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HomeMy WebLinkAbout2007/10/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA COUNCIL CHAMBERS October 1, 2007 7:30 p.m. 7:15 p.m. ECONOMIC DEVELOPMENT AUTHORITY 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations -- None 3. Approval of Minutes 3a. Study Session Minutes of September 10, 2007 3b. City Council Minutes of September 17, 2007 3c. Study Session Minutes of September 17, 2007 3d. Study Session Minutes of September 24, 2007 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. 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. Park Nicollet Health Services Bond Issuance Approval Recommended Action: Conduct Public Hearing and Adopt Resolution authorizing the sale of up to $107 million in revenue bonds for the Cancer Center/Orange Lot and Eating Disorders Institute projects. 6b. Public Hearing to Consider Ordinance modifying Compensation of the Mayor and Resolution reducing salary for the Economic Development Authority President. Recommended Action: Mayor to close public hearing. 1) Motion to approve the first reading of the ordinance modifying compensation for the Mayor, and set second reading for October 15, 2007. 2) Motion to adopt a resolution to modify compensation for Economic Development Authority President. 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Interim Ordinance Temporarily Prohibiting Pawnshops Recommended Action: Motion to adopt first reading of an Interim Ordinance temporarily prohibiting pawnshops and set second reading for October 8, 2007. Motion to adopt Resolution directing City Planning staff to conduct a study to determine how pawnshops should be regulated within the city. Motion directing City staff to immediately stop the further processing and approval of any pending or new applications for a pawnshop license. 8b. Call for Public Hearing - Park Nicollet Health Services Refunding Bonds Recommended Action:. Motion to adopt the resolution calling for a public hearing authorizing the sale of refunding bonds and ratify staff action to publish a notice of public hearing. 9. Adjournment 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. ST. LOUIS PARK CITY COUNCIL MEETING OF OCTOBER 1, 2007 SECTION 4: 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 Council member or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. 1. Motion to adopt Second Reading of an ordinance to establish the Wolfe Lake Condominium Association Improvement Area, approve summary and authorize publication. 2. Motion to approve resolution to impose fees. 3. Motion to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and Wolfe Lake Condominium Association. 4b. Motion to adopt Second Reading of an ordinance vacating right-of-way and alleys on the Bass Lake site, approve summary and authorize publication. 4c. Motion to adopt Second Reading of an ordinance vacating a storm sewer easement, approve summary and authorize publication. 4d. Motion to adopt Second Reading of an ordinance approving a Zoning Map Amendment, approve summary and authorize publication. 4e. 1. Motion to adopt Second Reading of an ordinance amending the Floodplain District boundary of the Official Zoning Map, approve summary and authorize publication. 2. Motion to adopt Second Reading of an ordinance amending the Zoning Code text related to Floodplain District, approve summary and authorize publication. 4f. Motion to adopt Second Reading of an ordinance renaming 35½ Street West to 35th Street West, approve summary and authorize publication. 4g. Motion to approve resolution calling for a public hearing by the City Council on November 19, 2007 relative to the proposed West End Tax Increment Financing District within Redevelopment Project No. 1 (A Redevelopment District). 4h. Motion to authorize waiver of all subscriber fees for Phase 1 of ParkWiFi for the month September, 2007 and subscriber fees for the month of October 2007 for those customers not receiving stable and reliable service, and temporary suspension of service by sub-area in Phase 1 so that ARINC can make technical corrections in order to provide service per its contract with the City of St. Louis Park. 4i. Motion to approve resolution establishing a special assessment for the repair of the sewer service line at 5824 W. 39th Street. 4j. Motion to approve resolution authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, Monterey Drive, & Wolfe Parkway adjacent to the Excelsior & Grand development. 4k. Motion to designate Kevitt Excavating, LLC the lowest responsible bidder and authorize execution of contract with the firm in the amount of $77,464.00 for the City Hall storm sewer project – Project No. 2007-2500. 4l. Motion to accept for filing Housing Authority Minutes August 8, 2007 4m. Motion to accept for filing Planning Commission Minutes September 9, 2007 4n. Motion to accept for filing Vendor Claim Report Meeting Date: October 1, 2007 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION SEPTEMBER 10, 2007 The meeting convened at 6:38 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Staff present: City Manager (Mr. Harmening), Communications Coordinator (Mr. Zwilling), Chief Information Officer (Mr. Pires), Broadband Coordinator (Mr. Landis), Fire Chief (Mr. Stemmer), Community Development Director (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Director of Inspections (Mr. Hoffman), Deputy Chief Manager/Human Resources Director (Ms. Gohman) and City Clerk (Ms. Stroth). Guests: Paul Kraloec, Unplugged Cities; Tom Asp, Columbia Telecommunications Corporation; Ruth Hough and Mike Siok, ARINC, Inc; Mike McGarvey and Marjorie Pits, SRF Consultants 1. Future Study Session Agenda Planning Mr. Harmening and Council discussed study session agenda planning. 2. Wireless Update Mr. Pires presented the staff report, explaining the timeline and delays in the project. He also stated November 30th is the goal for completion that ARINC is planning on. Ruth Hough, ARINC Inc. expressed their commitment, along with explanation of the unexpected delays. She stated the issue is how to get the project done by the deadline provided. She further stated they have a good working team relationship with staff. She stated Mr. Siok would be providing a detailed plan as to what will be done within the next two weeks to meet those objectives. Mike Siok, ARINC Inc. gave a summary of where the project currently is. He explained the impact of the radio location changes and further stated Phase 2 was designed differently than Phase 1 to balance the design with the needs of residents. Councilmember Paprocki asked how many houses would be affected by the holes in coverage. Mr. Siok stated it would vary. Councilmember Paprocki asked what percentage of houses would be currently covered. Mr. Siok stated approximately 85 percent and went on to explain the plan to provide the rest of the coverage. Discussion took place regarding requests for redesigns. Councilmember Carver suggested setting a uniform standard to adhere to. Mayor Jacobs stated the prime directive of the discussion was to make sure the system worked. Council and staff had discussion on what precedents to follow and quadrant design criteria that would keep the amount of redesigns to a minimum. Meeting of October 1, 2007 Page 2 Subject: Study Session Minutes September 10, 2007 Mr. Siok explained the work plan for the coming two weeks. Ms. Hough recapped, saying they would be finishing up the design for Phase 2, with half of it being installed. She further stated that even though it would be installed, it did not mean it would be operational, as testing would still be occurring. The tentative plan for completion of Phases 2, 3 and 4 is the end of November 2007. Councilmember Carver asked when the entire project would be done. Mr. Siok stated the end of November 2007. Councilmember Carver asked how far behind the project was. Mr. Pires stated about three months, stating their original goal was September. Councilmember Carver asked if there were any time requirements or implications. Mr. Pires stated the original project done date was August 30, but because of the six week work stoppage relating to the poles, it was changed to October 14. At this point ARINC said it would be November 30, 2007. Councilmember Paprocki asked if ARINC had any financial penalty because of the delay. Ms. Hough stated there was no penalty in the contract for late delivery. She further stated that all the delays were not directly related to ARINC, stating the design process could have been more efficient. She also stated their penalty is significant by the costs they’ve incurred as well as their reputation. Mr. Pires stated in fairness to all parties there is a time limit, the next two week’s need to have items completed, stating he feels that deadline needs to be met in order to meet the November 30th date. Council was in agreement upon the deadline of November 30, 2007. Mr. Siok stated there could not be anymore citizen redesigns. Mr. Pires stated he understood ARINC should adhere to the location criteria, and do what it takes to make it meet the schedule with a minimum of location changes. He also stated that ARINC needs multiple teams to get the project done within the timeline. Councilmember Sanger advised ARINC that by Council stating no more redesigns, ARINC would be responsible for dealing with resident concerns. She also asked if volunteers were solicited. Mr. Pires stated they were solicited through the newspaper. Councilmember Sanger also asked if they had all the equipment to service the people. She also suggested some type of marketing to reach the people who have abandoned the service. Mr. Pires stated they would be reaching out to the community more directly once ARINC had completed the service to the point that the City could credibly market it. Councilmember Basill was concerned if the two teams would be enough and suggested a third team be added. Councilmember Finkelstein agreed with that, stating weather could also be an issue and ARINC needed to have enough resources to prepare for that contingency. Ms. Hough stated adding more people resources would take time and training, stating the critical issues are the design itself and providing design engineers who know St. Louis Park. Mr. Pires suggested that ARINC include City staff in the design as early as possible to help alleviate possible issues down the road. Meeting of October 1, 2007 Page 3 Subject: Study Session Minutes September 10, 2007 3. West 36th Street Streetscape Planning Mr. McMonigal presented the staff report. Mr. McGarvey explained the design of the streetscape planned for West 36th Street, with the remainder of streetscape being funded and finished next year. He stated some of the ideas being considered are: lighting, keeping green spaces closer to the street, art bollards, unique sidewalk and bike racks, people benches, conversation spaces, public art in crosswalks with a possible newspaper kiosk and banding in the sidewalk that would provide public art. Mr. Locke showed some models of what Marjorie Pitz has been designing. Ms. McMonigal stated the idea was to keep the streetscape elements subtle so that it would not be detraction from the art. Councilmember Basill stated it would be worthwhile to show the benches that have been provided by residents to Hoigaards, stating they have had positive feedback from the neighborhood on the building set back. He also suggested taking the extra steps make sure it’s good long-term. Councilmember Finkelstein thanked staff and SRF for creating its own separate area having its own energy. Councilmember Paprocki suggested looking at how to build art to blend the WiFi box into the streetscape. He also suggested the materials used for the benches be temperature tolerant. Councilmember Sanger wanted to make sure it was graffiti proof. She also asked if there would be public streetscape elements elsewhere on 36th Street around the new condos. Ms. McMonigal stated possibly, but the grant money is only from Wooddale to Hwy 100. Councilmember Basill reminded Council of the limitations in the Wooddale/36th Street area, stating there was still opportunity for improvement. 4. Facilities Update Mr. Hoffman presented the staff report, stating the City Hall elevator would be out of operation for about six weeks. He stated they would be setting up a service counter on the first floor. He stated they would be providing signage and notices on the website that the Council meetings would be accessible through the Minnetonka Boulevard entrance. Councilmember Sanger reminded staff to make sure the door is unlocked. Councilmember Paprocki suggested the upcoming Planning Commission meeting be held in the Community Room. Mr. Hoffman explained that the building exterior concrete would need some maintenance, as well as appearance improvements. He stated sections of the sidewalks and steps would need replacement. He further stated they would be replacing the landscape; staff would be consulting with a landscaper designer to create a plan for a unified appearance. Councilmember Omodt asked what the cost would be. Mr. Hoffman stated approximately $30,000 for the concrete work, $40,000 to $50,000 for the landscaping and about $300,000 - $350,000 in exterior maintenance expenses. He further stated that there was money planned for this in the CIP fund, so staff would be reviewing the budget. Meeting of October 1, 2007 Page 4 Subject: Study Session Minutes September 10, 2007 Councilmember Sanger asked if any consideration was taken into the architectural appearance. Mr. Hoffman stated they could create some accents and perhaps create some type of an entrance. Councilmember Sanger asked about the Minnetonka Boulevard side and if there were any elements that could be added to soften appearance and give it style at a reasonable cost. Mr. Hoffman asked to what extent Council wanted staff to go, stating possible roof top screening around equipment. Mr. Hoffman explained the wind powered generator and the educational opportunities at the nature center, stating it would cost approximately $35,000 and would generate enough energy to provide coverage for the educational building. Councilmember Omodt stated Benilde-St. Margarets was interested in being involved in a partnership. Councilmember Carver stated it’s cost versus benefit, is it cost effective and suggested staff do a spreadsheet comparison. Mayor Jacobs stated he felt it’s justified by it being an excellent educational opportunity, educating people on the reality and benefits of this type of energy. Councilmember Sanger stated that it’s an indirect cost saving and it would encourage others to install energy saving devices. Councilmember Paprocki stated concern that the cost is too high. Mayor Jacobs stating they need to start thinking globally and what it would be worth to future generations. Councilmember Carver suggested applying for grants. Mayor Jacobs stated staff had been applying. Mr. Harmening suggested looking for other financial partners or donations, stating the Community Foundation had shown a financial interest. Councilmember Sanger reminded Council of the Vision Project and taking that into account. Councilmember Omodt stated the cost justification should be how it would affect the kids and it could be beneficial to “spark ideas.” Councilmember Finkelstein stated he has concern with the $35,000 cost, but does consider it an investment for the future. Mr. Hoffman explained the fire station location criteria, which consisted of road access, availability and cost to acquire, the response time, proximity to the intersection, development issues, 1 to 3 acre sites, evaluating the three potential sites in great detail. He stated the Elliott Building site had the most potential. Mayor Jacobs stated he felt the Elliot Building was worth further research. Mr. Harmening agreed, suggesting public process and meeting with the school district on all three sites. Councilmember Finkelstein asked about the status of the future Walgreens/Louisiana site. Mr. Locke stated they expect to receive plans in the fall. Councilmember Finkelstein asked if there would be two stations. Mr. Harmening stated yes. Councilmember Sanger stated concern with traffic implications on Cedar Lake Road. Mr. Stemmer stated the problem with that site was it’s close proximity to the intersection and suggested an Opti-com light that would provide traffic time to get clear the road. Mr. Harmening reminded Council that 80 percent of the calls were medical, thus requiring a smaller type vehicle. Mr. Harmening stated the police department stated interest in having some type of training space and staff suggested looking for a location that could also accommodate other uses. There was Council consensus to continue exploring all three sites. Meeting of October 1, 2007 Page 5 Subject: Study Session Minutes September 10, 2007 5. Council and EDA Salaries Councilmember Basill stated concern with the amount of work the Mayor does versus the amount of work done by the EDA. He suggested taking the EDA salary and applying it to the Mayor’s salary. Councilmember Sanger and Councilmember Omodt agreed and suggested phasing it out. Councilmember Carver asked why there were separate meeting salaries and asked for clarification on the setting the salary terms. Mr. Harmening stated the Council sets the EDA salaries and could be set any time and stated that the Council salaries would need to be set prior to the election. Councilmember Basill stated his proposal was that they shift the EDA President to the Mayor and incorporate the salary accordingly. Councilmember Sanger agreed. It was the consensus of Council to include the EDA presidency salary in the Mayor’s salary. The meeting adjourned at 9:45 p.m. Written Reports provided and documented for recording purposes only: 6. Update Agenda Template ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 1, 2007 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 17, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Environmental Coordinator (Mr. Vaughan), Communications Coordinator (Mr. Zwilling), Community Development Director (Mr. Locke), Assistant Planner (Mr. Fulton), Senior Planner (Mr. Walther), Housing Program Coordinator (Ms. Larsen) and Recording Secretary (Ms. Schmidt). Guests: Scott Sobiech, Barr Engineering 2. Presentations 2a. Portia Byrd Day Proclamation Mayor Jacobs read Proclamation declaring September 17, 2007 as Portia Byrd Day and thanked her for her outstanding contributions and countless hours of volunteering she had provided the community over the past 14 years. 2b. Evergreen Award Mayor Jacobs and Mr. Vaughan presented the owners of 9125 Westmoreland Lane and 8535 West 35th Street the 2007 Evergreen Award. 3. Approval of Minutes 3a. City Council Minutes of September 4, 2007 It was noted on page 3, to add the first paragraph to state: “Councilmember Finkelstein stated concern with the proposal of spending up to $4 million on underground parking with TIF money and the majority of the Council were not in agreement.” It was noted on page 3, the fifth paragraph, second sentence should state: “… noise to not exceed the existing conditions they already have.” It was noted on page 3, the sixth paragraph, first sentence should state: “… vibrations were felt in the nearby neighborhoods.” Meeting of October 1, 2007 Page 2 Subject: City Council Minutes September 17, 2007 3b. Study Session Minutes of August 27, 2007 It was noted on page 3, the third paragraph, last sentence should state: “…to have employee development based upon past success.” It was noted on page 3, the last paragraph, second sentence should state: “… if the products for making paraphernalia such as wrapping paper and pipes were regulated.” It was noted on page 3, the second paragraph, first sentence should state: “… to know the amount of money available for projects and services that we were prepared to offer and then prepare the budget.” It was noted on page 3, the fourth paragraph, first sentence should state: “Councilmember Finkelstein inquired if there were standards by which to alleviate these types of requests in the future. He was also concerned with the precedent they were setting by doing it on a piecemeal basis when they did not have standards in place first.” It was noted on page 4, the twelfth paragraph, first sentence should state: “the owners have an issue because of the cost.” It was noted on page 4, the fourteenth paragraph, should state: “… for the filling one of the owners has done.” 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. 4a. Motion to approve out-of-state travel for Mayor Jacobs to Washington D.C. from October 9-11, 2007. 4b. Motion to adopt Resolution No. 07-100, appointing election judges for the General Election on November 6, 2007. 4c. Motion to approve Amendment No. 1 to Contract 89-06 providing additional engineering services for Trail Project - CSAH 25 Ped Bridge, Project No. 2005- 2100. 4d. Motion to approve Resolution No. 07-101, to reallocate CDBG funds and authorize execution of any third party agreements. The proposed relocation shifts 2006 CDBG funds from the St. Louis Park Emergency Program (STEP) acquisition project to the single family emergency repair project and the single family low income home improvement loan project. 4e. Motion to accept for filing Parks and Recreation Commission Minutes April 11, 2007. 4f. Motion to accept for filing Planning Commission Minutes July 11, 2007. 4g. Motion to accept for filing Planning Commission Minutes July 18, 2007. 4h. Motion to accept for filing Planning Commission Minutes August 1, 2007. Meeting of October 1, 2007 Page 3 Subject: City Council Minutes September 17, 2007 4i. Motion to accept for filing Human Rights Commission Minutes April 17, 2007. 4j. Motion to accept for filing Human Rights Commission Minutes June 19, 2007. 4k. Motion to accept for filing Human Rights Commission Minutes February 20, 2007. 4l. Motion to accept for filing Human Rights Commission Minutes March 20, 2007. 4m. Motion to adopt Resolution No. 07-102, authorizing final payment in the amount of $30,946.00 for Standby Generators for Water Treatment Plant #1 and #4 - City Project No. 2005-1500 for Total Construction & Equipment, Inc., City Contract No. 118-05. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing to consider granting an On-Sale Intoxicating Liquor License with Sunday sales for ERJ Dining IV, LLC, dba Chili’s Grill and Bar located at 5245 Wayzata Blvd. in St. Louis Park. Mr. Harmening presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Carver, seconded by Councilmember Sanger, to approve on-sale intoxicating liquor license with Sunday sales to ERJ Dining IV, LLC, dba Chili’s Grill and Bar located at 5245 Wayzata Boulevard. The motion passed 7-0. 6b. Public Hearing on Wolfe Lake Condominium Association Housing Improvement Area (HIA). Ms. Larsen presented the staff report. Mayor Jacobs opened the public hearing at 7:59 p.m. Shirlee Engebretson, 4820 Park Commons unit #340, thanked Council and Ms. Larsen for their consideration of the loan for the improvements. Phillip Melmer, 4820 Park Commons, inquired about the 35 people who are not in support of the request. Ms. Larsen stated it was 35 percent and if it were to occur, they would be able to reapply. Meeting of October 1, 2007 Page 4 Subject: City Council Minutes September 17, 2007 Fran Rutherford, 4820 Park Commons, asked if they could lock in on the lower rate. Ms. Larsen stated they could get the rate locked. Mayor Jacobs closed the public hearing at 8:04 p.m. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to approve First Reading of an ordinance to establish the Wolfe Lake Housing Improvement Area and to set second reading for October 1, 2007. The motion passed 7-0. 6c. Eating Disorders Institute Right-of-Way and Alley Vacations. Mr. Fulton presented the staff report. Mayor Jacobs opened the public hearing at 8:06 p.m. Dale Hanson, 2555 Xenwood Avenue South, stated concern with building on park land. Mayor Jacobs stated it had been guided and zoned as multi-family apartment complexes. Mayor Jacobs closed the public hearing at 8:09 p.m. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to approve First Reading of an ordinance vacating right-of-way and alleys and set the second reading for October 1, 2007. The motion passed 7-0. 6d. Hoigaard Village Storm Sewer Easement Vacation. Mr. Fulton presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to approve First Reading of an ordinance vacating a storm sewer easement and set the second reading for October 1, 2007. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None Meeting of October 1, 2007 Page 5 Subject: City Council Minutes September 17, 2007 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments. Resolution No. 07-099 Mr. Fulton presented the staff report. It was moved by Councilmember Basill, seconded by Councilmember Carver, to adopt Resolution No. 07-099, approving a Comprehensive Plan Map Amendment and approve publication of Summary Resolution No. 07-099. The motion passed 7-0. It was moved by Councilmember Basill, seconded by Councilmember Carver, to adopt the first reading of an ordinance approving a Zoning Map Amendment and set the second reading for October 1, 2007. The motion passed 7-0. 8b. First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map. Mr. Walther presented the staff report. Scott Sobiech, Barr Engineering explained the Federal Emergency Management Agency (FEMA) flood insurance and how it works. Councilmember Finkelstein asked Mr. Barr to answer why Methodist would be going through the process. Mr. Barr stated if residents in the flood plain had a lone on the property, they would be required to purchase flood insurance annually. He also stated the process would reduce the flood plain significantly, decreasing the number of houses greatly, thus not be required by FEMA to purchase flood insurance. He further stated anyone in the City could get flood insurance. Councilmember Sanger asked, if by amending the flood map, would any new properties be added that weren’t in the designated areas. Mr. Walther stated no. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to approve the First Reading of an ordinance amending the Floodplain District boundary on the Official Zoning Map and approve the First Reading of an ordinance amending the Zoning Code text related to Floodplain District. The motion passed 7-0 Mayor Jacobs asked if there would be a time limit. Mr. Walther stated there would not be. Meeting of October 1, 2007 Page 6 Subject: City Council Minutes September 17, 2007 8c. Hoigaard Village – Renaming 35½ Street West to be known as 35th Street West. Mr. Fulton presented the staff report. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to approve First Reading of an ordinance renaming 35 ½ Street West to 35th Street West and set the second reading for October 1, 2007. The motion passed 7-0. Councilmember Carver wanted to make sure both property owners were notified. Mr. Fulton stated they were. Communications Mayor Jacobs reminded folks of the Belgian waffle dinner at Lennox on Friday, September 28th. Mayor Jacobs thanked the St. Louis Park Community Foundation for their beneficial work. Councilmember Basill stated the Historical Society held their annual Ice Cream Social over the weekend and suggested people check out their website: www.slphistory.org. 9. Adjournment The meeting adjourned at 8:40 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 1, 2007 Agenda Item #: 3c UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION SEPTEMBER 17, 2007 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), Chief Information Officer (Mr. Pires), Economic Development Coordinator (Mr. Hunt), Community Development Director (Mr. Locke), Communications Coordinator (Mr. Zwilling) and Recording Secretary (Ms. Schmidt). Guest: Jim Detmar, Associate Creative Director at Periscope, students from Hamline University 1. Marketing and Branding Mr. Zwilling introduced Jim Detmar, who updated Council on marketing and branding activities. Council and staff had discussion on the messages important to St. Louis Park and incorporating them into their goals. Council reviewed the research and review study, identified as key messages, advising staff and Periscope of the approach to take. Mr. Detmar informed Council of the next steps in the process, stating they would keep Council updated. Mr. Harmening asked if the school district would be participating in the process. Mr. Zwilling stated staff had been in contact with the district’s Communications Coordinator, Amy Parnell and they would be working together on creating some ideas. The meeting adjourned at 7:12 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 1, 2007 Agenda Item #: 3d UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION SEPTEMBER 24, 2007 The meeting convened at 6:03 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Communications Coordinator (Mr. Zwilling), Public Works Director (Mr. Rardin), Chief Information Officer (Mr. Pires), Community Development Director (Mr. Locke), City Engineer (Mr. Brink), Planning & Zoning Supervisor (Ms. McMonigal), Economic Development Coordinator (Mr. Hunt) and Recording Secretary (Ms. Schmidt). Guest: Ruth Hough and Mike Siok, ARINC Inc; Pat Mascia and Duke Realty Representatives; JR Anderson; Jamie Sloboden, SEH Consultants. 1. Future Study Session Agenda Planning Mr. Harmening and Council discussed study session agenda planning. Councilmember Omodt suggested another study session on senior transportation. 2. Wireless Update Mr. Pires presented the staff report. Ms. Hough, ARINC, presented what they had accomplished on their two-week schedule given to Council on September 10th. She stated the poles had been installed for most of Phase 2 along with increased coverage in Phase 1. Councilmember Paprocki asked if the customers in Phase 1 were being charged. Ms. Hough stated the performance didn’t meet specs at this point. Mr. Pires stated customers would not be charged for September since the service was not yet ready. Councilmember Sanger asked when Phase 1 would be fully operational. Ms. Hough stated they were still having some implementation issues, stating she could get back with Council by next Monday. Ms. Hough further stated they needed to find out why certain areas aren’t performing. Councilmember Sanger stated they are still receiving complaints on Phase 1 coverage. Ms. Hough stated they are working with Novartis to install equipment on their roof to cover some coverage concerns. Mr. Siok stated they have established a plan on how to deal with issues in Phase 1. Councilmember Paprocki asked if the current issues would have any impact on Phases 3 and 4 schedules. Mr. Siok stated no. Ms. Hough stated they had made mistakes on Phase 1 and had learned what not to do going forward. She stated she would like to see them completed within a two-week period. Meeting of October 1, 2007 Page 2 Subject: Study Session Minutes September 24, 2007 Councilmember Sanger questioned why the current issues weren’t foreseen. Ms. Hough stated the performance of the system was not meeting the standard it should. Councilmember Sanger stated the longer the installation takes, the less interested supporters are. Councilmember Paprocki asked if any of the concerns were tree coverage or the boxes. Mr. Siok stated most of the concerns could be rectified with antennas and stated they were trying to provide operation under the trees. Councilmember Carver stated concern with deadlines not being met and that the service was being given away. Councilmember Sanger agreed and asked if October would be free also. Mr. Pires stated staff would be evaluating the concern, but that he did not feel it legitimate to charge subscribers for the service that is not stable. Mayor Jacobs suggested staff look at it on a case- by-case basis if necessary. Councilmember Finkelstein asked if ARINC had looked into any other options if Novartis didn’t allow equipment on their building. Mr. Harmening stated he had been in contact with Novartis and they seemed to be cooperative. Ms. Hough stated if Novartis didn’t cooperate, it would mean more pole locations. Councilmember Finkelstein suggested having a backup plan if Novartis didn’t wish to participate. Councilmember Paprocki asked if shrouds were being installed. Mr. Siok stated they were not because the shrouds impede ARINC’s work progress. Mayor Jacobs asked if the shrouds could be installed later. Mr. Pires asked ARINC to reconsider the shroud installation. Councilmember Basill asked if the project could still work and if it would be to the performance standard agreed by the November 30, 2007 deadline. Mr. Siok stated yes, they should be able to. Mr. Pires stated they would be providing current subscribers with updates. There was Council consensus to find the resources and commit whatever it took to get it done. This included supporting ARINC’s desire to rectify Phase 1 performance issues by temporarily suspending service on an area by area basis to allow ARINC to complete its work. 3. Duke Realty’s Updated West End concept Plan and Revised TIF Assistance Request Mr. Locke presented the staff report. Mr. Mascia presented a summary on the proposed site plan. He further stated Anderson Development agreed with Council and the parking structure will be placed underground. Mr. Anderson gave a background on his company and presented information on the retail site plan. Councilmember Finkelstein asked how much the community center would cost. Mr. Mascia stated it would be approximately 750 square feet and cost $250,000. He further stated that was in addition to the atrium area, which was 5000 square feet. Councilmember Finkelstein asked the number of years requested for TIF increment. Mr. Mascia stated 25 years, Mr. Hunt stated they’ve asked for $29 million and twenty years tax increment, in any type of means, such as waived park land dedication fees. Councilmember Finkelstein asked what would happen to the TIF request if Golden Valley decided not to participate. Mr. Mascia stated they would need to consider a new plan on the office side. Mr. Locke stated staff’s recent discussions with Golden Meeting of October 1, 2007 Page 3 Subject: Study Session Minutes September 24, 2007 Valley suggested confidence they could put together a Joint Powers Agreement. Councilmember Finkelstein stated he would like them to come back to Council if Golden Valley chose not to participate. Councilmember Carver asked if was reasonable to set a cap on street contribution from Duke. Mr. Locke stated it was reasonable, but until it actually got designed, they wouldn’t know the costs or off site risks involved. Mr. Harmening asked of the Homewood Suites was included in the increment. Mr. Locke stated it was. There was Council consensus to have staff look into tax increment options for twenty years and schedule a hearing for consideration of a TIF District for November 19th. Council thanked Duke Realty for their work on the project. 4. Highway 100 Reconstruction (Full Build) Project Update Mr. Rardin presented the staff report. Mr. Sloboden presented an update on Highway 100 and discussed the existing local street system. Council and staff had discussion and possible options for the Highway 100 reconstruction possibilities. There was Council consensus to have staff start the process reviewing possible ways to disperse traffic and bring back them back to Council at a later date. 5. Traffic Signal Project Update – Beltline Boulevard @ SW LRT Trail, City Project 2007-2700 Mr. Brink presented the staff report. Council and staff had discussion on the possibilities of having a signal light and/or raised median at the intersection. There was Council consensus to have staff pursue the raised median curb option and eliminate the signal light. The meeting adjourned at 9:18 p.m. Written Reports provided and documented for recording purposes only: 6. Solid Waste Program Changes 7. August 2007 Monthly Financial Report 8. Environmental Study ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: October 1, 2007 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: Creation of Wolfe Lake Condominium Association Housing Improvement Area (HIA). RECOMMENDED ACTION: Staff recommends that the following three actions be taken for the implementation of the housing improvement area project: 1. Motion to adopt second reading of an ordinance to establish the Wolfe Lake Condominium Association Housing Improvement Area, approve summary and authorize publication. 2. Motion to approve resolution to impose fees. 3. Motion to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and Wolfe Lake Condominium Association. POLICY CONSIDERATION: State Statute authorizes cities to establish HIAs as a finance tool for private housing improvements. An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. The Council adopted the HIA policy in 2001, as a tool to finance the preservation and improvement of existing housing. The Wolfe Lake HIA meets the intention of city policy. Since 2001 the City has participated in the creation of two HIAs – Cedar Trails Condominium Association in 2002 and Wolfe Lake Condominium in 2006. BACKGROUND: On September 17, 2007 the City Council held a public hearing to establish Wolfe Lake Condominium Association as a Housing Improvement Area (HIA). The association petitioned the City to establish the area for the purpose of financing needed common area improvements. The Council approved the first reading of an ordinance to establish Wolfe Lake HIA by a 7-0 vote and scheduled the second reading for October 1, 2007. The attached staff report for the September 17, 2007 public hearing provides detailed background information. The hearing was attended by approximately fifteen Wolfe Lake Association owners. The Association president spoke in support of creation of the HIA and no one spoke in opposition of the HIA. The loan amount would be $1,268,000, with a 15 year term at 5.85% interest rate. As discussed with Council the 5.85% interest rate reflects a decrease for the original estimate of 6.15%. The interest rate for a non-bond HIA and other special assessments is one interest rate point above the 20-year Treasury rate, and this rate has dropped since the HIA petition process began in July. Fees would be payable with real estate taxes over a 15 year period beginning in 2008, or owners may opt to prepay the imposed fee prior between November 16 – 23, 2007. Meeting of October 1, 2007 Page 2 Subject: 2nd Reading Wolfe Lake Condominium HIA Required Implementation Actions: 1. Ordinance Establishing the Wolfe Lake Housing Improvement Area The ordinance establishes a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. The ordinance documents the process and provides the finance tool for common area improvements. Significant issues addressed in the ordinance are: • The City’s goal to maintain and preserve City’s housing stock and stabilize neighborhoods. • A majority of owners filed a petition requesting a public hearing regarding establishment of the HIA. • The association has documented that without establishment of the HIA, the common area improvements could not be made. • A public hearing was conducted on September 17, 2007. The City is required to publish a summary of the ordinance (attached) and mail the ordinance summary to owners of all units within five days of adoption of the ordinance. 2. Resolution to Impose Fees This document ensures that the City meets statutory requirements of imposing fees to unit owners for repayment of the association loan. The key issues are: • Fees will be imposed based on ownership percentage of units and will be payable beginning in 2008. Unit owners have been notified of their individual liability. • Fees will be payable with real estate tax payments. • The process for prepayment of fees by owners is described. • A written objection process allows individual owners to file an objection of inclusion in the area and subjection of fees. • A veto period follows the adoption of the ordinance, where 35% of the owners, or 35% of tax capacity, may file written objections. When this occurs the statute requires that the HIA not be granted. The City is required to mail a summary of the resolution to owners of all units within five days of its approval along with a notice of the veto process. 3. Contract for Private Development The City would enter into the Contract for Private Development with the Wolfe Lake Condominium Association after the 45 day veto period expires. Staff is working with Kennedy & Graven, Association Board members and Omega Management Inc., and their attorney regarding final revisions. Kennedy & Graven has outlined the major business points of the agreement: • Association will provide ongoing financial reports & records for term of the loan Meeting of October 1, 2007 Page 3 Subject: 2nd Reading Wolfe Lake Condominium HIA • Association will provide its assets in the form of dues, fees, assessments and covenants as security to the City • Association will retain a replacement reserve fund agreed upon by the city and association for the term of the loan. • Association will retain professional property management for the term of loan. • Association will ensure improvements are completed according to specific requirements. • Monies will be disbursed as work is verified by City representatives as being completed. • Association will provide notice of fee to perspective buyers. 4. City of St. Louis Park Economic Development Authority (EDA) Internal Loan Fund Resolution This resolution will be considered by the EDA at the October 1 meeting preceding this Council meeting. The loan to the association would be an internal loan using the City/EDA Development Fund, rather than issuing bonds. The resolution formalizes the loan mechanism and includes: • A method of segregating loan funds from City funds by establishing a project fund. • Total loan amount is $1,268,000. $1,238,000 for construction, $12,000 for administrative, legal, financing, and inspecting architect fees, and $18,000 for capitalized interest prior to receipt of fee revenues. • 15-year term, 5.85% interest, accrual begins January 1, 2008. • Disbursement will be made to association upon written certification that items proposed for payment are complete and necessary. FINANCIAL OR BUDGET CONSIDERATION: The proposed HIA would result in the City lending Wolfe Lake Condominium Association $1,268,000. The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution will be drafted to formalize the arrangement. The City’s Finance Director and City Assessor are involved in structuring the loan and ensuring assessment procedures are followed. A Development Agreement with the Association will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. Fees will be payable with property taxes beginning in 2008. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. The HIA loan actually earns money for the City in that the interest on the loan, 5.85%, is higher than interest that would be currently realized on the money if the city invested the money in approved city investments. Meeting of October 1, 2007 Page 4 Subject: 2nd Reading Wolfe Lake Condominium HIA VISION CONSIDERATION: The proposed Wolfe Lake HIA improvements are consistent with Vision St. Louis Park and the Strategic Directions adopted by the City Council: “St. Louis Park is committed to providing a well-maintained and diverse housing stock”. The HIA tool addresses affordably valued, aging owner-occupied townhouse and condominium housing stock. The proposed improvements specifically address the focus of property maintenance to foster quality housing and community aesthetics. The proposed improvements also preserve affordable single-family home ownership by making the improvements affordable using a low interest long-term loan. Attachments: HIA Ordinance Summary of Ordinance Resolution Notice to Owners with Summaries of Ordinance & Resolution Council Report of September 17, 2007 Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 5 Subject: 2nd Reading Wolfe Lake Condominium HIA ORDINANCE NO. _____-07 AN ORDINANCE ESTABLISHING THE WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT ORDAINED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2001. 1.03. The City has determined a need to establish the Wolfe Lake Condominium Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Wolfe Lake Condominium” all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Wolfe Lake Condominium Association (the “Condominium Association”) and with residents in the proposed Wolfe Lake Condominium Housing Improvement Area regarding the establishment of the Wolfe Lake Condominium Housing Improvement Area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12 of the Act, owners of at least 25 percent of the housing units within the proposed Wolfe Lake Condominium Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on September 17, 2007, conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this ordinance, at which all persons, including owners of property within the proposed Wolfe Lake Condominium Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Wolfe Lake Condominium Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the condominium association for, or the housing unit owners in, the Wolfe Lake Condominium Association. 2.04. The Council further finds that designation of the Wolfe Lake Condominium Housing Improvement Area is needed to maintain and preserve the housing units within such area. 2.05 The City will be the implementing entity for the Wolfe Lake Condominium Housing Improvement Area and the improvement fee. Meeting of October 1, 2007 Page 6 Subject: 2nd Reading Wolfe Lake Condominium HIA 2.06 The Council finds that the Wolfe Lake Condominium Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these criteria were met, including presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Wolfe Lake Condominium Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Wolfe Lake Condominium Housing Improvement Area contains 131 housing units as of the date of adoption of this ordinance, along with garage units and common areas. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Wolfe Lake Condominium Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Wolfe Lake Condominium Housing Improvement Area: Mechanical: Replace domestic hot water recirculation piping; replace fire alarm system; replace exit lights; install access control system; and install corridor make-up air system. Exterior: Replace asphalt roofs: 4820 South and East, 4860 North; Replace windows, terrace, first & second floors; replace wood siding; add east parking lot entry vestibule. Site Improvements: Sealcoat asphalt. Interior Improvements: Paint & Wall covering; Decorate apartment entries; carpet halls, lobbies, stairwells; ceramic tile; furniture & artwork; interior signage; interior light fixtures; reface apartment doors; replace common area doors; carpentry; renovate office and guest room; garage floor restoration. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Wolfe Lake Condominium Housing Improvement Area; and (c) costs of arranging financing for the Housing Improvements under the Housing Improvement Act; and (d) interest on the internal loan as described in Sections 5.04 and 6.01. Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Section 428A.14 of the Act, impose a fee on the housing units within the Wolfe Lake Condominium Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. Meeting of October 1, 2007 Page 7 Subject: 2nd Reading Wolfe Lake Condominium HIA 5.02. The Housing Improvement Fee shall be imposed on the basis of each owned housing unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Wolfe Lake Condominium, dated as of April 22, 1980. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 years after the first installment is due and payable. 5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the resolution imposing the fee. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. Section 6. Housing Improvement Area Loan. 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and the period for prepayment of the Housing Improvement Fee has expired as described in Section 5.04 hereof, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan (the “loan”) of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. 6.02. The City may refinance the loan or any unpaid portion of the loan at any time by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Section 7. Annual Reports. 7.01. On October 1, 2008, and each October 1, thereafter until there are no longer any outstanding obligations issued under the Act in connection with the Wolfe Lake Condominium Housing Improvement Area, Wolfe Lake Condominium Association (and any successor in interest) shall submit to the City Clerk a copy of the condominium association's audited financial statements. 7.02. The Condominium Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Wolfe Lake Condominium Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Wolfe Lake Condominium Housing Improvement Area file a written objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Meeting of October 1, 2007 Page 8 Subject: 2nd Reading Wolfe Lake Condominium HIA Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. Read, approved and adopted and ordered published at a regular meeting of the City Council of the City of St. Louis Park on October 1, 2007. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting of October 1, 2007 Page 9 Subject: 2nd Reading Wolfe Lake Condominium HIA EXHIBIT A TO ORDINANCE NO. _____-07 Legal description Common Interest Community No 203. That part of the No rtheast 1/4 of the Northwest 1/4 of Section 7, Township 28, North Range 24 West of the 4th Principal Meridian, described as beginning at the Northwest corner of said Northeast 1/4 of the Northwest 1/4; thence East (assumed bearing for the purposes of this description) along the North line of said Northeast 1/4 of the Northwest 1/4 a distance of 519.12 feet; thence South 00 degrees, 12 minutes, 15 seconds East a distance of 194.07 feet; thence South 66 degrees, 11 minutes, 00 seconds West on a line parallel with and 370 feet Northwesterly of the center line of Excelsior Avenue a distance of 386.95 feet; thence North 23 degrees, 49 minutes, 00 seconds West on a line perpendicular to the center line of Excelsior Avenue a distance of 12.00 feet; thence South 66 degrees, 11 minutes, 00 seconds West on a line parallel with and 382 feet Northwesterly of the center line of Excelsior Avenue a distance of 173.33 feet more or less to the West line of said Northeast 1/4 of the Northwest 1/4; thence North 00 degrees, 20 minutes, 15 seconds West along said West line a distance of 409.34 feet to the point of beginning, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota. Meeting of October 1, 2007 Page 10 Subject: 2nd Reading Wolfe Lake Condominium HIA SUMMARY ORDINANCE NO. _____-07 AN ORDINANCE ESTABLISHING THE WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21. This ordinance establishes the Wolfe Lake Condominium Housing Improvement Area, which is the area legally described on Exhibit A of the Ordinance, and specifies the "Housing Improvements" that will be constructed in Wolfe Lake Condominium Housing Improvement Area and financed with the Housing Improvement Fee. This ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements. The fee is set by a separate City Council resolution, but the ordinance lays out the ground rules on how the fee will be determined. Those rules are summarized as follows: • The fee will be imposed based on each unit's percent of undivided ownership interest. • The fee may be prepaid according to the terms set forth in the resolution. • If the fee is not prepaid by November 23, 2007, it will be payable over 15 years. • The fee will be collected at the same time and in the same manner as property taxes. • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the fee. This ordinance provides that at any time after the City has entered into a contract with the Wolfe Lake Condominium Association for construction of the Housing Improvements, or after work has been ordered, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. This ordinance requires that Wolfe Lake Condominium Association submit audited financial statements to the City each year while there are outstanding obligations issued under the Act. This ordinance shall take effect 45 days after the October 1, 2007 date of adoption, unless owners of at least 35 percent of the housing units in the Wolfe Lake Condominium Housing Improvement Area file an objection with the City Clerk prior to that effective date. Adopted by the City Council October 1, 2007 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: Meeting of October 1, 2007 Page 11 Subject: 2nd Reading Wolfe Lake Condominium HIA CITY OF ST. LOUIS PARK RESOLUTION NO. 07-_____ RESOLUTION APPROVING A HOUSING IMPROVEMENT FEE FOR THE WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2001. 1.03. By Ordinance No. ______ adopted on the date hereof (the "Enabling Ordinance"), the Council has established the Wolfe Lake Condominium Housing Improvement Area in order to facilitate certain improvements to property known as the "Wolfe Lake Condominium," all in accordance with the Housing Improvement Area policy. 1.04. In accordance with Section 428A.12 of the Act, owners of at least 25 percent of the housing units within the Wolfe Lake Condominium Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Wolfe Lake Condominium Housing Improvement Area. 1.05. The Council has on September 17, 2007 conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this resolution at which all persons, including owners of property within the Wolfe Lake Condominium Housing Improvement Area, were given an opportunity to be heard. 1.06 The Council finds that the Wolfe Lake Condominium Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. 1.07. Prior to the date hereof, Wolfe Lake Condominium Association (the "Condominium Association") has submitted to the City a financial plan prepared by Bach Consulting Group, an independent third party, acceptable to the City and the Condominium Association, that provides for the Condominium Association to finance maintenance and operation of the common elements in the Wolfe Lake Condominium and a long-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the Act. Meeting of October 1, 2007 Page 12 Subject: 2nd Reading Wolfe Lake Condominium HIA 1.08. For the purposes of this Resolution, the terms "Wolfe Lake Condominium Housing Improvement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. Section 2. Housing Improvement Fee Imposed. 2.01. The City hereby imposes a fee on each housing unit within the Wolfe Lake Condominium Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of each housing unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Wolfe Lake Condominium, dated as of April 22, 1980, and as shown under the heading Undivided Ownership in that Exhibit. 2.02. The owner of any housing unit in the Wolfe Lake Condominium Housing Improvement Area may prepay the Housing Improvement Fee in total and without interest thereon between the effective date of this resolution and November 23, 2007. The amount of the prepayment is shown under the headings Total Prepayment Fee in Exhibit A. After November 23, 2007, the Housing Improvement Fee shall be imposed on an annual basis as described in 2.03, and housing unit owners shall be permitted to prepay the outstanding principal portion, with accrued interest at the rate of 5.85%, on any date. If a prepayment is made by November 20 of 2008 or any subsequent year, the amount must include interest on the outstanding principal portion of the fee through the end of that calendar year. If a prepayment is made after November 20 of 2008 or any subsequent year, the amount must include interest through the end of the following calendar year. Partial prepayment of the Housing Improvement Fee shall not be permitted. Prepayment must be made to the City Treasurer. 2.03. If the Total Prepayment Fee is not paid between the effective date of this resolution and November 23, 2007, the Housing Improvement Fee shall be imposed as an annual fee, in the amount shown under the heading Annual Fee in Exhibit A. The Housing Improvement Fee shall be imposed in equal installments, beginning in 2008, for a period no greater than 15 years after the first installment is due and payable. The Annual Fee shall be deemed to include interest on the unpaid portion of the total Housing Improvement Fee. Interest shall begin to accrue on January 1, 2008 at an annual interest rate of 5.85% percent per annum. The Annual Fee shall be structured such that estimated collection of the Annual Fee will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Housing Improvement Fee. 2.04. Unless prepaid between the effective date of this resolution and November 23, 2007, the Housing Improvement Fee shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Minnesota Statutes, Sections 428A.15 and 428A.05. As set forth therein, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 2.05 A de minimis fee may be imposed by Hennepin County for services in connection to administration required in order for the fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. Meeting of October 1, 2007 Page 13 Subject: 2nd Reading Wolfe Lake Condominium HIA Section 3. Notice of Right to File Objections. 3.01. Within five days after the adoption of this Resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Wolfe Lake Condominium Housing Improvement Area: a summary of this Resolution; notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Wolfe Lake Condominium Housing Improvement Area file a written objection with the City Clerk before the effective date of this Resolution; and notice that a copy of this Resolution is on file with the City Clerk for public inspection. Section 4. Effective Date. 4.01. This Resolution shall be effective 45 days after adoption hereof. Section 5. Filing of Housing Improvement Fee. 5.01. The City Clerk shall file a certified copy of this resolution together with a final update of Exhibit A hereto to the Hennepin County Director of Taxation to be recorded on the property tax lists of the county for taxes payable in 2008 and thereafter. Approved by the City Council of the City of St. Louis Park this 1st day of October, 2007. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk Meeting of October 1, 2007 Page 14 Subject: 2nd Reading Wolfe Lake Condominium HIA EXHIBIT A TO RESOLUTION NO. 07-_____ Assessment Allocation Fee Table #Unit No.Unit Type Percentage Interest * Annual Fee Dues Structure # Prepayment Amount Total P & I Paid Per Unit (105%) 1 113 A 0.0048245 659.83 1 6,194.03 9,897.47 2 213 A 0.0051309 701.74 2 6,582.14 10,526.05 3 131 B 0.0051615 705.92 3 6,620.90 10,588.82 4 21 A-Terrace 0.0052840 722.68 4 6,776.07 10,840.13 5 133 B 0.0053300 728.97 5 6,834.33 10,934.50 6 231 B 0.0054832 749.92 6 7,028.39 11,248.79 7 121 A 0.0055138 754.10 7,067.15 11,311.57 8 221 A 0.0055138 754.10 7,067.15 11,311.57 9 233 B 0.0056363 770.86 8 7,222.32 11,562.87 10 103 B 0.0057129 781.33 7,319.34 11,720.02 11 105 B 0.0057129 781.33 7,319.34 11,720.02 12 331 B 0.0057129 781.33 7,319.34 11,720.02 13 313 A 0.0057435 785.52 10 7,358.10 11,782.80 14 333 B 0.0058661 802.29 11 7,513.40 12,034.31 15 29 B-1-Terrace 0.0059579 814.84 12 7,629.68 12,222.64 16 136 B 0.0060192 823.23 7,707.33 12,348.39 17 203 B 0.0060192 823.23 7,707.33 12,348.39 18 205 B 0.0060192 823.23 7,707.33 12,348.39 19 222 B-1 0.0060192 823.23 7,707.33 12,348.39 20 224 B 0.0060192 823.23 7,707.33 12,348.39 21 226 B 0.0060192 823.23 7,707.33 12,348.39 22 230 B 0.0060192 823.23 7,707.33 12,348.39 23 321 A 0.0061264 837.89 14 7,843.11 12,568.32 24 101 B-3 0.0061724 844.18 15 7,901.38 12,662.68 25 130 B 0.0062489 854.64 7,998.28 12,819.62 26 322 B-1 0.0062489 854.64 7,998.28 12,819.62 27 324 B 0.0062489 854.64 7,998.28 12,819.62 28 326 B 0.0062489 854.64 7,998.28 12,819.62 29 122 B-1 0.0063255 865.12 17 8,095.31 12,976.77 30 124 B 0.0063255 865.12 8,095.31 12,976.77 31 126 B 0.0063255 865.12 8,095.31 12,976.77 32 236 B 0.0063255 865.12 8,095.31 12,976.77 33 135 B-4 0.0063565 869.36 19 8,134.57 13,040.37 34 201 B-3 0.0064787 886.07 20 8,289.36 13,291.06 35 336 B 0.0065553 896.55 21 8,386.39 13,448.20 36 25 B-2-Terrace 0.0065859 900.73 22 8,425.15 13,510.98 37 210 C 0.0066012 902.82 23 8,444.53 13,542.37 38 128 B+0.0066318 907.01 8,483.29 13,605.14 39 202 B-3 0.0066318 907.01 8,483.29 13,605.14 40 303 B 0.0066318 907.01 8,483.29 13,605.14 41 305 B 0.0066318 907.01 8,483.29 13,605.14 42 330 B 0.0066318 907.01 8,483.29 13,605.14 43 235 B-4 0.0066625 911.21 25 8,522.18 13,668.12 44 137 B+0.0067084 917.49 8,580.32 13,762.29 45 237 B+0.0067084 917.49 8,580.32 13,762.29 46 301 B-3 0.0067084 917.49 8,580.32 13,762.29 47 129 B+0.0067850 927.96 8,677.34 13,919.43 48 229 B+0.0067850 927.96 8,677.34 13,919.43 49 125 B-2 0.0068616 938.44 8,774.37 14,076.58 50 225 B-2 0.0068616 938.44 8,774.37 14,076.58 51 302 B-3 0.0068616 938.44 8,774.37 14,076.58 52 111 D 0.0068922 942.62 8,813.13 14,139.35 53 335 B-4 0.0068922 942.62 8,813.13 14,139.35 13 9 7 26 27 28 29 WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA 16 18 24 Meeting of October 1, 2007 Page 15 Subject: 2nd Reading Wolfe Lake Condominium HIA #Unit No.Unit Type Percentage Interest * Annual Fee Dues Structure # Prepayment Amount Total P & I Paid Per Unit (105%) 54 102 B-3 0.0069382 948.91 30 8,871.40 14,233.72 55 228 B-5 0.0070454 963.58 31 9,007.18 14,453.64 56 110 C 0.0070607 965.67 32 9,026.56 14,485.03 57 211 D 0.0071985 984.52 33 9,201.11 14,767.73 58 328 B-5 0.0072751 994.99 34 9,298.14 14,924.87 59 337 B+0.0073211 1,001.28 35 9,356.41 15,019.24 60 329 B+0.0073977 1,011.76 36 9,453.43 15,176.39 61 19 D-Terrace 0.0074130 1,013.85 9,472.81 15,207.78 62 234 C-1 0.0074130 1,013.85 9,472.81 15,207.78 63 325 B-2 0.0074742 1,022.22 38 9,550.33 15,333.33 64 334 C-1 0.0076427 1,045.27 39 9,763.77 15,679.01 65 119 D 0.0076580 1,047.36 9,783.15 15,710.39 66 219 D 0.0076580 1,047.36 9,783.15 15,710.39 67 106 E 0.0077959 1,066.22 9,957.82 15,993.30 68 108 E 0.0077959 1,066.22 9,957.82 15,993.30 69 311 D 0.0078112 1,068.31 42 9,977.20 16,024.68 70 207 E 0.0079184 1,082.97 10,112.99 16,244.60 71 209 E 0.0079184 1,082.97 10,112.99 16,244.60 72 138 E 0.0079797 1,091.36 44 10,190.64 16,370.36 73 27 E-Terrace 0.0080409 1,099.73 45 10,268.16 16,495.91 74 17 E-Terrace 0.0080869 1,106.02 10,326.42 16,590.28 75 23 E-Terrace 0.0080869 1,106.02 10,326.42 16,590.28 76 39 E-Terrace 0.0080869 1,106.02 10,326.42 16,590.28 77 41 E-Terrace 0.0080869 1,106.02 10,326.42 16,590.28 78 206 E 0.0080869 1,106.02 10,326.42 16,590.28 79 208 E 0.0080869 1,106.02 10,326.42 16,590.28 80 204 E 0.0080870 1,106.03 47 10,326.55 16,590.49 81 319 D 0.0082706 1,131.14 48 10,559.11 16,967.14 82 216 E 0.0082860 1,133.25 10,578.62 16,998.74 83 218 E 0.0082860 1,133.25 10,578.62 16,998.74 84 220 E 0.0082860 1,133.25 10,578.62 16,998.74 85 238 E 0.0082860 1,133.25 10,578.62 16,998.74 86 304 E 0.0083318 1,139.51 50 10,636.63 17,092.70 87 107 E 0.0083779 1,145.82 10,695.02 17,187.27 88 109 E 0.0083779 1,145.82 10,695.02 17,187.27 89 117 E 0.0083779 1,145.82 10,695.02 17,187.27 90 123 E 0.0083779 1,145.82 10,695.02 17,187.27 91 217 E 0.0083779 1,145.82 10,695.02 17,187.27 92 223 E 0.0083779 1,145.82 10,695.02 17,187.27 93 127 E 0.0084698 1,158.39 10,811.43 17,375.80 94 227 E 0.0084698 1,158.39 10,811.43 17,375.80 95 104 E 0.0084851 1,160.48 53 10,830.81 17,407.19 96 120 E 0.0085157 0.00 Associstion Owned Unit 0.00 0.00 97 316 E 0.0085157 1,164.66 10,869.57 17,469.97 98 318 E 0.0085157 1,164.66 10,869.57 17,469.97 99 320 E 0.0085157 1,164.66 10,869.57 17,469.97 100 307 E 0.0085310 1,166.76 10,888.95 17,501.35 101 309 E 0.0085310 1,166.76 10,888.95 17,501.35 102 116 E 0.0085923 1,175.14 56 10,966.60 17,627.11 103 132 E-2 0.0086229 1,179.33 57 11,005.36 17,689.89 104 118 E 0.0086689 1,185.62 58 11,063.63 17,784.26 105 115 E-3 0.0086995 1,189.80 59 11,102.39 17,847.03 106 306 E 0.0087148 1,191.89 11,121.77 17,878.42 107 308 E 0.0087148 1,191.89 11,121.77 17,878.42 WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA 37 40 41 43 46 49 51 52 54 55 60 Meeting of October 1, 2007 Page 16 Subject: 2nd Reading Wolfe Lake Condominium HIA #Unit No.Unit Type Percentage Interest * Annual Fee Dues Structure # Prepayment Amount Total P & I Paid Per Unit (105%) 108 338 E 0.0088986 1,217.03 61 11,354.58 18,255.49 109 232 E-2 0.0089293 1,221.23 62 11,393.47 18,318.47 110 139 E-1 0.0089905 1,229.60 11,470.99 18,444.02 111 239 E-1 0.0089905 1,229.60 11,470.99 18,444.02 112 317 E 0.0089905 1,229.60 11,470.99 18,444.02 113 323 E 0.0089905 1,229.60 11,470.99 18,444.02 114 215 E-3 0.0090058 1,231.69 64 11,490.37 18,475.41 115 327 E 0.0090824 1,242.17 65 11,587.39 18,632.55 116 212 E-3 0.0091896 1,256.83 66 11,723.18 18,852.47 117 315 E-3 0.0092356 1,263.12 67 11,781.45 18,946.84 118 310 F 0.0093275 1,275.69 68 11,897.86 19,135.37 119 112 E-3 0.0094193 1,288.25 69 12,014.14 19,323.70 120 332 E-2 0.0095419 1,305.01 70 12,169.43 19,575.22 121 339 E-1 0.0096032 1,313.40 71 12,247.08 19,700.97 122 312 E-3 0.0098023 1,340.63 72 12,499.27 20,109.43 123 140 G 0.0100933 1,380.43 73 12,867.87 20,706.41 124 240 G 0.0105527 1,443.26 74 13,449.78 21,648.87 125 141 G 0.0106447 1,455.84 13,566.32 21,837.61 126 241 G 0.0106447 1,455.84 13,566.32 21,837.61 127 114 H 0.0111041 1,518.67 14,148.22 22,780.07 128 214 H 0.0111041 1,518.67 14,148.22 22,780.07 129 340 G 0.0111654 1,527.06 77 14,225.87 22,905.83 130 341 G 0.0112573 1,539.62 78 14,342.28 23,094.36 131 314 H 0.0117168 1,602.47 79 14,924.31 24,037.03 GRAND TOTAL 0.99 135,602 79 1,266,672 2,034,031 WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA * Note: Annual fee amount is calculated based upon unit percentage interest plus the prorated percentage interest amount for the association owned unit 76 63 75 Meeting of October 1, 2007 Page 17 Subject: 2nd Reading Wolfe Lake Condominium HIA NOTICE TO RESIDENTS OF WOLFE LAKE CONDOMINIUM REGARDING WOLFE LAKE HOUSING IMPROVEMENT AREA AND HOUSING IMPROVEMENT FEE On October 1, 2007 the City Council of the City of St. Louis Park adopted Ordinance No. ________establishing the Wolfe Lake Condominium Housing Improvement Area, and Resolution No _____ imposing a housing improvement fee to finance various housing improvements in that area, all pursuant to Minnesota Statutes, Chapter 428A.11 to 428A.21 (the "Act"). Owners of more than 25 percent of the housing units in Wolfe Lake Condominium Housing Improvement Area filed petitions with the City Clerk requesting a public hearing regarding both the ordinance and the fee resolution. The public hearings for the ordinance and the fee resolution were held on September 17, 2007. Within 5 days after adoption of the ordinance and the resolution, the City is required under the Housing Improvement Act to mail this notice to owners of each housing unit in the affected area. Following is a summary of the ordinance and the resolution, and some important information about your rights as an owner of a housing unit in Wolfe Lake Housing Improvement Area. SUMMARY OF ORDINANCE NO. Affected Area: The ordinance establishes Wolfe Lake Housing Improvement Area, which is the area legally described on Exhibit A. Housing Improvements: The ordinance specifies the "Housing Improvements" that will be constructed in Wolfe Lake Housing Improvement Area and financed with the Housing Improvement Fee. Those improvements are defined as follows: Mechanical: Replace domestic hot water recirculation piping; replace fire alarm system; replace exit lights; install access control system; and install corridor make-up air system. Exterior: Replace asphalt roofs: 4820 South and East, 4860 North; Replace windows, terrace, first & second floors; replace wood siding; add east parking lot entry vestibule. Site Improvements: Sealcoat asphalt. Interior Improvements: Paint & Wall covering; Decorate apartment entries; carpet halls, lobbies, stairwells; ceramic tile; furniture & artwork; interior signage; interior light fixtures; reface apartment doors; replace common area doors; carpentry; renovate office and guest room; garage floor restoration. Housing Improvement Fee: The ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements. The fee is set by a separate City Council resolution (see below), but the ordinance lays out the ground rules on how the fee will be determined. Those rules are summarized as follows: • The fee will be imposed based on each unit's percent of undivided ownership interest, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Wolfe Lake Condominium. • The fee may be prepaid according to the terms set forth in the resolution. • If the fee is not prepaid by November 23, 2007, it will be payable over a period of 15 years. Meeting of October 1, 2007 Page 18 Subject: 2nd Reading Wolfe Lake Condominium HIA • The fee will be collected at the same time and in the same manner as property taxes. • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the fee. Financing: The ordinance provides that at any time after the City has entered into a contract with the Wolfe Lake Condominium Association for construction of the Housing Improvements, or after work has been ordered, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. At any time the City may refinance the loan or any unpaid portion of the loan by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Annual Report: The ordinance requires that Wolfe Lake Condominium Association submit audited financial statements to the City each year while there are outstanding obligations issued under the Act. SUMMARY OF RESOLUTION NO. Fee Imposed: The resolution describes the total Housing Improvement Fee for each housing unit, which is based on that unit's percentage share of ownership interest in the Wolfe Lake Condominiums. The total cost of the Housing Improvements is: $1,268,000 including administrative costs. The annual fee per unit is shown on Exhibit A to the resolution. Prepayment: The Housing Improvement Fee may be prepaid in total, without interest, before November 23, 2007, after which it may be prepaid in total in an amount equal to outstanding principal plus accrued interest. Prepayments made before November 20 of 2008 and subsequent years must include accrued interest through the end of the then-current year, while prepayments made after November 20 of 2008 and subsequent years must include accrued interest through the end of the following year. Annual Payment: For housing unit owners who do not prepay the Housing Improvement Fee before November 23, 2007, an annual Housing Improvement Fee will be imposed beginning in 2008 for a period no greater than 15 years. The fee will include interest on an internal loan made by the City at a rate of 5.85%, beginning in January of 2008. County Fee: An additional fee of less than $5.00 may be imposed by Hennepin County for administrative services in order for the Housing Improvement Fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. Meeting of October 1, 2007 Page 19 Subject: 2nd Reading Wolfe Lake Condominium HIA NOTICE OF RIGHT TO FILE OBJECTIONS Housing unit owners subject to the Housing Improvement Fee have a right to veto either the ordinance, the fee resolution, or both if owners of at least 35 percent of the housing units within Wolfe Lake Housing Improvement Area file an objection with the City Clerk before the effective date of the ordinance or the resolution. The key dates are as follows: Ordinance and Resolution adopted: October 1, 2007 Resolution and Ordinance effective; veto/objections filing deadline: November 15, 2007 City deadline to prepay fee in total without interest: November 23, 2007 FURTHER INFORMATION Copies of Ordinance No. ______and Resolution No. _____ are on file with City Clerk for public inspection (The fee for each unit is attached as Exhibit A to the resolution). If you have questions about the Wolfe Lake Housing Improvement Area or the housing improvement fee, contact Kathy Larsen, Housing Program Coordinator, at 952-924-2196. Dated: October 1, 2007 Meeting of October 1, 2007 Page 20 Subject: 2nd Reading Wolfe Lake Condominium HIA EXHIBIT A TO NOTICE TO RESIDENTS OF WOLFE LAKE CONDOMINIUM REGARDING WOLFE LAKE HOUSING IMPROVEMENT AREA AND HOUSING IMPROVEMENT FEE Legal Description Of The Underlying Land – Wolfe Lake Condominiums Common Interest Community No 203. That part of the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 28, North Range 24 West of the 4th Principal Meridian, described as beginning at the Northwest corner of said Northeast 1/4 of the Northwest 1/4; thence East (assumed bearing for the purposes of this description) along the North line of said Northeast 1/4 of the Northwest 1/4 a distance of 519.12 feet; thence South 00 degrees, 12 minutes, 15 seconds East a distance of 194.07 feet; thence South 66 degrees, 11 minutes, 00 seconds West on a line parallel with and 370 feet Northwesterly of the center line of Excelsior Avenue a distance of 386.95 feet; thence North 23 degrees, 49 minutes, 00 seconds West on a line perpendicular to the center line of Excelsior Avenue a distance of 12.00 feet; thence South 66 degrees, 11 minutes, 00 seconds West on a line parallel with and 382 feet Northwesterly of the center line of Excelsior Avenue a distance of 173.33 feet more or less to the West line of said Northeast 1/4 of the Northwest 1/4; thence North 00 degrees, 20 minutes, 15 seconds West along said West line a distance of 409.34 feet to the point of beginning, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota. Meeting of October 1, 2007 Page 21 Subject: 2nd Reading Wolfe Lake Condominium HIA Meeting Date: September 17, 2007 Agenda Item #: 6b 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 on Wolfe Lake Condominium Association Housing Improvement Area (HIA). RECOMMENDED ACTION: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Wolfe Lake Housing Improvement Area and to set Second Reading for October 1, 2007. POLICY CONSIDERATION: State Statute authorizes cities to establish HIAs as a finance tool for private housing improvements. An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. The Council adopted the HIA policy in 2001, as a tool to finance the preservation and improvement of existing housing. The Wolfe Lake HIA meets the intention of city policy. Since 2001 the City has participated in the creation of two HIAs – Cedar Trails Condominium Association in 2002 and Sungate One Condominiums in 2006. BACKGROUND: Wolfe Lake Condominium Association, located at 4820 and 4860 Park Commons Drive, is a complex of two buildings with a total of 131 units,(one of which is owned by the association, and will not be subject to the HIA fee). The buildings were constructed in 1972 as rental and converted to condominiums in 1980. The units vary in size and features and are 86% owner occupied. The membership voted in February 2007 to place a covenant that requires units sold in the future be sold to owner occupants. The City’s HIA policy requires that only associations where the average unit value is less than or equal to Mn Housing’s guideline for first time homebuyers ($298,000 in 2007) can apply for the HIA tool. The value of these units is consistent with the policy in that the 2007 estimated market value of the units ranges from $108,000 to the mid $140,000’s. The preliminary application was submitted in April 2007, and has been favorably reviewed by staff and the City’s financial advisor, Ehlers and Associates. The Association presented 77 signed petitions, representing almost 60% of the owners, requesting this public hearing. Analysis of Application: Meeting of October 1, 2007 Page 22 Subject: 2nd Reading Wolfe Lake Condominium HIA The following analysis of the application was presented to Council in a staff report on August 27, 2007. The analysis is intended to describe how the proposal meets the HIA policy and intentions of the statute. 1. The Association contracted with a third party to conduct a reserve study. The Association has contracted with Omega Management, Inc., a property management firm since the early 90’s. The Association, in preparation of the HIA application, had a reserve study conducted by Bach Consulting Group in December 2006. The study includes a physical needs assessment, twenty year capital improvement plan and a financial analysis of the existing and projected financial situation. The compiled scope of work is based on the physical assessment, and review by The Foundation architect firm and CC & I Ltd., engineering firm. The proposed improvements have been discussed by the membership, Board and management company over the past two years, and culminated in a full membership meeting and discussion in July, 2007. The reserve study indicates that projected association fee increases will meet current and future needs and that the Association will be capable of funding future needs with their reserves. 2. Project Costs are reasonable and eligible for use of the HIA. The total construction estimate is $1,480,000, of which $242,000 will be funded with existing Association reserve funds, resulting in a total construction estimate for the Housing Improvement Area of $1,238,000. The following improvements are consistent with HIA guidelines in that they are common area improvements and improvements integral to the operation of the buildings and include: • $649,480. Building Mechanical: Replace domestic hot water recirculation piping, replace fire alarm system, replace exit lights, install access control system, and install corridor make-up air system. • $538,720. Building Exterior: Replace asphalt roofs: 4820 South and East, 4860 North, Replace windows, terrace, (first & second floors), replace wood siding, add east parking lot entry vestibule. • $6,240. Site Improvements: Sealcoat asphalt. • $649,480. Building Interior Improvements: Paint & wall covering, decorate apartment entries, carpet halls, lobbies, stairwells, ceramic tile, furniture & artwork, interior signage, interior light fixtures, reface apartment doors, replace common area doors, carpentry, renovate office, and renovate guest room, garage floor restoration. The above estimates are based on bids that have been received and reviewed by Omega Management, the project architect, the Association Board and membership. The proposed loan would be $1,268,000 and would cover construction and soft costs as noted in the following table. The loan would include the fee to be paid to the City along with funds to cover the City’s legal and advisory costs. Meeting of October 1, 2007 Page 23 Subject: 2nd Reading Wolfe Lake Condominium HIA Table 1. Project Costs Wolfe Lake HIA Project Costs Construction Costs $1,238,000 City Admin Fee $5,000 Legal Fees $3,500 Financial Advisor $2,000 Construction Oversight $1,500 Capitalized Interest $18,000 Total $1,268,000 3. The HIA meets City Goals The proposed improvements meet the City goals in that they will upgrade the existing housing stock in a neighborhood, stabilize the owner-occupancy level within the association, and preserve existing affordable housing stock. 4. The Association’s Process and Timeline meets requirements. The Association’s communication regarding the HIA has been ongoing since April 2005. • Staff met with the Board and members to discuss the HIA tool and process at two separate meetings during the preliminary process. • A full membership meeting was conducted on July 11, 2007, at which forty percent of the owners were present and indicated support of the HIA designation from the City. This meeting is a requirement of City policy. • Petitions have been signed by 59% of the owners and a public hearing was scheduled for September 17, 2007. According to city policy and statutory requirements, the only time in which a city may implement an HIA is when Association members petition to the city do so. State Statute requires that 25% of the owners sign petitions, while City policy requires petitions from a majority of the owners. • Construction is scheduled to begin in December and would be completed spring 2008. 5. The HIA financing is necessary for this project. The Wolfe Lake Association applied for credit from MinnWest Bank and Community Association Bank. Their requests were rejected based on insufficient collateral and large amount requested. The HIA is designed to be a last resort finance tool for associations. It is also designed to address obstacles some associations confront when applying for financing. • The City will lend the money to the association and be repaid by the owners, through their property tax payments. • The City’s risk is minimal compared to a private lender as property taxes are in the first position over any other mortgage encumbrances on the property. The actual delinquency rate for past HIA’s is very low. • The HIA provides affordable payment options for owners that will allow association fees to increase gradually to ensure adequate funds of operation and long term maintenance. Meeting of October 1, 2007 Page 24 Subject: 2nd Reading Wolfe Lake Condominium HIA 6. Fees and Loan Term. The average fee per unit will be $9,754, with an annual cost per unit of $1,065 including interest, payable over 15 years. Owners will be allowed to prepay the full amount without interest until November 23, 2007 at which time the fee information will be provided to the County for certification. Owners opting to make a 15 year repayment will begin payments with the 2008 property tax payments. It is interesting to note that forty percent of the Cedar Trails owners and twenty-five percent of the Sungate One owners opted to prepay the fee amount. Table 2. Loan Terms Project Costs $1,238,000 Capitalized Interest $18,000 Soft Costs $12,000 Total Loan Amount $1,268,000 Term (years) 15 Interest Rate 6.15% Average Annual Debt Service $131,839 Required Coverage (105%) $138,431 Total Units 130 Cost/Unit - Annual $1,065 Cost/Unit - Monthly (Average) $89 Average Assessment - Per/Unit $9,754 Next Steps: • October 1, 2007, second reading of the ordinance; consider adoption of ordinance and resolution. • Staff will continue to work with the Association Board, Kennedy & Graven and Ehlers & Associates to finalize a Development Agreement and Internal Loan Fund Resolution. FINANCIAL OR BUDGET CONSIDERATION: The proposed HIA would result in the City lending Wolfe Lake Condominium Association $1,268,000. The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution will be drafted to formalize the arrangement. The City’s Finance Director and City Assessor are involved in structuring the loan and ensuring assessment procedures are followed. A Development Agreement with the Association will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. Fees will be payable with property taxes beginning in 2008. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. Meeting of October 1, 2007 Page 25 Subject: 2nd Reading Wolfe Lake Condominium HIA The HIA loan actually earns money for the City in that the interest on the loan, 6.15%, is higher than interest that would be realized on the money if the city invested the money in approved city investments. VISION CONSIDERATION: The proposed Wolfe Lake HIA improvements are consistent with Vision St. Louis Park and the Strategic Directions adopted by the City Council: “St. Louis Park is committed to providing a well-maintained and diverse housing stock”. The HIA tool addresses affordably valued, aging owner-occupied townhouse and condominium housing stock. The proposed improvements specifically address the focus of property maintenance to foster quality housing and community aesthetics. The proposed improvements also preserve affordable single-family home ownership by making the improvements affordable using a low interest long-term loan. Attachments: HIA Ordinance HIA Resolution (for reference only; to be adopted on Oct 1) Prepared by: Kathy Larsen, Housing Programs Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: October 1, 2007 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: Bass Lake Site Right-of-Way and Alley Vacations RECOMMENDED ACTION: Motion to adopt the second reading of an ordinance vacating right-of-way and alleys on the Bass Lake site, approve summary and authorize publication. POLICY CONSIDERATION: None BACKGROUND: As part of the Bass Lake site redevelopment and proposed construction of Park Nicollet’s Eating Disorders Institute, a number of unused rights-of-way and alleys need to be vacated. The rights- of-way and alleys were laid out in 1911 as part of the plat of “Westmoreland Park.” Though right-of-way was platted for the future construction of roads or alleys, no roads or alleys were ever built on the site. In addition, the configuration of roadways around the site has changed considerably since the time of the original plat. Since that time, Beltline Boulevard and Monterey Avenue South have both been constructed. Each of these roadways better reflects the area’s topography and pattern of development. The proposed redevelopment of the site will include several internal roadways. The Public Works Department has reviewed the proposed redevelopment and determined that none of the existing rights-of-way would serve the site or alleviate potential future traffic conditions in any way. Should new right-of-way be required, it will be provided on the Final Plat for the redevelopment. The City Council held a public hearing on and approved the first reading of an ordinance vacating right-of-way and alleys. One resident had questions about the item and requested more information about the approval process for Park Nicollet’s Eating Disorders Institute. Council noted that the issue will again go before the Planning Commission and City Council when Park Nicollet applies for Planned Unit Development approvals. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: None Attachments: Site Map Ordinance Prepared by: Adam Fulton, Planner Meeting of October 1, 2007 Page 2 Subject: Eating Disorders Institute Right-of-Way and Alley Vacations Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 3 Subject: Eating Disorders Institute Right-of-Way and Alley Vacations ORDINANCE NO.___________ AN ORDINANCE VACATING PUBLIC RIGHTS OF WAY AND EASEMENTS 3515 BELTLINE BOULEVARD THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the public rights of way and easements proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on September 6, 2007, and the City Council has conducted a public hearing upon said petition and has determined that the rights of way and easements are not needed for public purposes, and that it is for the best interest of the public that said rights of way and easements be vacated. Section 2. The following described public rights of way and easements, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land lying southeasterly of a line 40.00 feet northerly of, measured at a right angle to, and parallel with the north line of Westmoreland Park, that lies easterly of the southeasterly line of Belt Line Boulevard and westerly of the northerly extension of the easterly line of Block 1, said plat. AND That part of the Right-of-ways originally dedicated in the plat of Westmoreland Park, Hennepin County, Minnesota described as follows: That part of 36 ½ Street which lies easterly of the northeasterly line of Monterey Drive and west of the centerline of Natchez Avenue; AND That part of Ottawa Avenue which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND The westerly 25 feet of that part of Natchez Avenue which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND The alley contained within Block 1 of said plat; AND Those parts of the alleys contained within Block 2 of said plat lying easterly and southerly of the southeasterly line of Belt Line Boulevard; AND Meeting of October 1, 2007 Page 4 Subject: Eating Disorders Institute Right-of-Way and Alley Vacations That part of the alley contained within Block 7 of said plat lying northerly of the northeasterly line of Monterey Drive reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across the described property for storm sewer, sanitary sewer, water main, and public utility purposes. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Meeting of October 1, 2007 Page 5 Subject: Eating Disorders Institute Right-of-Way and Alley Vacations SUMMARY ORDINANCE NO._____________ AN ORDINANCE VACATING PUBLIC RIGHTS OF WAY AND EASEMENTS 3515 BELTLINE BOULEVARD This ordinance states that public rights of way and easements located at 3515 Beltline Boulevard will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 1, 2007 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: October 11, 2007 Rights-of-Way to be Vacated Bass Lake Rec Center Wolfe Park Monterey Ave. S. 36th St. W. Beltline Blvd. Meeting Date: October 1, 2007 Agenda Item #: 4c 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: Hoigaard Village Storm Sewer Easement Vacation RECOMMENDED ACTION: Motion to adopt the second reading of an ordinance vacating a storm sewer easement, approve summary and authorize publication POLICY CONSIDERATION: None BACKGROUND: Requested is the vacation of a storm sewer easement at the Hoigaard Village redevelopment site. The storm sewer easement is no longer necessary because of the construction of a regional stormwater pond at the Hoigaard Village site and because new easements have been dedicated over the relocated storm sewer infrastructure. The requested vacation should have taken place during the approval process for the Final Plat of Hoigaard Village 2nd Addition. However, the developer did not apply for the vacation at that time. The storm sewer line that this easement covered has been removed and replaced in a different location to accommodate redevelopment. A map is attached showing the easement proposed for vacation and the existing infrastructure that was recently completed by the developer. The City Council held a public hearing on and approved the first reading of this ordinance on September 17, 2007. No one was present to speak to the item. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: None Attachments: Site Map Prepared by: Adam Fulton, Planner Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 2 Subject: Hoigaard Village Storm Sewer Easement Vacation ORDINANCE NO.___________ AN ORDINANCE VACATING STORM SEWER EASEMENT 3550 State Highway 100 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the storm sewer easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on September 6, 2007 and the City Council has conducted a public hearing upon said petition and has determined that the easement is not needed for public purposes, and that it is for the best interest of the public that said storm sewer easement be vacated. Section 2. The following described storm sewer easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: A storm sewer easement to be acquired by the City of St. Louis Park, located in the Northwest Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, which lies within a distance of 7.5 feet on each side of the following described line: Commencing at the intersection of the Westerly Right-of-Way Line of State Trunk Highway No. 100 and the Westerly line of the Northwest Quarter of the Southwest Quarter of Section 6, Township 28, Range 24; thence Northerly along the West line of said Northwest Quarter of the Southwest Quarter of Section 6 a distance of 523.00 feet to the actual point of beginning of the centerline of the storm sewer easement to be described; thence to the right at an angle of 40 degrees, 39 minutes a distance of 180.94 feet; thence to the right at an angle of 30 degrees 52 minutes to its intersection with the Westerly Right-of-Way line of Trunk Highway No. 100, said easement being more particularly described as the free right to enter upon said premises and to construct and install therein a sewer and drain tile for the drainage of waters from the adjacent premises owned by the party of the second part and for the drainage of storm and surface waters, and the free right to enter upon said premises at all reasonable times to inspect, repair and reconstruct said sewer and drain tile, it being understood that after any excavating for said purpose the surface of the premises will be restored to the same condition in which they were at the time the excavation was made as nearly as practicable. Provided, however, that said sewer and drain tile shall be so constructed that at its point of intersection with the Westerly line of State Highway No. 100 the bottom of the tile shall be 12 feet 6 inches below the surface of the berm of the highway right-of-way west of the west line of the pavement, and at the west boundary of the said premises over which this easement is granted the said sewer and drain tile shall be so constructed that the bottom of the tile shall be no more than 3 to 3 ¾ inches higher than the bottom of the tile at the said west line of State Highway No. 100, and provided further that said easement is not intended to prevent the owners of said premises from constructing a building upon said premises over said easement, which shall not interfere with or damage said sewer and drain tile. In the event that such building is to be constructed, the owners of the premises will give party of the second part reasonable notice of such construction accompanied by copy of plans of the proposed building and second party shall thereupon have the right to enter the premises prior to construction of such building or concurrently therewith for the purpose of constructing and providing any necessary protection for such sewer and drain tile. It is understood and agreed that if any damage be done to the said premises or any building thereon in connection with the reconstruction, repair, or maintenance of such sewer and drain tile, the second party will repair such damage at its own expense. The grantors herein shall have the right to connect to said sewer for the purpose of draining surface waters from the said premises. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Meeting of October 1, 2007 Page 3 Subject: Hoigaard Village Storm Sewer Easement Vacation Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Meeting of October 1, 2007 Page 4 Subject: Hoigaard Village Storm Sewer Easement Vacation SUMMARY ORDINANCE NO._____________ AN ORDINANCE VACATING STORM SEWER EASEMENT 3550 STATE HIGHWAY 100 This ordinance states that the storm sewer easement located at 3550 State Highway 100 will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 1, 2007 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: October 11, 2007 Meeting Date: October 1, 2007 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: Park Nicollet Eating Disorders Institute – Zoning Map Amendment RECOMMENDED ACTION: Motion to adopt the second reading of an ordinance approving a Zoning Map Amendment, approve summary and authorize publication. POLICY CONSIDERATION: The Zoning Ordinance is a tool that assists in implementing land use policy determined in the Comprehensive Plan. The City Council is being asked to consider a change to the Official Zoning Map for the property at 3515 Beltline Boulevard from High Density Residential to Office. The City’s Comprehensive Plan map designates the north portion of this parcel for an office land use. BACKGROUND: The City Council adopted a resolution amending the Comprehensive Plan Map for this site from high density residential to office on September 17, 2007. At that meeting the Council also adopted the first reading of an ordinance amending the Official Zoning Map from RC – High Density Residential to O – Office. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: The proposed medical office to be built on the site’s north side assists in facilitating the goals outlined in Vision SLP and the City Councils adopted Strategic Directions. The 3.8 acre parcel on the south side of the site, to be retained by the City, may play a larger role in the Vision process. While specific plans have not been developed for this portion of the Beltline parcel, many ideas are being discussed including a sculpture garden, water feature, arts and culture center, multi-purpose conference facility, library, or some other combination of these or other similar civic uses as envisioned in the recently-published Book of Dreams report. Attachments: Ordinance Location map Zoning Amendment Map Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 2 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3515 Beltline Boulevard THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07-43-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Parcel 1: Block 1 and that part of Block 2 lying Southeasterly of the Southeasterly line of Belt Line Boulevard. Also that part of Block 7 lying Northeasterly of the Northeasterly line of Monterey Dr. Westmoreland Park, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land 40 feet in width lying immediately north of and adjacent to the northerly lines of Blocks 1 and 2, Westmoreland Park and lying easterly of the Southeasterly line of Belt Line Boulevard. from RC – High Density and Multi-Family Residential to O - Office Section 3. The contents of Planning Case File 07-43-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. The ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. Meeting of October 1, 2007 Page 3 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments Reviewed for Administration Adopted by the City Council October 1, 2007 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Meeting of October 1, 2007 Page 4 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments SUMMARY ORDINANCE NO._____________ AN ORDINANCE CHANGING BOUNDARIES OF ZONING DISTRICTS 3515 BELTLINE BOULEVARD This ordinance states that zoning district boundaries at 3515 Beltline Boulevard will be changed from RC – High Density and Multi-Family Residential to O – Office. This ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. Adopted by the City Council October 1, 2007 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: October 11, 2007 36 1/2 ST WBELT LINE BLVD36TH ST W M O N T E R E Y D R LYNN AVE S36TH ST W Eating Disorders Institute - Comp Plan and Rezoning3515 Beltline Boulevard $ September 5, 2007 3X Zoning Classification R1 - Single Family Residential R2 - Single Family Residential R3 - Two Family Residential R4 - Multi-Familiy Residential RC - Multi-Family Residential POS - Parks and Open Space MX - Mixed-Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial 240 Feet POS RCC2 IP POS R4 Existing and Proposed Zoning Designations 36 1/2 36TH BELT LINEMO N T E R E Y 36TH Prepared by the St. Louis Park Community Development Department Existing: Proposed: 36TH 36 1/2BELT LINEMO N T E R E Y 36TH ² Legend POS - Parks & Open Space R1 - Single Family Residential R2 - Single Family Residential R3 - Two-Family Residential R4 - Multiple-Family Residential RC - High-Density Multiple-Family Residential MX - Mixed Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial Meeting Date: October 1, 2007 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: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map RECOMMENDED ACTION: a. Motion to approve the second reading of an ordinance amending the Floodplain District boundary on the Official Zoning Map, approve summary and authorize publication. b. Motion to approve the second reading of an ordinance amending the Zoning Code text related to Floodplain District, approve summary and authorize publication POLICY CONSIDERATION: a. Maintain consistency with the Federal Emergency Management Agency’s assessment of flood risk and floodplain boundaries based on new data and modeling. b. Prevent property damage and increased flood hazard through continued regulation of land use, building standards, and site design of properties within the 100-year floodplain. REQUEST: Proposed are zoning map and text changes to amend the Floodplain District boundary for a portion of St. Louis Park. The amendments implement map revisions by the Federal Emergency Management Agency (FEMA), which will result in a reduction in the 1% annual chance floodplain elevations (a.k.a. 100-year floodplain), for Minnehaha Creek between Oregon Avenue in St. Louis Park and Browndale Avenue in Edina. ZONING CODE ANALYSIS: In order to implement the FEMA map revisions, the City must amend its zoning map and zoning code text. The zoning map includes a floodplain overlay zoning district. The proposed revisions will change the boundary of the overlay district. In addition, the floodplain district regulations in the zoning code reference the effective date of the FIRM panels that cover St. Louis Park. Therefore, the zoning text must be amended to reference the most recently approved map. Zoning Map There are approximately 161 properties in the subject FIRM panel that are currently in the floodplain. Approximately 100 of those properties will be outside the floodplain district boundary (see Figure 1) with the changes. Meeting of October 1, 2007 Page 2 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map Figure 1. Meeting of October 1, 2007 Page 3 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map Zoning Text Staff proposes to amend the zoning text as highlighted below. Strikethrough text indicates deletions and underline text indicates additions. Sec. 36-292. Application of division provisions. …(b) The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0331E, 27053C0332E, 27053C0334E, 27053C0342E, 27053C0351E, 27053C0352E, 27053C0353E, 27053C0354E, 27053C0361E and 27053C0362E for the City of St. Louis Park, dated September 2, 2004, as amended and developed by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the Zoning Administrator. PROCESS: ƒ Public hearing notice published in the Sun Sailor on August 3, 9, and 16, 2007. ƒ The City hosted an informational meeting on August 22, 2007. The City notified owners of properties within the affected FIRM panel that are currently in the floodplain district. ƒ The Planning Commission held a public hearing on September 5, 2007. No one spoke at the public hearing. The Planning Commission recommended approval of the ordinance amendments. Please review the attached meeting minutes for more information. ƒ City Council unanimously approved the first reading of the ordinance on September 17, 2007. ƒ FEMA may approve the Letter of Map Revision by the end of September. FINANCIAL OR BUDGET CONSIDERATION: N/A VISION CONSIDERATION: N/A Attachments: Draft Ordinances and Ordinance Summaries for Publication Proposed Zoning Map Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 4 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map ORDINANCE NO. _____-07 AN ORDINANCE AMENDING SECTION 36-292, SUBSECTION B, OF THE ST. LOUIS PARK ZONING CODE RELATING TO FLOODPLAIN DISTRICTS CHANGING THE REFERENCE TO EFFECTIVE FLOOD INSURANCE RATE PANELS 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. 07-38-Z and 07-39-ZA). Sec. 2. The St. Louis Park Ordinance Code, Chapter 36, Article IV, Section 36-292, Subsection (b) is hereby amended by deleting striken language and adding underlined language as shown below: (b) The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0331E, 27053C0332E, 27053C0334E, 27053C0342E, 27053C0351E, 27053C0352E, 27053C0353E, 27053C0354E, 27053C0361E and 27053C0362E for the City of St. Louis Park, dated September 2, 2004, as amended and developed by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the Zoning Administrator. Sec. 3. The contents of Planning Case File Case No. 07-38-Z and 07-39-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Meeting of October 1, 2007 Page 5 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map Sec. 4. This Ordinance shall take effect fifteen days after its publication. First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication Date Ordinance takes effect Adopted by the City Council October 1, 2007 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of October 1, 2007 Page 6 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map SUMMARY ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE CODE FLOODPLAIN DISTRICTS This ordinance amends the Zoning Ordinance Code to reference the most current Flood Insurance Rate Maps as amended, instead of referencing a specific date. This ordinance shall take effect 15 days after publication. Adopted by the City Council __________, 2007 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: _____________, 2007 Meeting of October 1, 2007 Page 7 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS FLOODPLAIN DISTRICTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 07-38-Z and 07-39-ZA). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries as shown on the attached map. Section 3. The contents of Planning Case Files 07-38-Z and 07-39-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. This ordinance shall take effect fifteen days after its publication. First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication Date Ordinance takes effect Adopted by the City Council October 1, 2007 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of October 1, 2007 Page 8 Subject: Second Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map SUMMARY ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE CODE FLOODPLAIN DISTRICTS This ordinance amends the Floodplain District boundary on the Official Zoning Map. The Official Zoning Map is available for review at City Hall. This ordinance shall take effect 15 days after publication. Adopted by the City Council __________, 2007 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: _____________, 2007 Meeting Date: October 1, 2007 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: Hoigaard Village – Renaming 35½ Street West to be known as 35th Street West RECOMMENDED ACTION: Motion to adopt the second reading of an ordinance renaming 35½ Street West to 35th Street West, approve summary and authorize publication. POLICY CONSIDERATION: None BACKGROUND: 35½ Street West runs between Yosemite Avenue South and Webster Avenue South. The east section of this roadway will run through the Hoigaard Village development site. The request to rename the street from 35½ Street West to 35th Street West will alleviate confusion in this location, as the street lies to the north of 36th Street West but to the south only of the SW LRT Trail corridor. There is no 35th Street West in this part of the City. This section of street was originally called ‘St. Louis Avenue,’ but was changed to 35½ Street West in April of 1959. It is unknown why this street was named using a ½ Street. At the current time, there are only two properties with addresses on 35 ½ Street West. In the future, there will be 11. Nine of the properties will be constructed as part of the Hoigaard Village development. Staff contacted the other two property owners in regard to the street name change. Each property owner believed the modification to eliminate the ½ street was beneficial and noted that they would update their stationary and business cards when they next placed an order. The Police and Fire Departments have been notified of the change and have no comments. The U.S. Post Office will be notified of the change once it is effective. The City Council approved the first reading of this ordinance on September 17, 2007. FINANCIAL OR BUDGET CONSIDERATION: Financial considerations related to the proposed name change are minor and would be handled as part of routine maintenance of street signs. VISION CONSIDERATION: None Attachments: Street Map Prepared by: Adam Fulton, Planner Meeting of October 1, 2007 Page 2 Subject: Hoigaard Village – Renaming 35 ½ Street West to be known as 35th Street West. Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening City Manager Meeting of October 1, 2007 Page 3 Subject: Hoigaard Village – Renaming 35 ½ Street West to be known as 35th Street West. ORDINANCE AN ORDINANCE RENAMING 35 ½ STREET WEST TO 35th STREET WEST THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. 35th STREET WEST That the street heretofore designated 35 ½ Street West lying between Webster Avenue South and Yosemite Avenue South is hereby changed and renamed 35th Street West. Section 2. Effective Date This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Meeting of October 1, 2007 Page 4 Subject: Hoigaard Village – Renaming 35 ½ Street West to be known as 35th Street West. SUMMARY ORDINANCE NO._____________ AN ORDINANCE RENAMING 35 ½ STREET This ordinance states that 35 ½ Street West lying between Webster Avenue South and Yosemite Avenue South is changed and renamed to 35th Street West. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 1, 2007 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: October 11, 2007 Proposed 35th St. W. Hoigaard Village 36th St. W. Hwy 100 Hwy 7 SW LRT Trail Burlington Coat Factory Meeting Date: October 1, 2007 Agenda Item #: 4g 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 a public hearing to consider establishment of the West End Tax Increment Finance District. RECOMMENDED ACTION: Motion to adopt a resolution calling for a public hearing by the City Council on November 19, 2007 relative to the proposed West End Tax Increment Financing District within Redevelopment Project No. 1 (A Redevelopment District). POLICY CONSIDERATION: This is the companion Staff Report and City Council Action to the EDA action and report regarding setting November 19, 2007 as the hearing for consideration of creating a TIF district for the Duke West End project. The policy question for the EDA/City Council is whether they wish to continue to move forward with the proposed redevelopment plans for the Duke Realty properties by scheduling a public hearing to consider the establishment of a Redevelopment TIF District to facilitate the proposed West End project. Over the past year, the EDA/City Council has worked with Duke Realty on its redevelopment plans for the Duke property in the vicinity of Park Place Boulevard, Utica Avenue, Wayzata Blvd and Gamble Drive. The EDA/City Council reviewed Duke’s TIF application (3/26/07), approved and amended a Preliminary Development Agreement (5/21/07 and 9/4/07); and, discussed potential redevelopment contract terms and levels of city assistance (7/24/07 and 9/24/07). It is appropriate to take the next step and set a date for a public hearing to consider creating a TIF district for the benefit of The West End project. Calling for the public hearing will allow the EDA/City Council to take the necessary steps to create the West End TIF District (see enclosed map). The TIF hearing is proposed to be held November 19, 2007. Setting a hearing date for the West End TIF District does not commit the City to creating a TIF district or authorize or commit the City to any specific level of TIF assistance for the proposed project. Procedurally it simply enables the EDA/City Council 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 when a redevelopment contract with the Redeveloper is presented in the coming weeks. Meeting of October 1, 2007 Page 2 Subject: Call for Public Hearing – West End TIF District BACKGROUND: Existing Conditions Duke Realty Corporation owns approximately 47 acres at the southwest corner of I-394 and Highway 100. Given the property’s highway exposure and close proximity to Downtown Minneapolis, the Duke site is both highly visible and highly desirable within the Twin Cities real estate market. It also serves as a prominent gateway into the City of St. Louis Park. Duke plans to redevelop approximately 35 acres of this site area. The proposed redevelopment area consists largely of two parts. The eastern portion is approximately 14 acres; nine acres of which are in the City of St. Louis Park and six acres are in the City of Golden Valley. This area previously included six, 40+ year old office buildings totaling 178,000 square feet. Duke removed the three office buildings in Golden Valley and the other three in St. Louis Park await demolition. The Golden Valley portion of Duke’s site would not be in the proposed TIF District. The western portion of Duke’s redevelopment area is approximately 18 acres. This area is occupied by two, vacant buildings. These are the former Novartis Warehouse on Park Place Boulevard and the former Northwest Tennis Club Building on the corner of Park Place and Gamble. These buildings are planned to be demolished as well. Directly in the middle of these two redevelopment areas lies the 1600 and MoneyGram Office Towers, as well as two restaurant pads occupied by Olive Garden and Chili’s. Duke will retain these restaurants and Class “A” office buildings and construct a regional commercial development around them. In addition the 6.1 acre parcel at 5353 Wayzata Blvd (Associated Bank parcel) is proposed to be within the West End TIF District. While this site is not owned by Duke, a new hotel is proposed on the east side of the parcel that will be integrated into the West End project. Public improvements on this parcel will also be needed to accommodate the West End project. Proposed Project Plans Duke plans to redevelop the eastern side of its property as a Class “A” office park. It will include approximately 1,100,000 square foot of office space spread between three or four buildings connected to a seven level parking structure. On the western side of the site (fronting Park Place Boulevard), Duke and joint venture partner Jeffrey R. Anderson plan to construct a 340,000 square foot “lifestyle” shopping center. This regional destination retail area will be called The West End. It will feature (a) retail tenants consistent with an urban “lifestyle” center, such as a gourmet grocer, upscale fashion and accessories, housewares and furnishings, and casual dining, among others; (b) sit-down restaurants; (c) multi-screen cinema on the second level above the retail; and (d) approximately 30,000 square feet of second story office space. Also included in the center will be indoor and outdoor public gathering places, a community room and a police sub-station (“cop-shop”). The master plan for this area depicts a combination of single story and two story uses. The Redevelopers will provide single-level, underground parking on Park Place Boulevard and a five-level parking structure opposite the existing MoneyGram and 1600 Tower parking structures. A skyway will connect these existing parking structures with the new five-level structure so as to provide shared parking within the redevelopment. The Redevelopers plan to construct the retail/restaurant/entertainment part of the master plan in a single phase, commencing in 2008. Meeting of October 1, 2007 Page 3 Subject: Call for Public Hearing – West End TIF District In addition, at least two new hotels are planned within the proposed TIF district. One is proposed on the eastern parking lot of the Associated Bank parcel. The other is proposed within the Duke property along the new extension of West 16th Street. Over the past year, Duke and the City have worked closely to develop a master plan for the subject redevelopment area that features: ¾ An upscale, class “A” image ¾ Urban development density ¾ Mixed use ¾ Pedestrian friendly ¾ Functional public spaces and amenities Upon completion, The West End is expected to be unlike any other commercial development in the Twin Cities. Property Value Currently, the six (6) properties within the proposed redevelopment area in St. Louis Park have a total market value of approximately $43 million. The projected market value of this area upon redevelopment is estimated at approximately $244 million. The property taxes payable in 2007 on these same properties was approximately $1.1 million. Upon redevelopment, the currently proposed project would generate over $8 million in property taxes. Request for TIF Assistance The proposed West End is a complicated project which will incur substantial redevelopment expenses (demolition, soil corrections, utility relocations) and require significant infrastructure improvements (roadway and utility work) in order to proceed. The total cost of this project is approximately $375 million. Duke is responsible for the vast majority of these costs. However, the project is not financially feasible without some public assistance. The EDA/Council reviewed the preliminary TIF application from Duke Realty at the March 26, 2007 study session. A Preliminary Development Agreement was approved on May 21, 2007 and amended on September 4, 2007. Potential business terms for a full redevelopment contract were discussed on July 23rd with the EDA/Council; and, the amount of tax increment assistance needed for the proposed project was shared with the EDA/City Council on September 24th. Neither the terms of a redevelopment contract nor the amount of assistance have been finalized yet. It is anticipated that both can be resolved by the date of the tax increment district hearing. In its revised application, Duke requested approximately $29 million in tax increment assistance. Staff and the EDA’s fiscal consultant, Ehlers & Associates reviewed the Redeveloper’s latest proforma and determined that the requested amount of assistance was warranted although the exact dollar figure has yet to be determined. Meeting of October 1, 2007 Page 4 Subject: Call for Public Hearing – West End TIF District FINANCIAL OR BUDGET CONSIDERATION: Setting a hearing date for the West End TIF District does not commit the City to creating a TIF District nor does it authorize or commit the City to any level of TIF assistance to the proposed project. Procedurally it simply enables the EDA/City Council 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 when a redevelopment contract with the Redeveloper is presented. 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 TIF District Map Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 5 Subject: Call for Public Hearing – West End TIF District CITY OF ST. LOUIS PARK HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 07-_____ 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 WEST END 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 November 19, 2007, at approximately 7:30 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for Redevelopment Project No. 1, the proposed establishment of the West End 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 West End 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 later than 10, nor more than 30, days prior to November 19, 2007, 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 October 1, 2007: _____________________________ _________________________________ Tom Harmening, City Manager Jeff Jacobs, Mayor ATTEST: _______________________________ Nancy Stroth, City Clerk Meeting of October 1, 2007 Page 6 Subject: Call for Public Hearing – West End TIF 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 WEST END TAX INCREMENT FINANCING DISTRICT (a redevelopment district) (draft as of August 27, 2007) October 1, 2007 EDA requests that the City Council call for a public hearing. October 1, 2007 City Council calls for a public hearing. October 2, 2007 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. October 2, 2007 Ehlers confirms with the City whether building permits have been issued on the property to be included in the TIF District. October 5, 2007 County receives TIF Plan for review for County Road impacts (45 days prior to public hearing). October 9, 2007 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 October 9, 2007] October 19, 2007 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax & mail on or before October 19, 2007] October 24, 2007 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Plans. October 24, 2007 Ehlers conducts internal review of the Plans. November 8, 2007 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Ehlers will e-mail notice & map to the St. Louis Park Sun Sailor on November 1, 2007 at sunlegals@acnpapers.com] November 19, 2007 EDA adopts a resolution approving the Plans. November 19, 2007 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 Duke Redevelopment Tax Increment Financing District and passes resolution approving the Plans. [Ehlers will email Council packet information to the City on November 12, 2007] _______, 2007 City authorizes Ehlers to request certification of the TIF District. _______, 2007 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. West End TIF District Subject Area Legend West End TIF District Redevelopment Area Prepared September 25, 2007 Prepared by the St. Louis Park Community Development Department ´0 0.6 1.20.3 Miles City of St. Louis Park Meeting Date: October 1, 2007 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: ParkWiFi Phase 1 Operations RECOMMENDED ACTION: City Council authorizes waiver of all subscriber fees for Phase 1 of ParkWiFi for the month September, 2007 and subscriber fees for the month of October 2007 for those customers not receiving stable and reliable service, and temporary suspension of service by sub-area in Phase 1 so that ARINC can make technical corrections in order to provide service per its contract with the City of St. Louis Park. POLICY CONSIDERATION: Maintaining credibility and treating Phase 1 subscribers fairly given the current state of the citywide wireless service. BACKGROUND: This action is recommended given the discussion on the status of this project at the City Council’s September 24 study session. Please note that for the month of October it may be possible that many if not all subscriber fees would need to be waived due to spotty or unreliable service. FINANCIAL OR BUDGET CONSIDERATION: This action contemplates the loss of two months revenue for Phase 1 subscribers in exchange for those same subscribers testing the new citywide network prior to provision of commercial grade service since the project is behind schedule. Staff feels the lost revenue is more than made up by dealing with subscribers in a fair and honest manner. VISION CONSIDERATION: None Attachment: None Prepared by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting Date: October 1, 2007 Agenda Item #: 4i 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: Special assessment for sewer service line repair at 5824 W. 39th Street RECOMMENDED ACTION: Motion to approve the attached resolution establishing a special assessment for the repair of the sewer service line at 5824 W. 39th Street. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Harvey Ginsberg and Judith Anderson, owners of the single family residence at 5824 W. 39th Street, have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $3,705.72. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: N/A Attachments: Resolution Prepared By: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved By: Tom Harmening, City Manager Meeting of October 1, 2007 – Item No. 4i Page 2 Subject: Sewer Service Line Repair at 5824 W 39th Street RESOLUTION NO. 07-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 5824 W. 39TH STREET, ST. LOUIS PARK, MN WHEREAS, the Property Owners at 5824 W. 39th Street have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 5824 W. 39th Street and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $3,705.72. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of the 20 year Treasury bill rate on November 1, 2007 plus 1%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council October 1, 2007 City Manager Mayor Attest: City Clerk Meeting Date: October 1, 2007 City Council Agenda Item #: 4j 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: Traffic Study No. 601 (Revised): Authorize parking restrictions at the Excelsior & Grand development. RECOMMENDED COUNCIL ACTION: Motion to adopt resolution authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, Monterey Drive, & Wolfe Parkway adjacent to the Excelsior & Grand development. POLICY CONSIDERATION: None BACKGROUND: In April of this year, staff brought a resolution before the Council to revise parking restrictions throughout Excelsior & Grand. Staff worked with the management and residents of Excelsior & Grand, staff from Hennepin County, the Police Department, and staff from Community Development and Traffic Departments to revise the parking restrictions. The parking restrictions were implemented and have been well-received. Recently, staff has been made aware that vehicles are being parked in areas that were not intended for parking, such as at bump outs and along narrow streets (through lanes) without parking bays. In order to enforce “No Parking” restrictions in these areas, a resolution must be adopted formally designating them as “No Parking” areas and the areas must then be signed for “No Parking”. Staff has revised the attached resolution and map to identify all the areas that are intended to be “No Parking” areas. Staff does not intend to install signs for all these areas, but only for those areas where there are problems with vehicles parking improperly at this time. The intent is to do the least amount of signing necessary to deal with the current parking problem. If additional problem areas appear, this resolution authorizes staff to simply install necessary “No Parking” signage without the need to revise this resolution again. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting this restriction is minimal and will come out of the general operating budget. VISION CONSIDERATION: N/A Attachment: Resolution Map Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Scott A. Brink, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 – Item No. 4j Page 2 Subject: Traffic Study No. 601 (Revised) – Excelsior & Grand Development RESOLUTION NO. 07-XXX RESOLUTION RESCINDING RESOLUTION NO. 07-046 AND AUTHORIZING PARKING RESTRICTIONS ON EXCELSIOR BOULEVARD, PARK COMMONS DRIVE, GRAND WAY WOLFE PARKWAY, MONTEREY DRIVE, MERIDIAN LANE AND PRINCETON LANE TRAFFIC STUDY NO. 601 (REVISED) WHEREAS, the City of St. Louis Park, Minnesota has studied and has determined that traffic controls are necessary at these locations, and WHEREAS, existing parking Resolution No. 07-046 currently prescribes traffic controls in this area which are no longer relevant. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 07-046 be rescinded. LET IT BE FURTHER RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: Excelsior Boulevard: 1. The first four (4) parking spaces west of Grand Way, on the north side, will be designated as a “No Parking/Loading Zone”. 2. The bump-outs on the north side of Excelsior Boulevard from Princeton Lane to Monterey Drive will be designated as “No Parking”. 3. All other parking spaces on the north side of Excelsior Boulevard from Princeton Lane to Monterey Drive will be designated as “One-Hour parking”. Park Commons Drive: 4. North side: a. “No Parking” from Princeton Lane on the west to Wolfe Parkway on the east. b. “One-Hour Parking” from Wolfe Parkway on the west to Grand Way on the east. c. The first five (5) parking stalls east of Grand Way will be designated “No Parking/Loading Zone”. d. “One-Hour Parking” from the loading zone on the west to Wolfe Parkway on the east. e. “No Parking” from Wolfe Parkway on the west to Monterey Drive on the east. 5. South side: a. “One-Hour Parking” in the parking bay west of Grand Way, except the three (3) parking stalls nearest the entrance to the parking ramp will be designated as a “No Parking/Loading Zone”; and, one (1) “Police Parking Only” space in the parking bay immediately east of the loading zone. b. “No Parking/Loading Zone” in the parking bay east of Grand Way. c. “No Parking” on the bump out areas at the entrances to the loading dock and parking ramp on the block immediately east of Grand Way. d. “No Parking” on the bump out areas at the entrance to the parking ramp on the block immediately west of Grand Way. e. “One-Hour Parking” in the parking bay immediately east of Meridian Lane. Meeting of October 1, 2007 – Item No. 4j Page 3 Subject: Traffic Study No. 601 (Revised) – Excelsior & Grand Development f. “No Parking” on the bump out area between the parking bay east of Meridian Lane and Monterey Avenue. 6. Roundabout: The roundabout shall be designated as “No Parking”. Meridian Lane: 7. West side: The first four (4) parking spaces north of Excelsior Boulevard will be designated as a “No Parking/Loading Zone”. 8. East side: The bump out area north of Excelsior Boulevard will be designated “No Parking/Loading Zone”. Princeton Lane: 9. The first four (4) parking spaces north of Excelsior Boulevard on the east side, will be designated as a “No Parking/Loading Zone”. Grand Way: 10. All parking spaces between Excelsior Boulevard and Park Commons Drive will be designated “30-Minute Parking”. 11. All parking spaces between Park Commons Drive and Wolfe Parkway will be designated “One-Hour Parking”. 12. The west side of the northbound lane of Grand Way will be designated “No Parking”. 13. The east side of the southbound portion of Grand Way will be designated “No Parking”. 14. The bump-out areas just north of Excelsior Boulevard will be designated “No Parking”. Wolfe Parkway: 15. All areas that are not parking bays will be designated as “No Parking”. Monterey Drive: 16. The west side of Monterey Drive between Excelsior Boulevard and Park Commons Drive will be designated as “No Parking”. Reviewed for Administration: Adopted by the City Council October 1, 2007 City Manager Mayor Attest: City Clerk Meeting Date: October 1, 2007 Agenda Item #: 4k 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: City Hall Storm Sewer Project – Project No. 2007-2500 RECOMMENDED ACTION: Motion to designate Kevitt Excavating, LLC the lowest responsible bidder and authorize execution of contract with the firm in the amount of $77,464.00 for the City Hall storm sewer project – Project No. 2007-2500. POLICY CONSIDERATION: N/A BACKGROUND: Bid Information: Bids were received Bids were received on September 20, 2007 for the City Hall Storm Sewer Project. This project includes installation of new storm sewer lines and catch basins to help prevent flooding problems in the lower level City Hall parking area. Part of the new storm sewer system will run beneath a portion of Carpenter Park. A total of seven (7) bids were received for this project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on September 6, 2007 and in the Construction Bulletin on September 3 and 10, 2007. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Kevitt Excavating, LLC $77,464.00 Dave Perkins Contracting, Inc. $77,571.00 G.F. Jedlicki, Inc. $78,957.95 G.L. Contracting, Inc. $79,956.52 Hennen Construction Company, Inc. $88,860.00 Northdale Construction Co., Inc. $98,345.86 Burschville Construction, Inc. $121,193.90 Engineer’s Estimate $109,168.50 Evaluation Of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends Kevitt Excavating, LLC. as the lowest responsible bidder. Kevitt Excavating is a reputable contractor that has worked for the city before and has successfully completed contracts. Construction Timeline: Construction is planned to begin in mid-October and should be completed by early November. FINANCIAL OR BUDGET CONSIDERATION: This project was identified in our CIP process with $150,000 in funding allowed for total project costs. VISION CONSIDERATION: N/A Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Scott Brink, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting Date: October 1, 2007 Agenda Item #: 4l MINUTES Housing Authority St. Louis Park City Hall, Westwood Room Wednesday, August 8, 2007 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Trinicia Hill, Anne Mavity, Judith Moore STAFF PRESENT: Shannon Bodnar, Jane Klesk, Michele Schnitker 1. Call to Order The meeting was called to order at 4:58 p.m. 2. Approval of Minutes for June 13, 2007 The Board minutes of June 13, 2007 were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Election of Officers Commissioner Moore moved to approve the current slate of officers as listed below, and Commissioner Mavity seconded the motion. The motion passed 5-0. Chair Catherine Courtney Vice Chair Steve Fillbrandt Secretary Anne Mavity b. Violence Against Women Policy Ms. Bodnar and Ms. Schnitker explained that the Violence Against Women Act Policy will be included in the Admission and Occupancy Policy for Public Housing and in the Admission Plan for Section 8 Housing. It will also be distributed to all HA staff, posted on the City and HA’s website in the near future, and be made available at City Hall and Hamilton House, as part of the Agency Plan document. Commissioner Fillbrandt moved to approve the Violence Against Women Act Policy, and Commissioner Moore seconded the motion. The motion passed 5-0. c. Annual Report – Mid Year Housing Activity Report Ms. Schnitker stated that the purpose of the Housing Activity Report is to provide the Housing Authority Board members with an update on 2007 housing activity and to provide background information for discussion related to foreclosures and affordability goals. Meeting of October 1, 2007 Page 2 Subject: Housing Authority Minutes of August 8, 2007 d. 2006 Vision St. Louis Park Recommendations and Strategic Directions for the City Ms. Schnitker provided the Commissioners with background on the process of recommitting to the 1995 Vision goals and identification of Challenging Possibilities for the future of St. Louis Park. Council has expressed support for moving ahead with Vision Recommendations, Strategic Directions – 18 Month Guide, and the Communications Plan for Vision. Staff will keep the Board informed with further updates on this initiative. e. PH Scattered Site Review Due to equipment malfunction Ms. Bodnar was unable to present the PH Scattered Site Review. 7. Communications from Executive Director a. Claims List August – 2007 b. Communications 1. Section 8 SEMAP Score Ms. Schnitker stated that the SEMAP score for fiscal year ended March 31, 2007 is 96%, with an overall performance rating of high. 2. Development Update 3. Monthly Report for September, 2007 4. Scattered Site Houses and Hamilton House (verbal report) 5. Draft Financial Statements – Report 6. Reminder – September HA meeting scheduled for September 19th due to conflict with Rosh Hashanah 8. Other 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Mavity seconded the motion. The motion passed 5-0. The meeting adjourned at 6:03 p.m. Respectfully submitted, Anne Mavity, Secretary Meeting Date: October 1, 2007 Agenda Item #: 4m OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 5, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Dennis Morris STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: July 11, July 18, and August 1, 2007 Commissioner Robertson made a motion to recommend approval of the July 11, July 18, and August 1, 2007 minutes. Commissioner Person seconded the motion, and the motion passed on a vote of 6-0. 3. Hearings A. Amendments to Zoning Ordinance and Zoning Map amending the Floodplain Overlay Zoning District Location: Floodplain along Minnehaha Creek between Oregon Avenue and Browndale Avenue Applicant: Barr Engineering/Park Nicollet-Methodist Hospital Case Nos. 07-38-Z and 07-39-ZA Ms. McMonigal, Planning and Zoning Supervisor, introduced the staff report. Scott Sobiech, Barr Engineering, presented background about the Federal Emergency Management Agency (FEMA) and the process of the study. Ms. McMonigal stated the recommended motion and introduced Mike Wyatt from the Minnehaha Creek Watershed District, Bob Reisselman and Duane Spiegle with Park Nicollet. She noted in the next year there will be a complete map change for the whole city, which would come before the Planning Commission. Commissioner Kramer noted the elevation going from 894 down to 890, was that clear information that put it at 890 or had things lowered themselves over the last number of years and has the flood plain been too big? Mr. Sobiech replied the information was very clear. The original flood plain was based on very conservative information. The flows that were estimated were done using regression equations, an equation developed for this Meeting of October 1, 2007 Page 2 Subject: Planning Commission Minutes September 5, 2007 region of the state. Since that time, the Watershed District had developed more detailed modeling. There are cross sections every 500 feet and it is much better topographic information. There is much more information about the operation of the Gray’s Bay dam and more historic information about flood levels on Lake Minnetonka. It all worked together to enhance the modeling to come up with the new flood levels. Commissioner Carper asked about the culverts and passageways that the stream passes under. In the 1980’s the Logan Street bridge acted as a dam because the water couldn’t pass underneath rapidly enough and it backed up into the neighborhood. Had that been accounted for here or what kind of situation exists with the passageway of the creek underneath roadways and are there plans to change that to allow the water to pass easier through that area and not back up and flood? Mr. Sobiech replied all of the crossings from the Gray’s Bay dam in Minnetonka to the Mississippi River have been incorporated into this modeling. He was not aware of plans in Minneapolis. Commissioner Carper indicated that he was more concerned about the passage of the creek and believed it appeared to pass under Excelsior Boulevard and also under Louisiana Avenue in that area. He was concerned about the under roadway passages and culverts that exist in terms of larger volumes of water coming through. Mr. Sobiech responded he was absolutely right to be concerned with those. Most crossings will act as a restriction point because if there is a large flood plain, as that volume of water goes through, it has to squeeze down to pass through the crossing. The existing culvert under Excelsior Blvd was what was modeled and does convey the 100- year flood without flooding Excelsior Blvd. Commissioner Timian asked if there was a plan to re-meander the creek in that area. Mr. Reisselman, Director of Engineering for Park Nicollet, replied they had been working with the Minnehaha Creek Watershed District on a funding agreement and easements and working with the City as well and would like to do that. The agreement was 99.9% done, but was not officially signed. It would be a good fit with their Cancer Center. The Engineers they hired were careful to design it to make sure they did not affect any flood plain changes or restrictions in the creek. Hennepin County was replacing the bridge at Excelsior and was being careful not to change the hydrology. Methodist Hospital and Park Nicollet weren’t changing the rules. They went to a FEMA public hearing in 2006 and saw some of the flood plains being lowered and thought that would fit their project. The hospital has 200,000 square feet at 891.5. They were proposing to add 20,000 square feet of the Cancer Center to that. Methodist Hospital will be better protected when they are done than it is today. Commissioner Person asked how much the 100-year flood plain was being reduced in percentage terms and could they assume that most of the other property owners were in favor of the change? Ms. McMonigal replied a public meeting was held in August and all affected property owners were notified. About 161 residents were invited and about six property owners attended. Mr. Sobiech indicated the elevation change went from elevation 894 down to elevation 890. It was probably being reduced by 30% near hospital, but it varied based on topography and how steep the channel banks or flood plain were. Meeting of October 1, 2007 Page 3 Subject: Planning Commission Minutes September 5, 2007 Mr. Reisselman commented in the original FEMA public hearing in 2006, they were proposing lowering it to 888.6. With their involvement in the Letter of Map Reduction (LOMR) and working with City staff to take a few more conservative assumptions and correct some errors in the original model, they actually raised it 1.3 feet. Commissioner Person asked about the cost of flood insurance. Ms. McMonigal replied she was unsure about the cost of the insurance, but the change allows Methodist Hospital to add on at a lower level and they could build differently based on that. The advantage for them was having the existing and new floor levels match each other. Mr. Reisselman added the building addition is on the same level as the hospital, rather than putting the addition on stilts. From an insurance standpoint, by being out of the flood plain, they could buy insurance less expensively and were also not capped. Insurance in the flood plain is very expensive and they were limited on how much they could get. He believed there were going to continue to buy flood insurance. Commissioner Carper stated he thought he had heard that currently the floodplain was 894, the hospital was at 891.5 and the proposed new flood plain was at 890, so they would be 1 ½ feet above the flood plain with the revision, but 2 ½ feet below the flood plain now. Mr. Reisselman replied that was correct. Commissioner Carper asked if they had ever had flooding. Mr. Reisselman replied the hospital had been there about 50 years and in the records they never had. They had researched that quite a bit and the City was concerned that there wasn’t flooding there. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson made a motion to recommend approval of the Comprehensive Plan Map and Zoning Map Amendments, subject to conditions recommended by staff. Commissioner Kramer seconded the motion, and the motion passed on a vote of 6-0. B. Amendment to Comprehensive Plan and Zoning Map Location: 3515 Beltline Boulevard (EDI Bass Lake site) Applicant: City of St. Louis Park Case Nos.: 07-42-CP and 07-43-Z Adam Fulton, Associate Planner, presented the staff report. Commissioner Timian asked if the clean up had already occurred. Mr. Fulton replied some had, but not a substantial amount. Commissioner Timian asked if there would be access to the Bass Lake Park through the site. Mr. Fulton said there would be access to the trail as it currently exists around Bass Lake. The proposal would provide an additional access that would go along the Meeting of October 1, 2007 Page 4 Subject: Planning Commission Minutes September 5, 2007 boundary of the wetland/lake area that would be more beneficial for trail users. The sidewalk would still be there. Ms. McMonigal believed it was intended to be shared, but this would be a pathway that would not be right on the busy roads. Commissioner Person asked what the future building on the City’s site would be. Mr. Fulton replied that had not yet been determined. The site would be largely prepared as part of this development, but it was unknown what would be constructed. Ms. McMonigal added the intent was to relocate two tennis courts on the site. Commissioner Kramer stated connectivity to the large bike trail and to the Rec Center was busy and crowded and asked what could be done simultaneously with this to make that better. Ms. McMonigal noted Commissioner Kramer’s comments for the updated sidewalk and trails plan that staff is currently working on. Commissioner Kramer asked if the trail they were talking about around Bass Lake is germane to this discussion and if it could be enhanced. Ms. McMonigal responded that there were no changes in the proposal to George Haun Trail in this project, with the exception of an additional connection around this site, so users could travel through the site. Mr. Fulton displayed the trails. Commissioner Carper asked if this was the only time action on this development would come before the Planning Commission. Mr. Fulton replied that staff anticipated the medical office building and structured parking would need a Planned Unit Development and that the application was expected on September 17th. The discussion at this meeting was only regarding the land use of the site. A more appropriate time to review the site plan would be when the Commission looked at the PUD. Ms. McMonigal added that the architect’s presentation would provide more information on the site plan. Commissioner Carper asked about how the City process worked entering into an agreement with a developer. Was this open for general bids? Greg Hunt, EDA Coordinator, responded in this case Park Nicollet approached the City about the site as location for its proposed Eating Disorders Institute. The City took that under advisement. The City would convey the property to the EDA. The EDA would then convey the property to the developer. The developer would subsequently sell the property to Park Nicollet upon completion. Commissioner Carper asked what if another entity was interested and how the City vends vacant land. Mr. Hunt replied that had there been another inquiry for this property that arose during the time Park Nicollet was considering the property, the City would have taken it under advisement and brought it to the Council’s attention. However, that was not the case. In terms of looking at the highest and best use of the property, staff consulted with a number of developers, had an appraisal done and was confident that the proposed land use was an appropriate one and the highest and best use for this particular property. Meeting of October 1, 2007 Page 5 Subject: Planning Commission Minutes September 5, 2007 Duane Spiegle, Park Nicollet, stated they were planning on building a 67,400 square foot Eating Disorders Institute that would serve patients throughout the state and country. He introduced the project architect. Bob Friddle, Ellerbe Becket Project Manager and architect, reviewed the plans for the project and parking structure. Any excavation done for the footings and foundation would be remediated and the site design was done so they would not be exporting material from the site. The path they were talking about now goes along the edge of the site and goes around a pond/storm water area. Another area is being designated for a potential future need for storm water drainage. Commissioner Kramer asked about the new road coming in off of Beltline and the two spaces on either side of the new street off of Monterey. Will they be developed in the future and what would they be if they are not developed? Mr. Hunt replied they would be graded and seeded and would have grass and trees along the boulevards. It is St. Louis Park property, not park. Kevin Locke, Director of Community Development, commented that the property south of the site for the Eating Disorders Institute would be retained by the City for future use. Some of the things that had been talked about were coming out of the Visioning process, such as the possibility of a sculpture park on the southwest corner. They have been working on the idea of an art corridor along West 36th and this was another terminus for West 36th from Wooddale to the Bass Lake site, which had also been discussed. On the southeast corner, there had been discussion about the possibility of building a community facility, which was part of why the parking structure was being built with the capability to add spaces. Commissioner Person suggested the use of rain gardens. Mr. Friddle commented that there is an area intended to have that kind of appearance and there is currently also a swale in another area. He provided more information on the eating disorder program, facility and landscaping. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson felt it was a nice change in use and a good proposal. Commissioner Robertson made a motion to recommend approval of the amendments to the Comprehensive Plan and Zoning Map. Meeting of October 1, 2007 Page 6 Subject: Planning Commission Minutes September 5, 2007 Commissioner Carper stated overall he liked the idea and felt there was good collaboration between the City and Park Nicollet, but was concerned about the parking ramp. The proposal was a traditional linear horizontal parking ramp with continuous presentation to the street. There was no effort to disguise the parking ramp. He wanted to see a more original parking lot façade. Commissioner Robertson indicated the issue before the Commission was Comprehensive Plan and rezoning and parking ramps should be part of the next conversation. Commissioner Carper understood that, but the architect and developer should be aware of the concerns and he was giving notice ahead of time. Commissioner Timian seconded the motion, and the motion passed on a vote of 6-0. 4. Other Business - None 5. Communications A. Tour – September 19 Ms. McMonigal reported that the tour is scheduled for 5:00 on September 19th. A public hearing is scheduled after the tour at 7:30 PM. Commissioner Carper reminded viewers of the farmer’s market at the Rec Center on Wednesdays from 3-7 PM. Commissioner Kramer asked about the Minnetonka Blvd. bridge. Businesses at Texa Tonka are anxious for the bridge to be finished. Ms. McMonigal replied she would look into it and send an e-mail to Commissioners. She said she thought it was scheduled to be completed in November. 6. Adjournment The meeting was adjourned 7:25 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: October 1, 2007 Agenda Item #: 4n 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 September 1 through September 21, 2007. 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: Darla Monson, Accountant 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 1Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 55.38TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 55.38 224.18STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEAAA LAMBERTS LANDSCAPE PRODUCT 224.18 40,993.89FINANCE G & A AUDITING AND ACCOUNTING SERVICABDO EICK & MEYERS LLP 40,993.89 68.74NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESABELSON, SHARON 68.74 295.57STORM WATER UTILITY G&A EQUIPMENT MTCE SERVICEABLE HOSE & RUBBER INC 295.57 378.00WIRELESS G & A OTHER CONTRACTUAL SERVICESACCESS COMMUNICATIONS INC 5,287.25NETWORK SUPPORT/SERVICES OFFICE EQUIPMENT 5,665.25 9,261.78FINANCE G & A GENERAL PROFESSIONAL SERVICESACCOUNTEMPS 9,261.78 10.75POLICE G & A OTHER CONTRACTUAL SERVICESACCURINT 10.75 1,190.00OPERATIONSTRAININGACS FIREHOUSE SOLUTIONS 1,190.00 6,711.78HUMAN RESOURCES RECRUITMENTAD STRATEGIES 6,711.78 302.80EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORPO 302.80 448.34SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 448.34 199.56GENERAL REPAIR TIRESAMERICAN TIRE DISTRIBUTORS 199.56 90.33GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 2Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 444.78PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 158.16PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 48.77ENTERPRISE G & A GENERAL SUPPLIES 137.22VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 202.47WATER UTILITY G&A OPERATIONAL SUPPLIES 202.48SEWER UTILITY G&A OPERATIONAL SUPPLIES 1,284.21 1,451.09PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 626.07POLICE G & A OFFICE SUPPLIES 2,077.16 6,129.45EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTANCOM COMMUNICATIONS INC 6,129.45 4,205.15PERMANENT MARKINGS OTHER IMPROVEMENT SUPPLIESANDERSEN, EARL INC 4,205.15 1,058.74REILLY G & A TRAVEL/MEETINGSANDERSON, SCOTT 1,058.74 2,437.50REILLY BUDGET GENERAL PROFESSIONAL SERVICESANGEL ENVIRONMENTAL MGMT 2,437.50 1,202.15GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYAPACHE GROUP OF MINNESOTA 227.27BUILDING MAINTENANCE GENERAL SUPPLIES 1,429.42 1,652.32GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYARAMARK UNIFORM CORP ACCTS 5.72ENTERPRISE G & A INTEREST/FINANCE CHARGES 1,658.04 225.00TECH & SUPPORT SERVICES G & A SUBSCRIPTIONS/MEMBERSHIPSARMA INTERNATIONAL 225.00 45.80GENERAL REPAIR EQUIPMENT PARTSASPEN EQUIPMENT CO 45.80 303.41SAFETY SERVICES SUBSCRIPTIONS/MEMBERSHIPSASPEN PUBLISHERS INC 303.41 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 3Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 90.00POLICE G & A FALSE ALARMASSOCIATED BANK 90.00 85.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSASTD 85.00 549.57GARAGE MTCE BUILDING MTCE SERVICEAUTOMATIC GARAGE DOOR CO 549.57 1,654.79REFORESTATIONLANDSCAPING MATERIALSBACHMANS 1,654.79 707.90NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESBAD ATTITUDE PRODUCTIONS 707.90 132.00GENERAL REPAIR GENERAL SUPPLIESBARNES DISTRIBUTION 132.00 402.40EMPLOYEE FLEX SPEND G&A TUITIONBARNES, PAUL 402.40 211.49TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEBARNETT, VINCENT 211.49 1,133.92PE DESIGN IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO 1,133.92 70.00ADULT PROGRAMS PROGRAM REVENUEBATES, JANIS 70.00 28.06OPERATIONSOPERATIONAL SUPPLIESBATTERIES PLUS 28.06 125.40WATER UTILITY G&A GENERAL CUSTOMERSBEDNARSKI, PIOTR 125.40 252.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESBERG, STEVE 252.00 4.70WATER UTILITY G&A GENERAL CUSTOMERSBERGMAN, CHERYL 4.70 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 4Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 6.00GROUP ADMINISTRATION PROGRAM REVENUEBIG LAKE KIDS CLUB 6.00 8,177.87SAMPLINGOTHER CONTRACTUAL SERVICESBLOOMINGTON, CITY OF 8,177.87 2.77WATER UTILITY G&A GENERAL CUSTOMERSBRANDT, JOOLS 2.77 264.52NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBROOKSIDE NEIGHBORHOOD ASSN 264.52 336.54SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESBROWN TRAFFIC PRODUCTS 336.54 232.26ALLEY MAINTENANCE OTHER IMPROVEMENT SUPPLIESBRYAN ROCK PRODUCTS INC 232.26 139.83WATER UTILITY G&A GENERAL CUSTOMERSBUCHAN, JENNIFER 139.83 153.94TREE INJECTION PUBLIC TREE INJECTIONSBUEIDE, DAVID 153.94 210.00AQUATIC PARK G & A TRAININGBULLARD, JIM 210.00 44,750.02WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDICALGON CARBON CORP 18,400.00OPERATIONSCLEANING/WASTE REMOVAL SUPPLY 63,150.02 645.00POLICE G & A RENTAL OTHERCALHOUN TOWERS APTS 645.00 6,642.22ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 196.00WIRELESS G & A LEGAL SERVICES 6,838.22 438.34PRINTING/REPRO SERVICES RENTAL EQUIPMENTCANON FINANCIAL SERVICES 438.34 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 5Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 1,739.16DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 1,739.16 875.00FINANCE G & A TRAININGCASTERLINE ASSOCIATES 875.00 2,911.17DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC 2,911.17 210.00AQUATIC PARK G & A TRAININGCEGLA, KATHRYN 210.00 183.66FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 339.04PARK MAINTENANCE G & A HEATING GAS 20.40WESTWOOD G & A HEATING GAS 42.58NATURALIST PROGRAMMER HEATING GAS 2,645.45WATER UTILITY G&A HEATING GAS 47.99REILLY G & A HEATING GAS 82.63SEWER UTILITY G&A HEATING GAS 3,361.75 723.33PRINTING/REPRO SERVICES OFFICE SUPPLIESCENTRAL ENVELOPE CORPORATION 723.33 8,391.75EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 8,391.75 544.53WATER UTILITY G&A OTHER IMPROVEMENT SERVICECERTIFIED PLUMBING INC 544.53 7.03ADMINISTRATION G & A MEETING EXPENSECITIZENS INDEPENDENT BANK 56.20HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 406.00HUMAN RESOURCES RECOGNITION 255.21COMM & MARKETING G & A TELEPHONE 375.00COMM & MARKETING G & A PRINTING & PUBLISHING 42.49OPERATIONSEMERGENCY PREPAREDNESS 1,016.61INSPECTIONS G & A TRAINING 726.03PUBLIC WORKS G & A MEETING EXPENSE 550.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 261.40ORGANIZED REC G & A SEMINARS/CONFERENCES/PRESENTAT 21.26VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 6Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 84.22VEHICLE MAINTENANCE G&A SMALL TOOLS 75.24GENERAL REPAIR EQUIPMENT PARTS 97.79BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES 740.00CABLE TV BUDGET SEMINARS/CONFERENCES/PRESENTAT 33.05CABLE TV G & A GENERAL SUPPLIES 686.79CABLE TV G & A OFFICE EQUIPMENT 525.00TELECOMMUNICATIONS COMMISSION SEMINARS/CONFERENCES/PRESENTAT 187.22TV PRODUCTION GENERAL SUPPLIES 6,146.54 1,937.50COMMUNICATION & MARKETING BUDG OTHER CONTRACTUAL SERVICESCITY IMAGE COMMUNICATIONS 750.00COMM & MARKETING G & A PRINTING & PUBLISHING 2,687.50 159.75PLAYGROUND EQUIPMENT MAINTENAN GENERAL SUPPLIESCLEARWATER RECREATION 159.75 19,323.02ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 19,323.02 495.00VOICE SYSTEM MTCE EQUIPMENT MTCE SERVICECOLLINS COMMUNICATIONS 495.00 219.90NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST 219.90 850.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESCONNEXUS ENERGY 850.00 222.65POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 25.60POLICE G & A TRAVEL/MEETINGS 927.92OPERATIONSBLDG/STRUCTURE SUPPLIES 1,176.17 1,563.91SEWER UTILITY G&A EQUIPMENT PARTSCUES 1,563.91 323.71SEWER UTILITY G&A EQUIPMENT MTCE SERVICECUMMINS NPOWER LLC 323.71 1,933.51SSD 1 G&A OTHER CONTRACTUAL SERVICESCUSTOM PRODUCTS & SERVICES 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 7Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 1,820.62SSD 2 G&A OTHER CONTRACTUAL SERVICES 775.85SSD 3 G&A OTHER CONTRACTUAL SERVICES 4,529.98 762.55POLICE G & A RENTAL EQUIPMENTDELAGE LANDEN FINANCIAL SERVIC 762.55 4,684.14INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 4,684.14 84.34COMMUNICATION & MARKETING BUDG OTHER CONTRACTUAL SERVICESDESIGNWRITE STUDIOS 84.34 191.50ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 191.50 5,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 5,000.00 21,434.09POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 194.94NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 21,629.03 61.03GENERAL REPAIR EQUIPMENT PARTSDOUG'S POWER EQUIPMENT INC 61.03 1,544.67CIP PROJECTS BUILDING MTCE SERVICEDYMANYK ELECTRIC INC 272.78DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT 1,817.45 517.00CABLE TV G & A GENERAL PROFESSIONAL SERVICESECHO NEWSPAPER 517.00 3,009.17SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 3,009.17 7,342.11PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVESEGAN OIL CO 7,342.11 4,780.002005A GO CAPITAL PROJECT G&A OTHER CONTRACTUAL 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COMPANY 72.50WATER UTILITY G&A OPERATIONAL SUPPLIES 393.16CONSTRUCTION MATERIAL GENERAL SUPPLIES 472.31 147.44ASSESSING G & A MILEAGE-PERSONAL CARFECHNER, MARTY 147.44 26.30ADMINISTRATION G & A LEGAL SERVICESFEDERAL EXPRESS CORP 93.532005A GO CAPITAL PROJECT G&A IMPROVEMENTS OTHER THAN BUILDI 58.07REILLY BUDGET POSTAGE 177.90 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 9Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 37.46POLICE G & A POSTAGEFEDEX 30.00WIRELESS G & A INFRASTRUCTURE 67.46 520.14ICE RESURFACER MOTOR FUELSFERRELLGAS 520.14 51.50VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICEFIRST STATE TIRE RECYCLING 51.50 1,317.91WATER UTILITY G&A GENERAL CUSTOMERSFIRSTCAL INDUSTRIAL ACQ LLC 1,317.91 200.00NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESFLANNIGAN, JANE 200.00 23.00GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESFLOYD TOTAL SECURITY 23.00 4,005.99BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFMS TECHNICAL GROUP INC 4,005.99 65.90GENERAL REPAIR EQUIPMENT PARTSFORCE AMERICA INC 65.90 106.67TRAININGTRAININGFORKLIFTS OF MN INC. 194.08TRAININGTRAINING 157.67PARK MAINTENANCE G & A TRAINING 235.18VEHICLE MAINTENANCE G&A TRAINING 356.40SEWER UTILITY G&A TRAINING 1,050.00 333.33ADMINISTRATION G & A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 333.33 4,912.60PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESFRIEDGES LANDSCAPING INC 4,912.60 12.00COMM DEV PLANNING G & A MEETING EXPENSEFULTON, ADAM 45.59COMM DEV PLANNING G & A MILEAGE-PERSONAL CAR 57.59 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 10Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 76.34WATER UTILITY G&A GENERAL CUSTOMERSGEORGE, WALLACE 76.34 986.00LOCATESOTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 986.00 168.45-GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAINGER INC, WW 92.27SEWER UTILITY G&A GENERAL SUPPLIES 172.33CONSTRUCTION MATERIAL GENERAL SUPPLIES 96.15 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154.00KICKBALLOTHER CONTRACTUAL SERVICES 198.00 1,150.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESJUST-RITE CONSTRUCTION INC 1,150.00 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 15Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 4,257.00ESCROWSBass Lake/EDI/UPKENNEDY & GRAVEN 441.00ESCROWS 763.09HOUSING REHAB G & A LEGAL SERVICES 5,461.09 40.00WATER UTILITY G&A GENERAL CUSTOMERSKHAYR, SHARO 40.00 48.00VEHICLE MAINTENANCE G&A GENERAL SUPPLIESKLEEN TEC INC 48.00 2,500.00ESCROWSPMC ESCROWKLEMENT, MICHAEL 2,500.00 2,900.00CE INSPECTION OTHER CONTRACTUAL SERVICESKLM ENGINEERING INC. 2,900.00 174.00GENERAL REPAIR EQUIPMENT PARTSKOVATCH MOBILE EQUIPMENT CORP 174.00 100,195.36CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIKRAEMER & SONS INC, EDWARD 100,195.36 100.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEKRINGLEE, JAMES 100.00 190.44BLDG/GROUNDS OPS & MAINT EQUIPMENT MTCE SERVICEKRUGE-AIR INC 190.44 170.40NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESLAKE FOREST NEIGHBORHOOD ASSOC 170.40 425.35WIRELESS G & A MILEAGE-PERSONAL CARLANDIS, FRANK 425.35 112.41ELECTRICAL SYSTEM MTCE BLDG/STRUCTURE SUPPLIESLARSON, JH CO 3,251.88SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 3,364.29 58.00POLICE G & A POLICE EQUIPMENTLASER LABS INC 58.00 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 16Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 143.78POLICE G & A EQUIPMENT MTCE SERVICELASER TECHNOLOGY INC 143.78 21,897.00ADMINISTRATION BUDGET SUBSCRIPTIONS/MEMBERSHIPSLEAGUE OF MN CITIES 10.00PARK MAINTENANCE G & A TRAINING 21,907.00 7,684.14UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE 7,684.14 10.00KICKBALLPROGRAM REVENUELEJCHER, LAURA 10.00 2,576.24HUMAN RESOURCES RECOGNITIONLOOKOUT BAR & GRILL 2,576.24 556.65GENERAL REPAIR EQUIPMENT PARTSMACQUEEN EQUIP CO 556.65 1,830.00TELECOMMUNICATIONS COMMISSION 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LUMBER CO. 12,642.55PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 12,658.79 388.14EMPLOYEE FLEX SPEND G&A TUITIONSCHLEGEL, EVA 388.14 255.54WATER UTILITY G&A GENERAL CUSTOMERSSCHNEIDER, MICHAEL 255.54 750.00ESCROWSPMC ESCROWSCHNITKER, KEN 750.00 76.49INSPECTIONS G & A GENERAL SUPPLIESSCHWAAB INC 76.49 2,986.00CONSTRUCTION MATERIAL GENERAL SUPPLIESSEELYE CRAFTSMEN CO 13,932.03WIRELESS G & A INFRASTRUCTURE 16,918.03 300.00HALLOWEEN PARTY OTHER CONTRACTUAL SERVICESSEIFERT, JIM 300.00 8,800.00SAMPLINGOTHER CONTRACTUAL SERVICESSEVERN TRENT LABS INC 8,800.00 162.00ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH 162.00 10.54ADMINISTRATION G & A OFFICE SUPPLIESSONGLE, LISA 83.40HUMAN RESOURCES TRAINING REVENUE 93.94 103.50WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSPS COMPANIES INC 13.27SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 116.77 126.91PREVENTATIVE MAINTENANCE EQUIPMENT PARTSST JOSEPH'S EQUIPMENT INC 126.91 30.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSST LOUIS PARK HIGH SCHOOL 30.00 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 25Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 648.00SUMMER GRADE 6-8 OTHER CONTRACTUAL SERVICESST LOUIS PARK TRANSP INC 648.00 60.84ADMINISTRATION G & A LONG TERM DISABILITYSTANDARD INSURANCE COMPANY, TH 53.10HUMAN RESOURCES LONG TERM DISABILITY 14.16COMM & MARKETING G & A LONG TERM DISABILITY 40.67TECH & SUPPORT SERVICES G & A LONG TERM DISABILITY 18.76ASSESSING G & A LONG TERM DISABILITY 52.00FINANCE G & A LONG TERM DISABILITY 112.29COMM DEV G & A LONG TERM DISABILITY 17.64FACILITIES MCTE G & A LONG TERM DISABILITY 121.80POLICE G & A LONG TERM DISABILITY 77.37OPERATIONSLONG TERM DISABILITY 74.62INSPECTIONS G & A LONG TERM DISABILITY 44.05PUBLIC WORKS G & A LONG TERM DISABILITY 55.35ENGINEERING G & A LONG TERM DISABILITY 20.56PUBLIC WORKS OPS G & A LONG TERM DISABILITY 81.57ORGANIZED REC G & A LONG TERM DISABILITY 20.56PARK MAINTENANCE G & A LONG TERM DISABILITY 17.15ENVIRONMENTAL G & A LONG TERM DISABILITY 17.15WESTWOOD G & A LONG TERM DISABILITY 18.12REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY 17.64VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 16.66HOUSING REHAB G & A LONG TERM DISABILITY 20.57WATER UTILITY G&A LONG TERM DISABILITY 1,963.29EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY 2,935.92 112.58POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSSTAR TRIBUNE 112.58 160.08BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSTATE SUPPLY CO 160.08 408.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESSTEFANACCI, TOM 408.00 263.49RANGEOPERATIONAL SUPPLIESSTREICHER'S 117.14ERUOPERATIONAL SUPPLIES 54.24VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 434.87 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 26Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 168.45WESTWOOD G & A GENERAL SUPPLIESSUBURBAN FEED & SUPPLY 168.45 470.12ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 470.12 182.12NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESSWANK MOTION PICTURES INC 182.12 541.17PREVENTATIVE MAINTENANCE EQUIPMENT PARTSSWEENEY BROS 541.17 63.01SEASONAL PROGRAMS GENERAL SUPPLIESTARGET BANK 130.96SUMMER GRADE 6-8 GENERAL SUPPLIES 228.44THE WESTWOOD CREW GENERAL SUPPLIES 422.41 190.00TRAININGTRAININGTCALMC 190.00 355.40ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 355.40 212.34PE DESIGN IMPROVEMENTS OTHER THAN BUILDITKDA 212.34 1,142.20WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESTONKA EQUIPMENT CO 1,142.20 40,595.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTOWN & COUNTRY FENCE INC 40,595.00 70.00ADULT PROGRAMS PROGRAM REVENUETRAHAN, SUSAN 70.00 93.72PATCHING-PERMANENT EQUIPMENT PARTSTRI STATE BOBCAT 93.72 83.19GROUNDS MTCE GENERAL SUPPLIESTRUGREEN CHEMLAWN 83.19 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 27Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 1,434.68MOWINGOTHER CONTRACTUAL SERVICESTRUGREEN LANDCARE 227.50WIRELESS G & A GENERAL SUPPLIES 1,662.18 862.65GENERAL REPAIR EQUIPMENT PARTSTURFWERKS LLC 862.65 116.94PARK BUILDING MAINTENANCE GENERAL SUPPLIESTWIN CITY HARDWARE 116.94 7.60BUILDING MAINTENANCE GENERAL SUPPLIESTWIN CITY OXYGEN CO 36.83GENERAL REPAIR GENERAL SUPPLIES 44.43 723.58POLICE G & A EQUIPMENT MTCE SERVICEUHL CO INC 172.25COMMUNICATIONS/GV REIMBURSEABL POLICE EQUIPMENT 333.91COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICE 1,229.74 277.35OPERATIONSOPERATIONAL SUPPLIESUNIFORMS UNLIMITED 277.35 1,777.23GENERAL FUND BALANCE SHEET CLEARING ACCOUNTUNITED PROPERTIES 1,777.23 203.18TRAFFIC CONTROL OTHER CONTRACTUAL SERVICESUNITED RENTALS HIGHWAY TECHNOL 203.18 160.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 160.00 256.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 256.00 20.14WATER UTILITY G&A GENERAL CUSTOMERSUNIVERSITY OF ALASKA 20.14 30.00SUPERVISORYTRAININGUNIVERSITY OF LOUISVILLE 30.00 150.00TREE DISEASE PUBLIC OFFICE SUPPLIESUNIVERSITY OF MINNESOTA 150.00 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 28Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 50.00TRAININGTRAININGUNIVERSITY OF MINNESOTA REGIST 50.00TRAININGSEMINARS/CONFERENCES/PRESENTAT 100.00 330.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS 330.00 457.13TREE INJECTION PUBLIC TREE INJECTIONSVARGAS, GREG 457.13 29.10ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 29.10 1,438.35DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSVERIZON WIRELESS 1,348.76FACILITY OPERATIONS TELEPHONE 129.13POLICE G & A TELEPHONE 2,916.24 170.00COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICEVIDEOTRONIX INC 170.00 195.82DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIESVIKING ELECTRIC SUPPLY 195.82 79.31TREE MAINTENANCE GENERAL SUPPLIESVIKING INDUSTRIAL CTR 79.31 77.41ACCIDENT REPAIR EQUIPMENT PARTSWALSER CHRYSLER JEEP 77.41 66,015.00SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICEWASTE MANAGEMENT 31,540.50SOLID WASTE COLLECTIONS RECYCLING SERVICE 14,547.75SOLID WASTE COLLECTIONS YARD WASTE SERVICE 29,406.96SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 11,235.83SOLID WASTE DISPOSAL YARD WASTE SERVICE 152,746.04 169.40GRANTSCLEANING/WASTE REMOVAL SUPPLYWASTE MANAGEMENT-SAVAGE 357.66PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 649.61PARK IMPROVE CAPITAL PROJECT GARBAGE/REFUSE SERVICE 1,176.67 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 29Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 338.80WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 338.80 1,239.08CONCESSIONSCONCESSION SUPPLIESWATSON CO INC 1,239.08 83.83GENERAL REPAIR EQUIPMENT PARTSWAYTEK 83.83 1,085.23WATER UTILITY G&A EQUIPMENT MTCE SERVICEWEBER ELECTRIC 1,085.23 32.37WATER UTILITY G&A GENERAL CUSTOMERSWEBER, JIM 32.37 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESWHIPPS, MATTHEW 96.00 1,800.00PUBLIC WORKS G & A TRAININGWHITE, PERRY 1,579.68PUBLIC WORKS G & A TRAVEL/MEETINGS 3,379.68 939.00EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE 939.00 11,245.99FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 20.22OPERATIONSELECTRIC SERVICE 47,726.53PUBLIC WORKS OPS G & A ELECTRIC SERVICE 4,729.86PARK MAINTENANCE G & A ELECTRIC SERVICE 167.34PARK BUILDING MAINTENANCE ELECTRIC SERVICE 22.31BRICK HOUSE (1324)ELECTRIC SERVICE 117.81WW RENTAL HOUSE (1322)ELECTRIC SERVICE 405.43WESTWOOD G & A ELECTRIC SERVICE 794.13WATER UTILITY G&A ELECTRIC SERVICE 38,422.86OPERATIONSELECTRIC SERVICE 1,646.29OPERATIONSELECTRIC SERVICE 3,143.16OPERATIONSELECTRIC SERVICE 1,750.15OPERATIONSELECTRIC SERVICE 352.20WIRELESS G & A OTHER CONTRACTUAL SERVICES 110,544.28 09/26/2007CITY OF ST LOUIS PARK 12:30:19R55CKSUM LOG23000VO 30Page -Council Check Summary 09/21/2007 -09/01/2007 Vendor AmountBusiness Unit Object 240.94BUILDING MAINTENANCE GENERAL SUPPLIESZEE MEDICAL SERVICE 137.04AQUATIC PARK G & A GENERAL SUPPLIES 377.98 8.43GENERAL REPAIR EQUIPMENT PARTSZIEGLER INC 8.43 10,000.00ESCROWSPMC ESCROWZUCKER, ANTHONY 10,000.00 Report Totals 2,015,248.90 Meeting Date: October 1, 2007 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: Park Nicollet Health Services Bond Issuance Approval RECOMMENDED ACTION: Conduct the public hearing and adopt the attached resolution authorizing the sale of up to $107 million in revenue bonds for the Cancer Center/Orange Lot and Eating Disorders Institute projects. POLICY CONSIDERATION: This action is consistent with our approved policy for issuing private activity revenue bonds. BACKGROUND: Park Nicollet Health Services (PNHS) has requested that the City of St. Louis Park issue private activity revenue bonds for two separate projects: the Cancer Center and Orange Lot parking ramp, and the Eating Disorders Institute. These projects were noticed separately because two distinct financings were planned based on Park Nicollet’s ability to obtain bond insurance through Ambac for only a limited amount of coverage. The Cancer Center and Orange Lot were to be financed through a bond issue with Morgan Stanley. The Eating Disorder Institute was to be financed through private placement notes with Wells Fargo Investment Services. Since those notices were published Park Nicollet has been able to secure additional bond insurance capacity. They have decided to use that additional capacity and issue only one bond series (the 2007B Bonds) with Morgan Stanley to finance both projects. This Public Hearing will incorporate both public hearings that were noticed in the city’s official newspaper. Please note that this approval is contingent upon the city receiving a modified flood plain map in the form of FEMA’s Letter of Map Revision (LOMR). Without that amendment to our flood plain, the Cancer Center may not be built as currently envisioned. FINANCIAL OR BUDGET CONSIDERATION: These bonds are not obligations of the city in any respect. They are payable solely from revenues of the Obligated Group (Park Nicollet Clinic, Methodist Hospital and other wholly owned entities of Park Nicollet Health Services). PNHS will pay a fee of 1/8th of one percent (in two semi-annual payments) to the city on any bonds outstanding each year. These monies will be deposited in the city’s Housing Rehabilitation fund. Meeting of October 1, 2007 Page 2 Subject: Park Nicollet Health Services Bond Approval VISION CONSIDERATION: N/A Attachments: Resolution Letter from Kennedy & Graven Letter from Park Nicollet Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 3 Subject: Park Nicollet Health Services Bond Approval CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 07-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS HEALTH CARE FACILITIES REVENUE BONDS (PARK NICOLLET HEALTH CARE SERVICES), SERIES 2007B, FOR THE BENEFIT OF PARK NICOLLET HEALTH SERVICES, PARK NICOLLET METHODIST HOSPITAL, PARK NICOLLET INSTITUTE, PARK NICOLLET CLINIC, PNMC HOLDINGS, AND PARK NICOLLET HEALTH CARE PRODUCTS; PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE BOND INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE BONDS AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE REVENUE BONDS WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), the City is authorized to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Act as including any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and WHEREAS, Park Nicollet Health Services, a Minnesota nonprofit corporation, Park Nicollet Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota association that has elected to be treated as a nonprofit corporation, PNMC Holdings, a Minnesota nonprofit corporation, and Park Nicollet Health Care Products, a Minnesota nonprofit corporation (collectively, the “Obligated Group”), have submitted applications to the City requesting the issuance by the City of its Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2007-B1 and its Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2007B-2, in the approximate aggregate principal amount not to exceed $107,000,000 (collectively, the “Series 2007B Bonds”), for the following purposes: (a) the financing of (i) the acquisition, construction, and equipping of an approximately 26,000 square foot building to house the Obligated Group’s Cancer Center to be located at 6490 Excelsior Boulevard in the City, (ii) the acquisition, construction, and equipping of a new parking ramp which will include approximately 1,700 parking stalls adjacent to the Cancer Center, (iii) the redesign and renovation of the emergency Meeting of October 1, 2007 Page 4 Subject: Park Nicollet Health Services Bond Approval center at Methodist Hospital located at 6500 Excelsior Boulevard in the City, (iv) construction and equipping of a new common entrance to Methodist Hospital, the Meadowbrook Building, and the new Cancer Center, and (v) financing the acquisition, construction, and equipping of an approximately 67,000 square foot Eating Disorders Institute, including a parking facility with an estimated 220 parking stalls, to be located at 3515 Belt Line Boulevard in the City (collectively, the “Project”); and (b) the payment of a premium for the bond insurance securing the Series 2007B Bonds, payment of interest on the Series 2007B Bonds during construction of the Project (provided that if the Obligated Group has entered into a Swap Agreement with respect to the Series 2007B Bonds, then to the required payment under such Swap Agreement), and the payment of the costs of issuance of the Series 2007B Bonds; and WHEREAS, pursuant to Section 469.154, subdivision 4, of the Act, prior to submitting an application to the Minnesota Department of Employment and Economic Development (“DEED”) for approval of the Project, the City Council of the City must conduct a public hearing on the proposal to undertake and finance the Project and notice of the time and place of the hearing and stating the general nature of the Project and the estimate of the principal amount of bonds or other obligations to be issued to finance the Project must be published at least once not less than fourteen (14) days, nor more than thirty (30) days prior to the date fixed for the hearing in the official newspaper and a newspaper of general circulation of the City; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations promulgated thereunder, requires that prior to the issuance of bonds, this Council approve the bonds after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation at least fourteen (14) days prior to the public hearing date; and WHEREAS, pursuant to the Act and the Code, a notice of public hearing in the form required by the Act and Section 147(f) of the Code was published in the St. Louis Park Sun Sailor and also published in the Star Tribune at least fourteen days prior to the date hereof; and WHEREAS, on the date hereof, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of the Series 2007B Bonds; and WHEREAS, the Series 2007B Bonds to be issued to finance the Project will be issued under a Bond Trust Indenture, dated on or after October 1, 2007 (the “Bond Indenture”), between the City and Wells Fargo Bank, National Association, as trustee (the “Bond Trustee”); and WHEREAS, the proceeds derived from the sale of the Series 2007B Bonds will be loaned to the Obligated Group pursuant to the terms of a Loan Agreement, dated on or after October 1, 2007 (the “Loan Agreement”), between the Obligated Group and the City, and will be applied in accordance with the terms of the Loan Agreement and the Bond Indenture, together with other available funds of the Obligated Group, to the acquisition, construction, and equipping of the Project, the payment of interest during construction of the Project, and the payment of certain expenses incurred in connection with the issuance of the Bonds; and Meeting of October 1, 2007 Page 5 Subject: Park Nicollet Health Services Bond Approval WHEREAS, in consideration of the loan by the City of the proceeds of the Series 2007B Bonds to the Obligated Group and to secure the payment of the principal of, premium, if any, and interest on the Series 2007B Bonds when due, the Obligated Group will issue an obligation (the “Series 2007B Obligation”) to the City pursuant to a Supplemental Indenture, dated on or after October 1, 2007 (the “Supplemental Indenture”), to a Master Trust Indenture (the “Master Indenture”), between the Obligated Group and Wells Fargo Bank, National Association, as master trustee (the “Master Trustee”), which will be in the same aggregate principal amount and bear interest at the same rates as the Series 2007B Bonds, will have redemption provisions corresponding to those of the Series 2007B Bonds, and will be payable in installments equal to the maturities and mandatory redemptions of the Series 2007B Bonds; and WHEREAS, the loan repayments required to be made by the Obligated Group under the terms of the Loan Agreement will be assigned to the Bond Trustee under the terms of the Bond Indenture and the Series 2007B Obligation will be assigned by the City to the Bond Trustee under the terms of the Bond Indenture; and WHEREAS, the regularly scheduled payment of the principal of and interest on all or a portion of the Series 2007B Bonds will initially be guaranteed by a financial guaranty insurance policy (the “Bond Insurance Policy”) proposed to be issued by Ambac Assurance Corporation (the “Bond Insurer”), concurrently with the issuance of the Series 2007B Bonds; and WHEREAS, payment of the principal of and interest on all or a portion of the Series 2007B Bonds that are tendered for purchase by the owners of such bonds and not remarketed are payable from amounts available under a Standby Bond Purchase Agreement, dated on or after October 1, 2007 (the “Standby Bond Purchase Agreement”), between the Obligated Group, the Bond Trustee, and Wells Fargo Bank, National Association (the “Bank”); and WHEREAS, the Series 2007B Bonds and the interest and any premium on the Series 2007B Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Project and the Loan Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that: (i) the issuance of the Series 2007B Bonds is authorized by the Act; (ii) the application of the proceeds of the Series 2007B Bonds to the acquisition, construction, and equipping of the Project, the payment of interest due on the Bonds during construction of the Project, and the payment of certain expenses incurred in connection with the issuance of the Bonds is consistent with and furthers the purposes of the Act; and (iii) the facilities financed with the proceeds of the Series 2007B Bonds constitute a “project” within the meaning of Section 469.153, subdivision 2(b) and (d), of the Act. Meeting of October 1, 2007 Page 6 Subject: Park Nicollet Health Services Bond Approval 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Series 2007B Bonds in one or more series in the approximate aggregate principal amount of $107,000,000, subject to the approval of the Project by the DEED as required by the Act. The Series 2007B Bonds shall initially bear interest at variable rates established on such dates and in accordance with the terms of the Bond Indenture and may be converted to fixed rates pursuant to the Bond Indenture. The Series 2007B Bonds shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Bond Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2007B Bonds to be issued as “tax-exempt bonds” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. All of the provisions of the Series 2007B Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2007B Bonds shall be substantially in the form set forth in the Bond Indenture, which form are hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the name of the Series 2007B Bonds, the aggregate principal amount of the Series 2007B Bonds, the stated maturities of the Series 2007B Bonds and the maturity dates of the Series 2007B Bonds, the initial interest rates on the Series 2007B Bonds and the terms for determining the variable rates or the fixed rates on the Series 2007B Bonds, and the terms of optional and mandatory redemption of the Series 2007B Bonds) as the Mayor of the City and the City Manager of the City (the “Mayor” and “City Manager”), in their discretion, shall determine. The execution of the Series 2007B Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2007B Bonds by the City shall be conclusive evidence of such determination. 3. In accordance with Section 469.154 of the Act, the City Manager of the City is hereby authorized and directed to submit the proposal for the Project to DEED. The City Manager and other officers, employees and agents of the City are hereby authorized to provide DEED with any preliminary information needed for this purpose, and the City Manager is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved. 4. The Series 2007B Bonds shall be special limited obligations of the City the proceeds of which shall be disbursed pursuant to the terms of the Bond Indenture and the Loan Agreement, and the principal, premium, and interest on the Series 2007B Bonds shall be payable solely from the proceeds of the Series 2007B Bonds, the revenues derived from the Obligated Group pursuant to the terms of the Loan Agreement and the Series 2007B Obligation, and other funds pledged pursuant to the Bond Indenture. The Series 2007B Bonds will also be secured by the Bond Insurer pursuant to the terms of the Bond Insurance Policy. 5. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Bond Indenture, and to deliver to the Bond Trustee the Bond Indenture, and hereby authorizes and directs the execution of the Series 2007B Bonds in accordance with the terms of the Bond Indenture, and hereby provides that the Bond Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Series 2007B Bonds, the City and the Bond Trustee as set forth therein. Meeting of October 1, 2007 Page 7 Subject: Park Nicollet Health Services Bond Approval All of the provisions of the Bond Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Loan Agreement, the Bond Purchase Agreement, dated on or after October 1, 2007 (the “Series 2007-B1 Bond Purchase Agreement”), between Morgan Stanley & Co. Incorporated (the “Series 2007B-1 Underwriter”), the City, and the Obligated Group, and the Bond Purchase Agreement, dated on or after October 1, 2007 (the “Series 2007B-2 Bond Purchase Agreement”), between Wells Fargo Brokerage Services, LLC (the “Series 2007B-2 Underwriter”), the City, and the Obligated Group. All of the provisions of the Loan Agreement, the Series 2007B-1 Bond Purchase Agreement, and the Series 2007B-2 Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, the Series 2007B-1 Bond Purchase Agreement, and the Series 2007B-2 Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 7. The Bond Trustee is hereby appointed as the initial Paying Agent, Bond Registrar, and Tender Agent with respect to the Series 2007B Bonds. 8. The proceeds of the Series 2007B Bonds shall be disbursed for the payment of the costs of the Project in accordance with the terms of the Bond Indenture and the Loan Agreement. 9. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Series 2007B Bonds, including a General Certificate of the City, an Endorsement to the Borrower’s Tax Certificate, an Information Return for Tax-Exempt Private Activity Bond Issues, Internal Revenue Service Form 8038 (Rev. January 2002), and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Series 2007B Bonds. The City hereby approves the execution and delivery by the Bond Trustee of the Bond Indenture, the Standby Bond Purchase Agreement, the Tax Exemption Agreement, dated on or after October 1, 2007, between the Obligated Group and the Bond Trustee, and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Series 2007B Bonds that require execution by the Bond Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Series 2007B Bonds. Meeting of October 1, 2007 Page 8 Subject: Park Nicollet Health Services Bond Approval 10. The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Series 2007B Bonds (the “Official Statement”), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Series 2007B Bonds of the Official Statement. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Series 2007B Bonds. The City hereby approves the Continuing Disclosure Agreement, dated on or after October 1, 2007 (the “Continuing Disclosure Agreement”), to be executed and delivered by the Obligated Group and the Bond Trustee, in the form now on file with the City. 11. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council of the City nor any officer or employee executing the Series 2007B Bonds shall be liable personally on the Series 2007B Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Series 2007B Bonds or in any other document relating to the Series 2007B Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement and the Series 2007B Obligation which are to be applied to the payment of the Series 2007B Bonds, as provided therein and in the Bond Indenture. 12. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Series 2007B Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Series 2007B Bonds issued under the provisions of this resolution. Meeting of October 1, 2007 Page 9 Subject: Park Nicollet Health Services Bond Approval 13. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4 hereof, or of the aforementioned documents, or of the Series 2007B Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Series 2007B Bonds, but this resolution, the aforementioned documents, and the Series 2007B Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 14. The Series 2007B Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Series 2007B Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Series 2007B Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 15. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Series 2007B Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Series 2007B Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any person delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. 16. The City understands that the Obligated Group will pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Series 2007B Bonds are issued. 17. The City acknowledges that the Obligated Group may enter into an interest rate swap agreement with respect to the Series 2007B Bonds. The City hereby authorizes such interest rate swap agreement with the understanding that the interest rate swap agreement does not affect or alter the obligations of the Obligated Group pursuant to the Loan Agreement or the Series 2007B Obligation and with the further understanding that neither the City nor the owners of the Series 2007B Bonds shall have any rights or obligations under the interest rate swap agreement. 18. Notwithstanding anything to the contrary herein, the Series 2007B bonds shall not be issued until the City has adopted an Ordinance Amending the St. Louis Park Ordinance Code Changing Boundaries of Zoning Districts, which changes the flood plain designation of the land upon which the Project will be built. Meeting of October 1, 2007 Page 10 Subject: Park Nicollet Health Services Bond Approval 19. This resolution shall be in full force and effect from and after its passage. Reviewed for Administration: Adopted by the City Council October 1, 2007 City Manager Mayor Attest: City Clerk Meeting Date: 10/1/07 Agenda Item #: 6b 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 to Consider Ordinance modifying Compensation of the Mayor and Resolution reducing salary for the Economic Development Authority President. RECOMMENDED ACTION: Mayor to close public hearing. 1) Motion to approve the first reading of the ordinance modifying compensation for the Mayor, and set second reading for October 15, 2007. 2) Motion to adopt a resolution to modify compensation for Economic Development Authority President. POLICY CONSIDERATION: This item relates to a cost neutral funding shift by reducing the salary of the EDA President by $1,432 and increasing the salary for the Mayor by the same amount. BACKGROUND: At the Council study session on 9/10/07, a discussion was held in regard to the compensation for the Mayor. There was consensus that the compensation for the EDA President be reduced to $4,229 (-$1,432) to be the same level as the EDA Commissioners, and to increase the compensation for the Mayor by the same amount. Prior to this change, the last time Council and EDA salaries were reviewed was in 2005 and the following levels were set effective 1/1/06: Current Annual Amount Proposed for 1/1/08 Mayor $10,985 $12,147 (+$1,432) Council $7,165 $ 7,165 (no change) EDA President $5,731 $ 4,299 (-$1,432) EDA Commissioner $4,299 $ 4,299 (no change) How are Council salaries set? According to City Charter, City Council compensation is set by ordinance. This requires a public hearing along with a 1st and 2nd reading. If approved, the salary becomes effective on December 1, following the municipal election, and would be applied as a new rate on January 1. How are EDA salaries set? EDA salaries are set by resolution in accordance with MN State Statutes Section 469.097. Although they do not require the same process as setting Council salaries, they are typically adjusted at the same time as the Council salary is adjusted. Meeting of October 1, 2007 Page 2 Subject: 1st Reading Council Salaries When was the last time salaries were adjusted? Previously, Council has reviewed salaries and adjusted them consistent with the annual adjustment set for City employees. The last time the salaries for both Council and EDA were adjusted was in 2005, which made the above rates effective January 1, 2006. FINANCIAL OR BUDGET CONSIDERATION: No overall increase in cost. Funds for Mayor and Council Salaries are in General Fund. Funds for EDA President and Commissioners are from EDA. VISION CONSIDERATION: NA Attachments: Ordinance Resolution Prepared by: Nancy Gohman, Human Resource Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 3 Subject: 1st Reading Council Salaries ORDINANCE NO. _____-07 AN ORDINANCE SETTING SALARIES FOR THE MAYOR AND COUNCILMEMBERS THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The annual salary of the Mayor shall be $12,147, and the annual salary of each Councilmember shall continue to be $7,165, until changed by ordinance as provided in Section 2.07 of the St. Louis Park Home Rule Charter. Section 2. This ordinance shall take effect January 1, 2008. Reviewed for Administration: Adopted by the City Council October __, 2007 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of October 1, 2007 Page 4 Subject: 1st Reading Council Salaries RESOLUTION NO. 07-_____ SETTING THE COMPENSATION AND REIMBURSEMENT OF THE COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Economic Development Authority of St. Louis Park, Minnesota was officially established on September 19, 1988 by Resolution 88-134; and WHEREAS, in accordance with the Economic Development Authority by-laws the Economic Development Authority shall hold its regular meetings the first Monday of each month; and WHEREAS, in accordance with Minnesota State Statutes Section 469.097 (4), a Commissioner, including the President, shall be paid for attending each regular or special meeting of the Authority in an amount paid for compensation or reimbursement must be paid out of the Authority’s budget, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park to set the compensation and reimbursement of the Commissioners of the Economic Development Authority continue at an annual salary of $4,299 and the President at an annual salary, reduced to the same level as EDA Commissioners to $4,299, effective January 1, 2008. Attest: Adopted by the City Council October __, 2007 City Clerk Mayor Reviewed for Administration: City Manager Meeting Date: October 1, 2007 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: Interim Ordinance Temporarily Prohibiting Pawnshops RECOMMENDED ACTION: Motion to adopt first reading of an Interim Ordinance temporarily prohibiting pawnshops and set second reading for October 8, 2007. Motion to adopt Resolution directing City Planning staff to conduct a study to determine how pawnshops should be regulated within the city. Motion directing City staff to immediately stop the further processing and approval of any pending or new applications for a pawnshop license. POLICY CONSIDERATION: There are substantial concerns that the current City zoning ordinance provisions do not adequately address issues relating to pawnshops, such as the appropriate locations and the conditions under which they may be allowed within the City, including compatibility with existing uses in the area. There are also concerns about the land use impacts of the combination of pawnshop uses with other uses at the same location such as a secondhand goods store, precious metal dealer, and banking and/or lending type uses. BACKGROUND: Pawnshops are currently allowed in the C-2, General Commercial zoning district, subject to city licensing considerations and requirements. General commercial zoning districts are located throughout the community The duration of the interim ordinance is proposed to be nine months. FINANCIAL OR BUDGET CONSIDERATION: N/A VISION CONSIDERATION: N/A Attachments: Ordinance Temporarily Prohibiting Pawnshops Resolution Directing Completion of a Study on the Regulation of Pawnshops Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Tom Scott, City Attorney Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 2 Subject: Interim Ordinance Temporarily Prohibiting Pawnshops ORDINANCE NO. _____-07 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING PAWNSHOPS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Background. 1.01. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4., the City of St. Louis Park is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or a part of the City while the City or its planning consultant is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is established pursuant to the aforementioned statute. 1.02. Findings and Purpose. There are substantial concerns that the current City zoning ordinance provisions relating to pawnshops do not adequately address issues relating to pawnshops, such as the appropriate locations and the conditions under which they may be allowed within the City, including compatibility with existing uses in the area. There are also concerns about the land use impacts of the combination of pawnshop uses with other uses at the same location such as a secondhand goods store, precious metal dealer, and banking and/or lending type uses. As a result of the important land use and zoning issues cited above, the City Planning staff will conduct studies for the purpose of consideration of possible amendments to the City’s official controls to address the issues concerning pawnshops. The City finds that this Interim Ordinance must be adopted to protect the planning process and the health, safety and welfare of the citizens. SECTION 2. Definition. For purposes of this Ordinance, the term “pawnshop” is defined as follows: Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. SECTION 3. Prohibition. 3.01. In accordance with the findings set forth in Section 1.02 and pursuant to the authority of Minnesota Statutes, Section 462.355, subd. 4, there is hereby established a moratorium on the establishment of pawnshops within the City. 3.02. During the effective period of this Interim Ordinance, applications for a business license, building permit or any other permit for a new pawnshop shall not be accepted, considered or approved by the City. This Ordinance prohibits the further consideration and approval of any pending license application for a new pawnshop. Meeting of October 1, 2007 Page 3 Subject: Interim Ordinance Temporarily Prohibiting Pawnshops SECTION 4. Enforcement. The City may enforce this Ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. Separability. Every section, provision or part of this Ordinance is declared separable from every section, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. SECTION 6. Duration. This Ordinance shall take effect fifteen days after its publication and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or nine (9) months, whichever occurs first. ADOPTED this ______ day of ____________, 2007, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By:___________________________ Jeffrey W. Jacobs, Mayor ATTEST: _______________________________ Nancy Stroth, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney First Reading October 1, 2007 Second Reading Date of Publication Date Ordinance takes effect Meeting of October 1, 2007 Page 4 Subject: Interim Ordinance Temporarily Prohibiting Pawnshops RESOLUTION RESOLUTION DIRECTING COMPLETION OF A STUDY ON THE REGULATION OF PAWNSHOPS AND PREPARATION OF OFFICIAL CONTROLS BASED UPON THAT STUDY WHEREAS, the City has adopted an ordinance placing temporary restrictions on pawnshops pending completion of a study of that issue and adoption of appropriate official controls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK AS FOLLOWS: 1. The City Planning staff is directed to conduct a study to determine how pawnshops should be regulated within the City. 2. Based upon the study, the City staff and the City Attorney are directed to prepare a draft of any appropriate amendments to the City’s official controls for consideration by the City Council. Reviewed for Administration: Adopted by the City Council _______________ City Manager Mayor Attest: City Clerk Meeting Date: October 1, 2007 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: Call for Public Hearing - Park Nicollet Health Services Refunding Bonds RECOMMENDED ACTION: Motion to adopt resolution calling for a public hearing authorizing the sale of refunding bonds and ratify staff action to publish a notice of public hearing. POLICY CONSIDERATION: This action is consistent with our approved policy for issuing private activity revenue bonds. BACKGROUND: Park Nicollet Health Services (PNHS) has requested that the City of St. Louis Park issue private activity revenue bonds to refund its 2003B bond issue. The size of this issue would be up to $43 million. This item was previously discussed with the City Council prior to Park Nicollet entering into a swap transaction to lock in rates for this refunding. Our bond counsel has determined that for federal tax code reasons, a public hearing needs to be held prior to the sale of the bonds. This public hearing will be noticed only in the Minneapolis Star Tribune because it is not required by state statute. FINANCIAL OR BUDGET CONSIDERATION: These bonds are not obligations of the city in any respect. They are payable solely from revenues of the Obligated Group (Park Nicollet Clinic, Methodist Hospital and other wholly owned entities of Park Nicollet Health Services). PNHS will pay a fee of 1/8th of one percent (in two semi-annual payments) to the city on any bonds outstanding each year. These monies will be deposited in the city’s Housing Rehabilitation fund. VISION CONSIDERATION: N/A Attachments: Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of October 1, 2007 Page 2 Subject: Call for Public Hearing – Park Nicollet Health Services Refunding Bonds CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 07-_____ RESOLUTION AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE REFUNDING BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the “Act”), authorizes the City to issue revenue bonds (i) to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Act as including any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and (ii) to refund, in whole or in part, bonds previously issued by the City under the authority of the Act and interest on such bonds. A “project” includes any properties, real or personal, used or useful in connection with a revenue-producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities. 1.02. Park Nicollet Health Services, a Minnesota nonprofit corporation, Park Nicollet Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota association that has elected to be treated as a nonprofit corporation, PNMC Holdings, a Minnesota nonprofit corporation, and Park Nicollet Health Care Products, a Minnesota nonprofit corporation (collectively, the “Obligated Group”), have submitted an application to the City requesting the issuance by the City of its Health Care Facilities Revenue Refunding Bonds (Park Nicollet Health Services), Series 2007A in the approximate aggregate principal amount not to exceed $43,000,000 (the “Series 2007A Bonds”), to refund the outstanding principal amount of the Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2003B (the “Series 2003B Bonds”), issued by the Issuer in the original aggregate principal amount of $41,550,000. The Series 2003B Bonds were issued to finance (A) the construction and equipping of the Obligated Group’s Heart and Vascular Center at Park Nicollet Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Park Nicollet Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and installation of equipment for Park Nicollet Methodist Hospital, and (B) the acquisition and installation of (1) a computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, Minnesota, and (3) a CT Scanner and a magnetic Meeting of October 1, 2007 Page 3 Subject: Call for Public Hearing – Park Nicollet Health Services Refunding Bonds resonance imaging scanner (“MRI Scanner”) at the facilities of the Obligated Group located at 250 North Central Avenue in the City of Wayzata, Minnesota (collectively, the “Series 2003B Project”); and (ii) pay the costs of issuing the Series 2007A Bonds. 1.03. Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, requires that prior to the issuance of the Series 2007A Bonds, this Council approve the Series 2007A Bonds after conducting a public hearing thereon. Section 2. Public Hearing. 2.01. The City Council shall meet at 7:30 p.m. on Monday, October 15, 2007, to conduct a public hearing on the issuance of the Series 2007A Bonds as requested by the Obligated Group. 2.02. The actions of Kennedy & Graven, Chartered, acting as bond counsel for the City, in publishing notice of the hearing in substantially the form attached hereto as Exhibit A in the Star Tribune, a newspaper of general circulation in the City, once, at least fourteen (14) days prior to the date of the public hearing are hereby ratified. Section 3. City Council Approvals. The Council hereby states its preliminary intention to issue the Series 2007A Bonds to (i) redeem and prepay the Series 2003B Bonds; and (ii) pay the costs of issuing the Series 2007A Bonds. The Series 2007A Bonds shall be issued, subject to compliance with the terms and conditions of the Act and the final agreement among the City, the Obligated Group, and the initial purchaser of the Series 2007A Bonds as to the terms and conditions thereof. Section 4. Costs. The Obligated Group will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Series 2007A Bonds, whether or not the Series 2007A Bonds are issued. The submission of the application to the Minnesota Department of Employment and Economic Development (“DEED”) for approval of the Project and the issuance of the Series 2007A Bonds is subject to the condition that the Obligated Group shall have executed and delivered to the City an agreement to pay or reimburse the City for any costs paid or incurred by the City in connection with the Project and the issuance of the Series 2007A Bonds. Section 5. Commitment Conditional. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Series 2007A Bonds as requested by the Obligated Group. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Series 2007A Bonds, or issue the Series 2007A Bonds in an amount less than the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Series 2007A Bonds, or to issue the Series 2007A Bonds in an amount less than the amount referred to in paragraph 1.02 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Meeting of October 1, 2007 Page 4 Subject: Call for Public Hearing – Park Nicollet Health Services Refunding Bonds Section 6. Effective Date. This Resolution shall be in full force and effect from and after its passage. Reviewed for Administration: Adopted by the City Council October 1, 2007 City Manager Mayor Attest: City Clerk Meeting of October 1, 2007 Page 5 Subject: Call for Public Hearing – Park Nicollet Health Services Refunding Bonds EXHIBIT A CITY OF ST. LOUIS PARK, MINNESOTA NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF HEALTH CARE FACILITIES REFUNDING REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of St. Louis Park, Minnesota (the “City”), will hold a public hearing on Monday, October 15, 2007, at 7:30 p.m. at City Hall, 5005 Minnetonka Boulevard, on a proposal that the City approve and authorize the issuance by the City of its refunding revenue bonds, in one or more series under Minnesota Statutes, Sections 469.152-469.1651, as amended (the “Act”), for the benefit of Park Nicollet Health Services, a Minnesota nonprofit corporation, Park Nicollet Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota association that has elected to be treated as a nonprofit corporation, PNMC Holdings, a Minnesota nonprofit corporation, and Park Nicollet Health Care Products, a Minnesota nonprofit corporation (collectively, the “Obligated Group”). The revenue bonds proposed to be issued by the City for the benefit of the Obligated Group (the “Refunding Bonds”) will be applied to refund the outstanding principal amount of the Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2003B (the “Prior Bonds”), issued by the City in the original aggregate principal amount of $41,550,000. The Prior Bonds were issued to finance (A) the construction and equipping of the Obligated Group’s Heart and Vascular Center at Park Nicollet Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Park Nicollet Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and installation of equipment for Park Nicollet Methodist Hospital, and (B) the acquisition and installation of (1) a computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) at the facilities of the Obligated Group located at 250 North Central Avenue in the City of Wayzata, Minnesota. Proceeds of the Refunding Bonds will also be used to pay the costs of issuing the Refunding Bonds. The Project will be owned and operated by members of the Obligated Group. Meeting of October 1, 2007 Page 6 Subject: Call for Public Hearing – Park Nicollet Health Services Refunding Bonds At the public hearing, the City Council will consider adoption of a resolution approving the issuance of the Refunding Bonds. The aggregate face amount of the Refunding Bonds proposed to be issued to finance the Project is presently estimated not to exceed $43,000,000. The Refunding Bonds will be issued by the City and will constitute limited obligations of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City except interests in the Project that may be granted to the City in conjunction with this financing. Dated: _____________________ [Date of Publication] BY ORDER OF THE CITY OF ST. LOUIS PARK, MINNESOTA