HomeMy WebLinkAbout2005/01/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JANUARY 18, 2005
7:30 P.M.
**Study Session – Immediately Following Regular Meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Annual Human Rights Award
b. Recognition for Greg Knutsen
c. Governor’s Award for St. Louis Park NORC Project
d. North Hennepin Mediation Program Inc. Annual Service Report
3. Approval of Minutes
a. City Council Minutes of January 3, 2005
Action: Corrections/amendments to minutes - Minutes approved as presented
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 listed 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
6. Public Hearings
6a. Public Hearing to Consider 2005 Utility Rates
First reading of an ordinance setting 2005 rates charged for Water, Sanitary Sewer,
Solid Waste, and Storm Water Utility.
Recommended
Action:
Mayor to close public hearing. Motion to approve 1st reading of
an ordinance setting 2005 rates charged for Water, Sanitary
Sewer, Solid Waste, and Storm Water Utility and set second
reading for February 7, 2005.
6b. Public Hearing to Consider: 1st Reading of an ordinance amending Ordinance #2044-
03 relating to franchise fees imposed on Centerpoint Energy Minnegasgo; and, 1st
Reading of an ordinance amending Ordinance #2045-03 relating to franchise fees
imposed on Xcel Energy.
These ordinances amend the franchise fee ordinances to allow collection of permit fees
in addition to franchise fees.
Recommended
Action:
Mayor to close the public hearing.
1. Motion to approve first reading of an ordinance amending
Ordinance #2044-03 relating to franchise fees and set second
reading for February 7, 2005.
2. Motion to approve first reading of an ordinance amending
Ordinance #2045-03 relating to franchise fees and set second
reading for February 7, 2005.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. 2005 – 2009 Capital Improvement Program
This is the final step in approving the 2005 – 2009 Capital Improvement Program
Recommended
Action:
1.) Motion to approve 2005 – 2009 Capital Improvement
Program
2.) Motion to adopt a resolution approving an amendment to
the Comprehensive Plan Year 2000 to Year 2020 for the
City per Minnesota Statutes, incorporating the Capital
Improvement Program (CIP) Year 2005 to Year 2009;
approve summary resolution for publication
8b. First Reading on Revised Subdivision Ordinance Regarding Park Dedication Fees
and Amending Appendix A of the City Code to Include the Park Dedication Fee
Amount
Recommended
Action:
Motion to approve 1st reading of an ordinance amending Section 26-
158 of the Subdivision Ordinance removing park dedication cash-in-
lieu of land fee amounts from the Subdivision Ordinance and including
a cash-in-lieu of land contribution of park land dedication in the
amount of $1,500 per residential unit to Appendix A of the City Code.
9. Communications
10. 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 JANUARY 18, 2005
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 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 a resolution which authorizes the Mayor and City Manager to execute
applications to convey tax-forfeit parcels to the City for utility, roadway, and noise wall
purposes
4b Motion to Ratify Additional Members to Excess City Land Task Force
4c Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations
according to the recommendation of the City Manager.
4d Motion to accept for filing the Planning Commission Minutes of December 1, 2004
4e Motion to accept for filing the Housing Authority Minutes of December 8, 2004
4f Motion to accept for filing the Parks and Recreation Advisory Commission Minutes of
November 17, 2004
4g Motion to accept for filing the Board of Zoning Appeals Minutes of November 30, 2004
4h Motion to appoint Jim Brimeyer to the Southwest Corridor Policy Advisory Committee
4i Motion to designate EnComm Midwest, Inc. as the lowest responsible bidder and
authorize execution of a contract with the firm in the amount of $188,188.00 for Water
Treatment Plant #4 Filter Rehabilitation, Project No. 20041301
4j Motion to accept Vendor Claims for filing (Supplement)
4k Motion to adopt Resolution 05-010 Recognizing The Contributions Of And
Expressing Appreciation To Gregory Knutsen
St. Louis Park City Council Meeting
011805 - 2a - Human Rights Awards
Page 1
2a. Presentation of the City’s Annual Human Rights Award.
Background:
Each year, the St. Louis Park Human Rights Commission coordinates an award to honor
individuals and organizations that contribute to increasing understanding and cooperation
between people of different backgrounds. Award recipients are recognized as leaders
who support our vision of creating a community in which diversity is a natural part of
everyday life. Four individuals were chosen for their service in 2004. Nominations are
made by community members and the winners are selected by the Human Rights
Commission.
The current Human Rights Commissioners are: Chair Matthew Armbrecht, Kristen
Edsall, Annie Gaffney, Kristi Rudelius-Palmer, Seema Maddali and Kristin Siegesmund.
2004 Award Recipients:
Jill Holte Weldin - 2004
Jill Holte Weldin has spent her career and volunteer service focusing on providing
opportunities for people with disabilities. She has served as a nursing director, state
human services worker, training coordinator, child development director and public
policy advocate for Arc Hennepin-Carver. Along with her husband, Hall, she has
assisted teaching faith communities the importance of including people with disabilities.
For children and adults with developmental disabilities in our city, they could have no
better friend than Jill Holte Weldin.
Officer Jon Parker – 2004
Officer Jon Parker has been a champion for families and children regardless of race or
national origin. In his service as a DARE school drug prevention instructor and as the
police liaison to the Meadowbrook neighborhood, Jon has been an ambassador of the
city’s vision to “Create a welcoming community for all.” He is known for building
positive relationships with a diversity of youth including those from homeless and new
immigrant families. Now as a sergeant, Officer Parker acts a mentor to new officers, who
work to protect our rights and promote acceptance.
Cynthia Mueller – 2004
Children entering our city’s schools are in greater need of assistance when they are not
able to speak English. Cynthia Mueller, has assisted them well beyond her role as an
English Language Learner teacher at Peter Hobart school. She has; made children from
other countries feel welcome at school, developed school materials in multiple languages
for parents, coached other teachers in the understanding of cultural differences and hosted
guests from Tibet, Japan and Malaysia in her home. Cynthia Mueller has done more than
welcome new American children and families to our community, she has acted as a role
model of hospitality for all our city residents.
St. Louis Park City Council Meeting
011805 - 2a - Human Rights Awards
Page 2
Jan Johnson - 2004
Jan has served for the past 5 years as the volunteer parish nurse for Westwood Lutheran
Church. She takes special care to look after the needs of those in our community who
have been marginalized due to age, physical conditions or other health concerns. She
connects seniors to counseling, transportation, medical or other services where needs are
identified. Jan also serves as a consultant to the St. Louis Park NORC faith communities
network helping to promote the expansion of parish nurse programs in our city. She is
someone who spends countless volunteer hours each month showing us all what it means
to lend a hand in improving the lives of others.
Prepared by: Martha McDonell
Outreach Coordinator and Commission Liaison, 952-924-2613
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 2d - North Hennepin Mediation Report
Page 1
2d. North Hennepin Mediation Program Inc. Annual Service Report
Background:
North Hennepin Mediation Program Inc. receives funding from the City of St. Louis Park in the
amount of $4000 per year. The services they provide are then offered free to citizens residing or
working in our city. Mediation is provided in multiple areas including: business / consumer,
employer / employee, citizen / agency, neighbor to neighbor, harassment, post
decree/relationship, landlord / tenant, juvenile and family members.
Each year, NHMP assists over 100 residents in our city who are involved in mediation cases in
some way. In addition to providing mediation services, North Hennepin Mediation works with a
variety of community partners and the media in order to teach children, families and residents of
St. Louis Park about basic skills and available resources for preventing and managing conflict.
Mediation services in St. Louis Park are promoted through local agencies and by city staff
including inspections, police, housing and outreach staff.
Volunteers continue to be the backbone of the organization. They serve as mediators, board of
directors, trainers, and outreach presenters. Not only do they make each dollar stretch farther,
they also help maintain close connection to the communities served.
Guest Presentor
Beth Bailey-Allen, the Executive Director of North Hennepin Mediation Program Inc., will
present a short mediation services update, remind City Council of the importance of referring
residents and thank city leaders for their ongoing financial support.
Attachments: Pie Chart of St. Louis Park Mediations in 2004
Prepared By: Martha McDonell, Outreach Coordinator
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 2d - North Hennepin Mediation Report
Page 2
Types of Community Mediations in St. Louis Park
in 2004
Family
5%
Harassment
16%
Juvenile
5%
Housing
37%
Neighborhood
21%
Shared Parenting
16%
NHMP served at least 133 St. Louis Park residents in 88 cases in 2004.
St. Louis Park City Council Meeting
Item: 011805 - 3a - Minutes January 3, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JANUARY 3, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:00 p.m.
Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger, Sue Santa, and Sally Velick
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Human Resources
(Director), and City Clerk (Ms. Reichert).
2. Presentations
a. Steve Fillbrandt Recognition
Mayor Jacobs presented Mr. Fillbrandt a certificate of appreciation for his work on the I-
394 Express Lane Community Task Force.
3. Approval of Minutes
3a. City council Minutes of December 20, 2004
Councilmember Santa noted on Page 5, Paragraph 3, should read “The HAS’s would be
administered by ING and therefore Councilmember Santa would be abstaining.”
Councilmember Finkelstein noted on Page 3, Paragraph 9, should add “Eave
requirements may be something to discuss at a study session as well as issues like these
that tend to make it more difficult for people to do move up housing and remain in St.
Louis Park.”
The minutes were approved as corrected.
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 adopt Resolution 05-001 designating the St. Louis Park Sun-Sailor as
the City’s Official Newspaper for 2005
4b Motion to adopt Resolution 05-002 authorizing installation and special
assessment of a fire sprinkler system at 6401 Cambridge Street and directing the
St. Louis Park City Council Meeting
Item: 011805 - 3a - Minutes January 3, 2005
Page 2
Mayor and City Manager to execute a special assessment agreement with the
property owner.
4c Motion to adopt Resolution 05-003 approving a variance request of Ronald and
Stephania Greve to allow an addition with eaves for property located at 3730
Inglewood Avenue South.
4d Motion to adopt Resolution 05-004 declaring 2005 City council meeting dates
4e Motion to approve formation of a task force to study and recommend a permanent
location for an off-leash dog park.
4f Motion to Ratify Excess City Land Task Force
4g Motion to accept November 2004 Financial Statements
4h Motion to designate Park Construction, Inc. as the lowest responsible bidder and
authorize execution of a contract with the firm in the amount of $1,030,707.51 for
Lamplighter Pond Flood Improvement, Project No. 00-18
4i Motion to adopt Resolution 05-005 authorizing final payment in the amount of
$8,408.88 to Ron Kassa Construction for completion of alley paving in the 4200
block of Ottawa Ave
4j Motion to adopt Resolution 05-006 authorizing final payment in the of
$115,700.10 to Hardrives, Inc. for completion of the Excelsior Boulevard
reconstruction project
4k Motion to accept Vendor Claims for filing (Supplement)
4l Motion to delay second reading of an ordinance enacting a business license
investigation fee until February 7, 2005
It was motioned by Councilmember Sanger, seconded by Councilmember Velick, to
approve the Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
5. Boards and Commissioners
It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution 05-007 setting term expiration dates of Fire Civil Service Commissioners.
The motion passed 7-0.
It was motioned by Councilmember Velick, seconded by Councilmember Omodt, to
reappoint Commissioners Hawkinson, Lindenberg, Strong, Hartman, Dworsky, Huiras,
Carper, Morris, Roberts, Burt, Trummer, Baum to their respective commissions for terms
ending December 31, 2007; Commissioner Moore to the Housing Authority for a term
ending 6/30/07; and Commissioner Ohliger to the Police Advisory Commission for a
term ending December 31, 2005.
The motion passed 7-0.
St. Louis Park City Council Meeting
Item: 011805 - 3a - Minutes January 3, 2005
Page 3
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. Election of Mayor Pro-tem
Mayor Jacobs thanked Councilmember Sanger for her role as Mayor Pro Tem. He felt
she has served very ably.
It was motioned by Councilmember Velick, seconded by Councilmember Santa, to
nominate Councilmember Sanger as Mayor Pro Tem for year 2005.
The motion passed 7-0.
8b. 2005 General Pay Increase for employees including City Manager and
Performance Bonus for Paid on call Firefighters
Ms. Gohman stated that the proposed resolution accomplishes four things:
1) set a standard three percent wage increase for non-union employees which is
consistent with all union contracts
2) set Public Works Director salary increase to three percent which grants thirteen
hours of paid time off due to the salary cap
3) set City Manager salary increase to three percent which grants 247 hours paid
time off due to the salary cap
4) grant an increase to paid on call firefighters 2005 performance program. The
program is recommended by the Fire Chief and has been in existence since 1996.
It is a performance bonus in lieu of a separate pension program for that group.
It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution 05-009 confirming a 3% general increase for non-union employees, setting
the salary and paid time off for the Public Works Director and City Manager, and
increasing performance program pay for Paid-on-call Firefighters.
The motion passed 7-0.
9. Communications
Mayor Jacobs read a proclamation detailing the creation and history of the City Charter of St.
Louis Park that will be prominently placed in city hall. A certificate of recognition by Governor
Pawlenty was also read.
Mayor Jacobs presented a resolution from the International City-County Management
Association that recognizes the 50th anniversary of the Council-Manager form of government.
St. Louis Park City Council Meeting
Item: 011805 - 3a - Minutes January 3, 2005
Page 4
Mayor Jacobs stated that this anniversary is a significant milestone in the city’s history. He
stated that the city charter sets the model for which we govern ourselves and conduct business.
Mayor Jacobs recognized the current members of the charter commission: Lynne Carper, Steve
Fillbrandt, Marilyn Hoeft, Nathan Busch, Paul Carver, Cheryl Ernst, Brian Fiderlein, Linda
Jennings, Jan Loftus, John Orenstein, Jim Schaefer, Michael Sixel, and Ryan Winkler. He
expressed his thanks to those that set the Council-Manager form of government back in the
1950’s.
Ms. Reichert shared the planning process that began in 2002. She stated that part of the
celebration involved civic education and public participation to all ages. She highlighted the
Parktacular kick-off, amphitheater event, Citizen’s Academy, citizen participation guide,
continuing education program in the school district, and historical photo display. She also
thanked fellow city hall and school district employees as well as the Citizen’s Academy
presenters and Parktacular committee.
Mayor Jacobs expressed his pleasure at the opportunities he had to speak to the third, seventh,
and ninth grade students about governance and public process. He stated that the city charter is
our constitution and governing document. Mayor Jacobs thanked all who have been involved in
the charter commission.
Charter Commission Chair Carper stated that the commission is not appointed by the City
council but rather the Hennepin County Court District. He felt the community works so well due
to team work between the city council, city staff, business community and citizen volunteers. He
recognized donors to the Parktacular celebration: Peter Husestead, Jason Price, Jennings Liquors,
Almstead’s Supermarket, Cub Foods, Palm’s Bakery, Fishman’s Deli and Linsk Floral. He
thanked the subcommittee members from the charter commission.
Chair Carper described the citizen involvement guide and school classes. He mentioned the
addition of historical photographs of past village and city mayors that has been added to the City
council Chambers.
He thanked Mr. Harmening and City council for staff support and resources to assist with the
celebration. He highlighted Commissioner Loftus’ efforts in preparation for the celebration.
Commissioner Loftus thanked the commission liaison, Ms. Reichert, for her support.
Commissioner Loftus gave a special mention to former mayor Len Thiel who had many great
ideas to contribute but is no longer with us.
Mayor Jacobs concluded the meeting by once again thanking all those involved and stated that
St. Louis Park is a much better place because of the charter.
10. Adjournment - The meeting adjourned at 7:40 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
011805 - 4a - Land Reconveyance Vernon-Webster Ave
Page 1
4a. Motion to approve a resolution which authorizes the Mayor and City Manager to
execute applications to convey tax-forfeit parcels to the City for utility, roadway, and
noise wall purposes
Background: Mn/DOT, in conjunction with the City, is planning to construct a noise wall along the
west side of Highway 100, from W. 40th Street south to Minnehaha Creek, in 2005. As a part of the
agreement between the City and Mn/DOT, the City agreed to acquire all of the necessary right-of-
way. Seven (7) parcels including five (5) tax-forfeit properties are affected by construction of the
noise wall. Information on the parcels is summarized below:
Address PID Number Owner Easement Status
4041 Webster Ave. S. 21-117-21-24-0175 James Sutcliffe On-going discussion with
owner
4052 Vernon Ave. S. 21-117-21-24-0112 [Tax-forfeit] Need to acquire rights
4056 Vernon Ave. S. 21-117-21-24-0113 [Tax-forfeit] Need to acquire rights
4060 Vernon Ave. S. 21-117-21-24-0114 [Tax-forfeit] Need to acquire rights
4064 Vernon Ave. S. 21-117-21-24-0116 [Tax-forfeit] Need to acquire rights
4068 Vernon Ave. S. 21-117-21-31-0001 [Tax-forfeit] Need to acquire rights
5524 W. 41st Street 21-117-21-31-0224 St. Luke’s
Lutheran Church
Permanent easement
acquired
Two (2) areas of required permanent right-of-way are located on private property. The parcel at the
Lutheran Church has already been acquired. Staff is still working on the other piece. Meanwhile,
staff was informed by Mn/DOT that it is necessary for the City to hold the appropriate rights (for
noise wall & roadway purposes) to the tax-forfeited property where they will be constructing the
noise wall.
Analysis: Four (4) of the five (5) parcels were forfeited in 1973 and the other in 1989. According to
Hennepin County’s research, all five (5) were conveyed to the City for a public use. However, the
State Deeds conveying these parcels were never recorded. City Council Resolution #90-20 (dated
February 20, 1990) authorized conveyance of Parcel #21-117-21-24-0113, 4056 Vernon Ave. S., to
the City for utility purposes. State Deed #0175000 was issued to the City on March 22, 1991. This
deed was found and is in the process of being recorded.
In order to obtain the necessary rights on the parcels, it is necessary for the City to request
conveyance of these rights to the City. Once the rights are conveyed, the City can sign them over to
Mn/DOT or give them a permanent easement for the portion that they need. The County has an
application form and process for conveying tax-forfeit property rights for a public use. This process
will be followed for this acquisition.
Financial Considerations: Each form will require an application fee of $25.00. Other than the
application cost, staff does not anticipate that the City will need to pay any money to acquire
these properties from the County.
St. Louis Park City Council Meeting
011805 - 4a - Land Reconveyance Vernon-Webster Ave
Page 2
Timing: Once the application forms are signed and submitted to the County, it is anticipated
that it will take 2-3 weeks to obtain the necessary documents from the County. Mn/DOT is still
proceeding with a letting date in March 2005 for the project.
Attachments: Resolution
Property Map (supplement)
Prepared By: Maria A. Hagen, City Engineer
Judie Erickson, Planning Coordinator
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 4a - Land Reconveyance Vernon-Webster Ave
Page 3
RESOLUTION NO. 05-011
RESOLUTION RESCINDING RESOLUTION NO. 90-20
AND AUTHORIZING APPLICATION FOR CONVEYANCE OF
TAX-FORFEIT LAND FOR PROPERTY LOCATED AT:
4052 VERNON AVENUE SOUTH
4056 VERNON AVENUE SOUTH
4060 VERNON AVENUE SOUTH
4064 VERNON AVENUE SOUTH
4068 VERNON AVENUE SOUTH WHEREAS, the parcels of land described below have been forfeited to the State of
Minnesota for nonpayment of taxes, and the City Manager has recommended to the City that said
parcels are a necessary and desirable addition to the facilities of the City for installation and
maintenance of utilities, roadways, and a noise wall; and
WHEREAS, Resolution No. 90-20 authorized conveyance of land at 4056 Vernon
Avenue South for utility purposes only;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that Resolution No. 90-20, dated February 20, 1990, is hereby rescinded; and
LET IT BE FURTHER RESOLVED THAT the Mayor and City Manager are hereby
authorized and directed to make application on behalf of the City to the County Board and State
Tax Commissioner for conveyance of the following described parcels of tax-forfeit land:
Address PID Number
4052 Vernon Ave. S. 21-117-21-24-0112
4056 Vernon Ave. S. 21-117-21-24-0113
4060 Vernon Ave. S. 21-117-21-24-0114
4064 Vernon Ave. S. 21-117-21-24-0116
4068 Vernon Ave. S. 21-117-21-31-0001
to the City of St Louis Park for the following purposes:
Utility, Roadway & Noise Wall Purposes
Reviewed for Administration Adopted by the City Council January 18, 2005
City Manager Mayor
City Clerk
St. Louis Park City Council Meeting
011805 - 4b - Additional members for Excess Land Task Force
Page 1
4b. Motion to Ratify Additional Members to Excess City Land Task Force
Background
On January 3, 2005 the Council ratified the membership on the Excess Land Task Force. Since
then a new member is being recommended as the representative from Ward 2 and the School
Board has selected their representative. Upon the Council’s ratification, Mr. Joe Favour from
the Browndale Neighborhood would act as the Neighborhood Representative for Ward 2 and
Claudia Johnston-Madison, previously designated representative for Ward 2 would remain on the
Task Force as a Planning Commission representative. Jerry Timian was selected by the School
Board as their representative to the Task Force. Upon ratification of the new members, the full
task force will include:
1. Parks & Recreation Commission - Tom Worthington
2. Housing Authority Board - Steve Fillbrandt
3. Planning Commission - Carl Robertson, Robert Kramer and Claudia Johnston-Madison
4. Cedarhurst Neighborhood Associations, Ward 1 - Louis Schoen
5. Browndale Neighborhood, Ward 2 – Joe Favur
6. Minnehaha Neighborhood, Ward 3 - John Share
7. Westwood Hills Neighborhood, Ward 4 - Dawn Plender
8. Coldwell Banker realtor and resident - Paula Spiteri
9. School Board – Jerry Timian
The Task Force, including the two new members, met for the first time on January 11, 2005. A
rich discussion yielded a set of criteria that will be used to evaluate the parcels. As Council
suggested and Task Force members agreed, the evaluation criteria was defined prior to informing
members of the identification of the individual parcels. Task Force members will receive an
information packet containing parcel data prior to a tour of the properties which has been
scheduled for the morning of Saturday, January 29, 2005.
Recommendation:
Staff recommends that Council ratify the full membership of the Excess City Land Task Force.
Attachment: Staff Report January 3, 2005 Excess Task Force Membership
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 4b - Additional members for Excess Land Task Force
Page 2
JANUARY 3, 2005 STAFF REPORT:
4f. Motion to Ratify Excess City Land Task Force
Background
The disposal of public property, regardless of its use, typically incurs at least some public
opposition or concern, especially from property owners in close proximity. For this reason,
Council directed staff at the September 13, 2004 Study Session to develop a public process to
determine whether or not a parcel should be sold.
At the November 22, 2004 Study Session Council directed staff to proceed with the Excess Land
Task Force process to address future use of excess city land. The following process was
approved and will be implemented pending Council ratification of the Excess City Land Task
Force.
Process For Determining What Parcels Should Be Sold:
1. Establish Task Force. Establish a task force consisting of approximately ten persons to
analyze and provide recommendations on the possible sale of City property. The intent
would be to chose a task force where its total membership would represent the various
geographical areas of the City and would consist of the following:
a. 1 member of Parks & Recreation Commission
b. 1 member of Housing Authority Board
c. 2 members Planning Commission
d. 4 members from Neighborhood Associations - one from each Ward
e. 1 member of School Board
f. 1 Realtor Representative
2. Task Force Meetings. Hold four task force meetings between mid-January and early
March:
a. Meeting one: Develop evaluation criteria before sites are revealed.
b. Meeting two: Tour identified properties.
c. Meeting three: Evaluate properties against criteria and make recommendations for
the sale of selected parcels.
d. Meeting four: Suggest uses for sales proceeds of the parcels.
3. Public Open House. Based on recommendations of the task force, invite persons within
500 feet of all of those properties identified for sale and neighborhoods leaders to public
meetings to be held in mid-March. The agenda for the meetings will include a
presentation of the work of the task force and will have a unique “station” for each
property with a staff member to talk with neighbors and record public comments.
4. Study Session. Bring task force recommendations and comments from the public
meeting to a City Council Study Session in April. At that time Staff will also include
St. Louis Park City Council Meeting
011805 - 4b - Additional members for Excess Land Task Force
Page 3
information on the legal process for selling the parcels and a process to determine eligible
buyers for discussion during the Study Session.
5. Council Meeting. If recommendations to sell properties are made, the City Council will
vote on the proposed sites to be sold as a group, and staff would be directed to facilitate
sales in as expedient manner as feasible.
Task Force Membership.
At Council direction membership for the task force has been recruited and includes the following
residents:
10. Parks & Recreation Commission - Tom Worthington
11. Housing Authority Board - Steve Fillbrandt
12. Planning Commission - Carl Robertson and Robert Kramer
13. Cedarhurst Neighborhood Associations, Ward 1 - Louis Schoen
14. Minikahda Vista Neighborhood, Ward 2 - Claudia Johnston-Madison
15. Minnehaha Neighborhood, Ward 3 - John Share
16. Westwood Hills Neighborhood, Ward 4 - Dawn Plender
17. Coldwell Banker realtor and resident - Paula Spiteri
18. 1 member of School Board yet to be designated
Recommendation:
Staff recommends that Council ratify the membership of the Excess City Land Task Force.
Prepared by: Kathy Larsen, Housing Programs Coordinator
Judie Erickson, Planning Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 4c - Liquor License Violations
Page 1
4c. Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations
according to the recommendation of the City Manager.
Background
Liquor sting operations were conducted by the St. Louis Park Police Department on October 13th
and November 30th of this year. Under the direction of Police officers, a 20-year-old male
attempted to purchase alcoholic beverages at licensed establishments throughout the city. Seven
of the city’s licensed establishments sold liquor to the minor. Citations were issued in each case
and have been forwarded to Hennepin County District Court for consideration of criminal
penalties.
Administrative Process
Administrative hearings were held to consider six of the violations. At those hearings the City
Manager and Captain Mark Ortner reviewed each violation in detail and discussed preventive
measures that could be taken to ensure that future violations do not occur. At the end of each
hearing a fine was set. All license holders attending the hearings signed stipulations agreeing to
the facts of their case and to accept the fine imposed.
All were first time violations and fines were set at $1000 for each establishment. The
establishments and fines set are as follows:
Licensee Name Establishment Name Address Violation Date Fine
Rackner Inc. Bunny's 5916 Excelsior Blvd Wednesday, October 13, 2004 $1000
Byerly's Inc. Byerly's St. Louis Park 3777 Park Ctr Blvd Tuesday, November 30, 2004 $1000
Chili's of MN Inc. Chili's Southwest Grill & Bar 5245 Wayzata Blvd Tuesday, November 30, 2004 $1000
Mojito, inc. Mojito 4656 Excelsior Blvd Wednesday, October 13, 2004 $1000
GMRI Inc. Olive Garden #1424 5235 Wayzata Blvd Tuesday, November 30, 2004 $1000
GranDoba Inc. Qdoba Mexican Grill 4712 Excelsior Blvd Wednesday, October 13, 2004 N/A
VFW 5632 VFW 5605 36th St W Tuesday, November 30, 2004 $1000
Since the compliance checks were done, Qdoba Mexican Grill has changed hands, and the
licensee has turned in their license and liquidated their inventory in accordance with MN Dept of
Public Safety rules. Because they are no longer licensed we did not pursue further civil action.
The new owner will be applying for a license in the near future.
Council Approval
If the City Council concurs with the City Manager’s recommendations, a motion to approve a
resolution imposing the administrative penalty is required for each establishment. Payment of
that penalty is due within 30 days of Council’s action.
St. Louis Park City Council Meeting
011805 - 4c - Liquor License Violations
Page 2
If the City Council disagrees with the Manager’s recommendation, a hearing will be scheduled
for the Licensee to appear before the City Council for further consideration.
Attached: Resolutions approving imposition of civil penalties
Prepared by: Cynthia D. Reichert
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 4c - Liquor License Violations
Page 3
RESOLUTION NO. 05-012
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
Rackner Inc.
DBA Bunny's
5916 Excelsior Blvd
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Bunny's located at
5916 Excelsior Blvd in St. Louis Park; and
WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of
the city liquor license ordinance Sections 3-73 through – 3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the
license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this
action.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
011805 - 4c - Liquor License Violations
Page 4
RESOLUTION NO. 05-014
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
Byerly's Inc.
Byerly's St. Louis Park
3777 Park Ctr Blvd
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Byerly's St. Louis
Park located at 3777 Park Ctr Blvd in St. Louis Park; and
WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of
the city liquor license ordinance Sections 3-73 through – 3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the
license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this
action.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 011805 - 4 - Liquor License Violations
Page 1 of 8
RESOLUTION NO. 05-015
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
Chili's of MN Inc.
Chili's Southwest Grill & Bar
5245 Wayzata Blvd
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Chili's Southwest
Grill & Bar located at 5245 Wayzata Blvd in St. Louis Park; and
WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of
the city liquor license ordinance Sections 3-73 through – 3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the
license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this
action.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 011805 - 4 - Liquor License Violations
Page 1 of 8
RESOLUTION NO. 05-016
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
Mojito, inc.
Mojito
4656 Excelsior Blvd
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Mojito located at
4656 Excelsior Blvd in St. Louis Park; and
WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of
the city liquor license ordinance Sections 3-73 through – 3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the
license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this
action.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 011805 - 4 - Liquor License Violations
Page 1 of 8
RESOLUTION NO. 05-017
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
GMRI Inc.
Olive Garden #1424
5235 Wayzata Blvd
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Olive Garden
#1424 located at 5235 Wayzata Blvd in St. Louis Park; and
WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of
the city liquor license ordinance Sections 3-73 through – 3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the
license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this
action.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 011805 - 4 - Liquor License Violations
Page 1 of 8
RESOLUTION NO. 05-018
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
VFW 5632
VFW
5605 36th St W
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at VFW located at
5605 36th St W in St. Louis Park; and
WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of
the city liquor license ordinance Sections 3-73 through – 3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereb y imposed on the
license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this
action.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
011805 - 4d - Planning Commission Minutes of 12-1-04
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
December 1, 2004--6:05 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette, Lynne Carper, Claudia Johnston-
Madison, Robert Kramer, Carl Robertson
MEMBERS ABSENT: Dennis Morris, Jerry Timian
STAFF PRESENT: Judie Erickson, Meg McMonigal, Nancy Sells
1. Call to Order – Roll Call
Chair Robertson called the meeting to order at 6:05 p.m.
2. Approval of Minutes of November 3, 2004
Chair Robertson noted a correction to page six. The minutes state that Chair
Robertson and Commissioner Kramer abstained on the motion approving a zoning
ordinance amendment (Case No. 04-56-ZA). Chair Robertson said he voted in
the affirmative and the minutes should be corrected as follows: The motion was
approved 5-0-1 (Commissioner Kramer abstained).
Commissioner Carper moved approval of the minutes as amended. The motion
passed 5-0.
3. Hearings
A. Case No. 04-65-CUP—Request for a Conditional Use Permit for a
Montessori School in the Industrial Park (IP) zoning district at 3113 Lynn
Ave. S.
Ms. McMonigal said that the applicants have asked that the request be continued
to the next meeting, which is expected to be on January 5. She explained that the
applicant had just learned it is very likely they may not have the lease at this
building. At this time it is uncertain so the applicant isn’t ready to withdraw the
application.
Chair Robertson opened the public hearing. As there was no one present wishing
to speak, Commissioner Bissonnette made a motion to continue the public hearing
until January 5, 2005. The motion passed 5-0.
St. Louis Park City Council Meeting
011805 - 4d - Planning Commission Minutes of 12-1-04
Page 2
B. Case No. 04-63-S—Request by City of St. Louis Park for Final Plat for
Oak Park Village 2nd Addition—3401, 3451, 3501 Louisiana Avenue
South
Ms. Erickson said the plat covers an area which formerly was included in Oak
Park Village plat. This includes the existing Park Tavern and St. Louis Park EDA
property. The southern portion of the EDA property was sold to Oak Hill 3501
LLC and the northern portion was sold to Park Tavern. As part of the sales
agreements the City agreed to replat the property. She explained that park
dedication is not required as there is no change to the total number of lots. The
purpose of the plat is to recombine parcels consistent with current ownership
resulting from the EDA sale of the property.
Ms. Erickson explained that part of an existing alley is included in the plat. A
new dedication for additional right-of-way for Walker Street will be included in
the plat. Ms. Erickson said part of the reason for waiving the preliminary plat is
because, generally, when all that is being done is moving a lot line and only two
underlying lots are involved, it is an exempt subdivision. However, in this case,
the City wants the Walker right-of-way to be platted and the new owner wanted
the vacated alley included in the plat. All easements have been found to be
adequate by Public Works Dept., with no remaining issues.
Chair Robertson opened the public hearing. The Chair closed the public hearing
as there was no one present wishing to speak.
Claudia Johnston-Madison made a motion recommending approval of the final
plat. The motion was approved 5-0.
4. Unfinished Business
5. New Business
A. Ms. McMonigal asked if two commissioners would be interested in
serving on a task force regarding excess city-owned land. She said four
meetings will be held during February and March. Ms. Erickson said the
task force would be making recommendations regarding 20 parcels.
Claudia Johnston-Madison, Robert Kramer, and Chair Robertson indicated
they were interested in serving on the task force
6. Communications
A. Board of Zoning Appeals agenda November 30, 2004
St. Louis Park City Council Meeting
011805 - 4d - Planning Commission Minutes of 12-1-04
Page 3
7. Miscellaneous
8. Adjournment
The Chair adjourned the meeting at 6:19 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
011805 - 4e - Housing Authority Minutes of December 8, 2004
Page 1
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, December 8, 2004
Westwood Room
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Andria Daniel, Steve Fillbrandt,
Anne Mavity, and Judith Moore
STAFF PRESENT: Sharon Anderson, Jane Klesk, and Michele Schnitker
1. Call to Order
Commissioner Courtney called the meeting to order at 5:02 p.m.
2. Approval of Minutes for November, 2004
The November 10, 2004 minutes were unanimously approved.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Approval of Public Housing Flat Rents
Ms. Schnitker explained that based on an analysis of the average market rents for St.
Louis Park reported in the 2004 Rental Study, and considering the fact that HA units
are modest and lack typical amenities normally found in the rental market, staff
recommends establishing public housing unit flat rents equal to 80% of fair market
rents (FMRs) for one-bedroom units, and 85% of HUD’s FMRs for three-, four- and
five-bedroom units. Two-bedroom unit flat rent would be equal to the amount
charged for market rate two-bedroom units at Louisiana Court. Commissioner Moore
moved to approve Resolution No. 531, Revisions to the Public Housing Leasing and
Occupancy Plan: Rent Calculations. Commissioner Daniel seconded the motion, and
St. Louis Park City Council Meeting
011805 - 4e - Housing Authority Minutes of December 8, 2004
Page 2
the motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity, and
Moore voting in favor.
b. Approval of Auditors Contract
Ms. Schnitker stated that since the HA has been satisfied with the auditing services
provided by Kern, DeWenter, Viere Ltd. (KDV), staff recommends entering into a
contract with KDV to provide the HA auditing services for fiscal year end March 31,
2005, at a fee of $7,650. Commissioner Mavity moved for Approval of Contract
Audit Services for Fiscal Year End March 31, 2005, and Commissioner Moore
seconded the motion. The motion passed 5-0, with Commissioners Courtney, Daniel,
Fillbrandt, Mavity, and Moore voting in favor.
c. Appointment of Housing Authority Representative to Excess Public Land Task Force
Ms. Schnitker explained that an Excess Public Land Taskforce is being established to
analyze and provide recommendations on the sale of City-owned parcels that may
possibly be sold for development of larger single-family homes or other purposes.
After discussion, Commissioner Mavity moved to appoint Commissioner Fillbrandt
as the Housing Authority representative to the Excess Public Land Task Force, and
Commissioner Daniel as the alternate. Commissioner Moore seconded the motion,
and the motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity,
and Moore voting in favor.
d. Louisiana Court Update
Ms. Schnitker provided an overview of the Louisiana Court Update reports previously
sent to the Commissioners, and explained that the City will continue to work with
PPL and US Bank in transitioning to new property management services.
Additionally, staff will monitor the development’s monthly financial and operational
status and notify Council if conditions warrant.
e. Agency Plan Review – no report
7. Communications from Executive Director
a. Claims List No. 12–2004
Commissioner Moore moved for ratification of Claims List No. 12–2004, and
Commissioner Fillbrandt seconded the motion. The motion passed 5-0, with
Commissioners Courtney, Daniel, Fillbrandt, Mavity, and Moore voting in favor.
b. Communications
1. Action Plan 2004 – Update
2. Update – Housing Summit
3. Monthly Report for December, 2004
4. Scattered-Site Houses and Hamilton House (verbal report)
St. Louis Park City Council Meeting
011805 - 4e - Housing Authority Minutes of December 8, 2004
Page 3
5. Draft Financial Statements
8. Other – None
9. Adjournment
Commissioner Mavity moved to adjourn the meeting, and Commissioner Daniel seconded
the motion. The motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt,
Mavity, and Moore voting in favor. The meeting was adjourned at 6:40 p.m.
Respectfully Submitted,
Anne Mavity, Secretary
St. Louis Park City Council Meeting
011805 - 4f - PRAC Minutes of November 17, 2004
Page 1
OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY COMMISSION
NOVEMBER 17, 2004 at 7 P.M.
REC CENTER BANQUET ROOM
MEMBERS PRESENT: Kirk Hawkinson, Richard Johnson, Steve Hallfin, Sarah
Lindenberg, Dana Strong, and Tom Worthington
MEMBERS ABSENT: Bruce Cornwall
STAFF PRESENT: Judie Erickson from Community Development, Gary Morrison
from Community Development, Stacy Voelker and Cindy Walsh
GUESTS PRESENT: Linda Thompson, PRAC applicant, Joshua Wert, developer, and
residents from Hannon Lake Neighborhood
1. Call to order
Mr. Worthington, Chair, called the meeting to order at 7:03 p.m.
2. Adjustments to the agenda
None.
3. Approval of Minutes from October 19, 2004
Mr. Hawkinson moved to approve the minutes from the October 19, 2004 meeting, Steve
Hallfin seconded. The motion passed 6-0.
4. New Business
A. Hannon Lake Park Dedication presented by Community Development
Mr. Worthington introduced Gary Morrison, Assistant Zoning Administrator, to
the Commission members and guests. Mr. Morrison briefly reviewed the parcels
and the request received to subdivide three parcels into nine single-family homes.
Mr. Morrison advised the application is incomplete at this time and as soon as it is
completed, the item will be presented before the Planning Commission. It is Mr.
Morrison’s intent to find out if the Parks and Recreation Advisory Commission
recommend accepting land or cash in lieu of land for the proposed development.
The Commission can accept 10% of land area or 19,014 square feet of land to be
dedication as park land or cash in lieu. If the Commission accepts cash in lieu of
land, $900 per lot created which totals $8,100 would go into the park
improvement fund. An additional $2,025 would also be put in a trail dedication
fund.
St. Louis Park City Council Meeting
011805 - 4f - PRAC Minutes of November 17, 2004
Page 2
Mr. Worthington inquired if the Commission recommended to take the 10% of
land, would they get to designate which portion they’d like as park land and what
it would be used for in which Mr. Morrison advised that was correct. Mr.
Worthington updated the Commission on the background of park dedication in
which the Commission has generally recommended cash in lieu in the past versus
taking the land as there may be an increase in maintenance and upkeep costs
associated with the land.
Mr. John Steffenhagen, a resident who lives at 9310 West 28th Street, introduced
himself to the Commission. Mr. Steffenhagen asked if the Commission
recommended land dedication, would the number of proposed parcels decrease.
Mr. Morrison advised land dedication could impact the number of units
constructed. Mr. Steffenhagen advised the Commission that the neighborhood
opposes the proposal as it changes the composition of the neighborhood and
increases the density. The residents advised Hannon Lake is already distressed and
very sensitive according to the MPCA. Mr. Steffenhagen recommends the
Commission take land dedication to protect the land that is not suitable for
development which would also protect the lake. A resident from the neighborhood
asked the Commission members to drive by the land to become familiar with the
parcels and indicated there would be no additional maintenance costs if the land
being dedicated were part of the wetland. Mr. Hallfin inquired on the uses of the
lake in which the residents indicated non-motorized only.
Mr. Johnson inquired where residents would like the land be dedicated as park
land. Mike Patrick, resident of 9206 West 28th Street, indicated the easterly
portion of the property should be dedicated to create a buffer between proposed
development and existing residents. Mr. Worthington questioned if the land
dedicated would be between the properties and the lake, would it be beneficial
since it would remove the property owners access to the lake. Ms. Walsh advised
property should be usable if dedicated. Mr. Morrison feels the wetland area is an
existing buffer. There was no consensus among the residents attending which
parcel should be dedicated as park land.
Mr. Wert, developer, indicated the wetland area is not usable land. He inquired on
the goals of park dedication and how it plays into the decision of the Commission.
Mr. Johnson clarified that members must find a reason to recommend land
dedication instead of the cash in lieu and briefly discussed maintenance issues that
may arise.
Mr. Morrison advised that staff is contemplating extending the existing 35 foot
buffer or conservation easement to protect the wetland. Staff will make decision
when application is complete. This would be in addition to the park dedication.
Mr. Hawkinson suggested the neighborhood discuss their issues directly with the
developer. Mr. Steffenhagen advised they have discussed their issues with the
developer but feels they have an uncooperative relationship. Mr. Wert, developer,
indicated the land was chosen due to the topography, proximity to the lake, and
St. Louis Park City Council Meeting
011805 - 4f - PRAC Minutes of November 17, 2004
Page 3
that minimal oak trees would need to be removed. Mr. Wert feels there is a need
for single family homes in St. Louis Park and would like the homeowner to access
the lake. Residents in the neighborhood expressed their concern of increased
density in the neighborhood, and increased traffic in the ‘gateway’ to a dead end
street. Mr. Steffenhagen advised he has information on a traffic study done in that
area.
Mr. Strong recommended cash in lieu as he doesn’t feel there is any usable or
practical land. The members discussed and agreed to visit the land prior to making
a decision. Mr. Hallfin motioned to table the Hannon Lake dedication to their
December 15th meeting, Mr. Hawkinson seconded. The motion passed 5-1 (Mr.
Johnson opposed).
B. Brookside School Park Dedication presented by Community Development
Judie Erickson, Planning Coordinator, reviewed the Brookside School
redevelopment area with the Commission members. Ms. Erickson advised the
walking bridge will remain and a sound wall will be installed on the west side of
Highway 100. Ms. Erickson explained to the Commission that 46 units will be
built which would result in 20% of the land or $900 per unit cash in lieu. If cash
in lieu was chosen, $41,400 plus $225 per unit for trail dedication would go into
the park dedication fund. Ms. Walsh advised the neighborhood is in agreement
with proposal. Ms. Erickson informed the Commission the City Council approved
the proposal at their November 15 meeting contingent upon the Park and
Recreation Advisory Commissions decision. The neighborhood was pleased the
school building is being retained and reused.
Mr. Johnson motioned to take the cash in lieu of the land in the Brookside School
Development. Ms. Lindenberg seconded. The motion passed 6-0.
C. 2005 Commission Goal Discussion
Ms. Lindenberg would like the Commission to continue holding the staff
appreciation breakfast annually. She also suggested having a drive-in movie
activity at a park which was suggested in the Mayors Youth Summit. A screen and
movies could be rented, along with providing concessions for the event. Ms.
Lindenberg reminded members that Children First can do coaches training. The
program is approximately one-half hour long and can be adjusted to fit our needs.
Mr. Hawkinson suggested utilizing the parks more for events. He suggested a
campfire sponsored by the Boy Scouts or Girl Scouts in which donations would be
sought for the supplies needed (marshmallows, etc.). Mr. Hawkinson suggested
working with the neighborhood associations on a campfire program.
Mr. Johnson would like to expand the fund raising events for the scholarship fund.
He suggested including a donation bucket at the annual twilight swim and give
businesses a flyer or return envelope on how to donate to the scholarship fund. He
also suggested expanding food in the concession stand for the twilight swim. Mr.
St. Louis Park City Council Meeting
011805 - 4f - PRAC Minutes of November 17, 2004
Page 4
Johnson and members suggested more fund raising options which included winter
skating, a bonfire, and raffles in conjunction with fund raising events.
Mr. Strong suggested finding a permanent off-leash dog park. He also would like
to promote better sports attitudes by sponsoring sports advocate programs or free
clinics as per the Code of Conduct. This could be done in conjunction with the
youth sports summit annual meeting. Mr. Strong would also like the Commission
to work more closely with the youth sports associations which would include
attending some of their monthly meetings.
Mr. Worthington would like to continue having the associations meet annually
and to implement the Code of Conduct. He would also like to establish a
permanent off-leash dog park. Mr. Worthington inquired if the CIP could go out
farther than five years in which Ms. Walsh advised the Council only approves
Capital Improvement Projects for the next five years. Mr. Worthington would like
park usage to be explored. He would like to arrange a 5K run as a fund raiser for
the scholarship fund. Mr. Worthington suggested Commission members be
involved in the Task Force discussing park owned property and to have the
Commission’s monthly meetings in different park locations.
Mr. Hallfin suggested reviewing and revising the fee for non-resident softball
teams as an income generator. He suggested the fee should be $10 or $15 per
person fee similar to what New Hope and Brooklyn Center has.
Ms. Voelker will type a 2005 Goal List and members will discuss at their
December 15th meeting.
D. Discuss 2005 Building Replacements at Browndale and Birchwood Parks
Ms. Walsh distributed a model picture and amenities of park shelter buildings
which will be located in Browndale and Birchwood Parks. Mr. Strong inquired on
the acoustics issue in the Louisiana Oaks Park Pavilion and if that issue will be
addressed in future park buildings. Ms. Walsh advised building use must be
determined prior to installing acoustic panels due to their cost.
5. Old Business
None.
6. Communications
A. Chair
None.
B. Commissioners
Mr. Strong advised he is working on the draft of the letter to the associations and
should get it to members shortly for review. Members discussed the date for the
annual Youth Association meeting and decided on Thursday, January 20, 2005.
St. Louis Park City Council Meeting
011805 - 4f - PRAC Minutes of November 17, 2004
Page 5
Ms. Voelker will draft the letter inviting the associations and members will review
it at their December meeting.
C. Program Report
None.
D. Director’s Report
Ms. Walsh advised the members of the report that will go to Council on
November 22 regarding the creation of a task force for the off-leash dog park. To
date there have been 122 permits sold. Ms. Walsh indicated staff tried to acquire
two or three representatives from different locations in the City for the task force.
After Council approval, task force members will be contacted and advised it will
be a working task force. The task force will collect data, address fears and make
recommendation to Council by June of 2005. Ms. Walsh would like a Parks and
Recreation Advisory Commission member on the off-leash dog park task force
and on the City owned property task force. Members will discuss at their
December 15th meeting. Mr. Johnson inquired on the demographics of the permit
holders and was advised that may be a research item for the task force.
7. Adjournment
Moved by Mr. Worthington and seconded by Mr. Strong to adjourn. The motion passed
6-0. With no further business, the Commission adjourned at 8:45 p.m.
Minutes prepared and
respectfully submitted by,
Stacy M. Voelker
Recording Secretary
St. Louis Park City Council Meeting
011805 - 4g - BOZA Minutes of 11-30-04
Page 1
MINUTES OF NOVEMBER 30, 2004
BOARD OF ZONING APPEALS
CITY OF ST. LOUIS PARK
The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on
Tuesday, November 30, 2004, at St. Louis Park City Hall, 5005 Minnetonka Boulevard,
St. Louis Park, Minnesota.
Members Present: Chair Susan Bloyer
Vice Chair Ryan Burt
Commissioner James Gainsley
Commissioner Paul Roberts
Members Absent: Commissioner Tom Powers
Staff Present: Meg McMonigal, Planning and Zoning Supervisor
Gary Morrison, Assistant Zoning Administrator
Tara Olson, Community Development Secretary
1. CALL TO ORDER – ROLL CALL
Chair Bloyer called the regular meeting to order at 7:02 p.m.
2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES
Motion by Commissioner Gainsley, seconded by Commissioner Burt, to approve the following
minutes as presented:
1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated
September 23, 2004.
Motion Carried. Voting Yes: Bloyer, Burt, Gainsley, and Roberts. Voting No: None.
3. CONSENT AGENDA
None
4. PUBLIC HEARINGS/COMMITTEE BUSINESS
A. Case No. 04-59-VAR – The request of Hanna Bloomfield & Robert Karasov for a
variance from the requirements of Section 36-163(f)(5) of the Ordinance Code relating to
zoning to allow the construction of a third stall garage with a 21 foot rear yard instead of
the required 35 foot rear yard for property located in the R-1 Single Family Residential
District at 4101 Sunset Boulevard.
St. Louis Park City Council Meeting
011805 - 4g - BOZA Minutes of 11-30-04
Page 2
In as much as staff believes that all of the 7 criterion have been satisfied staff recommends
approval of the attached Resolution #07-04 approving a 4 foot variance to the 25 foot rear yard
based on the findings in the Resolution.
Mr. Morrison stated that the applicants’ home was constructed in 1939 on what today is
considered to be a corner lot. When this home was built, however, a corner lot was defined as
follows: A corner lot is a lot of which at least two adjacent sides abut for their full length upon a
street and having a width not greater than eighty (80) feet. An interior lot was defined as
follows: An interior lot is a lot other than a corner lot.
Since this lot is 100 feet in width, it was considered to be an interior lot, not a corner lot, and the
home builder had the choice of which side to claim as a front yard. In this case, the home builder
chose Huntington to be the front yard. This decision resulted in the west property line being the
rear yard (today considered to be an interior side yard), the south property line being the interior
side yard (today considered to be the rear yard) and the north property line the side yard abutting
a street (today considered to be the front yard).
Some time after the home was constructed, the determination of how a front yard was determined
for corner lots was changed to that which exists today, that being as follows: Lot line, front,
means that boundary of a lot which abuts a street. In the case of a corner lot, it shall be the
shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line
shall be designated by the owner and filed in the office of the division of inspections. If a parcel
has multiple sides on more than two street frontages, the front lot line shall be determined by the
zoning administrator.
Commissioner Gainsley asked staff if the applicants current front yard were to be the same as the
original front yard would a variance still be required.
Mr. Morrison stated that only 6 feet would be required which does not require a variance.
Chair Bloyer asked staff if the applicants were to choose Sunset Boulevard to be the front yard
which is the longer of the two would it meet the setback requirements?
Mr. Morrison stated that if Sunset Boulevard were the front yard a six foot setback would be
required.
With no more questions, Chair Burt opened the public hearing.
Robert Karasov, applicant of 4101 Sunset Boulevard, agreed with the staff report and decided not
to speak unless the Board had any questions.
St. Louis Park City Council Meeting
011805 - 4g - BOZA Minutes of 11-30-04
Page 3
Commissioner Gainsley is in favor of granting the variance due to the change in city code and
would like to point out that the lose of trees are not a hardship.
Commissioner Burt agrees with Commissioner Gainsley to approve the variance but disagrees
with staff that the lose of trees and family size are not a hardship.
Chair Bloyer feels the applicant property is a peculiar shape and feels move up housing is a goal
the city has been working towards and would like to approve the variance.
Motion by Commissioner Gainsley, seconded by Commissioner Burt, to approve Resolution No.
07-04 to allow a variance from Section 36-163(f)(5) of the zoning Ordinance to allow the
construction of a third stall to an attached garage with a rear yard of 21 feet instead of the
required 25 feet for property located in the R-1 Single Family District.
Motion Carried. Voting Yes: Bloyer, Burt, Gainsley, and Roberts. Voting No: None.
B. Case No. 04-60-VAR – The request of Ronald & Stephania Greve for a variance
from the requirements of Section 36-73(b)(2) of the Ordinance Code relating to zoning to
allow the construction of an addition with eaves that are 2 feet from the side property line
instead of the required 4 feet for property located in the R-2 Single Family Residential
District at 3730 Inglewood Avenue South.
In as much as staff believes that only 3 of the 7 criterion have been satisfied staff recommends
approval of the attached Resolution denying a 2 foot variance to the 4-foot side yard required for
eaves based on the findings in the attached Resolution.
Commissioner Gainsley asked staff if they were able to find alternatives that would not involve a
variance.
Mr. Morrison stated that the applicants request for a 2 foot eave does look nice architecturally but
the applicant can still construct their addition with a 6 inch eave. Also, neighboring properties in
the area of the applicants have 6 inch eaves.
Commissioner Gainsley asked staff if a 6 inch eave overhang is adequate in our Minnesota snow
environment.
Mr. Morrison stated he spoke with the Inspections Department and they agreed that 6 inches was
sufficient.
Chair Bloyer asked staff if a 2 foot eave would be more energy efficient or decrease snow and
icicle accumulation during the winter months.
Mr. Morrison stated that the eave is located on the north side which is shaded; the applicants
request is an architectural preference.
St. Louis Park City Council Meeting
011805 - 4g - BOZA Minutes of 11-30-04
Page 4
Commissioner Burt asks staff if the neighboring properties with 6 inch eaves are one level homes
or add-on additions of a two story home.
Mr. Morrison stated that the neighboring 6 inch eaves are existing as-built.
With no more questions, Chair Bloyer opened the public hearing.
Ronald Greve, applicant of 3730 Inglewood Avenue South presented to the Board a written
statement which was read in its entirety (attached as Exhibit A) and a letter of support from
neighboring property owners Sapiro and Gheiler Family of 3726 Inglewood Avenue South
(attached Exhibit B).
Barbara McQuillan, neighbor at 3712 Inglewood Avenue South, would like to encourage the
Board to approve the variance request. Also she feels the addition is architecturally pleasing and
would like to see the family be able to construct a larger home to fit the family.
Greg Zipoy, neighbor at 3716 Inglewood Avenue South feels that a 6 inch overhang will not add
the architectural character to the home and feels this addition will enhance the neighborhood.
With no more questions, Chair Bloyer closed the public hearing.
Chair Bloyer stated she feels the lot size isn’t taken into account with the report, she feels the lot
is narrow which is creating a hardship and is in favor of granting the variance.
Commissioner Burt stated he agrees with Chair Bloyer. He feels that encouraging move-up
housing is important but many homes in St. Louis Park are non-conforming with today’s
standards which makes it almost impossible to remodel or create an addition to a home.
Commissioner Gainsley feels the width of the lot is not important to this project and that the
architecture is a matter of convenience and is not in favor of granting the variance. He feels the
applicant is able to get the reasonable use from his property just like others in his neighborhood
and by declining the variance the applicant is still able to construct the addition without the
architectural eave.
Commissioner Roberts agrees with Commissioner Gainsley, he’s not in favor of granting the
variance since the addition is a convenience, the lot is narrow but the applicants are able to
construct the addition without needing a variance.
Motion by Commission Gainsley, seconded by Commissioner Roberts, to approve Resolution
No. 08-04 to deny the request for a variance to permit a home with eaves that are 2 feet from the
side property line instead of the required 4 feet at 3730 Inglewood Avenue South.
St. Louis Park City Council Meeting
011805 - 4g - BOZA Minutes of 11-30-04
Page 5
Motion failed due to lack of majority vote. The application was denied on the bases that a
majority opinion could not be made.
Voting Yes: Chair Bloyer and Burt. Voting No: Gainsley and Roberts.
5. Old Business
None
6. New Business
None
7. Communications
None
8. Miscellaneous
None
9. Adjournment
Commissioner Gainsley moved and Commissioner Powers seconded the motion for
adjournment. The regular meeting of the Board of Zoning appeals adjourned at 7:50 p.m.
Respectfully Submitted,
Tara Olson
Community Development Secretary
St. Louis Park City Council Meeting
Item: 011805 - 4h - Appoint Rep to SW Corridor Advisory Committee
Page 1
4h. Motion to appoint Jim Brimeyer to the Southwest Corridor Policy Advisory
Committee
Background:
Hennepin County has request that St. Louis Park appoint a representative to the Southwest
Corridor Policy Advisory Committee. The committee is a policy group composed of elected
officials or designated representatives from the five affected cities (Eden Prairie, Minnetonka, St.
Louis Park, Hopkins and Minneapolis), Hennepin County Regional Railroad Authority, the
Metropolitan Council, Metro Transit, Southwest Metro Transit and the business communities.
The board will provide policy direction and information regarding community concerns/issues,
and communicate with community groups, elected officials, and other key stakeholders.
The group would meet at major milestone points during the Southwest Alternatives Analysis
(AA) Study. The group will meet approximately quarterly (maximum of six times) to review
information from the consultant, provide policy direction to the consultant and to the technical
advisory committee, and share information regarding policy level issues/concerns.
Membership of the committee is as follows:
Voting Members
Hennepin County Regional Railroad Authority 2 members
Minneapolis 1 member and 1 alternate
St. Louis Park 1 member and 1 alternate
Hopkins 1 member and 1 alternate
Minnetonka 1 member and 1 alternate
Eden Prairie 1 member and 1 alternate
Metropolitan Council 1 member and no alternate
Metro Transit 1 member and no alternate
Southwest Metro 1 member and no alternate
Three Rivers Park District 1 member and no alternate
Minneapolis Chamber 1 member and no alternate
Twin West Chamber 1 member and no alternate
Eden Prairie Chamber 1 member and no alternate
Council has requested that Mr. Brimeyer be appointed to this group and Mr. Brimeyer has
indicated his willingness to serve.
Prepared by: Cindy Reichert, City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 4i - Water Treatment Plant #4 Rehab
Page 1
4i. Bid Tabulation: Motion to designate EnComm Midwest, Inc. as the lowest
responsible bidder and authorize execution of a contract with the firm in the amount
of $188,188.00 for Water Treatment Plant #4 Filter Rehabilitation, Project No.
20041301
Background: Bids were received on Tuesday, December 21, 2004 for the rehabilitation of Water
Treatment Plant #4. Under this project, the filter media will be replaced, chemical injection equipment
for iron and radium reduction will be installed, and additional electrical equipment and controls will be
installed. At the November 15th Council meeting, the City Council authorized staff to solicit bids for
this work. At that time the engineers estimate for the project was noted as being approximately
$98,000. Unfortunately, due to a staff error the feasibility report submitted to the City Council on
November 15, 2004 did not include costs for removal of the filter media, installation of the new media,
nor the electrical controls required to operate the new chemical equipment. Including these items
increases the Engineer’s estimate to $178,000.
This error occurred as staff and our consultant utilized the lump sum contract method (one bid item for
the entire contract) vs. the normally used line item contract method (multiple line bid items for specific
items of work required). Staff does not normally utilize the lump sum contract method for a variety of
reasons. Involved staff have reviewed how this happened and have implemented measures to
minimize or prevent this type of error in future projects.
Bids: A total of two (2) bids were received for this project. An advertisement for bids was published in
the Sun Sailor on November 25, 2004 and December 2, 2004 and in the Construction Bulletin on
November 26, December 3 and 10, 2004. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
EnComm Midwest, Inc. $188,188.00
Magney Construction $218,700.00
Revised Engineer’s Estimate $178,000.00
Evaluation of Bids: A review of the bids indicates EnComm Midwest, Inc submitted the lowest
responsible bid. The City’s consultant, Howard R. Green Company, has reviewed the contractor’s
qualifications and has determined that they are qualified to perform the work necessary to complete the
project.
Financial Considerations: These improvements have been previously planned for, included in the
City CIP, and are being funded by the Water Utility Fund. This error on the estimated project cost is
not a problem or financial concern as the total cost above was actually included in our long term
planning, the CIP, and our Utility Fund financial projections, it was just inadvertently missed in the
feasibility report of November 15, 2004.
Construction Timeline: Construction will begin in February and be completed by the end of April,
2005.
Prepared By: Scott E. Anderson, Superintendent of Utilities
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 4k - Knutsen Recognition Resolution
Page 1
RESOLUTION NO. 05-010
RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK,
MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF
AND EXPRESSING APPRECIATION TO GREGORY KNUTSEN
WHEREAS, Gregory Knutsen began his employment with the City of St. Louis Park over 34 years
ago on August 3, 1970; and
WHEREAS, through his commitment and professionalism, Greg has earned the respect of peers,
citizens, and neighboring municipalities; and
WHEREAS, Greg has dedicated most of his adult life keeping the streets of St. Louis Park free of
potholes, leaves, fallen street signs, and of course, snow and ice; all-the-while rising through the ranks
from general laborer to superintendent for two different Public Works divisions; and
WHEREAS, Greg has held every chair position, including President, in the Minnesota Public Works
Association, a professional agency with nearly 800 members; and
WHEREAS, Greg will spend even more time traveling, golfing, fishing, hunting and most
importantly enjoying his grandchildren;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, would like to thank Gregory Knutsen for his great
contributions and 34 years of dedicated service to the City of St. Louis Park and wish him the best in his
retirement.
Reviewed for Administration: Adopted by the City Council January 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 1
6a. Public Hearing to Consider 2005 Utility Rates
First reading of an ordinance setting 2005 rates charged for Water, Sanitary Sewer,
Solid Waste, and Storm Water Utility.
Recommended
Action:
Mayor to close public hearing. Motion to approve 1st reading of
an ordinance setting 2005 rates charged for Water, Sanitary
Sewer, Solid Waste, and Storm Water Utility and set second
reading for February 7, 2005.
Background:
The City of St. Louis Park operates four (4) utility funds. These funds are classified as
Enterprise Funds and were established to account for the acquisition and operation of water,
sanitary sewer, solid waste, and storm water utilities which are either entirely or predominantly
self-supporting from user charges to the general public.
In 2004, rates for Enterprise (Utility) Funds were increased based on a five-year analysis of
projected revenues, expenses, and infrastructure improvements. The five-year analysis has been
reviewed, analyzed, and updated based on current projections. When projecting five years of
operations, the use of estimates is required. Information for these estimates was obtained from
the five-year Capital Improvement Program, the Metropolitan Council, the fee study conducted
in 2004 (calculation of administrative and overhead fee charges), and staff estimates. As part of
the five-year forecast, a three-month reserve of revenues has been set aside in each Utility to
ensure sufficient cash flows are available.
Each Utility Fund will be discussed below indicating if staff is recommending a rate increase, if
the rates should remain stable, and the reasoning behind each of the recommendations. In
addition, a Customer Impact analysis based on implementing the recommended rate increases is
shown. The impact analysis is based on different levels of service for residential households.
Water:
Staff is recommending no increase for 2005. This is a change from the 2004 five-year forecast.
The 2004 five-year forecast indicated that a 2.1% increase would be necessary. Based on new
estimates, it is recommended that no increase be implemented in 2005 and that the following
increases be implemented in 2006 – 2009.
2006 2007 2008 2009
3.00%2.50%2.50%2.50%
During 2004 and 2005, the Water Fund did and will transfer money to the Pavement
Management Program. The transfer of these funds is a reserve reduction and was part of the
implementation plan of the Pavement Management Program. Beginning in 2006, the Water
Fund will no longer transfer funds to the Pavement Management Program. During the 2004
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 2
budget process, Council indicated that the Pavement Management Program would be supported
by both the Water and Sanitary Sewer Fund for a period of two years and then the support would
be replaced by an additional charge to the end user.
The Water Utility long term capital improvement is under development. Once this program is
fully developed, long-term projections will be modified. Mike Rardin, Public Works Director,
has indicated that the Water Utility shows the highest risk for future repairs/replacements and
therefore the long-term capital program is extremely critical. Staff will continue to update
Council on the progress of the Capital Program.
Staff is also recommending including meter rates for the direct sale of meters as well as the sale
and installation of meters in the fee ordinance. Previously, these rates have not been included as
part of the fee ordinance as they were considered to be fees established by individual
departments. To be certain there is a clear understanding of fee structures, staff is
recommending including these fees be included in the ordinance.
Sanitary Sewer:
Staff is recommending a rate increase of 5%. This increase is to account for the rising costs of
sewer disposal, capital needs, and the depletion of reserves. For many years, this fund has
operated at a deficit in order to deplete the reserves to an appropriate amount. At this time, a
capital program is in place and a forecast of liquidity has been completed through the year 2011.
Reserves will continue to be reduced each year through the year 2010. Based on the forecast, the
fund will begin to break-even beginning in 2011. The operations forecast as well as the rate
increases are indicated below.
2005 2006 2007 2008 2009 2010 2011
Revenues 4,291,077$ 4,496,957$ 4,702,609$ 4,927,128$ 5,166,004$ 5,394,387$ 5,635,889$
Expenses 5,102,322 5,307,791 5,124,828 5,213,883 5,304,673 5,397,232 5,491,599
Net Income (Loss)(811,245)$ (810,834)$ (422,219)$ (286,755)$ (138,669)$ (2,845)$ 144,290$
Projected Rate Increase 5.00%5.00%5.00%5.00%5.00%4.50%4.50%
Retained Earnings:
Reserved for Cash flow 1,072,769$ 1,124,239$ 1,175,652$ 1,231,782$ 1,291,501$ 1,348,597$ 1,408,972$
Reserved for Capital
Improvements 1,906,018 1,043,714 570,082 227,197 28,809 (31,132) 52,783
Total Reserves 2,978,787$ 2,167,953$ 1,745,734$ 1,458,979$ 1,320,310$ 1,317,465$ 1,461,755$
The sanitary sewer fund has also been responsible during 2004 and again in 2005 for providing
funds to the Pavement Management Program. Like the Water fund, this transfer of funds will
end at the end of 2005.
Storm Water Utility:
The Storm Water Utility fund was established in May of 2000 to fund the Storm Water
Management Program. In order to charge landowners for their use of the storm water system
and surface water management, it was necessary to develop a formula that would fairly equate
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 3
the property based upon its’ impervious surface. A higher impervious surface, such as
commercial property, generates more run off and would use the storm water system more than
less impervious surfaces such as a residential property. Therefore, the formula used to calculate
commercial property includes a residential equivalency factor (REF) based upon the type of
property. The current rate of this program is $7.20 per quarter for a single family home, which
is assumed to be 1/5th of an acre. Commercial property would be at the same rate but based upon
the formula mentioned above.
Staff is recommending no increase in 2005. This recommendation is based on operational as
well as project costs that have been projected. When the five-year forecast was presented to
Council in 2003, it was indicated that the $7.20 per quarter should be sufficient through the year
2008. Given the number of additional flood proofing and capital projects that have since been
identified, the forecast no longer indicates this to be true. At this time, staff is recommending the
following increases for the years 2006 – 2008.
2006 2007 2008 2009
3.50%3.00%3.00%3.00%
As we move forward with the Storm Water Utility Fund, maintenance costs will increase and we
anticipate that once the major capital projects are completed, capital costs will decrease. We will
need to monitor this fund closely to ensure that adequate funds are available.
Solid Waste:
Late in 2003, the new Solid Waste contract was approved and a new structure for rates was
established. Since that time, the rate structure has been modified to include different levels
service that exceeds the 90 gallon barrel. The new rates for the extra services were implemented
in October, 2004.
For 2005, staff is recommending a rate increase equal to $2.00 per quarter plus applicable taxes.
As part of the contract discussions, the status of the Solid Waste Fund was reviewed.
Historically, the Solid Waste Fund has been intentionally drawing down on reserves.
At some point during contact discussions, it was indicated that this fund should break even by
the end of the new contract period. Staff has analyzed this fund to determine if this is feasible
when considering the impact on users.
The chart below outlines the net losses of the Solid Waste fund for 2002 and 2003, as well as
projects the amount of loss for 2004 – 2008. The projections are based on rate increases listed
below the net loss numbers.
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 4
2002 Actual 2003 Actual 2004 Projected 2005 Projected 2006 Projected 2007 Projected 2008 Projected
Revenues 1,861,061$ 2,022,656$ 1,969,604$ 2,067,396$ 2,167,467$ 2,282,303$ 2,397,967$
Expenses 2,272,680 2,753,832 2,410,489 2,466,232 2,537,638 2,611,121 2,686,743
Net Loss (411,619)$ (731,176)$ (440,885)$ (398,836)$ (370,171)$ (328,818)$ (288,776)$
Rate Increase 0.00%0.00%
Change in Rate
Structure 5.30%5.10%6.00%5.70%
Retained Earnings:
Reserved for Cash
Flow -$ 475,000$ 492,401$ 506,849$ 531,297$ 561,857$ 592,417$
Unreserved 3,684,827 2,478,651 2,020,365 1,607,081 1,212,462 853,084 533,747
Total Reserves 3,684,827$ 2,953,651$ 2,512,766$ 2,113,930$ 1,743,759$ 1,414,941$ 1,126,164$
Solid Waste
As indicated in the spreadsheet, by increasing the rates, the amount of loss beginning in 2005 is
reduced. Staff has projected rate increases and net gains (losses) out to 2012. If Council
increases rates again in the years 2009 – 2012 by approximately 6.5% per year, the fund will
break even in the year 2012.
Other:
In order to see the entire picture of the recommended rate increases, staff has prepared an outline
identifying individual utility rates and total billings. The rates included below include applicable
taxes.
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 5
2004 2005 Change
Percent
Change
Water 43.36$ 43.36$ -$ 0.00%
Sewer 35.35 37.12 1.77 5.01%
Solid Waste 43.35 45.47 2.12 4.89%
Storm Water 7.20 7.20 - 0.00%
Total 129.26$ 133.15$ 3.89$ 3.01%
2004 2005 Change
Percent
Change
Water 20.42$ 20.42$ -$ 0.00%
Sewer 27.63 29.01 1.38 4.99%
Solid Waste 43.35 45.47 2.12 4.89%
Storm Water 7.20 7.20 - 0.00%
Total 98.60$ 102.10$ 3.50$ 3.55%
Average Individual Quarterly Utility Bill
Average Family of 4 Quarterly Utility Bill
Conclusion:
Staff recommends increases the Sanitary Sewer Utility rates by 5% and the Solid Waste rates by
$2.00 barrel plus applicable taxes. Staff also recommends no increase for the Storm Water and
Water Utilities. Staff has tried to keep utility increases to a minimum and still maintain a
conservative fiscal approach, recognizing it is better to prepare in advance for financing of
improvements that are needed in the future.
Attachments: Ordinance
Prepared By: Jean D. McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 6
ORDINANCE NO. ______ - 05
AN ORDINANCE SETTING 2005 RATES FOR
WATER, SEWER, SOLID WASTE AND STORMWATER UTILITIES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Sec. 1. Section 32-31 of the Municipal Code states that rates due and payable to the city
by each water user for billings on or after February 26, 2001, for water taken from the city water
supply system shall be set from time to time by the city. The 2005 Water and Service Charge is
hereby set as follows:
Meter Size Code Meter Size
(in inches)
Monthly Quarterly
1 5/8 $ 3.63 $ 5.60
2 3/4 4.08 6.80
3 1 5.27 9.96
4 1 1/2 7.77 16.82
5 2 11.27 26.04
6 3 19.82 49.03
7 4 33.42 79.38
9 6 64.58 155.56
$0.71688 per 100 cubic feet
100 cubic feet = 750 gallons = 1 unit
Sec. 2. Section 32-98 of the City Code states that charges for sewer service to residential
and nonresidential users within the city provided in section 32-97 for billings on or after
February 26, 2001, shall be an amount per 100 cubic feet of water consumption set by the city
from time to time. The 2005 Sewer and Service Charge Rates are hereby set as follows:
$1.6212 per 100 cubic feet of water consumption during the winter quarter
$3.55 Monthly and $10.65 Quarterly – Service Charge
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 7
Sec. 3. Section 32-142 of the City Code states that fees for the use and availability of the
storm sewer system shall be determined through the use of a Residential Equivalent Factor
(REF). The 2004 Stormwater Utility Residential Equivalent Factor (REF) is hereby set as
follows:
2004 = $7.20 REF
Sec. 4. Section 22-32 through section 22-27 of the City Code address Garbage Collection.
The 2005 Garbage rates are hereby set as follows:
22-33 Special pickup (refuse/recycling/yard
waste)
$15 each
22-34 Extra Cart
30 Gallon $40 each
60 Gallon $44 each
90 Gallon $48 each
22-35 Extra refuse stickers $2.25 quarterly
22-37 Refuse/Garbage Service Rate (includes
tax)
30 Gallon $34.89 quarterly
60 Gallon $45.47 quarterly
90 Gallon $56.04 quarterly
90P (120 - 180 Gallon) $66.62 quarterly
270 Gallon $86.61 quarterly
360 Gallon $106.61 quarterly
450 Gallon $126.61 quarterly
540 Gallon $146.62 quarterly
22-37 Yard Waste Credit $3.00 Quarterly
22-37 Extended absence 31% credit for the # of weeks absent (per table below)
Number of
Weeks Absent
30 Gallon 60 Gallon 90 Gallon 90+ Gallon
1 $0.00 $0.00 $0.00 $0.00
2 $0.00 $0.00 $0.00 $0.00
3 $0.00 $0.00 $0.00 $0.00
4 $0.00 $0.00 $0.00 $0.00
5 $3.90 $5.20 $6.40 $7.70
6 $4.70 $6.20 $7.70 $9.20
7 $5.50 $7.20 $9.00 $10.80
8 $6.30 $8.30 $10.30 $12.30
9 $7.00 $9.30 $11.60 $13.80
10 $7.80 $10.30 $12.90 $15.40
11 $8.60 $11.40 $14.10 $16.90
12 $9.40 $12.40 $15.40 $18.50
13 $10.20 $13.40 $16.70 $20.00
14 $10.90 $14.50 $18.00 $21.50
15 $11.70 $15.50 $19.30 $23.10
St. Louis Park City Council Meeting
011805 - 6a - 2005 Utilities Rates
Page 8
16 $12.50 $16.50 $20.60 $24.60
17 $13.30 $17.60 $21.90 $26.10
18 $14.10 $18.60 $23.10 $27.70
19 $14.90 $19.60 $24.40 $29.20
20 $15.60 $20.70 $25.70 $30.80
21 $16.40 $21.70 $27.00 $32.30
22 $17.20 $22.70 $28.30 $33.80
23 $18.00 $23.80 $29.60 $35.40
24 $18.80 $24.80 $30.90 $36.90
25 $19.50 $25.80 $32.20 $38.50
26 $20.30 $26.90 $33.40 $40.00
22-37 Late payment penalty 10% of amount due (quarterly)
Sec 5. The Rates set in section 1, section 2, section 3, and section 4 above shall be included in
Appendix A of the City Code with other fees and charges called for by ordinance.
Sec 5. This ordinance shall become effective 15 days after its publication
Adopted by the City Council January 18, 2005
Reviewed for Administration
City Manager Mayor
Attest:: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
011805 - 6b - Amend Franchise Fee Ordinances
Page 1
6b. Public Hearing to Consider: 1st Reading of an ordinance amending Ordinance
#2044-03 relating to franchise fees imposed on Centerpoint Energy Minnegasgo;
and, 1st Reading of an ordinance amending Ordinance #2045-03 relating to
franchise fees imposed on Xcel Energy.
These ordinances amend the franchise fee ordinances to allow collection of permit fees
in addition to franchise fees.
Recommended
Action:
Mayor to close the public hearing.
1. Motion to approve first reading of an ordinance amending
Ordinance #2044-03 relating to franchise fees and set second
reading for February 7, 2005.
2. Motion to approve first reading of an ordinance amending
Ordinance #2045-03 relating to franchise fees and set second
reading for February 7, 2005.
Background:
St. Louis Park currently has franchise agreements with three utilities; CenterPoint Energy (CPE),
Excel Energy and Time Warner Cable (TWC). MN Statute 216B.36 grants cities authority to
obligate these utilities to pay a franchise fee to defray increased municipal costs accruing as a
result of utility operations or to raise revenue. Time Warner has paid franchise fees since 1989.
Council acted to impose franchise fees on CPE and Excel in January of 2004.
Prior to 2004, the city had collected street opening permit fees from all three franchisees, as well
as from the city’s water, sewer, stormwater and solid waste enterprise funds and all other users of
the right of way. The gas and electric franchise fee ordinances contain language which states
that the franchise fees would be collected “in lieu of” other permit fees normally imposed on the
company. Unfortunately, the language should have read that franchise fees would be collected
“in addition to” other permit fees. These ordinances propose to correct this error by revising the
franchise fee ordinances.
Purpose of Fees:
Franchise fees are intended to off-set costs to the city of maintaining, reconstructing and
repairing our infrastructure system which houses or supports the utilities’ delivery systems. The
franchise fee is essentially a user fee paid to the city by the utility and the entire amount of those
fees is passed along directly to the customers of the franchised utility.
Permit fees cover the cost of engineering and inspection services, and other administrative costs
associated with issuing a permit that are incurred by the city. All entities and individuals which
perform work in the right of way are required to obtain this permit and to pay a fee which
correlates to the type and frequency of work being performed in the right of way. The payment
of permit fees is an important component in holding those who work in our right of way
St. Louis Park City Council Meeting
011805 - 6b - Amend Franchise Fee Ordinances
Page 2
accountable for the quality and timeliness of their work. The permit fee is a direct cost to the
company and presumably is passed on to the customer ultimately through their monthly billing
for gas usage.
The public works and finance departments plan to evaluate permit fees in 2005. Fees will be
reviewed in terms of city costs and we anticipate changes to the fee structure itself which relate
technological advances in the way street openings and excavations are performed.
Terms of Franchise Agreements:
The City and Excel Energy renegotiated a 20-year Electric Utility Franchise Agreement in 1997.
That agreement specifically states that if franchise fees are imposed, the city will not collect
additional permit fees. However, when the Gas Utility Franchise Agreement was renegotiated
in 2003, the city recognized the need to revise that language and the 10-year Gas Utility
Franchise Agreement does allow the city to collect permit fees.
Therefore, if council adopts these revisions, the city will be able to collect permit fees from
Centerpoint Energy, but will not be allowed to collect permit fees from Excel Energy until a new
Electric Utility Franchise Agreement is negotiated. Despite the fact that fees cannot be collected
from Excel Energy, we are recommending that both franchise fee ordinances be revised so that
fees can be collected from Centerpoint and as notice of our intent to modify Excel’s franchise
agreement at a future date.
There has been opposition to this ordinance revision due to the perceived unfairness of collecting
permit fees from one utility and not from another. The city’s intent when imposing the new
franchise fees was not to excuse these franchisees from their obligation to pay other permit fees
to the city. We already collect the fees from Time Warner and the city’s utilities, we intend to
reinstate Centerpoint’s obligation to pay permit fees with the proposed ordinance revision, and
we intend to begin collecting from Excel after renegotiation of the underlying franchise
agreement.
Any perceived differential treatment is a result of the different term lengths and renewal dates of
each agreement and the city is taking the necessary steps to move toward consistency in all of
our franchise agreements as those term dates allow. The Time Warner franchise agreement
currently in negotiation will have corresponding language clarifying their obligation to pay these
other permit fees to the city.
Joel Jamnik, of Campbell Knutson has forwarded the attached memo which speaks to the legal
issues surrounding this ordinance revision.
Practice in Other Cities
According to CPE, 22 other cities collect franchise fees, and of those cities the following also
collect permit fees: Coon Rapids, Deephaven, Hopkins, Lake Crystal, Little Falls, Mound,
Oakdale, Robbinsdale and Waseca.
St. Louis Park City Council Meeting
011805 - 6b - Amend Franchise Fee Ordinances
Page 3
Process
The process for revising the Franchise Fee Ordinances is identical to that used when they were
originally adopted. A notice and copy of the proposed ordinance was delivered by certified mail
to the franchisees and the ordinance will not become effective until 60 days after another notice
is served by certified mail enclosing the ordinance as adopted. Following the public hearing, a
second reading will be held on February 7th and staff expects the new provisions to be in effect
no later than April 15th.
Attachments: Ordinances
Memo from Joel Jamnik
Correspondence from CenterPoint Energy
Correspondence from Excel Energy
Comparison of SLP Franchise Agreements
Prepared By: Cynthia Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 6b - Amend Franchise Fee Ordinances
Page 4
ORDINANCE NO. ______________ - 05
AN ORDINANCE AMENDING ORDINANCE NO. 2244-03
REGARDING FRANCHISE FEES
CENTERPOINT ENERGY MINNEGASGO
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. St. Louis Park City Ordinance No. 2244-03, paragraph four, is hereby
amended as follows:
WHEREAS, the City desires to impose a franchise fee in lieu of addition to any permit or
other fees imposed on the Company;
SECTION 2. All other provisions of Ordinance No. 2244-03 remain as stated upon
adoption.
SECTION 3. This ordinance shall be effective 60 days after service on the
Company by certified mail of written notice enclosing the ordinance as adopted.
ADOPTED this 7th day of February, 2005, by the City Council of the City of St. Louis.
Reviewed for Administration Adopted by City Council February 7, 2005
____________________________________ ____________________________________
City Manager Mayor
Attest: Approved as to Form and Execution:
____________________________________ ____________________________________
City Clerk City Attorney
St. Louis Park City Council Meeting
011805 - 6b - Amend Franchise Fee Ordinances
Page 5
ORDINANCE NO. ______________ - 05
AN ORDINANCE AMENDING ORDINANCE NO. 2245-03
REGARDING FRANCHISE FEES
EXCEL ENERGY
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. St. Louis Park City Ordinance No. 2244-03, paragraph three, is hereby
amended as follows:
WHEREAS, the City desires to impose a franchise fee in lieu of addition to any permit or
other fees imposed on the Company;
SECTION 2. All other provisions of Ordinance No. 2244-03 remain as stated upon
adoption.
SECTION 3. This ordinance shall be effective 60 days after service on the
Company by certified mail of written notice enclosing the ordinance as adopted.
ADOPTED this 7th day of February, 2005, by the City Council of the City of St. Louis.
Reviewed for Administration Adopted by City Council February 7, 2005
____________________________________ ____________________________________
City Manager Mayor
Attest: Approved as to Form and Execution:
____________________________________ ____________________________________
City Clerk City Attorney
St. Louis Park City Council Meeting
011805 - 6b - Amend Franchise Fee Ordinances
Page 6
COMPARISON OF FRANCHISE AGREEMENTS - PERMIT FEES
216B.36 Municipal regulatory and taxing powers. Any public utility furnishing the utility services enumerated in section 216B.02 or occupying streets, highways, or other public property within a
municipality may be required to obtain a license, permit, right or franchise in accordance with the terms, conditions, and limitations of regulatory acts of the municipality, including the placing of distribution
lines and facilities underground. Under the license, permit, right, or franchise, the utility may be obligated by any municipality to pay to the municipality fees to raise revenue or defray increased municipal costs
accruing as a result of utility operations, or both.
Utility Excel Centerpoint Time Warner Cable
Franchise Adopted 18-Feb-97 7-April-03 Feb 28, 1989
Term 20 years (2017) 10 years (2013) Initially 10 years and extended for 6 years to February
2005
Ordinance # 2086-97 2236-03 1774-89/96-2066
Agreement
Language - No
Franchise Fee
The company shall not open or disturb the paved surface
of any Public Way or Public Ground for any purpose
without first having obtained permission from the City
for which the city may impose a reasonable fee. Permit
conditions imposed on the company shall not be more
burdensome than those imposed on other utilities for
similar facilities or work.
The Company may not open or disturb the surface of any
Public Way or Public Ground without first having obtained
a permit from the City, for which the City may impose a
reasonable fee. Company will comply with all permit
conditions established by the City. The permit conditions
imposed on the Company may not be more burdensome
than those imposed on other utilities for similar facilities or
work.
Agreement
Language – If
Franchise Fees
Imposed
During the term of the franchise hereby granted, and in
lieu of any permit or other fees being imposed on the
company, the city may impose on the company a
franchise fee determined by collecting not more than the
amounts indicated below …
… The payment of a franchise fee as provided by this
section does not relieve the company from paying fees to
city unrelated to the installation, ownership or operation
of electric facilities, such as building permit fees.
The City reserves all rights under Minnesota Statutes,
Section 216B.36 or other law to require a franchise fee at
any time during the term of this franchise. In addition to the
franchise fee, the Company shall be required to pay only
such other fees, charges, costs or taxes which are generally
required to be paid by other businesses or persons in the
City.
The franchise payment shall be in addition to any other
payment owed to the city by the company.
Company shall not open or disturb the surface of a street,
alley, sidewalk, driveway or public property for any
purpose without first having obtained a permit to do so in
the manner provided by ordinance. Company may apply
for a single permit for all excavation. The amount
charged by City to Company for such permit shall be fair
and reasonable.
Franchise Fee
Ordinance #
2244-03 2245-03 1774-89 / 96-2066
Est date of review 2008 2008 2005
St. Louis Park City Council Meeting
011805 - 8a - Capital Improvement Program 2005-2009
Page 1
8a. 2005 – 2009 Capital Improvement Program
This is the final step in approving the 2005 – 2009 Capital Improvement Program
Recommended
Action:
1.) Motion to approve 2005 – 2009 Capital Improvement
Program
2.) Motion to adopt a resolution approving an amendment to
the Comprehensive Plan Year 2000 to Year 2020 for the
City per Minnesota Statutes, incorporating the Capital
Improvement Program (CIP) Year 2005 to Year 2009;
approve summary resolution for publication
Background:
On August 9, 2004 and again on November 22, 2004 Council reviewed and discussed the 2005-
2009 Capital Improvement Program. The Planning Commission considered the proposed CIP at
its January 5, 2005 meeting. Staff prepared a comparison of capital improvement projects with
major Comprehensive Plan initiatives. Not all projects listed in the Capital Improvement
Program are included in the Comprehensive Plan. The items include equipment, software, and
communication system replacements and municipal building improvements. The
Comprehensive Plan does not contain a chapter dedicated to municipal buildings, so including
these improvements will require the addition of a chapter or section that addresses this. The
Planning commission recommends that projects related to communication be added to the
Communications chapter of the Plan.
The Commission found no conflicts between the two documents. The Commission also
recognizes that the CIP will be updated each year with the attempt to reflect additional
Comprehensive Plan initiatives, which span out to the year 2020. At that meeting, the
Commission voted unanimously to recommend that the City Council adopt a resolution
amending the Comprehensive Plan 2000 – 2020 to incorporate the 2005 – 2009 CIP subject to
Metropolitan Council approval and amendments to Chapter T, Communications, to incorporate
projects related to radio, cable, and telephone systems replacements.
The 2005 – 2009 Capital Improvement Program is part of the 2005 Adopted Budget Book. Staff
requests that Council reference that publication for details of the 2005 – 2009 Capital
Improvement Program.
Attachments: Resolution
Prepared By: Jean D. McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 8a - Capital Improvement Program 2005-2009
Page 2
RESOLUTION NO. 05-013
A RESOLUTION APPROVING AN AMENDMENT TO THE
COMPREHENSIVE PLAN 2000 TO THE YEAR 2020
FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
INCORPORATING CAPITAL IMPROVEMENT PROGRAM (CIP) 2005 - 2009
WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on
May 17, 1999 (effective September 1, 1999) and provides the following:
1. An official statement serving as the basic guide in making land use, transportation and
community facilities and service decisions affecting the City.
2. A framework for policies and actions leading to the improvement of the physical,
financial, and social environment of the City, thereby providing a good place to live and
work and a setting conducive for new development.
3. A promotion of the public interest in establishing a more functional, healthful,
interesting, and efficient community by serving the interests of the community at large
rather than the interests of individual or special groups within the community if their
interests are at variance with the public interest.
4. An effective framework for direction and coordination of activities affecting the
development and preservation of the community.
5. Treatment of the entire community as one ecosystem and to inject long range
considerations into determinations affecting short-range action, and
WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and
more economical environment for residential, commercial, industrial, and public activities and
will promote the public health, safety, and general welfare, and
WHEREAS, said Plan will prepare the community for anticipated desirable change,
thereby bringing about significant savings in both private and public expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities
of adjacent units of government, and
WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning
Commission of the City of St. Louis Park and amendments made, if justified according to
St. Louis Park City Council Meeting
011805 - 8a - Capital Improvement Program 2005-2009
Page 3
procedures, rules, and laws, and provided such amendments would provide a positive result and
are consistent with other provisions in the Comprehensive Plan, and
WHEREAS, fiscal devises such as the City’s 5-year capital improvement program for
transportation, utilities, and parks is used as a tool to implement the goals and policies of the
Comprehensive Plan, and
WHEREAS, the City’s capital improvement program is updated annually to incorporate
new projects and new sources of funding, and
WHEREAS, the Planning Commission reviewed the Capital Improvement Program 2005
– 2009 and found it to be consistent with the goals and policies of the Comprehensive Plan 2000
– 2020, and
WHEREAS, the Planning Commission of the City of St. Louis Park recommended
adoption of an amendment to the Comprehensive Plan 2000-2020 to incorporate the Capital
Improvement Program 2005 – 2009 on January 5, 2005, based on statutes, the Metropolitan
Regional Blueprint and existing goals, policies and implementation strategies of the adopted
Comprehensive Plan 2000 – 2020.
NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the
Capital Improvement Program 2005 – 2009 is hereby approved and the Comprehensive Plan, as
previously adopted by the Planning Commission and City Council, is hereby amended as
follows:
Incorporation of Capital Improvement Program 2005 - 2009 to replace CIP 2004-2008.
Reviewed for Administration: Adopted by the City Council January 18, 2005
Contingent upon approval of the Metropolitan Council
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
011805 - 8a - Capital Improvement Program 2005-2009
Page 4
SUMMARY
RESOLUTION NO. 05-013
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN
2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA
STATUTES 462.351 TO 462.364
INCORPORATING CAPITAL IMPROVEMENT PROGRAM (CIP) 2005 – 2009
This resolution states that the City of St. Louis Park’s Capital Improvement Program (CIP) 2005
– 2009 shall be incorporated into the Comprehensive Plan 2000 to the year 2020.
This resolution shall take effect upon approval of the amendment by the Metropolitan Council.
Adopted by the City Council on January 18, 2005
Contingent upon approval of the Metropolitan Council
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this resolution is available for inspection with the City Clerk.
Published in the St. Louis Park Sailor: January 27, 2005
Res/ord2004/04-67-CP
St. Louis Park City Council Meeting
011805 - 8b - Park Dedication Fees
Page 1
8b. First Reading on Revised Subdivision Ordinance Regarding Park Dedication Fees
and Amending Appendix A of the City Code to Include the Park Dedication Fee
Amount
Recommended
Action:
Motion to approve 1st reading of an ordinance amending Section 26-
158 of the Subdivision Ordinance removing park dedication cash-in-
lieu of land fee amounts from the Subdivision Ordinance and including
a cash-in-lieu of land contribution of park land dedication in the
amount of $1,500 per residential unit to Appendix A of the City Code.
Background
Staff is proposing an amendment to move the park dedication fee amount from the Subdivision
Ordinance to Appendix A of the City Code (the fee schedule), and to increase the amount required per
residential unit. MN State Statute 462.358 grants cities the authority to require dedication of land or a
cash contribution in lieu of land to the city’s park fund and trail fund as part of the subdivision of
property. The amount required for cash-in-lieu of land is in the Subdivision Ordinance. Staff is
proposing amendments to the Subdivision Ordinance as outlined below.
Proposed Amendments
Move park dedication cash-in-lieu of lands out of the Subdivision Ordinance.
Staff is recommending that the cash-in-lieu amount be moved to the fee schedule. This would facilitate
the updating the fees annually, and is consistent with other fees that might be updated on an annual
basis. The Subdivision Ordinance would refer to Appendix A of the City Code for the actual dollar
amounts to be collected when the dedication is in cash-in-lieu of land.
Increase the cash-in-lieu of lands fees
By statute the City can require a “reasonable” portion of any proposed subdivision be dedicated for
parks or may choose to accept an equivalent amount in cash. Currently, the City charges a cash
contribution of $900.00 per dwelling unit for single-family and multi-family subdivisions. Staff recently
conducted a survey of metro area cities to determine what other cities are charging for cash-in-lieu fees,
and recommends an increase.
The following tables show neighboring and similar developed cities and their cash contribution
requirements.
St. Louis Park City Council Meeting
011805 - 8b - Park Dedication Fees
Page 2
Developed Areas Single-Family
(per lot)
Townhome
(per unit)
Multi-Family
(per unit)
Arden Hills 6% 7-8% 10%
Brooklyn Center No specific amt No specific amt No specific amt
Columbia Heights 10% 10% 10%
Crystal $1,000 $1,000 $1,000
Edina 8% 8% 8%
Golden Valley $1,000 $1,000 $1,000
Hopkins $1,000 $1,000 $800
Minnetonka $2,375 $2,375 $2,375
New Brighton $1,050 $1,050 $1,050
New Hope $1,500 $750 $500
Richfield No specific amt No specific amt No specific amt
Roseville $1,000 $1,000 $1,000
Shoreview No specific amt No specific amt No specific amt
Spring Lake Park No specific amt No specific amt No specific amt
Average $1,275 or 8% $1,170 or 8% $1,105 0r 9%
Range $1,000 - $2,375
Developing Areas
Brooklyn Park $3,200 $3,200 $3,200
Eden Prairie $2,800 $2,800 $2,800
Plymouth $2,800 $2,800 $2,800
Average $2,933 $2,933 $2,933
Range $2,800 - $3,200
As the table shows the City’s charge of $900 per unit for park dedication for residential subdivisions is
low compared to what other metro area cities are charging. Staff recommends the fees be increased
Cities surrounding
SLP
Single-Family
(per lot)
Townhome
(per unit)
Multi-Family
(per unit)
Crystal $1,000 $1,000 $1,000
Edina* 8% 8% 8%
Golden Valley* $1,000 $1,000 $1,000
Hopkins* $1,000 $1,000 $800
Minnetonka* $2,375 $2,375 $2,375
New Hope $1,500 $750 $500
Richfield No specific amt No specific amt No specific amt
Eden Prairie $2,800 $2,800 $2,800
Plymouth* $2,800 $2,800 $2,800
!Syntax Error, (
Average $1780 $1675 $1610
Range $1,000 - $2,800
*Cities that border SLP
St. Louis Park $900 $900 $900
Recommended $1500 $1500 $1500
St. Louis Park City Council Meeting
011805 - 8b - Park Dedication Fees
Page 3
from $900 to $1500, which would not be unreasonable in the marketplace. The trail fee is currently
$225 and is not proposed to be increased at this time.
Recommendation
Staff recommends the first reading of the revisions to the Subdivision Ordinance and Appendix A of the
City Code be approved.
Attachments: Proposed Ordinance
Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
011805 - 8b - Park Dedication Fees
Page 4
ORDINANCE NO.___________
AN ORDINANCE MOVING PARK DEDICATION
CASH-IN-LIEU AMOUNTS FROM THE SUBDIVISION ORDINANCE
AND
INCREASE FEES FOR RESIDENTIAL CASH-IN-LIEU
OF PARK LAND DEDICATION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Park land is dedicated or cash-in-lieu of land is collected with subdivisions in the
city as allowed by State law and the city’s Subdivision Ordinance.
Section 2. Section 26-158 is revised as follows:
Sec. 26-158. Park and trail dedication requirements.
(i) In lieu of a park land dedication, the city may require the following cash contribution:
Commercial/industrial 5 percent of current market value of the
unimproved land as determined by the city
assessor
Multifamily dwelling units $900 A fee which shall be set from time to time
by the city and a schedule of such fees is listed
in appendix A to this Code
Single-family dwelling units $900 A fee which shall be set from time to time
by the city and a schedule of such fees is listed
in appendix A to this Code
Section 3. Cash in lieu of park land dedication shall be $1,500 per dwelling unit for
Multifamily dwelling units and $1,500 per dwelling unit for Single-family dwelling units; and for
Commercial/Industrial properties will be 5 percent of current market value of the unimproved land as
determined by the city assesor.
Section 4. The fees set in Section 3 above shall be included in Appendix A of the city code
with other fees and charges called for by ordinance.
Section 5. 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.
Section.6. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council February 7, 2005
(Signature Block)