, 2008
7. Requests, Petitions, and Communications from the Public
Meeting of November 17, 2008
City Council Agenda
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Recommended Action:
Motion to Approve Resolutions Awarding the Sale of the $4,075,000 General
Obligation Bonds Series 2008A and the $5,630,000 General Obligation Tax Increment
Bonds, Series 2008B
8b. Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential
Districts
Recommended Action:
Motion to Adopt Second Reading of Zoning Ordinance amendments to require
conditional use permits (CUPs) for several institutional uses in residential zoning
districts, approve summary and authorize publication
8c. First Reading of Ordinance Amendment Relating to Water Service Disconnections
Recommended Action:
Motion to Adopt First Reading of Ordinance amending Section 32-38 of the City Code
and set second reading for December 1, 2008
9. Communication
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 of November 17, 2008
City Council Agenda
4. CONSENT CALENDAR
4a. Designate EnComm Midwest, Inc. the lowest responsible bidder and authorize execution of
a contract with the firm in the amount of $533,335.00 for Water Project – Water Treatment
Plant No. 8 – Project No. 2006-2000
4b. Approve Resolution authorizing Worker’s Compensation insurance renewal for December
1, 2008 – November 30, 2009
4c. Authorize entering into an agreement with Oertel Architects for the planning, design,
bidding services, enhanced construction phase services and other miscellaneous services for
the MSC project
4d. Extend the time limit to act on the Dahl Tower application (08-25-CUP) to January 29,
2009. Staff is directed to notify the Applicant of the extension
4e. Adopt Resolution requesting the Minnesota Department of Transportation (Mn/DOT) to
grant a variance from Municipal State Aid Standards – Alabama Avenue from Excelsior Blvd
to West 36th Street - Project No. 2009-1100
4f. Adopt Resolution calling for a public hearing by the City Council on January 20, 2009
relative to the proposed Ellipse on Excelsior Tax Increment Financing District within
Redevelopment Project No. 1 (a redevelopment district)
4g. Approve for filing Planning Commission Minutes October 15, 2008
4h. Approve for filing Vendor Claims
4i. Approve for filing Housing Authority Minutes October 15, 2008
St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable
channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the
internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official
city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full
packet are available by noon on Friday on the city’s website.
Meeting Date: November 17, 2008
Agenda Item #: 4a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Bid Tabulation: Water Project – Water Treatment Plant No. 8 Rehabilitation – Project No. 2006-
2000.
RECOMMENDED ACTION:
Motion to Designate EnComm Midwest, Inc. the lowest responsible bidder and authorize execution
of a contract with the firm in the amount of $533,335.00 for Water Project – Water Treatment
Plant No. 8 – Project No. 2006-2000.
POLICY CONSIDERATION:
Does the City Council wish to continue implementation of its CIP relative to our water delivery
system?
BACKGROUND:
Project Information:
Water Treatment Plant No. 8 (WTP #8) is located at 9701 W. 16th Street. Similar to what was
done successfully at WTP #4 and WTP #16, the City plans to replace the old granular filter media
at WTP #8 with Calgon GSR Plus media. The project will also involve expansion of the chemical
room and several process improvements, including: sandblasting and repainting the existing filter
tanks and process piping; replacing the well discharge piping and flow meter; replacing the yard
piping and valves between the plant and the distribution system; replacing the air compressor; and
adding a digital scale for the fluoride tank.
Bid Information:
Bids were received on November 6, 2008 for the rehabilitation of WTP #8. A total of five (5) bids
were received for this project. An advertisement for bids was published in the St. Louis Park Sun-
Sailor on October 16, and 23, 2008 and in the Construction Bulletin on October 20, and 27, 2008.
The bid includes the base water treatment rehabilitation work and an alternate (Alternate A).
Alternate A provides for floor work, including: removal of the tile, leveling, and resurfacing. Staff is
recommending the contract be awarded to include both the base work and Alternate A. The bid
amounts shown below include Alternate A.
Meeting of November 17, 2008 (Item No. 4a) Page 2
Subject: Bid Tabulation: Rehab Project Water Tower #8 – Project No. 2006-2000
A summary of the bid results are as follows:
Evaluation of Bids:
Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff
recommends EnComm Midwest, Inc. as the lowest responsible bidder. EnComm is a reputable
contractor that has worked for St. Louis Park and other cities before and has successfully completed
similar projects.
Construction Timeline:
Construction is planned to begin in December 2008 and should be completed by May 2009.
FINANCIAL OR BUDGET CONSIDERATION:
This project was planned for and is included in the City’s adopted Capital Improvement Program
(C.I.P.). Staff has verified that adequate funds are available in the Water Utility Fund for this work.
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Scott Merkley, Public Works Coordinator
Reviewed by: Scott Anderson, Utilities Superintendent
Scott Brink, City Engineer
Approved by: Tom Harmening, City Manager
CONTRACTOR BID AMOUNT
Encomm Midwest, Inc. $533,335.00
Municipal Builders, Inc. $547,200.00
Magney Construction, Inc. $554,000.00
Rice Lake Construction Group $606,600.00
PMI Construction Co. $647,500.00
Engineer’s Estimate $628,100.00
Meeting Date: November 17, 2008
Agenda Item #: 4b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Worker’s Compensation Insurance Renewal.
RECOMMENDED ACTION:
Motion to Approve Resolution authorizing Worker’s Compensation insurance renewal for
December 1, 2008 – November 30, 2009.
POLICY CONSIDERATION:
Does Council approve the continuation of providing Worker’s Compensation insurance through
the League of Minnesota Cities Insurance Trust (LMCIT) for the new premium amount for
December 1, 2008 – November 30, 2009?
BACKGROUND:
In 2003, Council approved participation in the LMCIT for Worker’s Compensation coverage. The
policy year for this coverage runs from December 1 – November 30 each year.
Self-Insured Costs:
From 1993 to 2003, the City was self-insured for Worker’s Compensation, using Sedgwick Claims
Management to administer our claims. We continue to be responsible for work comp activity,
including reactivated claims, from that timeframe. We are hopeful that we will be able to continue
using Sedgwick for administration of these old outstanding claims. We are in the process of
obtaining a 2009 quote from Sedgwick to administer these claims.
Fully-Insured Costs:
LMCIT has provided us with a renewal quote for the new contract year. The quote is as follows:
Current
12/1/07 – 11/30/08
Renewal
12/1/08 – 11/30/09
Increase
$373,834 $385,965 3.2%
The increase is based on estimated payroll and our experience modification factor (review of claims
activity) of .8. The lower the experience modification factor, the higher the discount we receive on
premiums. Our experience of .8 shows that we had a low level of claims activity in 2008. We also
receive a 2% premium discount by participating in managed care.
Meeting of November 17, 2008 (Item No. 4b) Page 2
Subject: Worker’s Compensation Insurance Renewal
Volunteers:
In January 2007, the City began providing Worker’s Compensation coverage to City volunteers via
LMCIT for an annual cost of $2,100. The cost for this coverage has not yet been determined for
2009, but staff recommends continued participation in this program.
RECOMMENDATION:
We are pleased with how the Worker’s Compensation claims are being handled through LMCIT.
Staff recommends that Council approve the attached Resolution authorizing continued participation
in the LMCIT for Worker’s Compensation insurance coverage effective December 1, 2008.
FINANCIAL OR BUDGET CONSIDERATION:
Funds for the fully-insured Worker’s Compensation coverage through LMCIT are included in the
budget and charged back to departments. Funds for administration of old outstanding claims from
when we were self-insured with Sedgwick have also been reserved in the uninsured loss fund of the
budget.
VISION CONSIDERATION:
Not applicable
Attachments: Resolution
Prepared by: Ali Fosse, HR Coordinator
Reviewed by: Nancy Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No. 4b) Page 3
Subject: Worker’s Compensation Insurance Renewal
RESOLUTION NO. 08-____
RESOLUTION APPROVING CONTINUED PARTICIPATION IN THE
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT)
WORKER’S COMPENSATION PROGRAM
WHEREAS, the City Council wishes to adopt Worker’s Compensation coverage and programs
to limit liability to the City of St. Louis Park;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park
that:
1. The City continues coverage with the League of MN Cities Insurance Trust for Worker’s
Compensation coverage effective December 1, 2008.
2. The City Manager shall continue to secure coverage for management of claims made
between the period of 1993 through 2003 when the City was self-insured for Worker’s
Compensation and also has the authority to continue to approve payment for necessary
administration, processing, and settlement of such open claims.
Reviewed for Administration: Adopted by the City Council November 17, 2008
City Manager
Mayor
Attest:
City Clerk
Meeting Date: November 17, 2008
Agenda Item #: 4c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Agreement
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Professional Services Agreement with Oertel Architects – Municipal Service Center (MSC) Project.
RECOMMENDED ACTION:
Motion to authorize entering into an agreement with Oertel Architects for the planning, design,
bidding services, enhanced construction phase services and other miscellaneous services for the MSC
project.
POLICY CONSIDERATION:
Does the Council wish to enter into this agreement which will facilitate the planned remodeling and
expansion of the MSC?
BACKGROUND:
At the October 13 Study Session, Council indicated its willingness to go forward with the
completion of the design for the MSC expansion and the development of full construction drawings
to enable construction during 2009, based on the report presented by Oertel Architects.
The two design options presented at the October 13 meeting were conceptual, with neither
accurately reflecting the actual final design. The final design work will begin after the agreement is
signed.
Based on the excellent work Oertel has performed on this project thus far, and the fact that Oertel
can meet the aggressive schedule to deliver this project for bidding purposes, staff recommends the
City continue to use Oertel for this project.
The City Attorney has reviewed and approved the agreement with Oertel Architects.
FINANCIAL OR BUDGET CONSIDERATION:
The total compensation for services is $494,000. Given the scale of this project (approximately $6
million) this fee is reasonable and within industry standards. It is proposed that this service be paid
through bond proceeds, which are scheduled to be bid on Monday November 17, 2008.
Meeting of November 17, 2008 (Item No. 4c) Page 2
Subject: Professional Services Agreement with Oertel Architects – Municipal Service Center (MSC) Project
VISION CONSIDERATION:
Not applicable.
Attachments: Oertel Architects Proposal of Services
Agreement for Professional Services
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
1
OERTEL ARCHITECTS
1795 SAINT CLAIR AVENUE, SAINT PAUL, MN 55105
TEL: 651/696-5186 FAX: 651/696-5188
November 4, 2008
Mr. Brian Hoffman, Director of Inspections
City of St. Louis Park
5005 Minnetonka Blvd
St. Louis Park, MN 55416
RE: Municipal Service Center Addition and Remodel Design Services
Dear Mr. Hoffman,
Per your request, I am providing this proposal for your consideration.
Scope of Services
This proposal is for full services, including all planning, design, meetings, presentations,
coordination, bidding services, and enhanced construction phase services (due to the remodel
portion of the project).
The project phases, percentage of time and fee, and associated tasks are listed below:
Schematic Design-8%:
Preparation of a project schedule
Re-evaluation of the space needs and requirements for the MSC, short and long term
Discussion with staff regarding existing proposed plan
Input of existing plans into CAD, all disciplines
Thorough existing building review
Site design including possible relocation of the fuel island and canopy addition
Design of additions to the existing building, including a 3D rendered model
Design Development-22%:
Design remodel of existing interior spaces, including electrical and mechanical systems
Preparation of energy efficient options with up-front costs and pay-back periods
calculated
Design of a ‘cold’ storage building
Landscape design as required by the city zoning code
Preparation of cost estimate for construction, and associated project costs
Review meetings with key staff
2
Construction Documents-50%:
Preparation of detailed drawings and specifications for use in the public bid process
This includes specifications for special equipment
Coordination of all disciplines
Review meetings with key staff
Bidding-5%:
Answering bidder’s questions and providing clarifications as necessary for a complete
bid.
Construction-15%:
As this is an addition/remodel project, at minimum attendance at one weekly site meeting,
and during the heavy construction periods, one additional site visit to review the work
and trouble shoot.
Review of contractor pay applications
Punch list preparation
Also included is attendance/presentations at council workshops and planning commission
meetings as necessary.
Schedule
The schedule we are proposing is a bit aggressive, and assumes starting immediately. The
reason for this is to take advantage of the better summer weather for the bulk of the construction
period. Due to the aggressive nature, the schedule hinges on receiving all required city council,
planning commission and watershed district approvals in a timely manner.
Project start
Complete schematic design
Complete design development
Complete construction documents
Bids due
Construction start
Shell complete
Substantial completion
Complete punchlist
Final lift of asphalt / final completion
November 3, 2008
December 15, 2008
January 20, 2008
Mid March 2009
Beginning of April 2009 (3 weeks of bid time)
End of April 2009
September 2009
December 30, 2009
January 30, 2010
Spring 2010
3
Consultants
We propose to use WSB and Associates for the civil engineering services, and Paulson and Clark
Engineering for the structural, mechanical and electrical engineering services. We have worked
successfully with members of this team on dozens of public works facilities. Please let us know
if you would like to see the. The main contacts will be:
WSB and Associates
Tom Voll
Civil Engineer
763-287-7179
Paulson and Clark Engineering
Dan Paulson - 651-407-6056, ext. 201
Prime Contact and Electrical Engineer
Dennis Goodno-651-407-6056, ext. 206
Structural Engineer
Rob Lowe 651-407-6056, ext. 305
Mechanical Engineer
Proposed Fee
This proposal is based on addressing all the items listed in the study, in the Construction Cost
Estimate, and providing all services listed above. For the listed services for full Architectural,
Structural, Mechanical, Electrical and Civil Engineering, we propose a lump sum fee of
$494,000 plus reimbursable expenses. If the City at any time requests work to stop on this
project, we will bill only through the phase, or portion of phase, completed. The amount will be
portioned according to the percentages listed above per phase in the Scope of Services. Also if
the scope of the project is at any time reduced, we are willing to discuss and renegotiate the fee.
Reimbursable expenses include:
Mileage (at IRS standard mileage rate)
Deliveries at cost
Out-sourced reproductions at cost
I certainly look forward to continuing our service to the City of St. Louis Park. If the services or
costs proposed do not meet your objectives, please advise and we can discuss and come to an
agreement I am sure.
Please contact me with any questions.
Sincerely,
OERTEL ARCHITECTS
Jeffrey L. Oertel, AIA, CCS
President
Meeting Date: November 17, 2008
Agenda Item #: 4d
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Extend Review Period for Dahl Tower Application
RECOMMENDED ACTION:
Motion to extend the time limit to act on the Dahl Tower application (08-25-CUP) to January 29,
2009. Staff is directed to notify the Applicant of the extension.
BACKGROUND:
Minn.Stat. 15.99, requires the city to act on zoning applications within 60 days of receipt of the
complete application. That same statute allows the city to extend the 60 day review period by an
additional 60 days, for a total of 120 days, when the additional time is needed to review the
application, and receive information.
Due to the complexity of the issues raised by the application and the need for additional information
and input, staff requests the council to extend the time limit to act on the application to January 29,
2009.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Gary Morrison, Assistant Zoning Administrator
Meg McMonigal, Planning & Zoning Supervisor
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting Date: November 17, 2008
Agenda Item #: 4e
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Variance from Municipal State Aid Standards – Alabama Avenue – Project No. 2009-1100.
RECOMMENDED ACTION:
Motion to Adopt Resolution requesting the Minnesota Department of Transportation (Mn/DOT)
to grant a variance from Municipal State Aid Standards – Alabama Avenue from Excelsior Blvd to
West 36th Street - Project No. 2009-1100.
POLICY CONSIDERATION:
Does the City Council want staff to pursue this variance which would allow Alabama Ave to be
rehabilitated at its current street width?
BACKGROUND AND ANALYSIS:
As part of the City’s ongoing Capital Improvement Program (C.I.P.), specific streets within the City
are programmed for rehabilitation each year. In accordance with the program, Alabama Avenue
from Excelsior Boulevard to West 36th Street has been programmed for rehabilitation in 2009.
Because Alabama Avenue is designated as a Municipal State Aid street under the City’s adopted plan,
it has been programmed to utilize Municipal State Aid funds to fund the rehabilitation work. The
planned rehabilitation work would essentially consist of removing the asphalt pavement and
replacing it with a new surface. Curb and gutter will also be repaired, along with some minor
drainage improvements, and sidewalk widening. The proposed project was discussed with the
residents and property owners at a public informational meeting on October 22, 2008.
In order for funds to be eligible for construction on a State Aid street, the street must be
reconstructed to Municipal State Aid design standards. These standards are very specific with
regards to certain requirements such as street grades, width, pavement thicknesses, etc.
Alabama Avenue currently does not meet State Aid standards for the minimum width requirements.
Presently, Alabama Avenue is 36 feet wide from Bunny’s parking entrance to just north of Oxford
Street with parking allowed on both sides of the street. According to State Aid standards, a street
with parking allowed on both sides must have a minimum width of 38 feet. Because the street does
not meet the minimum width standards, State Aid funds are not readily eligible to fund the
rehabilitation should the current width be maintained with parking allowed on both sides of the
street.
Meeting of November 17, 2008 (Item No. 4e)
Subject: Variance for Municipal State Aid Standards – Alabama Avenue – Project No. 2009-1100
Widening Alabama south of the railroad tracks would be relatively easy. The road could be widened
two feet to the west with the sidewalk moved adjacent to the curb. Widening Alabama north of the
railroad tracks would be substantially more difficult. It would require a number of utility relocations
and it would require removal of boulevard trees. The associated costs for widening Alabama Avenue
would be significant.
Staff have therefore reviewed and considered the following options:
1. Rehabilitating Alabama Avenue with other funds. Currently, no monies from the pavement
management or other funds are available for this work.
2. Reconstruct Alabama Avenue to 38 feet in width. This would be difficult due to tight
boulevard constraints and would involve the relocation of a number of utilities, sidewalks,
and other features. It will also require the removal of mature boulevard trees.
3. Remove parking from one side of Alabama Avenue. Based upon comments received from
the adjacent property owners and also the observed parking that occurs on the street, there is
a significant demand for parking along both sides of Alabama Avenue.
4. Request a variance from State Aid Standards. Request a variance to allow the street width to
remain at 36 feet and have parking remain on both sides of Alabama Avenue. The variance
would apply to that segment of Alabama Avenue beginning north of the Canadian Pacific
railway crossing to just north of Oxford where the road widens to 38 feet again. Staff has
investigated the possibility of applying for a variance from State Aid standards in order to
utilize State Aid funds. An application and hearing in front of a variance committee is
required as part of this process. Although there is no certainty in being successful, staff feels
that this alternative is worth pursuing. If a variance is approved, State Aid funds could be
used for the project.
Of the four options identified above, staff feels pursuit of a State Aid variance is the most reasonable
alternative available to the City at this time.
Variance Process
The next scheduled variance hearing will be scheduled in December 2008. In order to be scheduled
for the hearing, an application must be submitted to the Minnesota Department of Transportation
by December 1, 2008. This application must include a resolution from the governing authority (as
attached) requesting the variance. At this hearing, the requestor presents the application and
appropriate arguments for granting the variance. The committee typically makes a decision on the
request that same day.
Meeting of November 17, 2008 (Item No. 4e)
Subject: Variance for Municipal State Aid Standards – Alabama Avenue – Project No. 2009-1100
Staff has discussed our proposed variance request with the Mn/DOT District State Aid Engineer.
Although we have not been able to gain any sense or feel of our chances of success, the Engineer did
convey that our request does appear to have reasonable merit for consideration. Our argument
would be based essentially on the following points:
1. Physical restrictions do not allow for widening of the road without significant hardship or
impacts to neighboring properties and significant project cost increases.
2. We are essentially reconditioning the street rather than a complete reconstruct.
3. The roadway has operated in its current condition and capacity for many years without any
notable safety or operational deficiencies.
If Mn/DOT does grant a variance from State Aid standards, it will be conditioned on the City
accepting any liability associated with the variance. That requirement is contained in the attached
resolution. The City Attorney has been apprised of this issue and requirement.
If Mn/DOT does not grant the variance, staff will pursue options 2 and 3 above. Staff would create
various design alternatives that would restrict parking on one side of Alabama Avenue or allow
parking on both sides of Alabama by widening the street. Through a public process staff would
solicit input from the neighboring property owners to develop an acceptable street design that meets
the neighborhoods needs, the state aid requirements and falls within an approved budget.
FINANCIAL OR BUDGET CONSIDERATION:
The CIP has budgeted $635,000 in Municipal State Aid Funds (gas tax monies) for this project.
VISION CONSIDERATION:
Not applicable.
Attachments: Resolution
Project Location Map
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Scott Brink, City Engineer
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No. 4e)
Subject: Variance for Municipal State Aid Standards – Alabama Avenue – Project No. 2009-1100
RESOLUTION NO. 08-______
RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA RULES FOR STATE AID
OPERATIONS CHAPTER 8820 FOR MUNICIPAL STATE AID PROJECT NO. 163-305-002
(ALABAMA AVENUE FROM EXCELSIOR BOULEVARD TO WEST 36TH STREET).
WHEREAS, the City of St. Louis Park is preparing plans for the rehabilitation of Alabama Avenue
from Excelsior Boulevard to West 36th Street (MSAP 163-305-002); and
WHEREAS, In accordance with the City of St. Louis Park’s Capital Improvement Plan (C.I.P.), the
pavement surface of Alabama Avenue requires rehabilitation in accordance with the City’s Pavement
Management Program; and
WHEREAS, The City Council of the City of St. Louis Park believe that the minimum design
standards set forth by Minnesota Rules for State Aid Operation 8820 as applicable to the proposed pavement
rehabilitation of Alabama Avenue create an undue hardship; and
WHEREAS, said hardship is further explained in the attached supplementary letter from the City
Engineer; and
NOW THEREFORE, BE IT RESOLVED, RESOLOVED, that the City Council of the City of
St. Louis Park, located in Hennepin County, Minnesota, hereby respectfully submits a request for a variance
to the Commissioner of Transportation for Minnesota Rules for State Aid Operations, Chapter 8820.9946,
Minimum Design Standards, Urban; Reconditioning Projects, as they apply to the rehabilitation of Alabama
Avenue from Excelsior Boulevard to West 36th Street, so as to allow the following:
1. The existing pavement width of 36 feet is allowed to remain on that portion of Alabama Avenue
beginning at the Canadian Pacific Railway crossing to approximately 150 feet north of Oxford Street.
2. Parking on both sides of the street to be continued to be permitted as currently allowed.
AND BE IT FURTHER RESOLVED that the City Council of the City of St. Louis Park hereby
indemnifies, saves, and holds harmless the State and its agents and employees, to the extent of the City’s
statutory liability limits, of and from claims, demands, actions, or causes of action arising out of or by reason
of the granting of the variance. The Council further agrees to defend at its sole cost and expense any action or
proceeding begun for asserting any claim of whatever character arising as a result of the granting of the
variance.
Reviewed for Administration: Adopted by the City Council November 17, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of November 17, 2008 (Item No. 4e)
Subject: Variance from Municipal State Aid Standards – Alabama Avenue – Project No. 2009-1100 Page 5
Meeting Date: November 17, 2008
Agenda Item #: 4f
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Call for public hearing to consider establishment of the Ellipse on Excelsior Tax Increment
Financing District.
RECOMMENDED ACTION:
Motion to Adopt Resolution calling for a public hearing by the City Council on January 20, 2009
relative to the proposed Ellipse on Excelsior Tax Increment Financing District within
Redevelopment Project No. 1 (a redevelopment district).
POLICY CONSIDERATION:
Does the City Council wish to hold a public hearing to consider the establishment of a
Redevelopment Tax Increment Financing District to facilitate Bader Development’s proposed
Ellipse on Excelsior project?
BACKGROUND:
Proposed Project Plans
Bader Development proposes to purchase and redevelop the Al’s Liquors and Anderson Cleaners
properties (2.28 AC) on the northwest corner of Excelsior Boulevard and France Avenue. The
Redeveloper plans to remove the existing structures, remediate the soils, make utility improvements,
and construct a five-story, mixed use building with 133 residential apartments and approximately
16,380 square feet of ground floor commercial space, along with underground and surface parking
as well as a corner plaza.
Over the past year, representatives of Bader Development, the EDA/City, and neighborhood
representatives have worked closely to develop a master plan for the subject redevelopment area that
features:
¾ A high quality, upscale image
¾ Urban design with distinctive architecture
¾ Mixed use
¾ Pedestrian friendly
¾ Functional gathering space and amenities
Upon completion, The Ellipse on Excelsior is expected to present a highly positive image at one of
the city’s eastern gateways.
Meeting of November 17, 2008 (Item No. 4f) Page 2
Subject: Call for public hearing to consider establishment of the Ellipse on Excelsior Tax Increment Financing District
Request for TIF Assistance
At the July 14, 2009 study session the EDA/Council reviewed the preliminary TIF application from
Bader Development. At the November 10th study session, the EDA/Council discussed a list of
preliminary Business Terms for an eventual Redevelopment Contract with Bader which was
favorably received. As a result, staff was directed to incorporate the terms into a formal
Redevelopment Contract with Bader and to call for a public hearing on the proposed redevelopment
TIF district.
Call for Public Hearing
Calling for the public hearing will allow the EDA/Council to take the necessary steps to create the
Ellipse on Excelsior Tax Increment Financing District to facilitate Bader Development’s proposed
Ellipse on Excelsior redevelopment project. The public hearing is scheduled to be held on January
20, 2009.
FINANCIAL OR BUDGET CONSIDERATION:
Setting a hearing date for the Ellipse on Excelsior TIF District does not, in itself, authorize or
commit the EDA/City to any level of TIF assistance for the proposed project. Procedurally it simply
enables the City to hold a public hearing to consider the creation of the new TIF district. The EDA
will have the opportunity to consider the precise amount of TIF assistance along with other terms
when a redevelopment contract with the Redeveloper is presented. Such a contract is likely to be
submitted to the EDA prior to the end of the year.
VISION CONSIDERATION:
This project supports the strategic direction of being a connected and engaged community and the
focus area of creating community gathering places.
Attachments: Resolution
TIF Schedule
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No. 4f) Page 3
Subject: Call for public hearing to consider establishment of the Ellipse on Excelsior Tax Increment Financing District
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 08-____
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY
COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION
TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT
NO. 1 AND THE PROPOSED ESTABLISHMENT OF THE ELLIPSE ON
EXCELSIOR TAX INCREMENT FINANCING DISTRICT THEREIN
AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN
THEREFOR.
BE IT RESOLVED by the City Council (the "Council") for the City of St. Louis Park, Minnesota (the
"City"), as follows:
Section 1. Public Hearing. This Council shall meet on January 20, 2009, at approximately 7:30
P.M., to hold a public hearing on the proposed Modification to the Redevelopment Plan for
Redevelopment Project No. 1, the proposed establishment of the Ellipse on Excelsior Tax Increment
Financing District (a redevelopment district), and the proposed adoption of a Tax Increment Financing
Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082
, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development
and redevelopment of certain designated areas within the City; and
Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to
work with Ehlers & Associates, Inc., to prepare a Modification to the Redevelopment Plan for
Redevelopment Project No. 1 and a Tax Increment Financing Plan for the Ellipse on Excelsior Tax
Increment Financing District and to forward documents to the appropriate taxing jurisdictions,
including Hennepin County and Independent School District No. 283. The City Clerk is authorized
and directed to cause notice of the hearing, together with an appropriate map as required by law, to be
published at least once in the official newspaper of the City not less than 10, nor more than 30, days
prior to __________, 2009, and to place a copy of the Plans on file in the City Clerk’s office at City
Hall and to make such copy available for inspection by the public.
Reviewed for Administration Adopted by the City Council November 17, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of November 17, 2008 (Item No. 4f) Page 4
Subject: Call for public hearing to consider establishment of the Ellipse on Excelsior Tax Increment Financing District
SCHEDULE OF EVENTS
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
AND THE CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 1
AND THE ESTABLISHMENT OF THE
ELLIPSE ON EXCELSIOR TAX INCREMENT FINANCING DISTRICT
(a redevelopment district)
(draft as of November 12, 2008)
November 17, 2008 EDA requests that the City Council call for a public hearing.
November 17, 2008 City Council calls for a public hearing.
November 21, 2008 Project information (property identification numbers and legal descriptions,
detailed project description, maps, but/for statement, and list of sources and
uses of funds) for drafting necessary documentation sent to Ehlers.
December 1, 2008 Ehlers confirms with the City whether building permits have been issued on
the property to be included in the TIF District.
December 5, 2008 County receives TIF Plan for review for County Road impacts (at least 45
days prior to public hearing). *The County Board, by law, has 45 days to
review the TIF Plan to determine if any county roads will be impacted by the
development. Because the City staff believes that the proposed tax increment
financing district will not require unplanned county road improvements, the
TIF Plan will not be forwarded to the County Board 45 days prior to the
public hearing. Please be aware that the County Board could claim that tax
increment should be used for county roads, even after the public hearing
December 9, 2008 Letter received by County Commissioner giving notice of potential
redevelopment tax increment financing district (at least 30 days prior to
publication of public hearing notice). [Ehlers will fax and mail on or before
December 9, 2008]
December 17, 2008 Planning Commission reviews Plans to determine if they are in compliance
with City's comprehensive plan and adopts a resolution approving the Plans.
Meeting of November 17, 2008 (Item No. 4f) Page 5
Subject: Call for public hearing to consider establishment of the Ellipse on Excelsior Tax Increment Financing District
SCHEDULE OF EVENTS – PAGE 2
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
AND THE CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 1
AND THE ESTABLISHMENT OF THE
ELLIPSE ON EXCELSIOR TAX INCREMENT FINANCING DISTRICT
(a redevelopment district)
December 19, 2009 Fiscal/economic implications received by School Board Clerk and County
Auditor (at least 30 days prior to public hearing). [Ehlers will fax and mail
on or before December 19, 2009]
December 23, 2008 Ehlers conducts internal review of the Plans.
January 8, 2009 Date of publication of hearing notice and map (at least 10 days but not more
than 30 days prior to hearing). [Ehlers will submit notice & map to the St.
Louis Park Sun Sailor on or before December 31, 2008 at
sunlegals@acnpapers.com]
January 20, 2009 EDA adopts a resolution approving the Plans.
January 20, 2009 City Council holds public hearing at 7:30 p.m. on a Modification to the
Redevelopment Plan for Redevelopment Project No. 1, the establishment of
the Ellipse on Excelsior Redevelopment Tax Increment Financing District
and passes resolution approving the Plans. [Ehlers will email Council packet
information to the City on January 13, 2009]
_______, 2009 City authorizes Ehlers to request certification of the TIF District.
_______, 2009 Ehlers requests certification of the TIF District from the state and county.
An action under subdivision 1, paragraph (a), contesting the validity of a determination by an
authority under section 469.175, subdivision 3, must be commenced within the later of:
(1) 180 days after the municipality’s approval under section 469.175, subdivision 3; or
(2) 90 days after the request for certification of the district is filed with the county auditor under
section 469.177, subdivision1.
Meeting Date: November 17, 2008
Agenda Item #: 4g
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
October 15, 2008--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Carl Robertson, Larry
Shapiro
MEMBERS ABSENT: Robert Kramer, Dennis Morris, and Richard Person
STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells
1. Call to Order – Roll Call
2. Approval of Minutes of September 17, 2008
Commissioner Carper made a motion to recommend approval of the September 17, 2008
minutes.
Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 4-0.
3. Hearings
A. Conditional Use Permit for excavation for St. Louis Park Emergency Program
(STEP) addition
Location: 2544 Highway 100 South
Applicant: Lutheran Church of the Reformation
Case No.: 08-31-CUP
Mr. Fulton presented the staff report.
Commissioner Carper asked who owned and maintained the bituminous path on the
northern portion of the lot.
Mr. Fulton replied it was paved as part of a requirement for the Vernon Avenue townhomes
construction, a development to the north. The path is owned and maintained by the
church. It is predominantly used as an access point, and there is a pedestrian bridge to the
east of the site going over Highway 100. It also accesses from the neighborhood to the
church property. Mr. Fulton said he didn’t know of an easement.
Commissioner Carper asked if the path would be blocked during construction and if it
would be damaged during construction.
Meeting of November 17, 2008 (Item No. 4g) Page 2
Subject: Planning Commission Minutes October 15, 2008
Mr. Fulton responded it was the City’s expectation that it would be repaired and in good
condition. It could occasionally be blocked during construction.
Chair Robertson asked about the project time frame.
Mr. Fulton responded the project would begin in the spring. Excavation would occur just
before construction and would last one to two weeks.
Chair Robertson opened the public hearing.
Mike Beer, 2600 Vernon, indicated the path used to be dirt and was paved as part of the
townhouse development. He explained that people use it for crossing and walking down the
street to the bus stop near the Holiday gas station. People also drive through the path, which
was a concern. He said he supported the project and asked if there had been consideration
to have a bus stop at this location for STEP clients. He went on to say that the closest bus
stop is half a mile away. Mr. Beer said that there is an apartment building nearby with
approximately 200 residents who could benefit from a closer bus stop.
Mr. Fulton stated driving through path was a serious problem and staff will address that.
The other aspect was the question of bus access. STEP indicated that most clients use cars to
reach their facility, but it would be wonderful to have bus access there. He stated that the
City doesn’t have direct control of bus routes through the City. Mr. Fulton said staff will
make sure Metro Transit is aware of the facility and see if there are options to better serve it.
Mr. Beer noted as a project manager on large commercial buildings, his projects have been
mandated to add bus stops as part of the planning process in Minneapolis. He said it was
reasonable to assume there will be people using this program that would need bus service.
Some clients will have a half-mile walk to the bus stop. The path was intended to cut
through to the church.
Commissioner Johnston-Madison said she hoped the neighborhood will get involved if there
is discussion regarding a bus stop. She said it is a serious issue.
Chair Robertson suggested the frontage road as a possibility.
Chair Robertson closed the public hearing.
Commissioner Johnston-Madison made a motion to recommend approval of the
Conditional Use Permit, subject to conditions recommended by staff, and noting Planning
Commission comments about a bus stop and concerns about traffic on the path.
Commissioner Shapiro seconded the motion, and the motion passed on a vote of 4-0.
4. Other Business
Meeting of November 17, 2008 (Item No. 4g) Page 3
Subject: Planning Commission Minutes October 15, 2008
A. Request for vacation of drainage and utility easement
Location: 4210 28th Street West
Applicant: Ben Silverberg
Case No.: 08-33-VAC
Mr. Fulton presented the staff report.
Commissioner Carper asked if the purpose of the original easement was to provide a
drainage path from the adjacent lots in the neighborhood.
Mr. Fulton replied he didn’t have that information. He showed the location of the original
easement and noted this is a lot with double frontage on the north and south portion. He
explained it may have been the intent to divide this into two lots at some point, but at this
time two lots wouldn’t meet the code.
Commissioner Carper asked what the City can do to protect the homeowner who might
build there in terms of a foundation going down below the water table.
He said he assumed when they look at the flood basin, the water is probably permeating the
adjacent soils. He was curious about the position of the foundation versus the height of the
water.
Mr. Fulton replied the City Engineer had reviewed the project in detail. It is required that
the lowest level of this house has to be at least two feet above the flood elevation. As shown
in the attachment, 166 feet is the elevation where the flood area starts. The house would
have to be at least at 168 feet at the lowest point (floor level, not foundation). Mr. Fulton
said with a flood area, the objective is to make sure the house itself doesn’t flood. Footings
are in the soil and are typically designed to get wet.
Chair Robertson commented it looked like the original easement was placed where the
natural drainage was and there wasn’t a lot of thought beyond that. As the current zoning
requires different setbacks and they can’t make two lots out of it, taking a nice lot and
providing another single family home was in line with the City’s goals on housing. He said
he thought it was a good idea.
Commissioner Carper made a motion to recommend approval of the request for vacation of
drainage and utility easement subject to conditions recommended by staff.
Commissioner Shapiro seconded the motion, and the motion passed on a vote of 4-0.
Meeting of November 17, 2008 (Item No. 4g) Page 4
Subject: Planning Commission Minutes October 15, 2008
5. Communications
Ms. McMonigal noted the next meeting would be held on October 22nd. Topics for the
study session will include a CD presentation from the recent Minnesota chapter APA
conference. There will also be a discussion about the Comprehensive Plan.
6. Adjournment
The meeting was adjourned 6:28 p.m.
Respectfully submitted,
Amy Stegora-Peterson
Recording Secretary
Meeting Date: November 17, 2008
Agenda Item #: 4h
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Vendor Claims.
RECOMMENDED ACTION:
Motion to accept for filing Vendor Claims for the period November 1, 2008 through November 14,
2008.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
The Finance Department prepares this report on a monthly basis for Council’s review.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
Not applicable.
Attachments: Vendor Claims
Prepared by: Connie Neubeck, Account Clerk
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
1Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
624.00SKATEBOARD/INLINE PROGRAMS OTHER CONTRACTUAL SERVICES3RD LAIR SKATEPARK
624.00
53.04TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC
53.04
37.27PARK GROUNDS MAINTENANCE GENERAL SUPPLIESAAA LAMBERTS LANDSCAPE PRODUCT
37.27
4,705.49EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTAAA-LICENSE DIVISION
4,705.49
150.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTATABDO EICK & MEYERS LLP
150.00
12,600.56EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTACTION FLEET INC
12,600.56
8.60-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSAFTON CEDAR WORKS
140.84FALLGENERAL SUPPLIES
132.24
250.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESALBERTSSON HANSEN ARCHITECTURE
250.00
100.00ADMINISTRATION G & A RENTAL BUILDINGSALDERSGATE UNITED METHODIST CH
100.00
86.82GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER
137.70PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
101.34PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
145.29ENTERPRISE G & A GENERAL SUPPLIES
146.78VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
33.96WATER UTILITY G&A OPERATIONAL SUPPLIES
33.96SEWER UTILITY G&A OPERATIONAL SUPPLIES
685.85
1,269.10PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO
1,269.10
1,234.45STORM WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATANDERSON, SCOTT
1,234.45
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 2
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
2Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
352.26GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESANDERSON, TRAVIS
352.26
166.25VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSAPWA REGISTRATION
166.25
147.56NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESAQUILA NEIGHBORHOOD ASSN
147.56
291.90ENTERPRISE G & A GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS
291.90
71.90OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS
71.90
5,533.74WATER UTILITY G&A OTHER IMPROVEMENT SERVICEAUTOMATIC SYSTEMS INC
24,213.87WATER UTILITY G&A YARD WASTE SERVICE
29,747.61
150.59INSTALLATIONOTHER IMPROVEMENT SUPPLIESB&F FASTENER SUPPLY
150.59
1,606.37WATER UTILITY G&A OTHER CONTRACTUAL SERVICESBADGER METER INC
1,606.37
170.38PARK MAINTENANCE G & A GENERAL SUPPLIESBATTERIES PLUS
18.73VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
8.48SEWER UTILITY G&A GENERAL SUPPLIES
197.59
10,903.65GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESBEACH, WILLIAM & JULIE
10,903.65
27.20ADMINISTRATION G & A MEETING EXPENSEBEEKS PIZZA
27.20
10.73-SOLID WASTE BALANCE SHEET DUE TO OTHER GOVTSBLUE SKY GUIDE
175.73SOLID WASTE G&A OFFICE SUPPLIES
165.00
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 3
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
3Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
10,000.00PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICESBNSF RAILWAY COMPANY
10,000.00
6,100.34FABRICATIONOTHER IMPROVEMENT SUPPLIESBOHN WELDING INC
6,100.34
446.98PREVENTATIVE MAINTENANCE EQUIPMENT PARTSBOYER TRUCK PARTS
81.28GENERAL REPAIR EQUIPMENT PARTS
528.26
100.00HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICESBUNKER PARK STABLE
100.00
167.60DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE
167.60
4,294.56INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESCARVER, CITY OF
4,294.56
1,416.36DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC
1,416.36
17,791.30DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT
2,090.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES
25,000.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES
44,881.30
1,047.34FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY
410.35PARK MAINTENANCE G & A HEATING GAS
39.95WESTWOOD G & A HEATING GAS
96.12NATURALIST PROGRAMMER HEATING GAS
4,088.45WATER UTILITY G&A HEATING GAS
40.66REILLY G & A HEATING GAS
174.27SEWER UTILITY G&A HEATING GAS
5,897.14
8,891.18ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN
8,891.18
8,480.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND
8,480.00
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 4
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
4Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
105.93HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTCITIZENS INDEPENDENT BANK
901.17COMM & MARKETING G & A TELEPHONE
106.19SUPERVISORYSEMINARS/CONFERENCES/PRESENTAT
54.10INSPECTIONS G & A GENERAL SUPPLIES
1,339.86FRANCHISE ADMINISTRATION SEMINARS/CONFERENCES/PRESENTAT
660.00EQUIPMENT MANAGEMENT OFFICE EQUIPMENT
3,167.25
63.00ADULT PROGRAMS PROGRAM REVENUECOBB, TYLA
63.00
1,638.94CONCESSIONSCONCESSION SUPPLIESCOCA-COLA BOTTLING CO
1,638.94
13,820.04ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES
13,820.04
219.90NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST
219.90
12,291.20EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S
12,291.20
14,372.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCONCRETE ETC INC
14,372.00
26.07WESTWOOD G & A OTHER IMPROVEMENT SUPPLIESCONSTRUCTION MATERIALS
26.07
8,158.89POLICE G & A OTHER CONTRACTUAL SERVICESCORNERSTONE ADVOCACY SERVICE
8,158.89
5,543.79EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTCRYSTEEL TRUCK EQUIP INC
5,543.79
13.77POLICE G & A OPERATIONAL SUPPLIESCUB FOODS
185.88POLICE G & A SUBSISTENCE SUPPLIES
199.65
3,992.69SSD 1 G&A OTHER CONTRACTUAL SERVICESCUSTOM PRODUCTS & SERVICES
4,164.42SSD 2 G&A OTHER CONTRACTUAL SERVICES
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 5
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
5Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
823.78SSD 3 G&A OTHER CONTRACTUAL SERVICES
8,980.89
210.82NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESDAVIS, JODI
210.82
11,769.38INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY
11,769.38
212.25ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC
212.25
14.38SANDING/SALTING EQUIPMENT PARTSDISCOUNT STEEL INC
683.20GENERAL REPAIR GENERAL SUPPLIES
697.58
2,833.59PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC
2,833.59
35.81FRANCHISE ADMINISTRATION SEMINARS/CONFERENCES/PRESENTATDUNLAP, REG
35.81
2,520.00INSTALLATIONOTHER CONTRACTUAL SERVICESEGAN COMPANIES INC
2,520.00
16,726.00VEHICLE MAINTENANCE G&A MOTOR FUELSEGAN OIL CO
16,726.00
143,830.00CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIELECTRICAL INSTALLATION & MAIN
143,830.00
772.13TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEEMERY'S TREE SERVICE INC
772.13
894.94GENERAL REPAIR EQUIPMENT PARTSENVIRONMENTAL EQUIPMENT & SERV
894.94
482.45PREVENTATIVE MAINTENANCE GENERAL SUPPLIESFACTORY MOTOR PARTS CO
482.45
120.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTFARBOTKO, COLIN
120.00
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 6
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
6Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
1.18GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESFASTENAL COMPANY
125.89WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
127.07
217.52WATER UTILITY G&A OTHER CONTRACTUAL SERVICESFEDEX
217.52
436.95ICE RESURFACER MOTOR FUELSFERRELLGAS
436.95
95.59VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICEFIRST STATE TIRE RECYCLING
95.59
919.18HUMAN RESOURCES TRAININGFOSSE, ALI
919.18
333.34ADMINISTRATION G & A LEGAL SERVICESFRANZEN & ASSOCIATES LLC
333.34
932.11ARENA MAINTENANCE BUILDING MTCE SERVICEGARTNER REFRIG & MFG INC
932.11
5,000.00ESCROWSPMC ESCROWGATZMER, DAVE
5,000.00
8.91-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTSGENERAL SAFETY EQUIPMENT CORP
145.91EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
137.00
39.00ASSESSING G & A TRAININGGOLDEN VALLEY, CITY OF
39.00FINANCE G & A TRAINING
39.00PUBLIC WORKS G & A TRAINING
117.00
479.25EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTGRAFIX SHOPPE
479.25
12.82VEHICLE MAINTENANCE G&A SMALL TOOLSGRAINGER INC, WW
12.82
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 7
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
7Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
455.00DAMAGE REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR
455.00
98.17DARE PROGRAM OPERATIONAL SUPPLIESGRONSKI, PAM
98.17
9,900.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGROTH SEWER & WATER
9,900.00
372.00FOOTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE
372.00
40.36PUBLIC WORKS G & A MILEAGE-PERSONAL CARHANSEN, SHANNON
40.36
515.25DAMAGE REPAIR UNINSURED LOSSHARMON INC
515.25
6,677.38WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC
6,677.38
1,849.76POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH
932.84OPERATIONSRADIO COMMUNICATIONS
315.16OPERATIONSEMERGENCY PREPAREDNESS
3,097.76
1,515.00POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER
118.92PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE
1,633.92
1,287.50OPERATIONSGENERAL PROFESSIONAL SERVICESHENNEPIN FACULTY ASSOCIATES
1,287.50
73.49INSTALLATIONOTHER IMPROVEMENT SUPPLIESHOME DEPOT CREDIT SERVICES
72.00PARK MAINTENANCE G & A GENERAL SUPPLIES
62.74PARK MAINTENANCE G & A SMALL TOOLS
38.68SKATING RINK MAINTENANCE GENERAL SUPPLIES
246.91
148.41GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME HARDWARE
2.44FOOTBALLGENERAL SUPPLIES
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 8
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
8Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
22.30PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES
12.76WATER UTILITY G&A GENERAL SUPPLIES
53.80WATER UTILITY G&A SMALL TOOLS
4.58SEWER UTILITY G&A GENERAL SUPPLIES
28.52STORM WATER UTILITY G&A GENERAL SUPPLIES
272.81
101.20ASSESSING G & A MILEAGE-PERSONAL CARHOPPE, MARK
101.20
12.15HALLOWEEN PARTY CONCESSION SUPPLIESHSBC BUSINESS SOLUTIONS
12.15
1,120.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSICMA
1,120.00
104.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESIND SCHOOL DIST #283
104.00
161.77GENERAL REPAIR EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M
161.77
71.79ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN
74.24POLICE G & A OTHER CONTRACTUAL SERVICES
146.03
242.32ADMINISTRATION G & A RENTAL EQUIPMENTJ & F REDDY RENTS
242.32
225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESJDA DESIGN ARCHITECTS
225.00
434.00KICKBALLOTHER CONTRACTUAL SERVICESJOHNSON, SUSAN
434.00
34.95INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSJOURNAL OF LIGHT CONSTRUCTION
34.95
9.00PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY
157.47WESTWOOD G & A GENERAL SUPPLIES
166.47
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 9
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
9Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
28,083.00CE INSPECTION OTHER CONTRACTUAL SERVICESKLM ENGINEERING INC.
28,083.00
600.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESKRECH, O'BRIEN, MUELLER & WASS
600.00
550.00TRAININGSEMINARS/CONFERENCES/PRESENTATLAKE SUPERIOR COLLEGE
550.00
518.99GENERAL REPAIR EQUIPMENT PARTSLANO EQUIPMENT INC
518.99
386.61SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESLARSON, JH CO
386.61
120.33VEHICLE MAINTENANCE G&A GENERAL SUPPLIESLAWSON PRODUCTS INC
120.33
15.00PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPSLEAGUE OF MN CITIES
15.00ENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPS
15.00PUBLIC WORKS OPS G & A SUBSCRIPTIONS/MEMBERSHIPS
20.00TRAININGSEMINARS/CONFERENCES/PRESENTAT
65.00
2,422.95UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE
2,422.95
111.00POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS
111.00
80.00FRANCHISE ADMINISTRATION SEMINARS/CONFERENCES/PRESENTATMACTA
80.00
188.67SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE
176.39SSD 2 G&A OTHER CONTRACTUAL SERVICES
552.44SSD 3 G&A OTHER CONTRACTUAL SERVICES
917.50
80.00WESTWOOD G & A TRAININGMCCONNELL, BECKY
80.00
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 10
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
10Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
141.65PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS
30.35VEHICLE MAINTENANCE G&A MOTOR FUELS
172.00
72.89GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESMENARDS
47.31PARK MAINTENANCE G & A GENERAL SUPPLIES
125.35WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES
20.03WESTWOOD G & A GENERAL SUPPLIES
31.41WATER UTILITY G&A BUILDING MTCE SERVICE
296.99
92.43PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT
92.43
50.00OPERATIONSEQUIPMENT MTCE SERVICEMETRO FIRE INC
50.00
424.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS
424.00
242,104.50INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL
242,104.50
50.00INSTRUCTIONAL SKATING LESSONS PROGRAM REVENUEMEYS, EVE
50.00
11,186.97SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP
160.29PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES
1,804.15PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
13,151.41
514.28OPERATIONSGENERAL SUPPLIESMIDWEST BADGE & NOVELTY CO
514.28
425.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT
425.00
472.55EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC
472.55
1,430.24EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT
1,430.24
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 11
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
11Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS
16.00
375.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA SAFETY COUNCIL
375.00
125.49PUBLIC WORKS OPS G & A OFFICE SUPPLIESMINNESOTA TRUCKING ASSOC
125.49PARK MAINTENANCE G & A GENERAL SUPPLIES
125.50SEWER UTILITY G&A GENERAL SUPPLIES
376.48
1,136.57H.V.A.C. EQUIP. MTCE BLDG/STRUCTURE SUPPLIESMINVALCO INC
1,136.57
90.00BUILDING MAINTENANCE LICENSESMN DEPT LABOR & INDUSTRY
20.00VEHICLE MAINTENANCE G&A LICENSES
110.00
18.78GENERAL REPAIR EQUIPMENT PARTSMORRIE'S PARTS & SERVICE GROUP
18.78
300.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSMPELRA
300.00
95.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSN E H A
95.00
49.82PARK MAINTENANCE G & A GENERAL SUPPLIESNAPA (GENUINE PARTS CO)
281.78BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES
15.71PREVENTATIVE MAINTENANCE GENERAL SUPPLIES
56.51PREVENTATIVE MAINTENANCE EQUIPMENT PARTS
65.94GENERAL REPAIR GENERAL SUPPLIES
947.04GENERAL REPAIR EQUIPMENT PARTS
1,416.80
731.76STORM WATER UTILITY G&A REPLACEMENTSNEENAH FOUNDREY
731.76
70,545.95EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTNELSON AUTO CENTER
70,545.95
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 12
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
12Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
33.93-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSNEPM
555.93OPERATIONSFIRE PREVENTION SUPPLIES
522.00
1,500.00CONDITIONAL USE PERMITS ZONING/SUBDIVISIONNORTHLAND ALUMINUM PRODUCTS
1,500.00
40.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA
40.00
500.00ANIMAL CONTROL OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL
500.00
114.66WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK
114.66
379.94ADMINISTRATION G & A GENERAL SUPPLIESOFFICE DEPOT
6.22IT G & A OFFICE SUPPLIES
45.20ASSESSING G & A OFFICE SUPPLIES
68.16FINANCE G & A OFFICE SUPPLIES
46.56GENERAL INFORMATION OFFICE SUPPLIES
65.65POLICE G & A OFFICE SUPPLIES
221.35COMMUNICATIONS/GV REIMBURSEABL OPERATIONAL SUPPLIES
2.90OPERATIONSOFFICE SUPPLIES
165.19INSPECTIONS G & A GENERAL SUPPLIES
21.08PUBLIC WORKS G & A OFFICE SUPPLIES
42.59PUBLIC WORKS OPS G & A OFFICE SUPPLIES
98.41ORGANIZED REC G & A OFFICE SUPPLIES
42.59PARK MAINTENANCE G & A OFFICE SUPPLIES
42.58VEHICLE MAINTENANCE G&A OFFICE SUPPLIES
1,248.42
1,892.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM
1,892.00
149.36GENERAL REPAIR GENERAL SUPPLIESOLSEN CHAIN & CABLE CO INC
149.36
2,342.08PORTABLE TOILETS OTHER CONTRACTUAL SERVICESON SITE SANITATION
133.13WESTWOOD G & A OTHER CONTRACTUAL SERVICES
2,475.21
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 13
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
13Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
273.77PREVENTATIVE MAINTENANCE GENERAL SUPPLIESPARTS ASSOCIATES INC
273.77
7,251.16PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESPETERSEN ALUMINUM CORP
7,251.16
7.09WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC
10.00WESTWOOD G & A TRAINING
2.78FAMILY PROGRAMS GENERAL SUPPLIES
3.49NVYGENERAL SUPPLIES
11.96SCHOOL GROUPS GENERAL SUPPLIES
37.84HALLOWEEN PARTY GENERAL SUPPLIES
73.16
138.48PLAYGROUND EQUIPMENT MAINTENAN GENERAL SUPPLIESPLAYPOWER LT FARMINGTON INC
138.48
261.30GENERAL REPAIR EQUIPMENT MTCE SERVICEPOMP'S TIRE SERVICE INC
261.30
362.50PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM
362.50
200.44WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603
200.44SEWER UTILITY G&A POSTAGE
200.44SOLID WASTE COLLECTIONS POSTAGE
200.44STORM WATER UTILITY G&A POSTAGE
801.76
39.99-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTSPRECISION MOUNTING TECHNOLOGIE
655.28EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
615.29
2,709.02SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIESPREMIER RINKS INC
2,709.02
180.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC
180.00
547.93GENERAL REPAIR EQUIPMENT PARTSQUEST ENGINEERING INC
547.93
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 14
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
14Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
29.07VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER
48.73GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICES
77.80
645.87FACILITY OPERATIONS TELEPHONEQWEST
626.70COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
1,272.57
117.68WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING
117.68SEWER UTILITY G&A POSTAGE
117.68SOLID WASTE COLLECTIONS POSTAGE
117.69STORM WATER UTILITY G&A POSTAGE
470.73
215.28PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIREED BUSINESS INFORMATION
215.28
555.70ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRICHARDSON, TERESA
555.70
259.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSROTARY CLUB OF SLP
55.00SUPERVISORYSUBSCRIPTIONS/MEMBERSHIPS
216.00SUPERVISORYMEETING EXPENSE
530.00
245.10ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH
245.10
28.00POLICE G & A OPERATIONAL SUPPLIESSIGN IMAGES
5.50POLICE G & A POSTAGE
33.50
10,600.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESSIGNATURE MECHANICAL INC
10,600.00
1,043.88BUILDING MAINTENANCE BUILDING MTCE SERVICESIMPLEXGRINNELL LP
1,043.88
243.11BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSPS COMPANIES INC
273.95PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
517.06
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 15
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
15Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
1,012.00THE WESTWOOD CREW OTHER CONTRACTUAL SERVICESST LOUIS PARK TRANSP INC
682.50HALLOWEEN PARTY OTHER CONTRACTUAL SERVICES
1,694.50
62.92ADMINISTRATION G & A LONG TERM DISABILITYSTANDARD INSURANCE COMPANY, TH
55.19HUMAN RESOURCES LONG TERM DISABILITY
15.76COMM & MARKETING G & A LONG TERM DISABILITY
43.35IT G & A LONG TERM DISABILITY
19.89ASSESSING G & A LONG TERM DISABILITY
73.25FINANCE G & A LONG TERM DISABILITY
114.67COMM DEV G & A LONG TERM DISABILITY
18.17FACILITIES MCTE G & A LONG TERM DISABILITY
125.46POLICE G & A LONG TERM DISABILITY
79.69OPERATIONSLONG TERM DISABILITY
77.18INSPECTIONS G & A LONG TERM DISABILITY
45.37PUBLIC WORKS G & A LONG TERM DISABILITY
58.05ENGINEERING G & A LONG TERM DISABILITY
21.18PUBLIC WORKS OPS G & A LONG TERM DISABILITY
85.00ORGANIZED REC G & A LONG TERM DISABILITY
21.18PARK MAINTENANCE G & A LONG TERM DISABILITY
17.66ENVIRONMENTAL G & A LONG TERM DISABILITY
17.66WESTWOOD G & A LONG TERM DISABILITY
18.67REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY
18.17VEHICLE MAINTENANCE G&A LONG TERM DISABILITY
17.16HOUSING REHAB G & A LONG TERM DISABILITY
21.18WATER UTILITY G&A LONG TERM DISABILITY
2,244.83EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY
3,271.64
200.09GENERAL REPAIR EQUIPMENT PARTSSTONEBROOKE EQUIPMENT INC
6,640.28EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
6,840.37
619.23POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S
495.40RANGEOPERATIONAL SUPPLIES
89.97ERUOPERATIONAL SUPPLIES
1,757.25GENERAL REPAIR EQUIPMENT PARTS
103.82SEWER UTILITY G&A SMALL TOOLS
1,447.84EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
4,513.51
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 16
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
16Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
86.72PREVENTATIVE MAINTENANCE EQUIPMENT PARTSSUBURBAN CHEVROLET
188.11GENERAL REPAIR EQUIPMENT PARTS
274.83
325.34ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS
123.34PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI
448.68
10,678.80GO BONDS-FIRE STATIONS G&A GENERAL PROFESSIONAL SERVICESSUNDE LAND SURVEYING LLC
10,678.80
17.79POLICE G & A OPERATIONAL SUPPLIESTARGET BANK
116.20POLICE G & A SUBSISTENCE SUPPLIES
133.99
203.90BUILDING MAINTENANCE EQUIPMENT MTCE SERVICETENNANT SALES AND SERVICE CO.
203.90
34.12GENERAL REPAIR GENERAL SUPPLIESTERMINAL SUPPLY CO
34.12
144.32WESTWOOD G & A BUILDING MTCE SERVICETERMINIX INT
144.32
670.00ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL
670.00
483.86CE INSPECTION IMPROVEMENTS OTHER THAN BUILDITKDA
483.86
1,282.37GENERAL REPAIR EQUIPMENT MTCE SERVICETOWMASTER
1,282.37
9,427.33PAINTINGOTHER CONTRACTUAL SERVICESTRAFFIC MARKING SERVICE INC
9,427.33
2,837.78WESTWOOD G & A OTHER CONTRACTUAL SERVICESTREE TRUST
13,597.77PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
16,435.55
20.26GENERAL REPAIR EQUIPMENT PARTSTRI STATE BOBCAT
20.26
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 17
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
17Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
429.92GENERAL REPAIR EQUIPMENT PARTSTRUCK BODIES & EQUIPMENT INTL
429.92
80.00DARE PROGRAM OPERATIONAL SUPPLIESUNIFORMS UNLIMITED
88.00SUPPORT SERVICES OPERATIONAL SUPPLIES
80.00SUPERVISORYOPERATIONAL SUPPLIES
702.95PATROLOPERATIONAL SUPPLIES
610.00SCHOOL LIASON OPERATIONAL SUPPLIES
80.00COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES
1,640.95
244.50EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA
244.50
66.30WATER UTILITY G&A TELEPHONEUSA MOBILITY WIRELESS INC
66.30
47.94VEHICLE MAINTENANCE G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC
36.68GENERAL REPAIR GENERAL SUPPLIES
84.62
1,000.00ESCROWSPMC ESCROWVAUGHAN, GARRY
1,000.00
134.55ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM
134.55
72.32COMMUNICATIONS/GV REIMBURSEABL TELEPHONEVERIZON WIRELESS
72.32
370.00VEHICLE MAINTENANCE G&A GENERAL SUPPLIESVIKING ID PRODUCTS
370.00
69.46ENGINEERING G & A GENERAL SUPPLIESVIKING INDUSTRIAL CTR
69.46
1,918.61PARK BUILDING MAINTENANCE OTHERWACO SCAFFOLDING & EQUIPMENT
1,918.61
431.50PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESWASTE TECHNOLOGY INC
431.50
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 18
11/12/2008CITY OF ST LOUIS PARK 14:37:53R55CKSUM LOG23000VO
18Page -Council Check Summary
11/14/2008 -11/01/2008
Vendor AmountBusiness Unit Object
2,288.56WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIWEBER ELECTRIC
2,288.56
1.49-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSWHEELER'S AUTOBODY SUPPLY
24.47GENERAL REPAIR EQUIPMENT PARTS
22.98
814.23PUBLIC WORKS G & A MEETING EXPENSEWHITE, PERRY
814.23
534.50INSPECTIONS G & A GENERAL SUPPLIESWILLIAMS SCOTSMAN INC
534.50
592.40EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE
592.40
8,666.26FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY
430.61PUBLIC WORKS OPS G & A ELECTRIC SERVICE
148.67PARK BUILDING MAINTENANCE ELECTRIC SERVICE
487.46WESTWOOD G & A ELECTRIC SERVICE
12,370.87ENTERPRISE G & A ELECTRIC SERVICE
555.64WATER UTILITY G&A ELECTRIC SERVICE
120.45OPERATIONSELECTRIC SERVICE
1,673.92WIRELESS G & A OTHER CONTRACTUAL SERVICES
24,453.88
2,250.00WIRELESS G & A OTHER CONTRACTUAL SERVICESXO COMMUNICATIONS
2,250.00
65.17COMM & MARKETING G & A MILEAGE-PERSONAL CARZWILLING, JAMES
65.17
Report Totals 941,667.21
Meeting of November 17, 2008 (Item No. 4h)
Subject: Vendor Claims Page 19
Meeting Date: November 17, 2008
Agenda Item #: 4i
MINUTES
St. Louis Park Housing Authority
St. Louis Park City Hall – Westwood Room
Wednesday, October 15, 2008
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt,
Renee Fitzgerald, Trinicia Hill
Commissioner Moore arrived at 5:15 p.m.
STAFF PRESENT: Jane Klesk, Kevin Locke, Teresa Schlegel, Michele Schnitker
1. Call to Order
The meeting was called to order at 5:04 p.m.
2. Approval of Minutes for September, 2008
The Board minutes of September 10, 2008 were unanimously approved.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Acceptance of Donation
Ms. Schnitker stated that the HA received a $50 donation from Residential
Mortgage Group (RMG) on behalf of Tiffani Bosage, under their charitable
donation program called “Refer A Friend”, and suggested that the donation be given
to the Hamilton House Resident Council to assist in funding various resident
activities. Commissioner Fillbrandt moved to accept the donation from Residential
Mortgage Group, in the amount of $50, for use by the Hamilton House Resident
Council, and Commissioner Fitzgerald seconded the motion. The motion passed 4-
0.
Meeting of November 17, 2008 (Item No. 4i) Page 2
Subject: Housing Authority Minutes October 15, 2008
b. Approval of FSS Contract Amendment
Ms. Schnitker explained that since the HA has secured grants for both a Public
Housing and Section 8 FSS coordinator, the position will increase from .4 to .6 FTE.
Additionally, the contract fee will increase to an amount that adequately compensates
Resource, Inc. for costs associated with the service coordinator position, reinstating
contract cuts made in 2006. Commissioner Fitzgerald moved to authorize the
Executive Director to enter into an agreement with Resource, Inc. to administer the
TRAILS self sufficiency program from October 15, 2008 through December 31,
2009, for an amount not to exceed $45,433, with the TRAILS coordinator position
increasing from .4 to .6 FTE. Commissioner Fillbrandt seconded the motion, and
the motion passed 5-0.
c. Scattered Site Review
Ms. Schlegel presented a virtual tour of eight single family, scattered site homes.
7. Communications from Executive Director
a. Claims List October – 2008
b. Communications
1. Monthly Report for October – 2008
2. Action Plan – Updated
3. Draft Financial Statements
4. Scattered Site Houses and Hamilton House (verbal report)
8. Other
9. Adjournment
Commissioner Fillbrandt moved to adjourn the meeting, and Commissioner Fitzgerald
seconded the motion. The motion passed 5-0. The meeting was adjourned at 5:47 p.m.
Respectfully submitted,
__________________________
Renee Fitzgerald, Secretary
Meeting Date: November 17, 2008
Agenda Item #: 6a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Public Hearing and First Reading of an Ordinance to Amend the City Charter.
RECOMMENDED ACTION:
Mayor to close public hearing. Motion to approve first reading of the ordinance to amend the St. Louis Park
Home Rule Charter: Table of Contents, chapters 3, 5, and index, and set second reading for December 1,
2008 (7 affirmative votes required).
POLICY CONSIDERATION:
Does the City Council wish to amend the Table of Contacts, Chapters 3 (section 3.10), 5 (section 5.06) and
Index of the St. Louis Park Home Rule Charter, as recommended by the Charter Commission?
BACKGROUND:
At the Charter Commission meeting on September 10, 2008, Charter Commissioners unanimously voted to
recommend that the City Council pass an ordinance amending Sections 3.10 and 5.06 of the St. Louis Park
City Charter. The Charter Commission reviewed and discussed the proposed changes at the request of City
staff and the City Attorney for the following reasons:
Section 3.10 requires the city to recodify the City Code every ten years. The City Clerk’s office updates
the Code whenever ordinances are adopted, amended or repealed in a timely manner and keeps these
records electronically. While this section may have been needed in earlier years, with electronic
recordkeeping, this section is not necessary.
Section 5.06 requires the City Council to award contracts to the lowest responsible bidder. In recent
years, the State Legislature has amended contract laws to include best value contracting, which considers
other factors than just price. For staff to use best value contracting, this section needs to be amended
(attached is background information on “Best Value Contracting”.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Draft Ordinance to Amend the St. Louis Park Home Rule Charter
Study Session Report August 28, 2008
Copy of Amended Home Rule Charter Table of Contents and Index on File with
City Clerk
Prepared by: Marcia Honold, Management Assistant
Reviewed by: Nancy Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No 6a) Page 2
Subject: Proposed Amendments to the City Charter
ORDINANCE NO. ____-08
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. LOUIS PARK
CITY CHARTER CONCERNING REVISION AND CODIFICATION
OF ORDINANCES AND CONTRACTS
PREAMBLE
WHEREAS, pursuant to Minn. Stat. § 410.12, Subd. 7 the Charter Commission has recommended to
the City Council that the Charter be amended as provided herein; and
WHEREAS, Minn. Stat. § 410.12, Subd. 7 provides that upon recommendation of the Charter
Commission the City Council may enact a Charter Amendment by ordinance.
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS:
SECTION 1. Section 3.10 of the St. Louis Park City Charter is deleted:
SECTION 2. Section 5.06 of the St. Louis Park City Charter is amended as follows:
Section 5.06. Contracts--How Let.
City contracts must be made in compliance with State law. The City Council may reject any and all bids.
SECTION 3. This Ordinance shall take effect ninety days after its publication.
Date of Publication October 23, 2008 &
October 30, 2008
Public Hearing and First
Reading
November 17, 2008
Second Reading December 1, 2008
Date of Publication December 11, 2008
Date Ordinance takes effect March 11, 2009
Reviewed for Administration Adopted by the City Council December 1, 2008
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting of November 17, 2008 (Item No 6a) Page 3
Subject: Proposed Amendments to the City Charter
Meeting Date: August 25, 2008
Agenda Item #: 10
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Amendments to St. Louis Park Home Rule Charter
RECOMMENDED ACTION:
No formal action required. This report is intended to inform Council of two amendments staff
proposes to discuss with the Charter Commission. These changes relate to Sections 5.06 Contracts
– How Let and Section 3.10 Revisions and Codification of Ordinances
POLICY CONSIDERATION:
The St. Louis Park Charter Commission holds its next meeting on September 10, 2008. Does the
Council have concerns with staff discussing with the Charter Commission two changes to the City’s
Charter, Section 3.10 Revisions and Codification of Ordinances and Section 5.06 Contracts – How
Let?
BACKGROUND:
The Charter was last updated on June 7, 2005 and changes are usually considered when there is a
business need or if state law requires a change. Staff has identified two recommended changes to the
Charter. The first is to Section 3.10 Revisions and Codification of Ordinances (business need) and
the second is to Section 5.06 Contracts (change in state law).
St. Louis Park City Charter – Section 3.10 Revision and Codification of Ordinances
Section 3.10 of the Charter requires that the “ordinances of the City shall be revised, rearranged and
codified at intervals of not more than 10 years”. The purpose of this provision is to insure that the
City’s official ordinances are kept up to date and accurate, particularly with regard to amendments
that may have been made along the way. It has been about 10 years since a major recodification of
the City’s codes was undertaken. Since that time, the City Clerk’s Office maintains an electronic
copy of the ordinances and has been doing an excellent job of updating and maintaining the city’s
ordinances, making any changes to the public copies after an ordinance becomes effective.
Amendments are updated on the city’s website, in the Citywide Records Library and hard copies are
distributed to the library, attorney and city departments.
Because the city ordinances are continually maintained to keep our codes in order and accurate for
our business needs, staff and the City Attorney recommend that Section 3.10, which requires the
city to recodify the city’s ordinances every ten (10) years, be deleted.
Meeting of November 17, 2008 (Item No 6a) Page 4
Subject: Proposed Amendments to the City Charter
St. Louis Park City Charter – Section 5.06 Contracts – How Let
In 2007, the State Legislature passed into law an alternative to the competitive bidding system called
Best Value Contracting. Best value contracting allows a city to consider price and performance
measures when soliciting and evaluating proposals for construction projects. While it doesn’t replace
the practice of selecting the lowest responsible bidder as set forth under the uniform municipal
contracting law, it is another tool that government entities can use to evaluate and select contractors
for construction projects, such as public buildings. Staff has attached a summary on best value
contracting from the League of Minnesota Cities that describes this process in more detail.
The City’s Attorney has reviewed the City Charter and has stated that the city’s ordinances would
allow for the best value contracting approach. However, for the City to have the flexibility to use
best value contracting on a construction project, the Section 5.06 of the Charter would need to be
amended.
FINANCIAL OR BUDGET CONSIDERATION:
None
VISION CONSIDERATION:
None
Attachments: St. Louis Park City Charter – Sections 3.10 and 5.06
Summary of Best Value Contracting for Construction Law
Prepared by: Marcia Honold, Management Assistant
Reviewed by: Nancy Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No 6a) Page 5
Subject: Proposed Amendments to the City Charter
Excerpts from the St. Louis Park City Charter – adopted June 7, 2005
Section 3.10. Revision and Codification of Ordinances.
“The ordinances of the City shall be revised, rearranged and codified at intervals of not more
than ten (10) years. Such codification shall be published in book or continuously loose-leaf form and
copies shall be made available by the Council at the office of the City Clerk for general distribution
to the public at a reasonable charge. Such publication shall be a sufficient publication of all the
ordinances contained therein. Every book shall contain a printed certificate of the Mayor, attested to
by the City Clerk, that the publication is correct; and such book so published shall be received in
evidence in all courts for the purpose of proving the ordinances therein contained, the same as
though the original ordinances were produced in court.”
Section 5.06. Contracts--How Let.
“City contracts must be made in compliance with law. When competitive bids are submitted
the contract must be awarded to the lowest responsible bidder. The City Council may reject any and
all bids.”
Meeting of November 17, 2008 (Item No 6a) Page 6
Subject: Proposed Amendments to the City Charter
SUMMARY OF BEST VALUE CONTRACTING FOR CONSTRUCTION LAW
Prepared by: Miller O’Brien Cummins
What does the new law do? The new law provides an alternative to the current low-bid contracting
system. This alternative is Best Value Contracting (BVC), which uses the relationship between
performance and price to achieve the best overall value and lowest long term cost for government
construction projects. The new law allows state agencies, cities, counties, townships, school boards,
and other project owners to choose this new procurement system for their construction projects.
Best Value Definition: The new Best Value Contracting (BVC) law applies only to construction
projects. The law requires two factors to be considered during the procurement process: price and
performance. Nine other factors may be considered as part of the request for proposal (RFP) process,
including:
1. The quality of the vendor’s or contractor’s performance on previous projects;
2. The timeliness of the vendor’s or contractor’s performance on previous projects;
3. The level of customer satisfaction with the vendor’s or contractor’s performance on
previous projects;
4. The vendor’s or contractor’s record of performing previous projects on budget and ability
to minimize cost overruns;
5. The vendor’s or contractor’s ability to minimize change orders;
6. The vendor’s or contractor’s ability to prepare appropriate project plans;
7. The vendor’s or contractor’s technical capacities;
8. The individual qualifications of the contractor’s key personnel; or
9. The vendor’s or contractor’s ability to assess and minimize risks.
The law specifically states that “performance on previous projects” does not include whether
someone has asserted a previous legal challenge against the project owner.
Who may use Best Value Contracting: The new BVC program is open to all construction
contractors who submit detailed information on their past performance and qualifications to the
government agency awarding the contract. The program has three phases. Phase I, which begins
August 1, 2007, allows all state agencies, all counties and cities, and school districts with the highest
25% enrollment of students in the state to use Best Value Contracting. Phase II begins August 1,
2009, and includes all users in Phase I and also all school districts with the highest 50% enrollment.
Phase III begins August 1, 2010, and includes all users in Phase I and II, as well as all other
townships, school districts, and political subdivisions in the state.
Limits on Best Value Contracting: In addition to the phase-in component, there is a 20% cap on the
number of projects that can use Best Value Contracting in the first three years of the program.
However, the cap is relaxed for small project owners, who may use BVC for either one project
annually or 20% of its projects, whichever is greater.
Meeting of November 17, 2008 (Item No 6a) Page 7
Subject: Proposed Amendments to the City Charter
What information must be in the RFP? The criteria used to evaluate BVC projects must be included
in the RFP and must be evaluated in an open and competitive manner. The RFP must also state the
relative weight of price and other selection criteria. If a project owner uses an interview of the vendor
or contractor’s personnel as a factor in the selection criteria, the relative weight of the interview must
be stated in the RFP and applied accordingly.
Training component: Any staff or consultants who administer procurement procedures for a BVC
project owner must receive training in the RFP process for BVC for construction projects. The
Commissioner of the Department of Administration is given authority to establish a training
program for state and local government officials, as well as vendors and contractors, and is allowed to
charge for this training. However, the law is flexible regarding the type and amount of training
required, and may be conducted by entities other than the Department of Administration.
Meeting Date: November 17, 2008
Agenda Item #: 8a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End).
RECOMMENDED ACTION:
Motion to Approve Resolutions Awarding the Sale of the $4,075,000 General Obligation Bonds
Series 2008A and the $5,630,000 General Obligation Tax Increment Bonds, Series 2008B.
POLICY CONSIDERATION:
Does the City Council wish to issue bonds to provide the financing necessary for the MSC
expansion and the construction of the improvements to Park Place Blvd?
BACKGROUND:
On October 20, 2008 the City Council approved a resolution providing for the sale of $4,075,000
General Obligation Utility Revenue Bonds, Series 2008A and $5,630,000 General Obligation Tax
Increment Bonds, Series 2008B.
.
The bond proceeds will be used to finance the MSC expansion and Park Place Boulevard
reconstruction. The City Council has passed the appropriate reimbursement resolution in August to
allow for financing these projects through general obligation bonds. Now that the construction costs
are more clearly known, we are accepting bids for these projects.
The MSC expansion has been discussed using a combination of cash on hand and bonding. As
outlined at the November 10 Study Session, the City’s bond counsel has informed us that
technically we cannot issue utility revenue bonds to pay for a building that houses utility staff and
equipment. Thus, these bonds will be issued as GO bonds as allowed under our City Charter.
However, these bonds will still be repaid by revenues of the city utility funds.
The 2008 bonds are scheduled to be sold at 11:00 am on November 17, 2008. Results of the sale
will be presented at the Council meeting that evening. In addition, the outcome of the city’s bond
rating discussion with Standard & Poor’s will be presented. The resolution awarding the sale of
bonds will be completed with the sale results and presented at the Council meeting.
Meeting of November 17, 2008 (Item No. 8a) Page 2
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
FINANCIAL OR BUDGET CONSIDERATION:
The MSC bonds are part of the $14 million that was projected to be issued in support of the Fire
Station construction process in the Financial Management Plan in May, along with the two $5
million dollar issues scheduled for 2010 and 2011.
Issuance of the bonds with the TIF pledge will allow the costs of construction to be paid without an
interfund loan to this TIF District.
VISION CONSIDERATION:
Not applicable.
Attachments: Resolutions
Prepared by: Bruce DeJong, Finance Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No. 8a) Page 3
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Extract of Minutes of Meeting
of the City Council of the City of
St. Louis Park, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
St. Louis Park, Minnesota, was duly held in the City Hall in said City on Monday, November 17,
2008, commencing at 7:30 P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City’s approximately $4,075,000 General
Obligation Utility Revenue Bonds, Series 2008A.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit
A attached.
After due consideration of the proposals, Member ____________________ then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption:
Meeting of November 17, 2008 (Item No. 8a) Page 4
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
RESOLUTION NO. 08-____
A RESOLUTION AWARDING THE SALE OF $_________ GENERAL
OBLIGATION UTILITY REVENUE BONDS,
SERIES 2008A; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County,
Minnesota (the “City”) as follows:
Section 1. Sale of Bonds.
1.01. It is determined that:
(a) the City engineer has recommended the construction of various improvements to the
City’s water and sewer utilities (the “Utilities Project”), and certain improvements to City’s
municipal service center building that are necessary to operate and maintain sewer and water utilities
(the “Service Center Project”).
(b) the City is authorized by Minnesota Statutes, Section 444.075 (the “Act”) to finance
all or a portion of the cost of the Utilities Project by the issuance of general obligation bonds of the
City payable from the net revenues of the water and sewer system.
(c) the City is also authorized by Section 6.15(b) of its City Charter to finance all or a
portion of the cost of the Service Center Project by the issuance of general obligation bonds by a
vote of at least six of its members.
(d) it is necessary and expedient to the sound financial management of the affairs of the
City to issue approximately $4,075,000 General Obligation Utility Revenue Bonds, Series 2008A
(the “Bonds”) pursuant to the Act to provide financing for the Utilities Project and the Service
Center Project.
1.02. The proposal of ______________________________________ (the “Purchaser”)
to purchase $_______________ General Obligation Utility Revenue Bonds, Series 2008A
(the “Bonds”) of the City described in the Terms of Proposal thereof is found and determined to be
a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of
$____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows:
Meeting of November 17, 2008 (Item No. 8a) Page 5
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Year Interest Rate Year Interest Rate
2011 2016
2012 2017
2013 2018
2014 2019
2015 2020
True interest cost: _________
1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of
$__________ shall be credited to the Debt Service Fund hereinafter created, or deposited in the
Construction Fund under Section 4.01 hereof, as determined by the City’s financial advisor. The
City Finance Director is directed to retain the good faith check of the Purchaser, pending
completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on
behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Section 444.075 (the “Act”) and the City’s home rule charter, in the total principal amount of
$_________, originally dated December 11, 2008, in the denomination of $5,000 each or any
integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and
maturing serially on August 1 in the years and amounts as follows:
Year Amount Year Amount
2011 2016
2012 2017
2013 2018
2014 2019
2015 2020
1.05. Optional Redemption. The City may elect on August 1, 2016, and on any day
thereafter to prepay Bonds due on or after August 1, 2017. Redemption may be in whole or in part
and if in part, at the option of the City and in such manner as the City will determine. If less than
all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7
hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the
amount of each participant’s interest in such maturity to be redeemed and each participant will then
select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be
at a price of par plus accrued interest.
1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.
Meeting of November 17, 2008 (Item No. 8a) Page 6
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
will be payable on February 1 and August 1 of each year, commencing August 1, 2009, to the
registered owners of record thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds and
the registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the owner’s
attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
Meeting of November 17, 2008 (Item No. 8a) Page 7
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner’s order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof,
and upon furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it and as provided by law, in which both the City and
the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If the
mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption
in accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) to the registered owner of
each Bond to be redeemed at the address shown on the registration books kept by the
Registrar and by publishing the notice if required by law. Failure to give notice by
publication or by mail to registered owners, or any defect therein, will not affect the validity
of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease
to bear interest after the specified redemption date, provided that the funds for the
redemption are on deposit with the place of payment at that time.
Meeting of November 17, 2008 (Item No. 8a) Page 8
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
2.04. Appointment of Initial Registrar. The City appoints
___________________________, __________, Minnesota, as the initial Registrar. The Mayor
and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with
the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law to conduct such business, the
resulting corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The City reserves the
right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession
to the successor Registrar and must deliver the bond register to the successor Registrar. On or before
each principal or interest due date, without further order of this Council, the City Finance Director
must transmit to the Registrar moneys sufficient for the payment of all principal and interest then
due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that those signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on
the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office
until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any
purpose or entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed
by the same representative. The executed certificate of authentication on a Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the
Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Meeting of November 17, 2008 (Item No. 8a) Page 9
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
No. R-_____ UNITED STATES OF AMERICA $_________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST. LOUIS PARK
GENERAL OBLIGATION UTILITY REVENUE BOND,
SERIES 2008A
Rate
Maturity
Date of
Original Issue
CUSIP
August 1, 20__ December 11, 2008
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation
in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $__________ on the maturity date specified above with interest thereon from the
date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 2009, to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month.
The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by
______________________________, Minnesota, as Registrar, Paying Agent, Transfer Agent and
Authenticating Agent, or its designated successor under the Resolution described herein. For the
prompt and full payment of such principal and interest as the same respectively become due, the full
faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on August 1, 2016, and on any day thereafter to prepay Bonds due on or
after August 1, 2017. Redemption may be in whole or in part and if in part, at the option of the
City and in such manner as the City will determine. If less than all Bonds of a maturity are called
for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s
interest in such maturity to be redeemed and each participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
Meeting of November 17, 2008 (Item No. 8a) Page 10
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
This Bond is one of an issue in the aggregate principal amount of $_________ all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and interest
rate, all issued pursuant to a resolution adopted by the City Council on November 17, 2008 (the
“Resolution”), for the purpose of providing money to aid in financing various improvements to the
water and sewer utility system of the City, pursuant to and in full conformity with the home rule
charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Section 444.075 and the principal hereof and interest hereon are payable primarily from
the net revenues of the water and sewer plant and system of the City in a special debt service fund of
the City, as set forth in the Resolution to which reference is made for a full statement of rights and
powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment
of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property
in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without
limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in
denominations of $5,000 or any integral multiple thereof of single maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has
covenanted and agreed that it will continue to own and operate the water and sewer plant and
system free from competition by other like municipal utilities; that adequate insurance on said plant
and system and suitable fidelity bonds on employees will be carried; that proper and adequate books
of account will be kept showing all receipts and disbursements relating to the Water and Sewer
Fund, into which it will pay all of the gross revenues from the water and sewer plant and system; that
it will also create and maintain a General Obligation Utility Revenue Bonds, Series 2008A Debt
Service Fund, into which it will pay, out of the net revenues from the water and sewer system a sum
sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad
valorem tax levies, for any deficiency in required net water and sewer system revenues.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or
Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal
amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement
for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
Meeting of November 17, 2008 (Item No. 8a) Page 11
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws
of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF ST. LOUIS PARK,
MINNESOTA
(Facsimile) (Facsimile)
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
Authorized Representative
_________________________________
Meeting of November 17, 2008 (Item No. 8a) Page 12
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
________________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice: The assignor’s signature to this assignment must correspond with the name as
it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program
(“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other
such “signature guarantee program” as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as amended.
Meeting of November 17, 2008 (Item No. 8a) Page 13
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond
is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager will obtain a copy of the proposed approving legal opinion of
Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating
thereof and will cause the opinion to be printed on or accompany each Bond.
Section 4. Payment; Security; Pledges and Covenants.
4.01. (a) The City will create and continue to operate its Water and Sewer Fund to
which will be credited all gross revenues of the water and sewer plant and system and out of which
will be paid all normal and reasonable expenses of current operations of the water and sewer plant
and system. Any balance therein are deemed net revenues and will be transferred, from time to time,
to a General Obligation Utility Revenue Bonds, Series 2008A Debt Service Fund (the “Debt Service
Fund”) hereby created in the Water and Sewer Fund, which fund will be used only to pay principal
of and interest on the Bonds and any other bonds similarly authorized. There will always be
retained in the Debt Service Fund a sufficient amount to pay principal of and interest on all the
Bonds described in Section 1.01, and the City Manager must report any current or anticipated
deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service
Meeting of November 17, 2008 (Item No. 8a) Page 14
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the
minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in
the Debt Service Fund in accordance with Section 1.03 and (iii) the accrued interest paid by the
Purchaser upon closing and delivery of the Bonds.
(b) Construction Fund. The proceeds of the Bonds, less the appropriations made in
paragraph (a), together with any other funds appropriated during the construction of the Project
financed by the Bonds will be deposited in a separate construction fund (the “Construction Fund”)
to be used solely to defray expenses of the Utilities Project and the Service Center Project. When the
Utilities Project and Service Center Project are completed and the cost thereof paid, the
Construction Fund is to be closed and any balance therein is to be deposited in the Debt Service
Fund.
4.02. The City Council covenants and agrees with the holders of the Bonds that so long as
any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants
and agreements:
(a) The City will continue to maintain and efficiently operate the water and
sewer plant and system as public utilities and conveniences free from competition of other
like municipal utilities and will cause all revenues therefrom to be deposited in bank
accounts and credited to the water and sewer system accounts as hereinabove provided, and
will make no expenditures from those accounts except for a duly authorized purpose and in
accordance with this resolution.
(b) The City will also maintain the Debt Service Fund as a separate account in
the Water and Sewer Fund and will cause money to be credited thereto from time to time,
out of net revenues from the water and sewer plant and system in sums sufficient to pay
principal of and interest on the Bonds when due.
(c) The City will keep and maintain proper and adequate books of records and
accounts separate from all other records of the City in which will be complete and correct
entries as to all transactions relating to the water and sewer plant and system and which will
be open to inspection and copying by any bondholder, or the bondholder’s agent or
attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon
request and upon payment of a reasonable fee therefor, and said account will be audited at
least annually by a qualified public accountant and statements of such audit and report will
be furnished to all bondholders upon request.
(d) The City Council will cause persons handling revenues of the water and
sewer plant and system to be bonded in reasonable amounts for the protection of the City
and the bondholders and will cause the funds collected on account of the operations of the
water and sewer plant and system to be deposited in a bank whose deposits are guaranteed
under the Federal Deposit Insurance Law.
Meeting of November 17, 2008 (Item No. 8a) Page 15
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
(e) The Council will keep the water and sewer plant and system insured at all
times against loss by fire, tornado and other risks customarily insured against with an insurer
or insurers in good standing, in such amounts as are customary for like plants, to protect the
holders, from time to time, of the Bonds and the City from any loss due to any such casualty
and will apply the proceeds of such insurance to make good any such loss.
(f) The City and each and all of its officers will punctually perform all duties
with reference to the water and sewer plant and system as required by law.
(g) The City will impose and collect charges of the nature authorized by
Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce,
net revenues adequate to pay all principal and interest when due on the Bonds and to create
and maintain such reserves securing said payments as may be provided in this resolution.
(h) The City Council will levy general ad valorem taxes on all taxable property in
the City, when required to meet any deficiency in net revenues.
4.03. It is hereby determined that the estimated collection of net revenues for the payment
of principal and interest on the Bonds will produce at least five percent in excess of the amount
needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is
needed at this time.
4.04. The City Manager is authorized and directed to file a certified copy of this resolution
with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate
required by Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
5.02. The Mayor, City Manager and Finance Director are authorized and directed to
certify that they have examined the Official Statement prepared and circulated in connection with
the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made therein as
of the date of the Official Statement.
Meeting of November 17, 2008 (Item No. 8a) Page 16
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable
to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered
as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further
distribution as directed by the City’s financial adviser, Ehlers & Associates, Inc.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
6.02. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States unless the City is eligible for an exemption from
rebate under the Treasury Regulations.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be “private
activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Registrar in the name of
Cede & Co., as nominee of DTC.
Meeting of November 17, 2008 (Item No. 8a) Page 17
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
7.02. With respect to Bonds registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will
have no responsibility or obligation to any broker dealers, banks and other financial institutions from
time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other
person on behalf of which a Participant holds an interest in the Bonds, including but not limited to
any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.
or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant or any other person (other than a registered owner of Bonds, as shown by the registration
books kept by the Registrar), of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any Participant or any other person, other than a registered
owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the
Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose
name each Bond is registered in the registration books kept by the Registrar as the holder and
absolute owner of such Bond for the purpose of payment of principal, premium and interest with
respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all
other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the
Bonds only to or on the order of the respective registered owners, as shown in the registration books
kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge
the City’s obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds,
as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing
the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to
the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words
“Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City
Manager will promptly deliver a copy of the same to the Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any
Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to
take all action necessary for all representations of the City in the Representation letter with respect to
the Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered
owner in accordance with the provisions of this Resolution. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the City and
discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Registrar will authenticate
Meeting of November 17, 2008 (Item No. 8a) Page 18
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Bond certificates in accordance with this resolution and the provisions hereof will apply to the
transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC’s
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of
this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be
considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to cause the City to comply with its obligations under this section.
8.02. “Continuing Disclosure Certificate” means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
Section 9. Defeasance.
9.01. When all Bonds and all interest thereon, have been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds
will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment
of the principal of and interest on the Bonds will remain in full force and effect. The City may
discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a
sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in
full with interest accrued to the date of such deposit.
The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Meeting of November 17, 2008 (Item No. 8a) Page 19
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF ST. LOUIS PARK )
I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City Council of the City held on November
17, 2008 with the original minutes on file in my office and the extract is a full, true and correct copy
of the minutes insofar as they relate to the issuance and sale of $______________ General
Obligation Utility Revenue Bonds, Series 2008A of the City.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this
______ day of _______________, 2008.
City Clerk
St. Louis Park, Minnesota
(SEAL)
Meeting of November 17, 2008 (Item No. 8a) Page 20
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER’S
CERTIFICATE AS TO
COUNTY OF HENNEPIN REGISTRATION WHERE NO AD
VALOREM TAX LEVY
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a resolution adopted by the City Council of the City of St. Louis Park,
Minnesota, on November 17, 2008, relating to General Obligation Utility Revenue Bonds,
Series 2008A, in the amount of $_______________, dated December 11, 2008, has been filed in
my office and said obligations have been registered on the register of obligations in my office.
WITNESS My hand and official seal this ____ day of ____________, 2008.
_________________________________
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
By_______________________________
Deputy
Meeting of November 17, 2008 (Item No. 8a) Page 21
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
EXHIBIT A
PROPOSALS
Meeting of November 17, 2008 (Item No. 8a) Page 22
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Extract of Minutes of Meeting
of the City Council of the City of
St. Louis Park, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
St. Louis Park, Minnesota, was duly held in the City Hall in said City on Monday, November 17,
2008, commencing at 7:30 P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City’s approximately $5,630,000 General
Obligation Tax Increment Bonds, Series 2008B.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Official Terms of Proposal for the Bonds. The proposals are as set forth in
Exhibit A attached.
After due consideration of the proposals, Member ____________________ then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption :
Meeting of November 17, 2008 (Item No. 8a) Page 23
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
RESOLUTION NO. 08-____
A RESOLUTION AWARDING THE SALE OF $_________
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2008B;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County,
Minnesota (the “City”) as follows:
Section 1. Sale of Bonds.
1.01. It is hereby determined that:
(a) the St. Louis Park Economic Development Authority (“EDA”) currently
administers Redevelopment Project No. 1 (the “Project”) pursuant to Minnesota Statutes,
Sections 469.001 through 469.047 (the “HRA Act”);
(b) the City and EDA have duly established the West End Tax Increment
Financing District (the “TIF District”) within the Project pursuant to Minnesota Statutes,
Section 469.174 to 469.179 (TIF Act);
(c) the City is authorized by Section 469.178 of the TIF Act to issue and sell its
general obligations to pay all or a portion of the public redevelopment costs (the “Costs”)
related to the Project as identified in the tax increment financing plan (the “TIF Plan”) for
the TIF District;
(e) it is necessary and expedient to the sound financial management of the affairs
of the City to issue $______________ General Obligation Tax Increment Bonds, Series
2008B (the “Bonds”) to provide financing for the cost of certain public improvements
serving the TIF District as authorized by the TIF Plan.
(f) a portion of the Bonds is secured primarily by Available Tax Increment, and
a portion is secured primarily by Withheld Tax Increment, as such terms are defined in the
Tax Increment Pledge Agreement between the EDA and the City related to the Bonds (the
“Pledge Agreement”), which Pledge Agreement is hereby approved in substantially the form
on file in City Hall.
(g) the portion of the Bonds secured primarily by Available Tax Increment are
referred to as the “Senior TIF Bonds” and the portion secured primarily by Withhold Tax
Increment are referred to as the “Discretionary TIF Bonds.”
Meeting of November 17, 2008 (Item No. 8a) Page 24
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
1.02. The proposal of ______________________________________ (the “Purchaser”)
to purchase $_______________ General Obligation Tax Increment Bonds, Series 2008B
(the “Bonds”) of the City described in the Terms of Proposal thereof is found and determined to be
a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of
$____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows:
2012 2019
2013 2020
2014 2021
2015 2022
2016 2023
2017 2024
2018
True interest cost: _________
1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of
$________________ shall be credited in allocable amounts to the respective accounts of the Debt
Service Fund hereinafter created, or credited to the construction fund hereinafter created, as
determined by the City’s financial advisor. The City Finance Director is directed to retain the good
faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good
faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a
contract with the Purchaser on behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 469 (the “Act”), in the total principal amount of $_______________, originally dated
December 11, 2008, in the denomination of $5,000 each or any integral multiple thereof, numbered
No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the
years and amounts as follows:
2012 2019
2013 2020
2014 2021
2015 2022
2016 2023
2017 2024
2018
Meeting of November 17, 2008 (Item No. 8a) Page 25
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
$____________ of the Bonds maturing in the amounts and on the dates set forth below are referred
to as the Senior TIF Bonds:
2012 2019
2013 2020
2014 2021
2015 2022
2016 2023
2017 2024
2018
$____________ of the Bonds maturing in the amounts and on the dates set forth below are referred
to as the Discretionary TIF Bonds:
1.05. Optional Redemption. The City may elect on February 1, 2018, and on any day
thereafter to prepay Bonds due on or after February 1, 2019. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant’s interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2014 2020
2015 2021
2016 2022
2017 2023
2018 2024
2019
Meeting of November 17, 2008 (Item No. 8a) Page 26
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
is payable on February 1 and August 1 of each year, commencing August 1, 2009, to the registered
owners of record as of the close of business on the fifteenth day of the immediately preceding month,
whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds and
the registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the owner’s
attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on such Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
Meeting of November 17, 2008 (Item No. 8a) Page 27
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner’s order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof,
and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance
and amount satisfactory to the Registrar, in which both the City and the Registrar must be
named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar
and evidence of such cancellation must be given to the City. If the mutilated, destroyed,
stolen or lost Bond has already matured or been called for redemption in accordance with its
terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) to the registered owner of
each Bond to be redeemed at the address shown on the registration books kept by the
Registrar and by publishing the notice if required by law. Failure to give notice by
publication or by mail to any registered owner, or any defect therein, will not affect the
validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will
cease to bear interest after the specified redemption date, provided that the funds for the
redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services, Roseville,
Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, the resulting corporation is authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for
the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and
Meeting of November 17, 2008 (Item No. 8a) Page 28
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver
all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to
the successor Registrar. On or before each principal or interest due date, without further order of
this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the
payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles
of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds
ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless
be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery.
Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled
to any security or benefit under this Resolution unless and until a certificate of authentication on the
Bond has been duly executed by the manual signature of an authorized representative of the
Registrar. Certificates of authentication on different Bonds need not be signed by the same
representative. The executed certificate of authentication on a Bond is conclusive evidence that it
has been authenticated and delivered under this Resolution. When the Bonds have been so
prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon
payment of the purchase price in accordance with the contract of sale heretofore made and executed,
and the Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
Meeting of November 17, 2008 (Item No. 8a) Page 29
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
No. R-____ UNITED STATES OF AMERICA $_________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST. LOUIS PARK
GENERAL OBLIGATION TAX INCREMENT BOND,
SERIES 2008B
Rate
Maturity
Date of
Original Issue
CUSIP
February 1, 20__ December 11, 2008
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation
in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $__________ on the maturity date specified above with interest thereon from the
date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 2009 to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month.
The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by
______________________________________, Minnesota, as Registrar, Paying Agent, Transfer
Agent and Authenticating Agent, or its designated successor under the Resolution described herein.
For the prompt and full payment of such principal and interest as the same respectively become due,
the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2018, and on any day thereafter to prepay Bonds due on
or after February 1, 2019. Redemption may be in whole or in part and if in part, at the option of
the City and in such manner as the City will determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be
redeemed and each participant will then select by lot the beneficial ownership interests in such
maturity to be redeemed. Prepayments will be at a price of par plus accrued interest.
Meeting of November 17, 2008 (Item No. 8a) Page 30
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
This Bond is one of an issue in the aggregate principal amount of $_________ all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and interest
rate, all issued pursuant to a resolution adopted by the City Council on November 17, 2008
(the “Resolution”), for the purpose of providing money to aid in financing the public redevelopment
costs of a project (the “Project”) in the City, pursuant to and in full conformity with the home rule
charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 469.001 through 469.047, and Sections 469.174 to 469.179, the Minnesota Tax
Increment Financing Act, and the principal hereof and interest hereon are payable primarily from
tax increments resulting from increases in taxable valuation of real property in a tax increment
financing district within the Project, as set forth in the Resolution to which reference is made for a
full statement of rights and powers thereby conferred. The full faith and credit of the City are
irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad
valorem taxes on all taxable property in the City in the event of any deficiency in tax increments
pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series
are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof
of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or
Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal
amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement
for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws
of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
Meeting of November 17, 2008 (Item No. 8a) Page 31
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF ST. LOUIS PARK,
MINNESOTA
(Facsimile) (Facsimile)
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
Authorized Representative
_________________________________
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
________________________________________
Meeting of November 17, 2008 (Item No. 8a) Page 32
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice: The assignor’s signature to this assignment must correspond with the name as
it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program
(“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other
such “signature guarantee program” as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond
is held by joint account.)
Please insert social security or other
identifying number of assignee
Meeting of November 17, 2008 (Item No. 8a) Page 33
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager is directed to obtain a copy of the proposed approving legal
opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except
as to dating thereof and to cause the opinion to be printed on or accompany each Bond.
Section 4. Funds and Accounts; Security.
4.01. (a) Generally. The Bonds are payable from the General Obligation Tax Increment
Bonds, Series 2008B Debt Service Fund (the “Debt Service Fund”) hereby created. The City will
maintain a “Senior TIF Bonds Account” and a “Discretionary TIF Bonds Account” in the Debt Service
Fund.
(b) Senior TIF Bonds Account. The City Finance Director will timely deposit in the
Senior TIF Bonds Account the Available Tax Increment pledged to that account of the Debt Service
Fund under the Pledge Agreement. There is also appropriated to the Senior TIF Bonds Account of the
Debt Service Fund (i) capitalized interest funded from Bond proceeds and allocable to the Senior TIF
Bonds, (ii) any rounding amount allocable to the Senior TIF Bonds, and (iii) the allocable portion of
the amount paid by Purchaser in excess of the minimum proposal, to extent designated for credit to the
Debt Service Fund under Section 1.03 hereof. If any payment of principal or interest on the Senior
TIF Bonds portion of the Bonds will become due when there is not sufficient money in the Senior TIF
Bonds Account of the Debt Service Fund to pay the same, the City Finance Director is directed to pay
such principal or interest from the general fund of the City, and the general fund will be reimbursed for
such advances out of the proceeds of Available Tax Increment when received.
(c) Discretionary TIF Bonds Account. The City Finance Director will timely deposit in
the Discretionary TIF Bonds Account the Withheld Tax Increment pledged to that account of the Debt
Service Fund under the Pledge Agreement. There is also appropriated to the Discretionary TIF Bonds
Account of the Debt Service Fund (i) capitalized interest funded from Bond proceeds and allocable to
the Discretionary TIF Bonds, (ii) any rounding amount allocable to the Discretionary TIF Bonds, and
(iii) the allocable portion of the amount paid by Purchaser in excess of the minimum proposal, to extent
designated for credit to the Debt Service Fund under Section 1.03 hereof. If any payment of principal
or interest on the Discretionary TIF Bonds portion of the Bonds will become due when there is not
sufficient money in the Discretionary TIF Bonds Account of the Debt Service Fund to pay the same,
Meeting of November 17, 2008 (Item No. 8a) Page 34
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
the City Finance Director is directed to pay such principal or interest from the general fund of the City,
and the general fund will be reimbursed for such advances out of the proceeds of Withheld Tax
Increment when received.
(d) Construction Fund. The proceeds of the Bonds, less the appropriations made in
paragraphs (b) and (c) of this Section but including any amounts in excess of the minimum proposal
designated for deposit herein in accordance with Section 1.03 hereof, will be deposited in a separate
“Construction Fund” to be used solely to defray expenses of the City Public Improvements (as defined
in and in accordance with the Pledge Agreement). When the City Public Improvements are completed
and the cost thereof paid, the Construction Fund is to be closed and any balance therein to be deposited
in the Senior TIF Bonds Account and the Discretionary TIF Bonds Account of the Debt Service Fund,
pro rata based on the original principal amount of those two portions of the Bonds.
4.02. No Tax Levy. It is determined that the estimated collection of Available Tax
Increment and Withheld Tax Increment for payment of principal and interest on the Bonds will
produce at least five percent in excess of the amount needed to meet, when due, the principal and
interest payments on the Bonds and that no tax levy is needed at this time.
4.03. County Auditor Certificate as to Registration. The City Manager is directed to file a
certified copy of this Resolution with the Taxpayer Services Division Manager of Hennepin County
and obtain the certificate required by Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
5.02. The Mayor, City Manager and Finance Director are authorized and directed to
certify that they have examined the Official Statement prepared and circulated in connection with
the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made therein as
of the date of the Official Statement.
5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable
to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered
as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further
distribution as directed by the City’s financial adviser, Ehlers & Associates, Inc.
Meeting of November 17, 2008 (Item No. 8a) Page 35
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
6.02. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States unless the City qualifies for an exemption from
rebate under the Treasury Regulations.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be “private
activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Registrar in the name of
Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will
have no responsibility or obligation to any broker dealers, banks and other financial institutions from
time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other
person on behalf of which a Participant holds an interest in the Bonds, including but not limited to
any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.
or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant or any other person (other than a registered owner of Bonds, as shown by the registration
Meeting of November 17, 2008 (Item No. 8a) Page 36
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
books kept by the Registrar,) of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any Participant or any other person, other than a registered
owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the
Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose
name each Bond is registered in the registration books kept by the Registrar as the holder and
absolute owner of such Bond for the purpose of payment of principal, premium and interest with
respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all
other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the
Bonds only to or on the order of the respective registered owners, as shown in the registration books
kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge
the City’s obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds,
as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing
the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to
the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words
“Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City
Manager will promptly deliver a copy of the same to the Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any
Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to
take all action necessary for all representations of the City in the Representation letter with respect to
the Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered
owners in accordance with the provisions of this Resolution. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the City and
discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Registrar will authenticate
Bond certificates in accordance with this resolution and the provisions hereof will apply to the
transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC’s
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
Meeting of November 17, 2008 (Item No. 8a) Page 37
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
8.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of
this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be
considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to cause the City to comply with its obligations under this section.
8.02. “Continuing Disclosure Certificate” means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
Section 9. Defeasance.
9.01. When all Bonds (or respective portions thereof) and all interest thereon, have been
discharged as provided in this section, all pledges, covenants and other rights granted by this resolution
to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for
the prompt and full payment of the principal of and interest on the Bonds will remain in full force and
effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on
or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the
payment thereof in full with interest accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
Meeting of November 17, 2008 (Item No. 8a) Page 38
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Meeting of November 17, 2008 (Item No. 8a) Page 39
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF ST. LOUIS PARK )
I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City Council of the City held on November
17, 2008 with the original minutes on file in my office and the extract is a full, true and correct copy
of the minutes insofar as they relate to the issuance and sale of $______________ General
Obligation Tax Increment Bonds, Series 2008B of the City.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this
______ day of _______________, 2008.
City Clerk
St. Louis Park, Minnesota
(SEAL)
Meeting of November 17, 2008 (Item No. 8a) Page 40
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER’S
CERTIFICATE AS TO
COUNTY OF HENNEPIN REGISTRATION WHERE NO AD
VALOREM TAX LEVY
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a resolution adopted by the City Council of the City of St. Louis Park,
Minnesota, on November 17, 2008, relating to General Obligation Tax Increment Bonds,
Series 2008B, in the amount of $_______________, dated December 11, 2008, has been filed in
my office and said obligations have been registered on the register of obligations in my office.
WITNESS My hand and official seal this ____ day of ____________, 2008.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
Deputy
Meeting of November 17, 2008 (Item No. 8a) Page 41
Subject: Accept Bids for the GO Bonds (MSC) and GO TIF Revenue Bonds (West End)
EXHIBIT A
PROPOSALS
Meeting Date: November 17, 2008
Agenda Item #: 8b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts.
RECOMMENDED ACTION:
Motion to Adopt Second Reading of Zoning Ordinance amendments to require conditional use
permits (CUPs) for several institutional uses in residential zoning districts, approve summary and
authorize publication.
POLICY CONSIDERATION:
Should the Zoning Ordinance be amended to require conditional use permits (CUPs) for several
institutional uses in residential zoning districts?
BACKGROUND:
On November 3, 2008, the City Council adopted the 1st Reading of the ordinance to require several
institutional uses in residential zoning districts to be allowed only with Conditional Use Permits.
SUMMARY OF PROPOSED AMENDMENTS:
Sec. 36-163. R-1, R-2, R-3, R-4, and RC residential districts. Several institutional uses would
be required to obtain a conditional use permit (CUP) in residential zoning districts. A CUP requires
a public hearing and notification of property owners within 350 feet of the parcel. Under the
existing ordinance, a public hearing, notification, or review by the Planning Commission and City
Council is not required for an institutional use to build a new facility or expand an existing one.
The standards and requirements for these uses would remain essentially the same for all of the uses;
they would simply be transferred from the PC category to the CUP category in the zoning districts,
requiring additional review process.
Institutional Uses in Residential Districts
Community Centers, educational facilities, religious institutions, libraries, police/fire stations, Bed
and Breakfasts, transit stations, nursing homes, and group day cares/nurseries would be allowed with
a “Conditional Use Permit” (CUP).
Staff recommends that group homes and parks and recreation uses remain as “Permitted with
Conditions” in the residential districts, as they have fewer impacts than the larger impact uses in the
table above. It is also recommended that in the RC district multifamily dwellings and cluster homes
in RC would remain as “Permitted with Conditions” as this is a “High Density Multiple-Family
Residential district” and these uses should be allowed by right.
Meeting of November 17, 2008 (Item No. 8b) Page 2
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
Use R-1 R-2 R-3 R-4 RC
Community Centers X X X X X
Schools X X X X X
Religious Institutions X X X X X
Libraries X X X X X
Police/Fire Stations X X X X X
Bed and Breakfasts X X X N/A N/A
Transit Stations X X X X X
Nursing Homes N/A N/A X X X
Group day
care/nursery schools
N/A N/A N/A X X
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
St. Louis Park is committed to being a connected and engaged community.
Attachments: Zoning Ordinance Summary
Proposed Zoning Ordinance
Prepared by: Meg McMonigal, Planning & Zoning Supervisor
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No. 8b) Page 3
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
SUMMARY
ORDINANCE NO.____-08
AN ORDINANCE AMENDMENT REGARDING
INSTITUTIONAL USES IN RESIDENTIAL DISTRICTS
This ordinance states that conditional use permits will be required for institutional uses in residential
zoning districts.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council November 17, 2008
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: November 27, 2008
Meeting of November 17, 2008 (Item No. 8b) Page 4
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
ORDINANCE NO. _____-08
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-163, 164, 165, 166, 167
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08-08-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-163, 164, 165, 166, and 167 is
hereby amended by deleting stricken language and adding underscored language. Section breaks are
represented by ***.
Sec. 36-163. R-1 single-family residence district.
***
(c) Uses permitted with conditions. A structure or land in an R-1 district may be used for one
or more of the following uses if its use complies with the conditions stated in section 36-162 and
those specified for the use in this subsection.
***
(2) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of any parcel that is
zoned residential and used or subdivided for residential use, or has an occupied
institutional building, including but not limited to schools, religious institutions, and
community centers.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located at least 25 feet from any
parcel that is zoned residential and used or subdivided for residential use, or has an
occupied institutional building, including but not limited to schools, religious
institutions, and community centers.
(Ord. No. 2248-03, 8-18-03, Ord. No. 2325-07, 5-7-07)
(3) Educational (academic). The conditions are as follows:
Meeting of November 17, 2008 (Item No. 8b) Page 5
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district. (Ord. No. 2325-07, 5-7-07)
(4) Libraries. The condition for library buildings is that the buildings shall be located at least
25 feet from a lot in an R district.
(52) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located at least 50 feet from a lot in an R-district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot
in an R district.
c. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet
from any other structure on the same lot.
d. A drainage system approved by the city engineer shall be installed.
e. Facilities which serve a community wide or regional function shall be located with
primary vehicular access on a collector or arterial street.
(Ord. No. 2325-07, 5-7-07)
(6) Police/fire station. The conditions are as follows:
a. Buildings shall be located at least 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility to
control nonemergency traffic if recommended by the director of public works.
(7) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
Meeting of November 17, 2008 (Item No. 8b) Page 6
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(8) Bed and breakfast establishments. The conditions are as follows:
a. The facility shall be owner occupied.
b. The total number of guestrooms shall be limited to three.
c. Not more than 50 percent of the gross floor area of the residence shall be used for the
guesthouse operation.
d. Only exterior alterations which do not alter the exterior appearance from its single-
family character will be allowed.
e. Accommodations may be provided to a guest for a period not exceeding 14 days.
f. Food service shall be limited to breakfast.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and shall
not have been constructed specifically for rental purposes.
i. No more than 50 percent of the rear yard may be paved or used for parking.
(Ord. No. 2325-07, 5-7-07)
(93) Communication tower. The conditions are as follows:
a. Sign shall not be permitted on the tower structure or the antenna.
b. Tower structures shall be screened to minimize visual impacts.
c. Tower structures shall be a maximum of 45 feet high.
d. Tower structures shall not be permitted within any required yard.
e. A free-standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
(Ord. No. 2325-07, 5-7-07)
(10) Transit station. The facilities shall be limited to bus stops and associated parking lots and
shall not include time transfer stations or other intense land uses.
Meeting of November 17, 2008 (Item No. 8b) Page 7
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(d) Uses permitted by conditional use permit. No structure or land in any R-1 district shall be
used for the following uses except by conditional use permit. These uses shall comply with the
requirements of all the general conditions provided in section 36-365 and with the specific
conditions imposed in this subsection.
***
(5) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of any parcel that is
zoned residential and used or subdivided for residential use, or has an occupied
institutional building, including but not limited to schools, religious institutions, and
community centers.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located at least 25 feet from any
parcel that is zoned residential and used or subdivided for residential use, or has an
occupied institutional building, including but not limited to schools, religious
institutions, and community centers.
(Ord. No. 2248-03, 8-18-03, Ord. No. 2325-07, 5-7-07)
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(7) Libraries. The condition for library buildings is that the buildings shall be located at least
25 feet from a lot in an R district.
(8) Police/fire station. The conditions are as follows:
a. Buildings shall be located at least 25 feet from a lot in an R district.
Meeting of November 17, 2008 (Item No. 8b) Page 8
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(9) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(10) Bed and breakfast establishments. The conditions are as follows:
a. The facility shall be owner occupied.
b. The total number of guestrooms shall be limited to three.
c. Not more than 50 percent of the gross floor area of the residence shall be used for the
guesthouse operation.
d. Only exterior alterations which do not alter the exterior appearance from its single-
family character will be allowed.
e. Accommodations may be provided to a guest for a period not exceeding 14 days.
f. Food service shall be limited to breakfast.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and shall
not have been constructed specifically for rental purposes.
i. No more than 50 percent of the rear yard may be paved or used for parking.
(Ord. No. 2325-07, 5-7-07)
Meeting of November 17, 2008 (Item No. 8b) Page 9
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(11) Transit station. The facilities shall be limited to bus stops and associated parking lots and
shall not include time transfer stations or other intense land uses.
***
Sec. 36-164. R-2 single-family residence district.
***
(c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one
or more of the following uses if its use complies with the conditions stated in section 36-162 and
those specified for the use permitted in this subsection.
***
(2) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of a lot in an R
district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located a minimum of 25 feet
from any lot in an R district.
(3) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any
lot in an R district.
(4) Libraries. The condition for libraries is that the buildings shall be located a minimum of
25 feet from a lot in an R district.
(52) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located a minimum of 50 feet from a lot in an R
district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot
in an R district.
Meeting of November 17, 2008 (Item No. 8b) Page 10
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
c. Swimming pools shall be located a minimum of 50 feet from any lot line and at least
12 feet from any other structure on the same lot.
d. A drainage system approved by the city engineer shall be installed.
e. Facilities which serve a community wide or regional function shall be located with
primary vehicular access on a collector or arterial street.
(6) Police/fire station. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(7) Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R
district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(8) Bed and breakfast establishments. The conditions are as follows:
a. The facility shall be owner occupied.
b. The total number of guestrooms shall be limited to three.
c. Not more than 50 percent of the gross floor area of the residence shall be used for the
guesthouse operation.
d. Only exterior alterations which do not alter the exterior appearance from its single-
family character will be allowed.
e. Accommodations may be provided to a guest for a period not exceeding 14 days.
Meeting of November 17, 2008 (Item No. 8b) Page 11
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
f. Food service shall be limited to breakfast.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and shall
not have been constructed specifically for rental purposes.
i. A maximum of 50 percent of the rear yard shall be paved or used for parking.
(93) Communication tower. The conditions are as follows:
a. Signs shall not be permitted on the tower structure or the antenna.
b. Tower structures shall be screened to minimize visual impacts.
c. Tower structures shall be a maximum of 45 feet high.
d. Tower structures shall not be permitted within any required yard.
e. A free-standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
(10) Transit station. The conditions for a transit station is that facilities shall be limited to bus
stops and associated parking lots and shall not include time transfer stations or other
intense land uses.
(d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be
used for the following uses except by conditional use permit. These uses shall comply with the
requirements of all the general conditions provided in section 36-365(b) and with the specific
conditions imposed in this subsection and such other conditions as may be imposed by the city
council under section 36-34(b).
***
(3) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of a lot in an R
district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located a minimum of 25 feet
from any lot in an R district.
Meeting of November 17, 2008 (Item No. 8b) Page 12
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(4) Educational (academic). The conditions are as follows:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(5) Libraries. The condition for libraries is that the buildings shall be located a minimum of
25 feet from a lot in an R district.
(6) Police/fire station. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(7) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(8) Bed and breakfast establishments. The conditions are as follows:
Meeting of November 17, 2008 (Item No. 8b) Page 13
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
a. The facility shall be owner occupied.
b. The total number of guestrooms shall be limited to three.
c. Not more than 50 percent of the gross floor area of the residence shall be used for the
guesthouse operation.
d. Only exterior alterations which do not alter the exterior appearance from its single-
family character will be allowed.
e. Accommodations may be provided to a guest for a period not exceeding 14 days.
f. Food service shall be limited to breakfast.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and shall
not have been constructed specifically for rental purposes.
i. A maximum of 50 percent of the rear yard shall be paved or used for parking.
(9) Transit station. The conditions for a transit station is that facilities shall be limited to bus
stops and associated parking lots and shall not include time transfer stations or other
intense land uses.
***
Sec. 36-165. R-3 two-family residence district.
***
(c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one
or more of the following uses if its use complies with the conditions stated in section 36-162 and
those specified for the use in this subsection (c):
***
(2) Nursing home. The conditions are as follows:
a. A minimum of 600 square feet of lot area shall be provided for each person to be
housed on the site.
b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R
district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
Meeting of November 17, 2008 (Item No. 8b) Page 14
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(Ord. No. 2267-04, 4-12-04)
d. The structure housing the use shall comply with the requirements of the state law
and the building code regulating the construction of licensed nursing homes.
(3) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of a lot in an R
district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located at least 25 feet from any
lot in an R district.
(4) Educational (academic). The conditions are as follows:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
(5) Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet
from a lot in an R district.
(62) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located 50 feet or more from a lot in an R district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot
in an R district.
c. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet
from any other structure on the same lot.
d. A drainage system approved by the city engineer shall be installed.
e. Facilities which serve a community wide or regional function shall be located with
primary vehicular access on a collector or arterial street.
Meeting of November 17, 2008 (Item No. 8b) Page 15
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(7) Police/fire station. The conditions are as follows:
a. Buildings shall be located at least 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(8) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(9) Bed and breakfast establishments. The conditions are as follows:
a. The facility shall be owner-occupied.
b. The total number of guestrooms shall be limited to three.
c. Not more than 50 percent of the gross floor area of the residence shall be used for the
guest house operation.
d. Only exterior alterations which do not alter the exterior appearance from its single-
family or two-family character will be allowed.
e. Accommodations may be provided to a guest for a period not exceeding 14 days.
f. Food service shall be limited to breakfast.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and shall
not have been constructed specifically for rental purposes.
i. No more than 50 percent of the rear yard may be paved or used for parking,
Meeting of November 17, 2008 (Item No. 8b) Page 16
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(103) Communication tower. The conditions are as follows:
a. Signs shall not be permitted on the tower structure or the antenna.
b. Tower structures shall be screened to minimize visual impacts.
c. Tower structures shall be a maximum of 52.5 feet high.
d. Tower structures shall not be permitted within any required yard.
e. A free-standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
(11) Transit station. The condition for a transit station is that facilities shall be limited to bus
stops and associated parking lots and shall not include time transfer stations or other
intense land uses.
(d) Uses permitted by conditional use permit. No structure or land in any R-3 district shall be
used for the following uses except by conditional use permit. These uses shall comply with the
residential restrictions and performance standards of section 36-162, all the general conditions
provided in section 36-365, the specific conditions imposed in this subsection (d) and such other
conditions as may be imposed by the city council under subsection (b) of section 36-34.
***
(4) Educational (academic). The conditions are as follows:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(5) Nursing home. The conditions are as follows:
a. A minimum of 600 square feet of lot area shall be provided for each person to be
housed on the site.
Meeting of November 17, 2008 (Item No. 8b) Page 17
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R
district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04, 4-12-04)
d. The structure housing the use shall comply with the requirements of the state law
and the building code regulating the construction of licensed nursing homes.
(6) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of a lot in an R
district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located at least 25 feet from any
lot in an R district.
(7) Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet
from a lot in an R district.
(8) Police/fire station. The conditions are as follows:
a. Buildings shall be located at least 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(9) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
Meeting of November 17, 2008 (Item No. 8b) Page 18
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(10) Bed and breakfast establishments. The conditions are as follows:
a. The facility shall be owner-occupied.
b. The total number of guestrooms shall be limited to three.
c. Not more than 50 percent of the gross floor area of the residence shall be used for the
guest house operation.
d. Only exterior alterations which do not alter the exterior appearance from its single-
family or two-family character will be allowed.
e. Accommodations may be provided to a guest for a period not exceeding 14 days.
f. Food service shall be limited to breakfast.
g. Rented rooms shall not contain cooking facilities.
h. Rooms used for sleeping shall be part of the primary residential structure and shall
not have been constructed specifically for rental purposes.
i. No more than 50 percent of the rear yard may be paved or used for parking,
(11) Transit station. The condition for a transit station is that facilities shall be limited to bus
stops and associated parking lots and shall not include time transfer stations or other
intense land uses.
***
Sec. 36-166. R-4 multiple-family residence district.
***
(c) Uses permitted with conditions. A structure or land in an R-4 district may be used for one
or more of the following uses if its use complies with the residential restrictions and performance
standards of section 36-162 and those conditions specified for the use in this subsection (c):
***
(2) Group day care/nursery school. The conditions are as follows:
a. At least 40 square feet of outside play space per pupil must be provided and such
space shall be enclosed by a fence.
Meeting of November 17, 2008 (Item No. 8b) Page 19
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. The play area shall be located a minimum of 200 feet from any roadway defined on
the comprehensive plan as a principal arterial.
(4) Nursing home. The conditions are as follows:
a. A minimum of 500 square feet of lot area shall be provided for each person to be
housed on the site.
b. All structures shall be located a minimum of 30 feet from a lot in an R district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04, 4-12-04)
d. The structure housing the use shall comply with the requirements of the state law
and the building code regulating the construction of licensed nursing homes.
(5) Community centers. The conditions are as follows:
a. The building shall be located a minimum of 50 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located a minimum of 25 feet
from any lot in an R district.
(Ord. No. 2325-07, 5-7-07)
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district, unless
approved as a conditional use.
b. An off-street school bus pickup and dropoff area shall be provided in order to
maintain vehicular and pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any
lot in an R district.
(7) Libraries. The condition for libraries is that buildings shall be located a minimum of 25
feet from a lot in an R district.
Meeting of November 17, 2008 (Item No. 8b) Page 20
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(84) Parks and recreation. The conditions are as follows:
a. The principal structure shall be located a minimum of 50 feet from a lot in an R
district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot
in an R district.
c. Swimming pools shall be located a minimum of 50 feet from any lot line and a
minimum of 12 feet from any other structure on the same lot.
d. A drainage system approved by the city engineer shall be installed.
e. Facilities which serve a community wide or regional function shall be located with
primary vehicular access on a collector or arterial street.
(9) Police/fire station. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(10) Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(115) Communication tower. The conditions are as follows:
a. Signs shall not be permitted on the tower structure or the antenna.
b. Tower structures shall be screened to minimize visual impacts.
c. Tower structures shall be a maximum of 60 feet high.
Meeting of November 17, 2008 (Item No. 8b) Page 21
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
d. Tower structures shall not be permitted within any required yard.
e. A freestanding communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
f. Any tower exceeding 50 feet shall be painted light blue-gray in color.
g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that
another alternative to piggyback the proposed antenna on another existing tower or
building is not possible.
h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the
structure.
i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum
of twice its height from any R-1, R-2 or R-3 zoned parcel.
(d) Uses permitted by conditional use permit. No structure or land in any R-4 district shall be
used for the following uses except by conditional use permit. These uses shall comply with the
requirements of all the general conditions provided in section 36-365 and with the specific
conditions imposed in this subsection (d) and such other conditions as may be imposed by the city
council under section 36-34(b).
***
(8) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of at least 50 feet from a lot in an R district,
unless approved as a conditional use.
b. An off-street school bus pickup and dropoff passenger loading area shall be provided
in order to maintain vehicular and pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any
lot in an R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(9) Nursing home. The conditions are as follows:
a. A minimum of 500 square feet of lot area shall be provided for each person to be
housed on the site.
Meeting of November 17, 2008 (Item No. 8b) Page 22
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
b. All structures shall be located a minimum of 30 feet from a lot in an R district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04, 4-12-04)
d. The structure housing the use shall comply with the requirements of the state law
and the building code regulating the construction of licensed nursing homes.
(10) Community centers. The conditions are as follows:
a. The building shall be located a minimum of 50 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located a minimum of 25 feet
from any lot in an R district.
(Ord. No. 2325-07, 5-7-07)
(11) Libraries. The condition for libraries is that buildings shall be located a minimum of 25
feet from a lot in an R district.
(12) Police/fire station. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(13) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
Meeting of November 17, 2008 (Item No. 8b) Page 23
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(14) Group day care/nursery school. The conditions are as follows:
a. At least 40 square feet of outside play space per pupil must be provided and such
space shall be enclosed by a fence.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. The play area shall be located a minimum of 200 feet from any roadway defined on
the comprehensive plan as a principal arterial.
***
Sec. 36-167. R-C high-density multiple-family residence district.
***
(c) Uses permitted with conditions. A structure or land in an R-C district may be used for one
or more of the following uses if it complies with the residential restrictions and performance
standards of section 36-162 and with those specified for the use in this subsection:
***
(2) Group day care/nursery school. The conditions are as follows:
a. A minimum of 40 square feet of outside play space per pupil must be provided and
such space shall be enclosed by a fence.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. The play area shall be located a minimum of 200 feet from any roadway defined on
the comprehensive plan as a principal arterial.
(4) Nursing home. The conditions are as follows:
a. A minimum of 500 square feet of lot area in shall be provided for each person to be
housed on the site.
b. All structures shall be located a minimum of 30 feet from a lot in an R district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04, 4-12-04)
Meeting of November 17, 2008 (Item No. 8b) Page 24
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
d. The structure housing the use shall comply with the requirements of the state law
and the building code regulating the construction of licensed nursing homes.
(5) Community centers. The conditions are as follows:
a. The building shall be located a minimum of 50 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located a minimum of 25 feet
from any lot in an R district.
d. Conditions listed in subsections (c)(5)a. through (c)(5)c. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
e. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district.
b. An off-street school bus pickup and dropoff area shall be provided in order to
maintain vehicular and pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any
lot in an R district.
d. Conditions listed in subsections (c)(6)a. through (c)(6)c. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
e. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
(7) Libraries. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot in an R district unless
otherwise specified in a redevelopment plan for the area that has been adopted as part
of the city comprehensive plan.
Meeting of November 17, 2008 (Item No. 8b) Page 25
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
b. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
(84) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located a minimum of 50 feet from a lot in an R
district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot
in an R district.
c. Swimming pools shall be located a minimum of 50 feet from any lot line and a
minimum of 12 feet from any other structure on the same lot.
d. A drainage system approved by the city engineer shall be installed.
e. Facilities which serve a community wide or regional function shall be located with
primary vehicular access on a collector or arterial street.
(9) Police/fire station. Conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(10) Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Conditions listed in subsections (c)(10)a. and (c)(10)b. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
Meeting of November 17, 2008 (Item No. 8b) Page 26
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
d. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
(115) Communication tower. The conditions are as follows:
a. Signs shall not be permitted on the tower structure or the antenna.
b. Tower structures shall be screened to minimize visual impacts.
c. Tower structures shall be a maximum of 112.5 feet high.
d. Tower structures shall not be permitted within any required yard.
e. A free standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
f. Any tower exceeding 50 feet shall be painted light blue-gray in color.
g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that
another alternative to piggyback the proposed antenna on another existing tower or
building is not possible.
h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the
structure.
i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum
of twice its height from any R-1, R-2 or R-3 zoned parcel.
(126) Multiple-family dwelling. The conditions are as follows:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
b. A minimum of 12% of the building lot shall be developed as designed outdoor
recreation area. (Ord. No. 2267-04, 4-12-04)
c. The minimum spacing between buildings shall be the average heights of the
buildings.
d. All buildings shall be located a minimum of 15 feet from the back of the curbline of
internal private roadways or parking lots.
e. If parking is accommodated on the required public or private road system, it must
meet minimum public street width requirements of the subdivision ordinance to
allow on-street parking.
Meeting of November 17, 2008 (Item No. 8b) Page 27
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
f. Sidewalks with a minimum width of five feet shall be provided along all sides of the
lot that abut a public street. Sidewalks shall also be provided between the public
street and parking areas to all building entrances.
g. Conditions listed in subsections (c)(12)a.--(c)(12)f. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan. (Ord.
No. 2267-04, 4-12-04)
(137) Cluster housing. The conditions are as follows:
a. Each lot developed with a single cluster housing unit shall contain a minimum of
400 square feet of open lot area or a minimum of 12% of the total cluster housing
development area shall be designed outdoor recreation area.
(Ord. No. 2267-04, 4-12-04)
b. The minimum spacing between buildings shall be the average heights of the
buildings.
c. Side and rear yards may be reduced to zero feet where dwellings are designed to share
common walls.
d. Sidewalks with a minimum width of five feet shall be provided along all sides of the
lot that abut a public street and along at least one side of interior private streets.
e. Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk
closest to it or from the back of the curbline of internal private roadways or parking
lots if no sidewalk exists.
f. If parking is accommodated on the required public or private road system, it must
meet the minimum public street width requirements of the subdivision ordinance to
allow on-street parking.
g. Conditions listed in subsections (c)(13)a.--(c)(13)c and (c)(13)e-f. of this section and
certain performance standards may be waived or amended using the PUD process if
so specified in a redevelopment plan for the area that has been adopted as part of the
city comprehensive plan. (Ord. No. 2267-04, 4-12-04)
(d) Uses permitted by conditional use permit. No structure or land in any R-C district shall
be used for the following uses except by conditional use permit. These uses shall comply with the
residential restrictions and performance standards of section 36-162, the general conditions of
section 36-367, and with the specific conditions imposed in this subsection as follows:
Meeting of November 17, 2008 (Item No. 8b) Page 28
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
***
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
d. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
(7) Nursing home. The conditions are as follows:
a. A minimum of 500 square feet of lot area in shall be provided for each person to be
housed on the site.
b. All structures shall be located a minimum of 30 feet from a lot in an R district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04, 4-12-04)
d. The structure housing the use shall comply with the requirements of the state law
and the building code regulating the construction of licensed nursing homes.
(8) Community centers. The conditions are as follows:
a. The building shall be located a minimum of 50 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor areas improved for group activities shall be located a minimum of 25 feet
from any lot in an R district.
d. Conditions listed in subsections (c)(5)a. through (c)(5)c. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
e. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
Meeting of November 17, 2008 (Item No. 8b) Page 29
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
(9) Libraries. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot in an R district unless
otherwise specified in a redevelopment plan for the area that has been adopted as part
of the city comprehensive plan.
b. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
(10) Police/fire station. Conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility
to control nonemergency traffic if recommended by the director of public works.
(11) Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an
R district.
bd. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Conditions listed in subsections (c)(10)a. and (c)(10)b. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
d. The property shall be designated for civic or civic-mixed use in the comprehensive
plan.
(12) Group day care/nursery school. The conditions are as follows:
Meeting of November 17, 2008 (Item No. 8b) Page 30
Subject Second Reading of Zoning Ordinance Amendments for Institutional Uses in Residential Districts
a. A minimum of 40 square feet of outside play space per pupil must be provided and
such space shall be enclosed by a fence.
b. An off-street passenger loading area shall be provided in order to maintain vehicular
and pedestrian safety.
c. The play area shall be located a minimum of 200 feet from any roadway defined on
the comprehensive plan as a principal arterial.
Sec. 3. The contents of Planning Case File 08-08-ZA are hereby entered into and made part
of the public hearing record and the record of decision for this case.
Sec. 4. This Ordinance shall take effect fifteen days after its publication.
First Reading November 3, 2008
Second Reading November 17, 2008
Date of Publication November 27, 2008
Date Ordinance takes effect December 12, 2008
Adopted by the City Council
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting Date: November 17, 2008
Agenda Item #: 8c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
First Reading of Ordinance Amendment Relating to Water Service Disconnections.
RECOMMENDED ACTION:
Motion to Adopt First Reading of Ordinance amending Section 32-38 of the City Code and set second
reading for December 1, 2008.
POLICY CONSIDERATION:
Does the City Council wish to amend City Ordinance Section 32-38 to provide the Public Works Director
with stated authority to discontinue water services to vacant and uninhabitable properties that are not
properly heated during the winter months?
BACKGROUND:
Staff provided the City Council with an update on the property foreclosure workgroup in October. In the
report, staff discussed the need to disconnect water service at properties that are not sufficiently heated during
the winter months. While shutting off the water at the curb stop will not prevent water trapped in pipes in
the home from expanding and breaking the pipe, it will prevent catastrophic water damage to the property.
Staff has been working with the City Attorney on guidelines for resident notification and property screening.
These properties come to our attention through a variety of ways, but typically the city is notified by Center
Point Energy when natural gas service has been disconnected or when the gas meter is removed.
While the city has the broad authority through the City Code and state law to disconnect water service to
protect property and the city’s public water supply, City Attorney Roger Knutson recommends that section
32-38 of the water services Code be amended to give the Public Works Director stated authority to shut-off
water service at the stop box to protect private property and the public water supply between October and
April. The proposed language is similar to what other communities are adopting.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Ordinance
Prepared by: Marcia Honold, Management Assistant
Scott Anderson, Utility Superintendent
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
Meeting of November 17, 2008 (Item No. 8c) Page 2
Subject: First Reading of Ordinance Amendment Relating to Water Service Disconnections
ORDINANCE NO. ____-08
AN ORDINANCE AMENDING CHAPTER 32 OF THE
ST. LOUIS PARK CITY CODE CONCERNING
WATER SERVICE
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS:
SECTION 1. Chapter 32 of the St. Louis Park City Code is amended by adding section 32-38 to
provide as follows:
Sec. 32-38. Discontinuance of water service to protect property.
The Director of Public Works is authorized to shut off water service, without charge to the owner, at any stop
box connection at any time to protect the public water supply and private property based upon the finding
that the property may not be sufficiently heated and that there is a danger that the water pipes may freeze
based upon one or more of the following:
(1) The property is uninhabitable or is vacant;
(2) Other utilities to the property providing gas or electricity have been shut-off;
(3) The property is not secured;
(4) The property is not heated during winter months, October through April.
SECTION 2. Effective Date: This ordinance becomes effective on the date of its publication.
First Reading November 17, 2008
Second Reading December 1, 2008
Date of Publication
Date Ordinance takes effect
Reviewed for Administration: Adopted by the City Council December 1, 2008
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney