HomeMy WebLinkAbout2008/07/14 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA
JULY 14, 2008
Councilmember Sanger Absent
6:15 p.m. BOARD AND COMMISSION INTERVIEW, Westwood Room
6:30 p.m. SPECIAL CITY COUNCIL MEETING, Council Chamber
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Resolutions, Ordinances, Motions and Discussion Items
2a. Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
Recommended Action:
Motion to Adopt Resolution approving Preliminary Plat and Preliminary PUD to allow a
five story mixed use building with commercial uses on the ground floor and senior
residential on the upper floors with conditions as recommended by the Planning
Commission and Staff.
3. Adjournment
6:45 p.m. CITY COUNCIL STUDY SESSION, Council Chambers
Discussion Items
1. 6:45 p.m. Future Study Session Agenda Planning – July 21 and July 28, 2008
2. 6:50 p.m.
Preliminary TIF Application for the Redevelopment of the Northwest Corner of
Excelsior Boulevard and France Avenue (Al’s Liquors and Anderson Cleaners
Sites)
3. 7:35 p.m. Review of Business and Contractor License Requirements
4. 8:20 p.m. Council Role in Critical Incident Preparedness Training on June 28th
5. 9:20 p.m. Communications (Verbal)
9:30 p.m. Adjourn
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The agenda and full packet are available by noon on Friday on the city’s website.
Meeting Date: July 14, 2008
Agenda Item #: 2a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Special City Council Meeting
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
RECOMMENDED ACTION:
Motion to Adopt Resolution approving Preliminary Plat and Preliminary PUD to allow a five story
mixed use building with commercial uses on the ground floor and senior residential on the upper
floors with conditions as recommended by the Planning Commission and Staff.
POLICY CONSIDERATION:
Does the Council wish to approve this request which is consistent with the Elmwood Land Use,
Transit and Transportation Study which recommends a mix of uses in this area, including first floor
commercial?
BACKGROUND:
Council Action from July 7th, 2008:
The Preliminary Plat and Preliminary PUD applications were presented to the Council on July 7,
2008. The Council, however, needed five votes to act on the application, and there were four
council members in attendance. Therefore, the Council was unable to act on the application, and
voted instead to table consideration of the applications to a July 14, 2008 special meeting.
This report is intended to provide a summary of the staff report submitted to the Council at the July
7th meeting. Additional information, including the proposed plans can be viewed in the July 7th staff
report. A brief presentation will be made at the special meeting.
Proposal:
The applicant is proposing to construct a five story, mixed use, senior residential housing complex at
the southeast corner of 36th Street West and Wooddale Avenue South. The building is proposed to
include approximately 26,000 square feet of commercial and private common facilities space along
36th Street and Wooddale Avenue and 151 senior dwelling units above. The commercial includes a
mixture of private and public uses.
Parking:
The ability to share parking spaces allows for more efficient use of the property, therefore, the MX
district allows the City Council to reduce the required parking by up to 30%. Wooddale Pointe
shows 176 parking stalls a 17% reduction from the required 212 spaces. A parking study was
completed. The study shows that 112 spaces are needed.
Meeting of July 14, 2008 (Item No. 2a) Page 2
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
Architectural Style and Materials:
The building is designed to be consistent with the principles set forth in the Elmwood Area Land
Use, Transit and Transportation Study. It is a mixed-use building with “Main Street” character
commercial uses on the ground floor. The commercial uses include a grocery store, café and salon.
The trash is proposed to be managed inside the building, and all deliveries would be made inside the
parking level off of Yosemite Avenue.
The building is proposed to be 62 feet to the top of the roof. This compares to the Hoigaard Village
that is 68 feet.
Streetscape & Plaza:
The city hired SRF to create the streetscape and plaza designs to be consistent with the plans for the
36th Street corridor. The city is also working with the owners of all the properties along 36th Street
between Wooddale Avenue and Highway 100 to create a special service district to create a process by
which the property owners can work together to maintain the streetscape.
Public Art:
Randy Walker was awarded the contract for creating the art to be located at the intersection of
Wooddale Avenue and 36th Street. Mr. Walker proposed a sculpture called “The Dream Elevator”,
which is a 40 foot tall cylindrical structure inspired by the Nordic Ware grain elevator. A depiction
of the Dream Elevator is shown on the site plans at the very tip of the plaza. Additional art is
proposed along the entire 36th Street corridor between Wooddale Avenue and Highway 100. This
art is proposed by Marjorie Pitz, and will consist of benches, bollards and planters.
Stormwater:
The stormwater will flow to the regional pond at Hoigaard Village. The developer will contribute
financially to the cost of the pond. The amount is determined in accordance to the size of the land
area draining to the pond.
Setbacks:
The chart below compares the proposed Wooddale Pointe street side setbacks to the VIP I, Hoigaard
Village, Excelsior & Grand developments, and the setbacks proposed with the VIP II proposal that
was withdrawn. The proposed setbacks are in line with these projects, particularly those located
along 36th Street West.
Meeting of July 14, 2008 (Item No. 2a) Page 3
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
Setback Wooddale
Pointe
VIP II
(withdrawn)
VIP I Hoigaard
Village
Excelsior &
Grand
Building to
street curb 29 feet 26 feet 18 feet 26 - 40 feet 22 feet
Building to on-
street parking
curb
19 feet 16 feet N/A 26 feet 15 feet
Building to
property line 8 feet 5 feet 15 feet 14 – 19 feet 5 feet
Preliminary Plat:
The preliminary plat consists of 1 lot, an outlot, and dedication of additional right-of-way to both
36th Street and Wooddale Avenue. The outlot would be deeded to the city for park and future
right-of-way needs. The Dream Elevator and the majority of the plaza are proposed to be located in
the outlot. Existing road easements along 36th Street and Wooddale are proposed to be dedicated as
platted right-of-way.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
The Strategic Direction areas of: Gathering Spaces, Transportation, Sidewalk and Trails and
Environment are addressed by having a mixed use building occupied with retail and service uses in a
manner consistent with the pedestrian-oriented vision of 36th Street.
Attachments: Draft Resolution – Preliminary Plat
Draft Resolution – Preliminary PUD
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning & Zoning Supervisor
Approved by: Nancy Gohman, Deputy City Manager/HR Director
Meeting of July 14, 2008 (Item No. 2a) Page 4
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
RESOLUTION NO. 08-___
RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF
WOODDALE POINTE
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Greco Real Estate Development, LLC, and Rottlund Homes, owners and subdividers
of the land proposed to be platted as Wooddale Pointe have submitted an application for approval of
preliminary plat of said subdivision in the manner required for platting of land under the St. Louis
Park Ordinance Code, and all proceedings have been duly had thereunder.
2. The proposed preliminary plat has been found to be in all respects consistent with
the City Plan and the regulations and requirements of the laws of the State of Minnesota and the
ordinances of the City of St. Louis Park.
3. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
Lots 1, 2, 3, and 4, Block 44, “St. Louis Park,” Lots 7, 8, 9, 10, and 11, Block 44,
Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park,
except that part lying Westerly of the following described line:
Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park;
thence Westerly 110.00 feet along the North line of said Block 44 to the point of
beginning of the line to be described; thence Southerly at a right angle, to the
Southwesterly line of said Block 44 and there terminating.
That part of the North Half of the vacated alley between Block 1, “Collins Second
Addition to St. Louis Park” and Block 44, “St. Louis Park,” lying West of the
Southerly extension of the East line of Lot 1, Block 44, “St. Louis Park” and Easterly
of the Southeasterly extension of the Westerly line of Lot 11, block 44,
“Rearrangement of St. Louis Park.”
AND
Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK, according to
the recorded plat thereof, Hennepin County, Minnesota.
Meeting of July 14, 2008 (Item No. 2a) Page 5
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th
Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and
all of vacated alley and adjoining one half of Yosemite Avenue vacated, Block 1,
COLLINS SECOND ADDITION TO ST. LOUIS PARK
Conclusion
1. The proposed preliminary plat of Wooddale Pointe is hereby approved and
accepted by the City as being in accord and conformity with all ordinances, City plans and
regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to
the following conditions:
a. Condominium association papers must be approved by the City Attorney
prior to final plat.
b. A variance be applied for prior to final plat approval to reduce the required
drainage and utility easements.
c. Park dedication be paid prior to the city signing the final plat.
d. A $1,000 cash escrow be submitted to guarantee the city receives a fully
executed mylar copy of the final plat.
e. Park dedication of $108,800 be paid prior to the city signing the final plat.
f. Trail dedication of $24,900 be paid prior to the city signing the final plat.
g. The developer or owner shall pay an administrative fee of $750 per violation
of any condition of this approval.
Reviewed for Administration: Adopted by the City Council July 14, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of July 14, 2008 (Item No. 2a) Page 6
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
RESOLUTION NO.08-___
RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT
(PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING FOR PROPERTY ZONED MX-MIXED USE LOCATED AT
3601 WOODDALE AVENUE SOUTH
WHEREAS, an application for approval of a Planned Unit Development (PUD) was
received on May 20, 2008 from the applicant, and
WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of
property within 350 feet of the subject property plus other affected property owners in the vicinity,
and
WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the
meeting of June 18, 2008, and
WHEREAS, notice of public hearing on the Preliminary PUD was published in the St.
Louis Park Sailor on June 5, 2008, and
WHEREAS, the Planning Commission conducted the public hearing at the meeting of June
18, 2008, and
WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on
a 4-0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments in
the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Greco Real Estate Development, LLC has made application to the City Council for a Planned
Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the MX –
Mixed Use district located at 3601 Wooddale Avenue South for the legal description as follows, to-
wit:
Lots 1, 2, 3, and 4, Block 44, “St. Louis Park,” Lots 7, 8, 9, 10, and 11, Block 44,
Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park,
except that part lying Westerly of the following described line:
Meeting of July 14, 2008 (Item No. 2a) Page 7
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park;
thence Westerly 110.00 feet along the North line of said Block 44 to the point of
beginning of the line to be described; thence Southerly at a right angle, to the
Southwesterly line of said Block 44 and there terminating.
That part of the North Half of the vacated alley between Block 1, “Collins Second
Addition to St. Louis Park” and Block 44, “St. Louis Park,” lying West of the
Southerly extension of the East line of Lot 1, Block 44, “St. Louis Park” and Easterly
of the Southeasterly extension of the Westerly line of Lot 11, block 44,
“Rearrangement of St. Louis Park.”
AND
Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK, according to
the recorded plat thereof, Hennepin County, Minnesota.
The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th
Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and
all of vacated alley and adjoining one half of Yosemite Avenue vacated, Block 1,
COLLINS SECOND ADDITION TO ST. LOUIS PARK
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 08-21-PUD) and the effect of the proposed PUD on the health, safety and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values
of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and
compliance with the intent of the Zoning Ordinance.
3. The City Council has determined that the PUD will not be detrimental to the health, safety, or
general welfare of the community nor with certain contemplated traffic improvements will it cause
serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values.
The Council has also determined that the proposed PUD is in harmony with the general purpose
and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested
modifications comply with the requirements of Section 36-367(b)(5). The specific modifications
include:
a. A 17% reduction in the required parking.
4. The contents of Planning Case File 08-21-PUD are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Meeting of July 14, 2008 (Item No. 2a) Page 8
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
Conclusion
The Preliminary Planned Unit Development at the location described is approved based on the
findings set forth above and subject to the following conditions:
1. The site shall be developed, used and maintained in conformance with the Preliminary PUD
official exhibits.
2. The following maximum and minimum requirements, as indicated in the official exhibits, shall
apply to the PUD:
a. A maximum of 157 residential units.
b. A minimum of 155 structured parking spaces.
c. A 17% reduction from the required parking spaces to allow 176 parking spaces instead of the
required 212 parking spaces.
d. A minimum of 21 on-street parking spaces shall be provided.
3. Conditions for the approval of the Planned Unit Development, to be included in the
Development Agreement between the City and the Developer, are as follows:
a. Developer agrees to install, at its expense, street, on-street parking and streetscape
improvements along all public and private streets and access drives subject to final streetscape
designs, Final PUD approval and City approval of detailed construction drawings.
b. Developer agrees to enter into a special service district for the continued maintenance of the
streetscape along 36th Street West and Wooddale Avenue.
c. Developer agrees to enter into a snow-removal agreement with the City to ensure all snow is
removed from Yosemite Avenue and 37th Street West.
d. Developer agrees to contribute $100,000 toward the construction of the regional storm
water pond located at Hoigaard Village.
e. Developer agrees to contribute financially toward the public art to be located in the plaza
area at the corner of Wooddale Avenue and 36th Street West. The amount will be finalized
with the final PUD.
f. All deliveries shall be made inside the structured parking located adjacent to Yosemite
Avenue. Deliveries lasting less than 15 minutes may be made utilize on-street parking bays.
g. All trash handling and storage facilities shall be located inside the building.
h. No more than 60 underground parking spaces shall be restricted to residents and employees
of the residence. The remaining structured and surface parking shall be available for public
parking.
i. Developer agrees to place any on-site utilities underground.
4. The following façade design guidelines shall be applicable to all ground floor, non-residential
facades located in the Mixed-Use building facing West 36th Street:
a. Façade Transparency. Windows and doors shall meet the following requirements:
i. For street-facing facades, no more than 10% of total window and door area shall be glass
block, mirrored, spandrel, frosted or other opaque glass, finishes or material including
Meeting of July 14, 2008 (Item No. 2a) Page 9
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
window painting and signage. The remaining 90% of window and door area shall be
clear or slightly tinted glass, allowing views into and out of the interior.
ii. Visibility into the space shall be maintained for a minimum of 3 feet. This requirement
shall not prohibit the display of merchandise. Display windows may be used to meet the
transparency requirement.
b. Awnings.
i. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and
vinyl awnings are prohibited.
ii. Backlit awnings are prohibited.
c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5
feet from the building wall for the following purposes, provided a 6 foot minimum
horizontal clearance along West 36th Street is maintained between obstructions on the
private and public sidewalks and provided that all activity is occurring on private property:
i. Display of merchandise.
ii. Benches, planters, ornaments and art.
iii. Signage, as permitted in the zoning ordinance.
iv. Dining areas may extend beyond the 5 foot maximum, provided an 8 foot minimum
horizontal clearance along West 36th Street is maintained between the obstructions on
the sidewalk.
d. All wall vents and assorted fixtures shall be painted to match the color of the wall they are
attached to.
5. Prior to starting any site work, the following conditions shall be met:
a. The City shall approve a Final PUD and Final Plat.
b. Proof of Recording the Final Plat shall be submitted to the City.
c. A site plan showing the required fire lanes shall be submitted.
d. Building material samples and colors shall be submitted.
e. Assent form and official exhibits must be signed by applicant and owner.
f. A preconstruction conference shall be held with the appropriate development, construction
and city representatives.
g. A staging plan for construction shall be filed with the City.
h. All necessary permits must be obtained.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per
violation of any condition of this approval.
Meeting of July 14, 2008 (Item No. 2a) Page 10
Subject: Preliminary Plat and Preliminary Planned Unit Development for Wooddale Pointe
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the Final P.U.D. The development agreement
shall address those issues which the City Council deems appropriate and necessary. The Mayor and
City Manager are authorized to execute the development agreement.
Reviewed for Administration: Adopted by the City Council July 14, 2008
City Manager Mayor
Attest:
City Clerk
Meeting Date: July 14, 2008
Agenda Item #: 1
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:
Future Study Session Agenda Planning – July 21, 2008 and July 28, 2008.
RECOMMENDED ACTION:
Council and the City Manager to set the agenda for the special study session planned for Monday,
July 21, 2008 and the regularly scheduled study session on Monday, July 28, 2008.
POLICY CONSIDERATION:
Does the Council agree with the agenda as proposed?
BACKGROUND:
At each study session, approximately five minutes are set aside to discuss the next study session
agenda. For this purpose, attached please find the tentative agenda and proposed discussion items
for the special study session on July 21, 2008 and the regularly scheduled study session on July 28,
2008.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachment: Future Study Session Agenda Planning for July 21 and July 28, 2008
Prepared by: Marcia Honold, Management Assistant
Approved by: Nancy Gohman, Deputy City Manager/HR Director
Meeting of July 14, 2008 (Item No. 1) Page 2
Subject: Future Study Session Agenda Planning
Future Study Session Agenda Planning
Tentative Discussion Items
Special Study Session, Monday, July 21, 2008 –6:00 p.m.
1. Ehlers TIF Report – Community Development/Finance (30 minutes)
City staff and Ehlers & Associates will present the Council with a financial update for each
of the city’s TIF Districts.
2. Vision Strategic Directions Update - Three Focus Areas: Remodeling, Property Maintenance
and Affordable Home Ownership – Community Development (60 minutes)
Staff, who are Action Champions, will provide the Council with an update on the following
Vision Strategic Direction and the three focus areas under this Direction:
“St. Louis Park is committed to providing a well-maintained and diverse housing stock.
Remodeling and expanding move-up, single-family, owner-occupied homes.
Property maintenance to foster quality housing and community aesthetics.
Working towards affordable single-family home ownership throughout the city.”
7:30 p.m. end of meeting
Tentative Discussion Items
Study Session, Monday, July 28, 2008 – (6:30 p.m. or immediately following the Critical
Incident Preparedness Drill)
1. Future Study Session Agenda Planning – Administrative Services (5 minutes)
2. Vision Strategic Directions Update – Evaluating and Investigating Additional North/South
Transportation Options for the Community – Public Works (30 minutes)
Staff will provide the Council with an update on the following Vision Strategic Direction:
“St. Louis Park is committed to being a connected and engaged community…evaluating and
investigating additional north/south transportation options for the community.”
3. Communications – Administrative Services (10 minutes)
Time for communications between staff and Council will be set aside on every study session
for the purposes of information sharing.
End of Meeting (TBD – 45 minutes from start time)
Meeting Date: July 14, 2008
Agenda Item #: 2
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:
Preliminary TIF Application for the Redevelopment of the Northwest Corner of Excelsior Boulevard
and France Avenue (Al’s Liquors and Anderson Cleaners Sites)
RECOMMENDED ACTION:
Staff wishes to review and receive feedback from the EDA/Council on the Preliminary TIF
Application made by Bader Development for the above redevelopment project. Specific issues staff
wishes to discuss include:
• Proposed project and plans
• Compliance with the City’s TIF Policy
• Project economics/amount of TIF assistance
• Next steps
In summary, Bader Development, LLC’ has requested $900,000 worth of TIF assistance to facilitate
an $18 million mixed use redevelopment project at the Northwest corner of Excelsior Boulevard and
France Avenue.
As a reminder, the purpose of a Preliminary TIF Application is to allow a developer to present a
proposal to the EDA/Council in the initial stages of a project to determine if it merits consideration
for TIF financing. Even if the EDA/Council should direct staff to pursue the project further, the
EDA/Council is not obligating itself to providing the requested assistance.
POLICY CONSIDERATION:
Does the EDA preliminarily support the proposed project and is it willing to consider providing
financial assistance to facilitate the redevelopment?
Background/Synopsis of Proposed Project:
Bader Development, LLC has obtained options to purchase 2.23 acres at the northwest corner of
Excelsior Boulevard and France Avenue with the intention of redeveloping the site. The subject site
consists of nine parcels; eight of which are owned by Al’s Liquor and one of which is owned by
Excelsior Boulevard LLC (Anderson Cleaners). The proposed redevelopment site does not
incorporate the former American Inn property.
Meeting of July 14, 2008 (Item No. 2) Page 2
Subject: Bader Development’s Preliminary TIF Application for the Redevelopment of the Al’s Liquor Property
Bader Development is proposing to purchase the subject properties, remove the existing structures
and prepare the properties for redevelopment. In their place, the Redeveloper plans to construct a
mixed use building featuring approximately 136 luxury apartments and ground floor retail. The
proposed structure would have five stories with one level of underground heated parking. It would
consist of approximately 175,000 square feet; the majority of which would be residential and
approximately 15,000 square feet of which would be commercial. Potential commercial uses would
likely include a mix of neighborhood-oriented service and retail businesses. Also included on the
redevelopment site is a public gathering area overlooking the Excelsior Blvd/France Ave intersection.
This corner plaza area would include gateway or welcome signage as well as public art.
The Redeveloper
Scott Bader is President of Bader Development, LLC. (a real estate development company) and a
principal of Steven Scott Companies (a property management company). Both firms have been
headquartered in St. Louis Park for 47 years.
Land Use and Zoning Requirements
The subject redevelopment site is guided and zoned MX - Mixed Use. Thus, the proposed project
would conform to the required land use. A PUD would be required for this project as a result of the
site being zoned Mixed Use.
Meeting of July 14, 2008 (Item No. 2) Page 3
Subject: Bader Development’s Preliminary TIF Application for the Redevelopment of the Al’s Liquor Property
Conformance with Development Guidelines
Bader Development’s preliminary site and building plans (attached) appear consistent with the
majority of the standards listed in the Development Guidelines for the Northwest corner of Excelsior
Boulevard and France Avenue adopted in 2005.
Property Value and Taxes
Currently, the subject properties have a total market value of less than $1.8 million. The projected
market value of the property upon redevelopment would be nearly $18 million. The property taxes
payable in 2008 on these same properties are $35,683. Upon redevelopment, the site would
generate an estimated $297,153 in property taxes.
Results of TIF Feasibility Analysis
In 2005, staff retained LHB, Inc. to conduct a state-required inspection to determine if the proposed
project site qualified as a redevelopment TIF district. LHB’s Report of Inspection Procedures and
Results for Determining Qualifications Of A Tax Increment Financing District As A
Redevelopment District : Al’s Liquor District, St. Louis Park, MN dated May 13, 2005
concluded that the proposed site met both the “Coverage Test” and the “Condition of Buildings
Test” and thus qualified under Minnesota Statutes as a redevelopment TIF district.
Preliminary Conformance and Analysis under the City’s TIF Policy
The proposed project meets the following housing-related goals as outlined in the city’s TIF Policy:
• Provides a balanced and sustainable housing stock to meet diverse needs both today and
in the future.
• Promotes neighborhood stabilization and revitalization by the removal of blight and the
upgrading of existing housing stock.
The proposed project meets the following “Desired Qualifications” as outlined in the TIF Policy:
• It creates a higher ratio of property taxes paid before and after redevelopment and
provides a significant increase in tax base.
• It redevelops a partially underutilized area.
• The Redeveloper has demonstrated preliminarily that the project plan preferred by the
City is not financially feasible “but-for” the use of tax increment financing.
• The Redeveloper is able to demonstrate past general development capability as well as
specific capability in the type and size of development proposed.
In addition to the above, the proposed project could have the following additional benefits:
• Removes substandard structures.
• Intensifies the property usage at the northwest corner of Excelsior Boulevard and France
Avenue which is not optimally utilized.
• Provides an attractive gateway development at the eastern edge of the city.
• Incorporates modern interpretations of traditional architectural principles.
Meeting of July 14, 2008 (Item No. 2) Page 4
Subject: Bader Development’s Preliminary TIF Application for the Redevelopment of the Al’s Liquor Property
• Provides an opportunity for neighborhood retail/service/professional office space.
• Includes a public gathering place at the corner with an opportunity for public art.
• Further diversifies the options available in the St. Louis Park housing market.
• Incorporates design features consistent with the Development Guidelines.
• Serves as a catalyst for additional redevelopment activities along the Excelsior Boulevard
and the stimulation of further private activity and investment in the area.
• Improves vehicular safety by removing unnecessary curb cuts.
• Incorporates Livable Communities principles.
Grading under City’s TIF Report Card
Bader Development, LLC’s Preliminary TIF Application was evaluated according to the City’s TIF
Policy. The project was thus graded as follows:
• Promotes housing for large families.
The residential units in the development will cater to the demands of the market which
is for smaller units. Since none of the units will have more than 3 bedrooms a grade of
“F” was provided.
• Provides economic integration of rental or ownership projects.
Of the proposed 136 residential units none would be designated as low income; therefore
a grade of “F” was provided.
• Ratio of soft costs to Total Project Costs.
Soft costs of the total project were estimated at $5.7 million or 30% of the total land
development costs which graded a “C”.
• Ratio of private to public financing.
$17,890,000 in private development costs to $900,000 in TIF which equals a $19.88
private / $1 public ratio which garnered an “A”.
• The value of the site before and after redevelopment (factor taken from the
Business & Redevelopment Report Card).
Estimated current market value: $1,775,000 Projected market value: $17,890,000.
This is a ratio of 1:10 which equaled an “A” on the scale.
The proposed project received bonus points for: redeveloping a blighted property, constructing a
mixed-use development, adding value to the neighborhood, incorporating principles of livable
communities, being located in one of the city’s targeted redevelopment areas, and having a
significant community impact.
Upon calculation of all applicable factors and bonus points, Bader Development, LLC’s proposed
project received a final grade of “B” or “Very Good” according to the scale provided within the
Policy.
Meeting of July 14, 2008 (Item No. 2) Page 5
Subject: Bader Development’s Preliminary TIF Application for the Redevelopment of the Al’s Liquor Property
Preliminary Pro Forma Analysis
Staff and Ehlers & Associates reviewed Bader Development’s preliminary sources and uses
statements, cash flow projections, and investor rate of return (ROR) related to the proposed project.
The Redeveloper originally requested $2.4 million in tax increment assistance to offset a variety of
redevelopment costs not including land acquisition. Staff and Ehlers expressed concerns over a
number of these costs (including the proposed purchase price of the land) and the adverse impact
they had on the project’s economics. Upon further review the Redeveloper adjusted some of its costs
and ultimately was able to negotiate reduced purchase prices for the redevelopment site. As a result,
the Redeveloper’s TIF request dropped to $1.2 million and ultimately to $900,000. Staff and Ehlers
now feel the proposed project’s adjusted expenses and revenue are reasonable and within industry
standards for this type of redevelopment.
Bader Development is striving to achieve a profit return of twelve (12) percent. According to Ehlers,
industry standards for cumulative annual profit returns vary from ten (10) percent to twelve (12)
percent, dependent upon the size and risk associated with a project. If the EDA were to provide the
requested $900,000 in assistance, Ehlers projects that the development will attain an average return
of approximately 10%. In order for the developer to attain a higher return, it will have to rely on
cost savings or increased revenues over time.
The Redeveloper has requested $900,000 in tax increment assistance to address certain extraordinary
costs associated with the subject redevelopment site. These include:
• Architectural & engineering fees associated with site work only
• Soil correction
• Sewer line relocation
• Sanitary & stormwater utility work
• Building demolition
• Business reestablishment/relocation
Based on its review of Bader’s proforma, Ehlers’ maintains that the above costs are reasonable and
warrant assistance.
Bader Development’s option price for the redevelopment site totals $4.1 million or $42.58 per
square foot. The price includes compensation for all nine parcels of land, the buildings and fixtures,
parking lots and other site improvements; and, it includes any relocation and re-establishment
assistance due Anderson Cleaners for selling their property as well as moving their business. It is
important to note that Anderson was not and is not seeking to sell his property or move his business.
Bader Development was able successfully negotiate the purchase of the property in order to facilitate
the project and to create space for public art, a plaza and landscaping. Including the Anderson
property greatly enhances the overall quality of the redevelopment project and the appearance of this
key entrance to St. Louis Park. It is a front door for the City and the neighborhoods. Inclusion of
the Anderson property comes at a cost premium however. This is not unusual for the acquisition of
a small parcel at a key location with a functioning business that has no reason to move or sell other
than to accommodate a redevelopment project.
Meeting of July 14, 2008 (Item No. 2) Page 6
Subject: Bader Development’s Preliminary TIF Application for the Redevelopment of the Al’s Liquor Property
The overall project land price equates to approximately $22,000 per proposed dwelling unit and
$1.1 million for the 15,000 square feet of retail space. These land costs are consistent with the
March 2005 limited appraisal, prepared by Patchin Messner & Dodd for the EDA for these
properties. This is especially true when adjusted for the passage of time and recognizing that the
purchase price includes relocation and reestablishment expenses. The Patchin appraisal concluded a
land price of $22,000 per dwelling unit was an appropriate value for multi-family residential
properties; and, found mixed use site land sales ranging from $32 to over $41 per square foot.
Patchin did not estimate a land value for a retail component on the property. It should be noted
that Al’s Bar is the last remaining true bar in St. Louis Park and would not be allowed to relocate in
the city under the City’s current zoning. The owners will have to terminate their business in St.
Louis Park since bars are prohibited as stand alone uses under the city’s zoning ordinance.
Assemblage of a sizable redevelopment site within a fully developed suburb is recognized as being
difficult, time-consuming, and expensive. The proposed option price is a total compensation figure.
Therefore it includes not just compensation for the real estate, but also buildings and fixtures as well
as business relocation and reestablishment costs. Legally Anderson Cleaners is under no obligation to
relocate its business. In fact, the owners would prefer to remain undisturbed and continue
operations at its current location. Without the EDA’s financial assistance, it is unlikely the subject
properties would redevelop.
The project is expected to be constructed over an 18 to 24 month period with the first increment
received in 2010. Given current estimates of market value, it is expected the note would be paid off
by in approximately eight (8) years (on a net present value basis) using a 6% interest rate and no
inflation. The proposed project would be financed on a "pay-as-you-go" basis, which is the desired
financing method under the City's TIF Policy. As with most of the City’s TIF Development
Agreements, the Redeveloper will be required to execute a Minimum Assessment Agreement for the
value utilized for projecting the amount of TIF assistance available.
The subject site is within the City’s Redevelopment Project Area. However, in order to facilitate
financing assistance, a new tax increment financing district would have to be established. A
Redevelopment District would be the appropriate type of TIF district for the proposed project. It
would allow up to 26 years of tax increment.
As with other recent redevelopment projects with which the EDA has been involved, Bader
Development would be expected to agree to a "look back" provision in a future redevelopment
contract with the EDA for this project. Per the agreement, the Redeveloper would be required to
submit a final proforma detailing actual costs of the development upon completion and lease up of
the building. This will allow the EDA to calculate the estimated profit return to the Redeveloper. It
is proposed that profits exceeding the projected twelve (12) percent would be split between the
Redeveloper and the EDA which would then reduce the amount of TIF assistance provided. This is
an important provision as it ensures that if the project cash flows at a higher rate, the EDA shares
economically in the success of the project.
Meeting of July 14, 2008 (Item No. 2) Page 7
Subject: Bader Development’s Preliminary TIF Application for the Redevelopment of the Al’s Liquor Property
Conformance with the City’s Business Subsidy Policy
Any proposed TIF assistance provided the subject project would be exempt from state business
subsidy requirements as it relates to housing and redevelopment (Section 116J.993, subdivision 3,
clause 16). Therefore, no public subsidy hearing would be required; however, it would still be
subject to a modified reporting requirement.
Summary
The proposed redevelopment clearly has numerous benefits over the current land use. Most notably, the
proposed project would result in a substantial increase in the market value of the site and hence an increase
in property taxes. Visually, it would remove two structurally substandard buildings and significantly
improve the entrance into the city from the east. Additionally it would provide an opportunity for a
gathering place and public art. The project as currently proposed does not include the adjacent motel site
as preferred under the Development Guidelines. That site could, however, be incorporated into the
proposed project if a supportable purchase price could be achieved.
As with all such proposals it is at the EDA’s discretion as to whether it wishes to provide financial
assistance at the level requested by the Redeveloper. If the EDA/Council is interested in moving
forward on this project, staff would begin negotiating business terms with Bader Development for a
proposed Redevelopment Contract. Such terms would be brought back to the EDA for its review at
a subsequent study session. In addition, the Redeveloper has met with the leaders of the Minikahda
Oaks/Vista neighborhoods; and, has scheduled a full neighborhood meeting to discuss the scope and
design of the proposed project as well as receive feedback. This meeting has been tentatively
scheduled for Tuesday, July 22nd.
FINANCIAL OR BUDGET CONSIDERATION:
Bader Development, LLC’s has requested $900,000 worth of TIF assistance to facilitate an $18
million mixed use redevelopment project at the Northwest corner of Excelsior Boulevard and France
Avenue.
VISION CONSIDERATION:
The proposed project conforms to several of the Strategic Directions listed in Vision St. Louis Park such as
providing a diverse housing stock, creating community gathering places as well as integrating public art
and community aesthetics into developments.
Attachments: Preliminary site plan
Preliminary building rendering
Preliminary level 1 plan
Sustainable design practices at Crescent Apartments
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, EDA Executive Director and City Manager
THE CRESCENT APARTMENTSSt. Louis Park, MinnesotaSite PlanJuly 8, 200806.0094.0Meeting of July 14, 2008 (Item No. 2) Subject: Balder Development's Preliminary TIF Application for the Redevelopment of the Al's Liquor PropertyPage 8
THE CRESCENT APARTMENTSSt. Louis Park, MinnesotaGateway SketchJuly 8, 200806.0094.0Meeting of July 14, 2008 (Item No. 2) Subject: Balder Development's Preliminary TIF Application for the Redevelopment of the Al's Liquor PropertyPage 9
Meeting of July 14, 2008 (Item No. 2) Subject: Balder Development's Preliminary TIF Application for the Redevelopment of the Al's Liquor PropertyPage 10
Meeting of July 14, 2008 (Item No. 2) Subject: Balder Development's Preliminary TIF Application for the Redevelopment of the Al's Liquor PropertyPage 11
Meeting of July 14, 2008 (Item No. 2) Subject: Balder Development's Preliminary TIF Application for the Redevelopment of the Al's Liquor PropertyPage 12
SUSTAINABLE DESIGN PRACTICES AT THE CRESCENT APARTMENTS
Sustainable Site:
• Construction Activity Pollution Prevention
• Community Connectivity
• Public transportation Access
• Bicycle Storage
• Light Pollution Reduction Strategy
• Tenant Design Construction Guidelines
Water Efficiency:
• Water Efficient landscaping
Materials & Resources:
• Construction Waste Management Plan
• Use of Regional materials where possible
Indoor Environmental Quality
• Construction IAQ Management Plan
• Low-Emitting Materials
o Adhesives 7 Sealants
o Paints & Coatings
o Carpet Systems
• Enhanced Daylighting
ADDITIONAL SUSTAINABLE DESIGN PRACTICES POSSIBLE WITH TIF ASSISTANCE
Sustainable Site:
• Green Roof System
• Green Roof System/Light Color EPDM
• Combination Provide an energy efficient car for residential use by the hour
Water Efficiency:
• Improved Stormwater Quality and Quantity Controls
Materials & Resources:
• Increased Recycled Content in Building Materials
Energy & Atmosphere
• Increased HVAC Systems Efficiency
• Low Flow Fixtures
• Energy Star Appliances
Meeting of July 14, 2008 (Item No. 2)
Subject: Balder Development's Preliminary TIF Application for the Redevelopment of the Al's Liquor Property Page 13
Meeting Date: July 14, 2008
Agenda Item #: 3
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:
Review of Business and Contractor License Requirements.
RECOMMENDED ACTION:
Staff requests direction on how to proceed with the proposed revisions to the city’s code relating to
business and contractor licenses.
POLICY CONSIDERATION:
Does Council support staff’s direction to proceed with public process and ordinance development of
the identified program modifications? Is Council satisfied with the proposed revisions? What else
would council like staff to consider revising in the businesses and licenses chapter of the Code?
BACKGROUND:
During the study session discussion on May 19, 2008, Council directed the city attorney and staff to
develop a draft ordinance modifying the business licensing of non-owner occupied homes. This
coincided with staff review of all our business and contractor licensing programs. Several years have
passed since re-codification of the City Code occurred, establishing most of the current language.
Experience has revealed some modifications which would be helpful to improve effectiveness of the
programs. The proposed revisions and discussion are as follows:
Certificate of Property Maintenance Sec. 6-179.
Issue - The market for selling residential property has slowed. Some properties may be on the
market for longer than one year, currently requiring the seller to re-start the application and
inspection process if they have a fully code compliant building and have been issued a Property
Maintenance Certificate.
Proposal - Provide the opportunity for a one-year extension of the Certificate to the seller if the
property has not sold within the one year from original Certificate issue date. For condominiums,
the proposal would make the initial certificate valid for property transactions for two years.
Discussion - Allowing the Certificate to be renewed with a minimal fee and quick re-inspection, to
verify building changes have not occurred, will streamline the process. Units within Condominium
and Townhome associations generally do not deteriorate or have non-permitted construction work
occurring after the Certificate is issued. A two-year expiration period for Certificates in these
instances should not create any issues. These changes should help accommodate sellers while
continuing to provide the intended benefits of the program.
Meeting of July 14, 2008 (Item No. 3) Page 2
Subject: Review of Business and Contractor License Requirements
Licenses Division 1. Generally Sec. 8-36
Issue - Suspension or revocation of a license for violations generally involves significant staff time. If
an applicant requests the reinstatement of a license, the city cost incurred during the process should
be clearly defined and easily recouped.
Proposal – License applicants must complete a new license application, payment of the current
license fee, and a pre-determined fee reflecting any costs the city may have incurred during the
revocation process.
Discussion - Removing the word “may” and replacing it with “shall” eliminates any question of cost
recovery. Specifying a specific amount in the fee appendix gives us the opportunity to cover our
costs and inform the license holder during a suspension or revocation process what the implications
will be. The fee could be a straight dollar amount or percentage of the annual license fee. In either
case the amount would be set annually with the adoption of the fee appendix.
Mechanical Contractor Sec. 8-112. Exemptions
Issue - Anyone other than the property owner is currently required to become a licensed Mechanical
Contractor (competency examination, insurance, and fees required) to replace or re-connect a gas
stove or gas clothes dryer. This type of work is relatively simple without the need for installation of
new gas piping. Some appliance stores have told customers they will not provide installation
services in St. Louis Park because of our requirements.
Proposal - Provide an additional exemption to Mechanical Contractor licensing requirements for
replacing these appliances.
Discussion – This change will allow the work to be completed by plumbers or appliance stores
providing delivery and installation services in addition to homeowners who are currently exempt.
Permit requirements in the Minnesota State Construction Code would not be effected. Relaxing
this licensing requirement will change the program to reflect what is currently happening in most
cases anyways. Many cities do not have any Mechanical Licensing and it is not regulated by the
State.
Tree Maintenance Contactor Sec. 8-161 through 8-165.
Issue – The word “service” is missing in the current language and no proof of competency of a tree
removal company is required.
Proposal - Include the verbiage of service or servicing when describing the tree maintenance license
and to require proof that at least one employee for the company is a Certified Arborist at the time of
application. Tree services performed will be required to meet the ANSI standard.
Discussion – Environmental Coordinator Jim Vaughan has proposed these changes to keep the
program current with industry practice and help ensure that licensed contractors are performing
acceptable work within the community.
Payment of Taxes on Licensed Premises Sec. 8-188.
Issue – A license holder is currently provided a 30-day notice of pending license suspension for non-
payment of property taxes for the business located in the city. This same notice period applies for
each repeat occurrence.
Meeting of July 14, 2008 (Item No. 3) Page 3
Subject: Review of Business and Contractor License Requirements
Proposal - If a license holder repeatedly fails to submit property taxes and causes the suspension
process to begin again, the notice would be reduced to 10 days. A repeat violation would be
considered occurring within either the current or previous annual license period.
Discussion - This provides a clear message to the license holder that property taxes must be paid
when due and the process for a violation will not be used as a tool for extending the time for
payment before license suspension action is taken.
Classification of food and beverage establishments and food vending machines. Sec. 8-257.
Issue 1 - The school district is unique in having multiple food preparation and distribution sites
operating as a single entity. Our current fee schedule and the MDH food classification does not
readily apply to the operation and results in a total of seven license fees added together.
Proposal - Establish a Class E Food license and corresponding fee category which would apply to
Multi-site educational facilities with food and beverage service.
Discussion - Establishments meeting the criteria will be required to complete only one application
for all sites with a fee to reflect the cost of service being provided at their facilities. This will simplify
the license process for the applicant and city without changing the food inspection program we
follow under the MDH delegation agreement.
Issue 2 – Vehicles used for catering need to be inspected and identified that they meet the MDH
Food Code requirements since they often cross city boundaries.
Proposal – Establish a requirement that each catering vehicle must be inspected and have an annual
License Decal affixed. An annual decal fee will be specified in the fee appendix.
Discussion - The decal will enable Health Inspectors to know which vehicle have been inspected and
may be used for food catering. The decal fee will reflect the cost of completing the annual
inspection of the vehicle. Licensed Food establishments will need to contact the city if a vehicle has
been added or replaced throughout the year for an inspection and purchase of a vehicle decal.
Massage Therapy Establishments Sec. 8-297
Issue 1 - Health and sanitation requirements necessary for the physical space to properly operate a
licensed massage therapy establishment are currently not specified.
Proposal - Establish minimum requirements as a condition of License.
Discussion - Including this information in the licensing conditions provides consistent standards
since State Construction and Environmental Codes are not clear. The standards would go into
effect for all establishments with the next licensing period and should not create a hardship.
Issue 2 – A business license to operate a massage therapy establishment may now be issued to
someone with a criminal background in prostitution or related illegal activities.
Proposal - Requirement for applicants to provide a copy of their current government issued
identification, complete an application addendum and be subject to a background check by the
Police Department.
Discussion – This is an important component to help ensure that legitimate massage establishments,
either as part of a medical office or stand alone business, are able to provide legitimate health services
in the community.
Meeting of July 14, 2008 (Item No. 3) Page 4
Subject: Review of Business and Contractor License Requirements
Rental Licensing Sec. 8-326
Issue 1 - Our rental inspection program was expanded from multi-family apartments to include one
and two family residential properties beginning 2005. During development of the program Council
and staff discussed if the need existed to include rental condominium and townhome units. Since all
of these units are within an association of some type, the exterior property maintenance concerns did
not seem to warrant inclusion. Another staff concern at the time was our inspection capacity to
include them when we were adding approximately 600 homes and duplexes. Over the past few years
several incidents at rental condominiums/townhomes have occurred requiring Environmental
Health and Police involvement. Complaints regarding renter living conditions, unit condition (i.e.
odor, trash) effecting neighbors, and crime/drug and disorderly use violations justify including all
rental units within the program.
Issue 2 - A recent occurrence of an apartment building becoming a condominium identified a
potential trend. The process of filing a condominium conversion with the County is apparently
relatively easy and according to the city assessor may provide a tax benefit. The resulting units do no
need to be sold and could continue to be rented by the owner (previous building owner = new owner
of multiple units). Our current program exempts all the rental units because they are now
technically a condominium.
Proposal 1&2 - Remove the exemption of townhomes and condominiums from the rental licensing
requirements.
Discussion 1&2 - It can be justified that all residential properties be treated the same.
Condominiums/Townhomes have similar issues as other rental properties, currently without the
license and inspection requirements, including the Crime Free/Drug Free components. An
estimated 200-300 additional rental units would be licensed by this change. Our license and
inspection organization framework is in place. The additional license fee revenue would allow
staffing resources if needed to accommodate the additional work. Proceeding with this change
would require we start a public process to inform all the associations and owner which could be
involved.
Issue 3 - The scope of our Rental license category is very broad and includes all non-owner occupied
facilities providing housing. Some types of facilities currently part of the program may not be an
appropriate fit into category. Examples include large assisted living complexes, group homes,
protective shelters, and sober houses. The current rental program requirements, inspection for
property maintenance and crime-free provisions, do not fully address these types of establishments.
Proposal 3 - As Council directed during the May 19th Study Session, the City Attorney and staff
have drafted a new business license category for Community Residential Facilities. Subdivision
XV. Community Residential Facility Sec. 8-464 through 8-469 would create this license and some
specific performance requirements. Zoning Code Sec 36-163 would also need to be reviewed for
changes though the Planning Commission.
Discussion 3 - The City Attorney and staff will be present to further discuss the proposed section in
detail.
Meeting of July 14, 2008 (Item No. 3) Page 5
Subject: Review of Business and Contractor License Requirements
FINANCIAL OR BUDGET CONSIDERATION:
Modifications to our licensing program will have a budget neutral effect. Any increase costs incurred
by the City would be recovered through establishing licensing fees.
VISION CONSIDERATION:
Not applicable.
Attachments: Proposed Code Amendments
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
Meeting of July 14, 2008 (Item No. 3) Page 6
Subject: Review of Business and Contractor License Requirements
Article VI. Certificate of Property Maintenance
Sec. 6-179. Compliance; expiration.
(a) When the property use is legal in accordance with city zoning requirements and the property
complies with all applicable building, fire, health and property maintenance codes, a certificate of
property maintenance will be issued by the city.
(b) A certificate of property maintenance is valid to be used for the transfer of property for a
period of one year from the date of issue. The certificate of property maintenance may only be used
for property transfer by the owner named on the certificate of property maintenance or the owner's
legal representative.
Exception: The certificate is valid for two years when issued for individual units in multi-family
residential buildings
(c) A one year extension of the property maintenance certificate may be issued following a re-
inspection of the property and payment of a fee. Such fee shall be set from time to time by the city
and a schedule of such fees listed in appendix A to this Code.
Article II. Licenses Division 1. Generally
Sec. 8-36. Refusal, suspension, revocation and reinstatement. If a license is reinstated following
suspension or revocation, the city may require the applicant shall complete a new license
application, and pay payment of the city's costs as a condition of reinstatement of the license a
reinstatement fee in addition to the current license fee. Such fees shall be set from time to time by
the city and a schedule of such fees listed in appendix A to this Code. Such costs may include, but
are not limited to, law enforcement costs, legal fees, investigations, inspections or other professional
fees incurred due to the licensee's violation of applicable laws, ordinances, regulations and conditions
of the license.
Subdivision III. Mechanical Contractor
Sec. 8-112. Exemptions.
The following persons are exempt from the licensing requirements of this subdivision:
(1) The owner-occupant of a one-family or two-family dwelling who is working on the owner-
occupant's own dwelling.
(2) Persons installing or working on process piping regulated under the state mechanical code.
(3) Persons replacing or reconnecting gas stoves and clothes dryers to existing gas piping when
not altering to the existing gas piping.
Meeting of July 14, 2008 (Item No. 3) Page 7
Subject: Review of Business and Contractor License Requirements
Subdivision V. Tree Servicing Maintenance and Removal Contractor*
Sec. 8-161. License required.
Any person or company engaging in a business that maintains, removes or treats trees within the
city must obtain a tree servicing maintenance and removal contractor's license from the city.
Sec. 8-162. Application.
The applicant for a tree servicing maintenance and removal contractor's license must submit a
completed application, provide proof of insurance and workers' compensation, a list of all vehicles
which will be operating within the city, including license plate numbers and in-house vehicle
identification numbers for such vehicles, and provide proof that at least one employee of tree service
(company) is currently recognized by the International Society of Arboriculture (ISA) as a Certified
Arborist at the time of their license application or renewal. Throughout the license term, the
licensee must notify the city of any additional vehicles which will be operating within the city under
the tree servicing maintenance and removal contractor's license. Tree services must comply with
American National Standards Institute (ANSI) Standard A300 when pruning or otherwise servicing
trees on public or private property.
(Ord. No. 2181-00, § 4(16-205B.), 11-6-2000)
Sec. 8-163. Vehicle decal.
Each vehicle operating in the city under a tree servicing maintenance and removal contractor's
license must have a valid city-issued decal identifying the licensed tree service contractor affixed in a
visible location to such vehicle.
(Ord. No. 2181-00, § 4(16-205C.), 11-6-2000)
Sec. 8-164. Additional insurance required.
The tree service maintenance and removal contractor shall provide proof of automobile
insurance through the term of the tree servicing maintenance and removal contractor's license,
including coverage for all owned and hired vehicles used for tree service maintenance and removal
solid waste collection within the city. Limits of liability insurance should be for not less than the
amount that shall be set from time to time by the city and a schedule of such insurance rates is listed
in appendix A to this Code. The policy of insurance shall provide full insurance to cover all of the
tree servicing maintenance and removal contractor's operating exposure, including, but not limited
to, the picking up of the materials and the operation of vehicles.
(Ord. No. 2181-00, § 4(16-205D.), 11-6-2000)
Meeting of July 14, 2008 (Item No. 3) Page 8
Subject: Review of Business and Contractor License Requirements
Sec. 8-165. Chemical treatment services.
If the applicant for a tree servicing maintenance and removal contractor's license also provides
chemical treatment services for trees, a copy of the applicant's Minnesota state Department of
Agriculture commercial pesticide applicator license must accompany the application for a tree
servicing maintenance and removal contractor's license.
DIVISION 3. BUSINESSES
Subdivision I. In General
Sec. 8-188. Payment of taxes on licensed premises.
(a) Any and all real estate taxes or special assessments levied against the property for which a
license application is made under this division must be current before such license is issued or
renewed.
(b) Upon receipt of evidence that such taxes or special assessments levied against any such
premises have become delinquent during the term of a license under this division, the city manager
shall notify the licensee of the delinquency and that all licenses issued for the premises shall be
suspended 30 days after date of the notice unless such taxes and special assessments are paid and the
county treasurer's receipt of such payment is delivered to the city manager. The license will remain
suspended and all licensed activity must cease until such time that the taxes and special assessments
are paid in full.
(c) If the taxes or special assessments become delinquent a second time within two consecutive
license periods, the city manager shall notify the licensee of the delinquency and that all licenses
issued for the premises shall be suspended 10 days after date of the notice unless such taxes and
special assessments are paid in full and the county treasurer's receipt of such payment is delivered to
the city manager. The license will remain suspended and all licensed activity must cease until such
time that the taxes and special assessments are paid in full.
Sec. 8-257. Classification of food and beverage establishments and food vending machines.
The city will classify each food and beverage establishment and food vending machine based on
the use occurring, in accordance with the food code, into one of the following categories before a
license is issued:
(1) Class H plus--Multiple use license permitting three or more uses of any risk class to
operate.
(2) Class H--High risk use license permitting up to two high risk uses or a single high risk use
with a single low or medium risk use.
(3) Class M--Medium risk use license permitting a single medium risk use.
Meeting of July 14, 2008 (Item No. 3) Page 9
Subject: Review of Business and Contractor License Requirements
(4) Class L--Low risk use license permitting a single low risk use.
(5) Class V--Food vending machines.
(6) Class S –Seasonal concession with low or medium risk.
(7) Class E – Multi-site educational facilities – Educational facility with multiple locations
within the city.
(8) Catering Vehicle Decal –Each vehicle used to transport food from a licensed facility must
have a valid city issued decal.
Subdivision VI. Therapeutic Massage Therapy Establishments
Sec. 8-297. Regulations adopted.
(a) Each licensed therapeutic massage therapy establishment in the city shall be constructed and
maintained in compliance with the health, safety and building regulations of the city, and all state
laws, rules and regulations. Including but not limited to the following:
1.) Walls, floors and ceilings must be smooth, clean and in good repair. Low nap
carpeting is permitted provided it is kept clean and without wear or tear.
2.) Massage rooms must be equipped with lighting capable of illuminating horizontal
surfaces with a minimum of 50 foot candles to facilitate room cleaning.
3.) Massage rooms must be equipped with mechanical air ventilation or an exhaust fan.
4.) A hot and cold water hand washing sink with soap and hand drying by mechanical or
disposable towel is required in the therapeutic massage area. Use of a public
bathroom or janitor’s sink is not allowed. An NSF approved portable hand sink is
permitted.
(b) No customer or patron of a therapeutic massage therapy establishment shall be allowed to
enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron of a
massage therapy establishment shall be allowed to remain upon the licensed premises after 9:15 p.m.
and before 8:00 a.m. daily. Such restrictions on hours shall not apply where the massage therapy is
provided within a health/sports establishment, and in such case, the hours for massage therapy must
coincide with the health/sports establishment's hours of operation.
(c) During any hours in which any person is present on the licensed premises of a massage
therapy establishment, such massage therapy establishment shall be open to inspection by city
inspectors and police officers. Upon demand by any police officer, all persons engaged in providing
services in any massage therapy establishment licensed premises shall identify themselves, giving their
true legal name and correct address.
Meeting of July 14, 2008 (Item No. 3) Page 10
Subject: Review of Business and Contractor License Requirements
(d) The applicant for a new license will be required to provide a copy of a current government
issued identification and complete a license application addendum and will be subject to a
background check completed by the Police Department.
Subdivision VIII. Rental Housing
Sec. 8-326. License required.
(a) The owner of a residential building or portion thereof operated as rental housing with one or
more dwelling units must obtain a rental housing license. The license shall contain a statement that
the tenant or tenants may contact the attorney general for information regarding the rights and
obligations of owners and tenants under state law. The statement shall include the telephone number
and address of the attorney general.
(b) The term “rental housing” means any occupied dwelling or dwelling unit that is not owner
occupied for a minimum of six months per calendar year. The term includes any dwelling or
dwelling unit occupied by a relative of the owner.
(c) Exceptions. No license shall be required under the following circumstances:
(1) A single family dwelling or single dwelling unit of a duplex or
condominium/townhouse occupied by the building owner for a minimum of six
months per calendar year.
(2) (1) Rented rooms within an owner occupied dwelling unit.
(3) (2) Rented dwelling units that are part of a condominium or townhouse association.
A dwelling unit licensed as a community residential facility.
Sec. 8-327. Required Application Information.
The owner must identify a designated property manager responsible for operation and
maintenance of each licensed property. Contact information for the owner and property manager
must be provided on the license application, and the owner must provide the city with any changes
occurring within the license period. The owner may be the designated property manager. The
owner must submit verification with the license application that the designated property manager
has attended required training as specified in this section and that the Crime Free/Drug Free and
Disorderly Use language required by this section is contained in the licensed property tenant lease or
leases.
(Ord. No. 2334-07, 08-10-2007)
Meeting of July 14, 2008 (Item No. 3) Page 11
Subject: Review of Business and Contractor License Requirements
Sec. 8-328. Crime Free/Drug Free Training.
The owner or property manager must have attended an approved training program in The
Minnesota Crime Free Multi-Housing Program before any rental license is issued. A Provisional
License may be issued for six months to accommodate the training schedule. An owner whose only
rental housing is a single family dwelling homesteaded by a relative is exempted from the training
program.
(Ord. No. 2334-07, 08-10-2007)
Sec. 8-329. Maintenance.
The owner of rental housing must maintain all units, common space and exteriors of such
buildings in compliance with the City Code and state and federal laws and regulations. The owner
of such rental housing shall perform a periodic assessment of all portions of the building and correct
any inadequacies to ensure the building is maintained in good repair.
(Ord. No. 2334-07, 08-10-2007)
Sec. 8-330. City Inspections.
(a) The owner of rental housing shall permit access by the City to perform a minimum of one
inspection every two years of the common space and every dwelling unit. The City may perform or
require additional inspections if deemed necessary by the City or by the request of a tenant. The
owner shall notify the tenant or tenants of the time when the City inspection will be conducted and
provide access to the units.
(b) The owner’s rental housing license may be suspended, revoked or denied renewal for failing
to maintain the licensed building in compliance with the property maintenance code as set forth in
chapter 6, article V of this Code or otherwise failing to comply with the requirements of the City
Code or applicable state or federal law.
(Ord. No. 2334-07, 08-10-2007)
Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements.
(a) All tenant leases, except for state licensed residential facilities and subject to all preemptory
state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly Use
language:
(1) Crime Free/Drug Free.
Meeting of July 14, 2008 (Item No. 3) Page 12
Subject: Review of Business and Contractor License Requirements
1. Resident, any members of the resident’s household or a guest or other person
affiliated with resident shall not engage in criminal activity, including drug-related
criminal activity, on or near the premises.
2. Resident, any member of the resident’s household or a guest or other person affiliated
with resident shall not engage in any act intended to facilitate criminal activity,
including drug-related criminal activity, on or near the premises.
3. Resident or members of the household will not permit the dwelling unit to be used
for, or to facilitate criminal activity, including drug-related criminal activity,
regardless of whether the individual engaging in such activity is a member of the
household, or a guest.
4. Resident, any member of the resident’s household or a guest, or other person
affiliated with the resident shall not engage in the unlawful manufacturing, selling,
using, storing, keeping, or giving of a controlled substance at any locations, whether
on or near the premises or otherwise.
5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND
IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR
IMMEDIATE TERMINATION OF TENANCY.
(2) Disorderly Use.
1. Resident, members of the resident’s household, guests, or other persons under the
resident’s control shall not engage in the following Disorderly Use activities:
violations of state law relating to alcoholic beverages, trespassing or disorderly
conduct; and violation of the St. Louis Park City Code relating to zoning, nuisance
and prohibited noise.
2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME
TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL
BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND
GOOD CAUSE FOR TERMINATION OF THE TENANCY.
(3) Definitions.
1. The term “criminal activity” means prostitution, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of firearms,
or any other criminal activity on or near the premises that jeopardizes the health,
safety and welfare of the landlord, his agent, other resident, neighbor or other third
party, or involving imminent or actual serious property damage.
Meeting of July 14, 2008 (Item No. 3) Page 13
Subject: Review of Business and Contractor License Requirements
2. The term “drug related criminal activity” means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or use of
a controlled substance or any substance represented to be drugs (as defined in
Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are
in addition to all other terms of the lease and do not limit or replace any other
provisions.
(b) These lease provisions shall be incorporated into every new lease for a tenancy beginning
January 1, 2008 and all renewed leases by January 1, 2009.
(c) Upon determination by the Police Department that a licensed premises or unit within a
licensed premises was used in violation of the Crime Free/Drug Free provisions of Subsection (a) (1)
herein, the Police Department shall cause notice to be made to the owner and property manager of
the violation. The owner or property manager shall notify the tenant or tenants within ten days of
the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of
the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit
located in the licensed property with an evicted tenant for a period of one year after the eviction.
(d) Upon determination by the Police Department that a licensed premises or unit within a
licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(2) herein, the
Police Department shall cause notice to be made to the owner and property manager of the violation
and direct the owner and property manager to take steps to prevent further Disorderly Use
violations.
(e) If a second Disorderly Use violation as determined by the Police Department occurs within a
continuous twelve month period involving the same tenancy, the Police Department shall cause
notice to be made to the owner and property manager of the second violation. The owner or
property manager shall respond in writing within ten (10) days of receipt of the notice with an
action plan to prevent further Disorderly Use violations.
(f) If a third Disorderly Use violation as determined by the Police Department occurs within a
continuous twelve month period involving the same tenancy, the Police Department shall cause
notice to be made to the owner and property manager of the third violation. The owner or property
manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation
of the Crime Free/Drug Free lease language within the lease and proceed with termination of the
tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit
located in the licensed property with an evicted tenant for a period of one year after the eviction.
Meeting of July 14, 2008 (Item No. 3) Page 14
Subject: Review of Business and Contractor License Requirements
(g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the determination
that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections
(a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants
occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a
call for assistance from any source. The term “domestic abuse” has the meaning given in Minn. Stat.
§ 518B.01, subd. 2.
Sec. 8-332. Administrative License Violation Fee.
An owner failing to proceed with an action to terminate the tenancy after Police Department
notification in accordance with a Crime Free/Drug Free violation or the third Disorderly Use
violation shall pay an administrative license violation fee of $750.00 for each calendar month that
the owner fails to proceed. Any outstanding fees must be paid prior to the city renewing a rental
license for the licensed premises.
Subdivision XV. Community Residential Facility
Sec. 8-464. License required.
(a) The owner of any residential building or portion thereof operating as a Community
Residential Facility with one or more dwelling units must obtain a license.
(b) A Community Residential Facility is a state-licensed residential facility or group
home/nonstatutory facility.
Sec. 8-465. Definitions.
For purposes of this Subdivision XV the following terms shall have the meaning set forth in
this section:
(a) State-licensed residential facility means a state-licensed and state-mandated residential facility
occupied by persons in need of specialized treatment or protection and resident staff who live
together as a single housekeeping unit, usually for a limited period of time. The use includes
outpatient group counseling, some supervision and treatment programs. The maximum number of
clients served is specified by state law which may be amended from time to time. Persons served
may include the mentally retarded and severely physically handicapped.
(b) Group home/nonstatutory means occupancy of a residential structure by persons in need of
specialized treatment or protection and resident staff who usually live together as a housekeeping
unit for a limited period of time. Occupants are typically not treated as tenants or have specialized
regulations relating to their occupancy. This use includes outpatient group counseling, forced
detention, treatment for mental illness and drug addiction, protective shelter, half-way house, sober
houses and release programs. The facility may be licensed by the state but is not mandated.
Meeting of July 14, 2008 (Item No. 3) Page 15
Subject: Review of Business and Contractor License Requirements
Sec. 8-466. Required Application Information.
The owner must identify a designated property manager responsible for operation and
maintenance of each licensed property. Contact information for the owner and property manager
must be provided on the license application, and the owner must provide the city with any changes
occurring within the license period. The owner may be the designated property manager. The
owner must submit a reproduction of state or county license at the time of application.
Sec. 8-467. Maintenance.
The owner of community residential facility must maintain all units, common space and
exteriors of such buildings in compliance with the City Code and state and federal laws and
regulations. The owner of such facility shall perform a periodic assessment of all portions of the
building and correct any inadequacies to ensure the building is maintained in good repair.
Sec. 8-468. City Inspections.
(a) The owner of a community residential facility shall permit access by the City to perform a
minimum of one inspection every year of the common space and every dwelling unit. The City may
perform or require additional inspections if deemed necessary by the City or by the request of an
occupant. The owner shall notify the occupants of the time when the City inspection will be
conducted and provide access to the units.
(b) The owner’s community residential facility license may be suspended, revoked or denied
renewal for failing to maintain the licensed building in compliance with the property maintenance
code as set forth in chapter 6, article V of this Code or otherwise failing to comply with the
requirements of the City Code or applicable state or federal law.
Sec. 8-469. Condition of Licensing.
All licensees, except State-licensed residential facilities, shall comply with the following
conditions relating to the operation of the licensed facility:
(a) Maximum occupancy of a licensed facility shall be in compliance with the zoning ordinance,
State Building Code and all other applicable regulations.
(b) The licensed facility must comply with all zoning requirements for the district in which the
facility is located.
(c) A qualified, full-time staff person must reside at the licensed facility.
(d) Subject to any limitations in state statute, no new license will be issued for a community
residential facility which would be located closer then 1320 feet (1/4 mile) to another community
residential facility.
Meeting of July 14, 2008 (Item No. 3) Page 16
Subject: Review of Business and Contractor License Requirements
(e) Compliance with any applicable Minnesota Department of Health rule for Food and
Lodging.
(f) The average length for residents during any calendar year shall be at least ninety (90) days.
Sec. 8-470. Crime Free/Drug Free and Disorderly Use Requirements.
(a) All Community Residential Facilities, except for state licensed residential facilities and subject
to all preemptory state and federal laws, shall comply with the following Crime Free/Drug Free and
Disorderly Use language:
(1) Crime Free/Drug Free.
1. Resident, any members of the Community Residential Facility or a guest or other
person affiliated with resident shall not engage in criminal activity, including drug-
related criminal activity, on or near the premises.
2. Resident, any member of the Community Residential Facility or a guest or other
person affiliated with resident shall not engage in any act intended to facilitate
criminal activity, including drug-related criminal activity, on or near the premises.
3. Resident or members of the Community Residential Facility will not permit the
dwelling unit to be used for, or to facilitate criminal activity, including drug-related
criminal activity, regardless of whether the individual engaging in such activity is a
member of the household, or a guest.
4. Resident, any member of the Community Residential Facility or a guest, or other
person affiliated with the resident shall not engage in the unlawful manufacturing,
selling, using, storing, keeping, or giving of a controlled substance at any locations,
whether on or near the premises or otherwise.
(2) Disorderly Use.
1. Resident, members of the Community Residential Facility, guests, or other persons
under the resident’s control shall not engage in the following Disorderly Use
activities: violations of state law relating to alcoholic beverages, trespassing or
disorderly conduct; and violation of the St. Louis Park City Code relating to zoning,
nuisance and prohibited noise.
Meeting of July 14, 2008 (Item No. 3) Page 17
Subject: Review of Business and Contractor License Requirements
(3) Definitions.
1. The term “criminal activity” means prostitution, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of firearms,
or any other criminal activity on or near the premises that jeopardizes the health,
safety and welfare of the landlord, his agent, other resident, neighbor or other third
party, or involving imminent or actual serious property damage.
2. The term “drug related criminal activity” means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or use of
a controlled substance or any substance represented to be drugs (as defined in
Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(b) Upon determination by the Police Department that a licensed premises or unit within a
licensed premises was used in violation of the Crime Free/Drug Free provisions of Subsection (a) (1)
herein, the Police Department shall cause notice to be made to the license holder of the violation
(c) A service fee will be assessed to the license holder for violation of the Crime Free/Drug Free
provisions. If service fee is not paid by the next license period, the fee will be added to the approved
license fee and collected at that time.
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.
(1) Group home/nonstatutory. The conditions are as follows:
a. The residence structure shall be treated as a single family dwelling and occupied by
no more than one family as defined in §36-4.
b. The use shall not be located within 1,320 feet (1/4 mile) of any other group
home/nonstatutory or state-licensed residential facility.
Meeting Date: July 14, 2008
Agenda Item #: 4
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:
Council Role in Critical Incident Preparedness Training on June 28th
RECOMMENDED ACTION:
Discussion item, no action needed.
POLICY CONSIDERATION:
After discussion, we want to make sure Council understands their role in this type of situation and
answer any questions that may arise.
BACKGROUND:
A local emergency or disaster is a stern test of a political jurisdiction’s leadership. The role played by
elected officials during these events plays an important part in a jurisdiction’s successful handling of
an emergency. We will review and discuss with Council their role, should such an event happen in
St. Louis Park.
In addition, on Monday, July 28th, the City of St. Louis Park and the School District will be
working together on multi agency training and an exercise to be held at the St. Louis Park High
School. This exercise, while primarily focusing on Police, Fire, EMS and School response, will also
be an opportunity for the City and School District to work together in an Emergency Operations
Center format. Arrangements have been made for those Council members who wish to tour the site,
review preparations and equipment involved with a drill of this magnitude (including the new
command vehicle jointly purchased by St. Louis Park & Golden Valley), and enjoy a delicious box
lunch with participants. At our meeting on Monday we will talk about:
• Schedule of events on July 28th
• Role of Council
• Transportation arrangements
• Time of activities
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Prepared and Approved by: Luke Stemmer, Fire Chief
Nancy Gohman, Deputy City Manager/HR Director
Meeting Date: July 14, 2008
Agenda Item #: 5
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:
Communications (verbal)
RECOMMENDED ACTION:
Not Applicable.
POLICY CONSIDERATION:
Not Applicable.
BACKGROUND:
At every Study Session, verbal communications will take place between staff and Council for the
purpose of information sharing.
FINANCIAL OR BUDGET CONSIDERATION:
Not Applicable.
VISION CONSIDERATION:
Not Applicable.
Attachments: None
Prepared and Approved by: Tom Harmening, City Manager