HomeMy WebLinkAbout2005/02/22 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
TUESDAY, February 22, 2005
7:30 p.m.
6:15 p.m Comm Ed Lifetime Achievement Award Reception for Bridget Gothberg
SLP Senior High – Room C350
7:15 p.m. Special Meeting to Discuss Board and Commission Appointments
Westwood Room
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Peggy Leppik, Met Council – Brookside ERF Grant Award
b. Award to Sonny Klein Foundation – Defibrillator
c. Day One Food Drive
d. Resolution Recognizing Departing Employee – Gary Willey
e. Resolution Recognizing Departing Employee – Cheryl Engelman
3. Approval of Minutes
a. City Council Minutes of February 7, 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
a. Appointment to Board of Zoning Appeals
b. Appointment to Human Rights Commission
c. Other Appointments
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2005 Community Development Block
Grant Funds
Resolution approving the proposed use of $218,739 of 2005 Urban Hennepin
County CDBF Funds, reallocation of 2004 funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related Third Party
Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving proposed use of funds for 2005 Urban
Hennepin County Community Development Block Grant funds,
reallocation of 2004 funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related
Third Party Agreements
6b. Proposed Amendments to the City Home Rule Charter
Public hearing and first reading of an ordinance to amend Table of Contents,
Chapters 4, 5, 6, 11, and Index of the City Home Rule Charter. Proposed
amendments relate to a study of the charter conducted over the past two years by
the Charter Commission.
Recommended
Action:
Mayor to close public hearing. Motion to approve first reading
of the ordinance to amend St. Louis Park Home Rule Charter:
Table of Contents, chapters 4, 5, 6, 11, and index, and set second
reading for March 21, 2005 (7 affirmative votes required )
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Resolution Supporting Reconstruction of Highway 100 and Opposing Delays
in the Proposed Project Schedule.
Response to MNDot’s announcement that the Highway 100 reconstruction projects
may be delayed to begin no sooner than 2014.
Recommended
Action:
Motion to adopt a Resolution Supporting Reconstruction of
Highway 100 and Opposing Delays in the Proposed Project
Schedule.
8b. Consideration of three resolutions relating to Trunk Highway 100 Noise Wall
Construction Project No. 2005-0100
In order to continue with project development in cooperation with MNDot on the
Highway 100 Noisewall, the City must undertake certain actions.
Recommended
Action:
Motion to approve three resolutions relating to Trunk Highway
100 Noise Wall Construction, Project No. 2005-0100:
Authorizing acquisition of permanent easements for the
construction of a noise wall for City Project no. 2005-
0100
Authorizing installation of “no parking” restrictions on
the East side of Vernon Avenue from W. 41st Street to
the southern city border - Traffic Study No. 5xx
Authorizing execution of a cooperative construction agreement
with the Minnesota Department of Transportation for the
installation of a noise wall on the West side of Trunk Highway
100
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 FEBRUARY 22, 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 2nd reading of an ordinance amending Chapter 32: Utilities to add
language clarifying responsibility for cost of repair and installation of sewer lines,
approve the summary and authorize summary publication.
4b Motion to adopt resolution of denial for application of Nathan and Marcy Schultz for
Comprehensive Plan Amendment from Low Density Residential to Medium Density
Residential and a Rezoning from R-2 to R-3 on the property at 4022 Yosemite Avenue
South
4c. Motion to adopt a Resolution approving St. Louis Park Lions Club’s application for the
placement of 16 temporary signs in the public right-of-way.
4d. Motion to approve second reading of an ordinance amending chapter 34 of the St. Louis
Park municipal code allowing residents 40 days after notification to remove a diseased
tree, approve the summary, and authorize publication of the summary.
4e. Motion to designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to
authorize execution of a contract for the 2005 Arbotect 20-S Elm injection program at a
cost of $11.65 per diameter inch.
4f. Motion to designate North Star Tree Care, Inc. as the lowest responsible bidder and
authorize execution of a contract for the 2005 private diseased tree removal program in an
amount not to exceed $447,760
4g. Motion to designate B.J. Haines Tree Service as the lowest responsible bidder and
authorize execution of a contract for the 2005 Boulevard Tree and Stump Removal
Program in an amount not to exceed $182,070.66
4h Removed
4i Motion to adopt resolution approving six month extension of Time Warner Cable TV
Franchise Agreement
4j Motion to accept Planning Commission minutes of January 5, 2005 for filing
4k Motion to accept Housing Authority minutes of January 12, 2005 for filing
4l Motion to adopt resolution recognizing Gary Willey for 35 years of service
4m Motion to adopt resolution recognizing Cheryl Engelman for 30 years of service
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
February 7, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
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 (Ms. Poehler), City Clerk
(Ms. Reichert), Director of Park and Recreation (Ms. Walsh), Environmental Coordinator
(Mr. Vaughan), Finance Director (Ms. McGann), Planning/Zoning Supervisor (Ms. McGonigal),
Public Works Director (Mr. Rardin), and Recording Secretary (Ms. Stegora-Peterson).
2. Presentations - None
3. Approval of Minutes
3a. City Council Minutes of January 18, 2005
Councilmember Sanger noted on page six (item 6b), paragraph six, after “..their
contention that..” replace “they” with “the City”.
Councilmember Finkelstein noted on the same page, second paragraph, in the second
sentence “His” should be “Mr. Swintek’s”.
3b. Study Session Minutes of January 10, 2005
Councilmember Page Santa indicated on page two (item 1), in the second paragraph,
“,Wooddale and Highway 7” should be inserted after W. 36th St.
Councilmember Finkelstein stated on page two, in the fourth paragraph, should include:
“The Council talked about the possibility of tax increment financing being needed
in that area. Tax increment financing serves a public good, but it often seems
they ask the City to subsidize a deal that had been made between a developer and
a seller. In a sense, the City may be asked to be a silent partner.”
They had a specific discussion about that. In addition:
“He had a concern that the sale price of the land was far too high and, as a result,
they were asking for too much tax increment financing. He further noted that
under the earlier Elmwood study that had been conducted with the neighborhood
and the City, it called for an office building to be built in that area. With or without
tax increment financing, development could likely occur in that area. As a result,
they encouraged and directed the developer and the seller of the land to take a look
at a serious “hair cut” on the sale price of the land and in addition look at making
two separate proposals for tax increment financing, one for the retail/mixed use
process on W. 36th Street and second dealing with the Hoigaards site itself.
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 2
Other members of the Council also had a concern about the amount of sale price
and the corresponding affect it would have on tax increment financing.”
The minutes were approved as corrected.
3c. Study Session Minutes of January 18, 2005
Councilmember Finkelstein indicated on page six (item 2), the fourth paragraph should read:
“Councilmember Finkelstein believed the developer would request tax increment
financing and try to use the neighborhood to get it. He, along with other
Councilmembers, had not studied the information from the previous planning and
would like to review that information and he wanted the whole Council to study
this earlier review so that they could have an idea of what the long-range planning
was for that corner.
Councilmember Velick noted on the same page, paragraph five, the following change
should be made, “…public art. She was not sure…”
Councilmember Omodt asked that he be listed as present at the meeting.
Councilmember Basill stated on page six, paragraph nine, “some in” should be inserted
before “the small group…”. On page seven, paragraph seven, insert the word “for”
before “seven months.”
3d. OD Study Session Minutes of January 24, 2005
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. Approve Resolution No. 05-019 for year 2005 liquor license renewals for license year to run
March 1, 2005 through February 28, 2006.
4b. Adopt Ordinance No. 2284-05 amending Ordinance #2044-03 relating to franchise fees
imposed on Centerpoint Energy Minnegasgo; and adopt Ordinance No. 2285-05
amending Ordinance #2045-03 relating to franchise fees imposed on Xcel Energy, and to
authorize publication of the ordinances.
4c. Amend Professional Services Agreement with Campbell Knutson to increase rates paid
from $130.00 to $135.00 per hour for attorney services
4d. Approve second reading and adopt Ordinance No. 2287-05 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, approve summary and authorize publication.
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 3
4e. Approve Resolution No. 05-020 authorizing the First Supplement to Bond Indenture
related to the City of St. Louis Park, Minnesota, Health Care Facilities Revenue Bonds
(Park Nicollet Health Services), Series 2003A
4f. Traffic Study No. 593: Adopt Resolution No. 05-021 authorizing installation of permit
parking in front of 2847 Quentin Avenue South.
4g. Approve second reading and adopt Ordinance No. 2288-05 amending Chapter 8 - 191
implementing an Investigative Fee, setting a fee of $300 in Appendix A, approve the
ordinance summary and authorize summary publication
4h. Adopt Resolution No. 05-022 authorizing final payment for Hardrives Brunswick RR
crossing
4i. Adopt Resolution No. 05-023 authorizing final payment for Thomas & Sons 36th St.
watermain
4j. Adopt Resolution No. 05-024 authorizing application for a Hennepin County grant to
fund the City’s curbside recycling program
4k. Adopt Resolution No. 05-025 authorizing installation and special assessment of a fire
sprinkler system at 3424 Wooddale Avenue; and directing the Mayor and City Manager
to execute a special assessment agreement with the property owner.
4l. Minutes of Fire Civil Service Commission Meeting of 8-3-04
4m. Minutes of Fire Civil Service Commission Meeting of 9-2-04
4n. Minutes of Fire Civil Service Commission Meeting of 10-26-04
4o. Minutes of Fire Civil Service Commission Meeting of 10-29-04
4p. Accept Vendor Claims for filing (Supplement)
It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to approve the
Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
6. Public Hearings – None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. First reading of Tree Ordinance Revisions.
Mr. Vaughan presented the staff report.
Councilmember Sanger asked why they were proposing to permit residents to leave a stump
on their property after they cut down a tree? Mr. Vaughan replied that they had been doing
that since inception of the program. If it was on private property, they could leave their
stump, but needed to remove the bark to the ground so it would not foster breeding for the
Dutch Elm Beetle to transmit disease. They believed grinding stumps was unrealistic and
that they couldn’t make property owners do that on their own property.
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 4
Councilmember Sanger believed that should be a requirement. Why couldn’t this be
required? Mr. Vaughan thought it could be required. It was a matter of policy.
Councilmember Sanger felt there were two issues and they could deal with the first at this
meeting and should discuss the stump removal further at a study session.
Mayor Jacobs believed as long as the stump was rendered no longer infectious, he had a tough
time requiring someone to grind it out when on private property. It was a policy question.
Mr. Harmening stated the initial intent of the ordinance was to deal with diseased trees
and having them removed as quickly as possible. It wasn’t an aesthetic issue. Based on
that context, it was felt that the stump could remain provided the bark was removed
because it wasn’t a danger to any other trees.
Councilmember Finkelstein thought they needed to consider that this could add
additional financial hardships for senior citizens who were already required to pay for
removal of the tree, when it was meeting the requirement of not spreading disease.
Mr. Vaughan noted on private property they are required to pay 100% of the costs and
they had many trees that were thousands of dollars to be removed.
Councilmember Basill was concerned about the financial hardship. On the proposed ordinance,
he wondered if 40 days would be enough time? This past summer, it seemed the City was not
able to do removal within 40 days and he wanted to be sure they weren’t holding residents to a
higher standard than what they could do. Mr. Vaughan replied it was their intention to try to
get trees removed within 40 days. He believed that time was reasonable.
Councilmember Santa asked for clarification that this ordinance only dealt with diseased
trees? Mr. Vaughan replied yes.
It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to
approve first reading of an ordinance allowing residents 40 days after notification to
remove a diseased tree and set second reading for February 22, 2005; and to return to
study session for further discussion the portion regarding stump removal.
The motion passed 4-3, with Mayor Jacobs and Councilmembers Finkelstein and Omodt
voting no.
8b. Second Reading to Consider 2005 Utility Rates
Ordinance No. 2286-05
Ms. McGann presented the staff report.
It was motioned by Councilmember Santa, seconded by Councilmember Finkelstein, to
adopt Ordinance No. 2286-05 amending rates charged for Water, Sanitary Sewer, Solid
Waste, and Storm Water Utility for 2005, approve the summary and authorize summary
publication.
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 5
The motion passed 6-1, with Councilmember Omodt voting no.
8c. Consideration of an application by Nathan and Marcy Schultz for a
Comprehensive Plan Amendment from Low Density Residential to Medium
Density Residential and a Rezoning from R-2 to R-3 on the property at 4022
Yosemite Avenue South
Ms. McGonigal presented the staff report.
Nathan Schultz, applicant, stated that this would allow two affordable houses that would
have three bedrooms and 2 ¾ baths. An issue that came up was that this could become
rental property. From his understanding of zoning, any home could apply for a rental
application. They originally believed they could split the lots, but that was not possible.
One of the concerns the neighborhood brought up was that it might detract in land value.
They had an appraisal done on the original set of blue prints and it appraised at $410,000
on an average of $205,000/unit. The average sale price on this block and one block
South was $201,300. Another concern brought up was how the property would be
managed. That would be up to the homeowner and whether they went with property
management or an association. With families moving into St. Louis Park and looking for
larger homes with three and four bedrooms, the only way they would be able to fit more
of those homes onto a 50’ x 140’ lot, was to build up. He thought this was an excellent
solution to get more people and larger families into the city.
Jim Schaefer, 4028 Xenwood Av. S, indicated he was opposed to the zoning change for a
number of reasons, primarily because of the likelihood that this would turn into rental
property. There were other rental properties in the area that had not been maintained. He
agreed that there was no compelling need to do this. The applicant was doing this for
their convenience. He requested that the City Council deny the amendment to the plan.
Councilmember Basill agreed with staff’s analysis and didn’t see a compelling reason for
this. When people buy property, they shouldn’t assume that the zoning would be
changed. This property is a good place for move-up single-family homes. The Housing
Renewal and Community Development looked at this property and tried to purchase it for
that. He agreed with staff if they put in another use, it would create two transitions.
There wasn’t a dramatic enough difference from a twin home to a single-family home to
merit that argument. He was also concerned about spot zoning. If they started allowing
spot zoning in single-family neighborhoods, he didn’t believe it would be healthy for the
community long-term. Anyone in a single-family home could decide to rent out their
home, however, they knew from statistics that non owner occupied homes had higher
incidents of Inspections issues. There was a greater chance of it being rental when they
needed owner-occupied, move-up single-family homes. When they had a lot available,
they needed to take advantage of it and keep the zoning the way it was for move-up
single-family homes.
Councilmember Finkelstein agreed with Councilmember Basill that there wasn’t a
compelling reason to change the zoning. There are a number of small single-family
homes and he thought they wanted to maintain the character of that neighborhood. This
is close to Brookside and would be one of the main entry points, so it would have more
traffic. The idea of having more parked cars and adding even more traffic wasn’t a good
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 6
idea. With the increased development on Excelsior Avenue, they wanted to work toward
maintaining the single-family home character of the neighborhood. He believed this
would detract from that.
Councilmember Sanger also agreed with Councilmember Basill’s comments and the staff
recommendation. It was important to be consistent with the findings of the Housing
Summit and promote opportunities for larger homes. That and maintaining the single-
family home character of the neighborhood lead her to support denial of the application.
Councilmember Omodt echoed his colleagues. He had fears about spot zoning, which
could be problematic. The character of the neighborhood was single family. He noted
that they had duplexes on the North side of Excelsior, but felt that was a different
neighborhood because of the character of the street.
Councilmember Velick thanked the applicants for their thoughtfulness in preparing their
information. It was unfortunate they were not given the right information about coming
to the City about rezoning before they purchased the land. She didn’t believe rental
property in that location was a good move for the City and supported the denial.
Councilmember Santa stated that she could not go along with the spot zoning. She could not
find a compelling reason for this application and did not believe that changing the character
of the neighborhood by allowing twin homes would be to the advantage of anyone.
Mayor Jacobs echoed the comments of his colleagues. His concern was not only spot
zoning, but also the potential land use. Once you change the Comp Plan and the zoning,
anything could happen and then it would be a very different character in the
neighborhood. He did not see the compelling reasons to do it and saw the potential down
side in doing it and would support motion for denial. This is a very good location,
convenient to Excelsior Boulevard and to put a large single family home on that lot
would be a benefit to the neighborhood and the city.
It was motioned by Councilmember Basill, seconded by Councilmember Finkelstein, to
direct Staff to prepare a resolution of denial of a Comprehensive Plan Amendment from
Low Density Residential to Medium Density Residential, and a Rezoning from R-2 to R-3
for the property at 4022 Yosemite Avenue South.
The motion passed 7-0.
8d. 1st Reading of an ordinance amending Chapter 32: Utilities
Ms. Reichert presented the staff report.
It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to
approve first reading and set second reading for February 22, 2005.
The motion passed 7-0.
9. Communications
St. Louis Park City Council Meeting
Item: 022205 - 3a - Council Minutes of February 7, 2005
Page 7
Mayor Jacobs reported on the Home Remodeling Fair.
10. Adjournment
The meeting adjourned at 8:14 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 022205 - 4a - 2nd Rdg sewer ordinance
Page 1
4a Motion to approve 2nd reading of an ordinance amending Chapter 32: Utilities to
add language clarifying responsibility for cost of repair and installation of sewer
lines, approve the summary and authorize summary publication.
Background:
Chapter 32 of the city code contains separate articles regulating water service and sewer service.
Section 32-41 regarding water service outlines responsibility for installation and repair of water
service lines and specifies at what physical location that responsibility shifts from the city to the
property owner. The article regulating sewer service does not contain corresponding language,
but historical practice is that the same provision applies to sewer lines as well as water lines.
This amendment adds that corresponding language to the sewer section of our code.
This ordinance adds language stating that the property owner is responsible for the cost of the
installation and repair of the sewer service line from the building to the sewer main. This
language is consistent with our statutory authority and common in other Minnesota cities. In
past years claims regarding sewer repair have been made against the city and our practice has
been upheld in every instance. This revision will assist staff in communicating with property
owners and strengthen our position should future claims be made against the city.
Council approved first reading on February 7, 2005.
Attachments: Proposed Ordinance
Prepared By: Cindy Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 4a - 2nd Rdg sewer ordinance
Page 2
ORDINANCE NO. 2289-05
AN ORDINANCE AMENDING THE ST. LOUIS PARK
MUNICIPAL CODE CHAPTER 32: UTILITIES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 32 of the St. Louis Park Municipal Code is hereby amended to
add:
Sec. 32-101. Cost of installation and repair borne by consumer.
The cost of original installation or repair of all service lines up to and including the
connection to the city’s main sewer line shall be borne entirely by the consumer. Any repairs
found to be necessary shall be made promptly or the city will discontinue water service.
SECTION 2. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by the City Council February 22, 2005
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
Item: 022205 - 4a - 2nd Rdg sewer ordinance
Page 3
SUMMARY
ORDINANCE NO. 2289-05
AN ORDINANCE AMENDING THE ST. LOUIS PARK
MUNICIPAL CODE CHAPTER 32: UTILITIES
This ordinance addes language to Chapter 32 of the City Code clarifying that the cost of
installation or repair of all service lines up to and including the connection to the city’s main
sewer line is the responsibility of the property owner. This ordinance shall take effect 15 days
after publication. A copy of the full text of this ordinance is available in the City Clerk’s office.
Adopted by the City Council February 22, 2005
Jeffrey W. Jacobs /s/ Mayor
St. Louis Park City Council Meeting
Item: 022205 - 4b - Res of Denial Comp Plan Rezoning 4022 Yosemite
Page 1
4b Motion to adopt resolution of denial for application of Nathan and Marcy
Schultz for Comprehensive Plan Amendment from Low Density Residential to
Medium Density Residential and a Rezoning from R-2 to R-3 on the property at
4022 Yosemite Avenue South
Request:
Nathan and Marcy Schultz requested an amendment to the City’s Comprehensive Plan to change
the Plan from Low Density Residential to Medium Density Residential, and amend the Zoning
Ordinance to change this property from R-2 Single Family Residential, to R-3 Two-family
Residential, to allow a twin home to be constructed on the property at 4022 Yosemite Avenue
South.
On February 7, 2005, the City Council directed the Staff to prepare a Resolution of Denial,
which is attached.
Recommendation: Adopt the attached resolution of denial.
Attachments: Resolution of Denial for 4022 Yosemite Avenue South
Prepared By: Meg J. McMonigal, Planning and Zoning Supervisor
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 4b - Res of Denial Comp Plan Rezoning 4022 Yosemite
Page 2
RESOLUTION NO. 05-031
RESOLUTION OF DENIAL
A RESOLUTION OF FINDING REGARDING THE APPLICATION
FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000-2020
AND A REZONING FROM R-2 TO R-3
FOR THE PROPERTY LOCATED AT
4022 YOSEMITE AVENUE SOUTH
WHEREAS, on December 3, 2004, Nathan and Marcy Schultz filed an application to
amend the Comprehensive Plan land use designation for property located at 4022 Yosemite
Avenue South from Low Density Residential to Medium Density Residential, and an amendment
to the Zoning Map to change the zoning from R-2 Single Family Residential to R-3 Two-Family
Residential, and
WHEREAS, the Planning Commission held a public hearing to consider the request on
January 5, 2005, and
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
St. Louis Park City Council Meeting
Item: 022205 - 4b - Res of Denial Comp Plan Rezoning 4022 Yosemite
Page 3
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
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, the Planning Commission considered the staff report, the statements of the
applicant and public and recommended approval of the request on a vote of 4-1; and
WHEREAS, the contents of Planning Case File No. 04-68-CP and Planning Case File
No. 04-69-Z are hereby entered into and made part of the public hearing record and the record of
decision for this case.
WHEREAS the City Council of St. Louis Park considered the staff report,
recommendation of the Planning Commission (Case No. 04-68-CP and 04-69-Z), statements of
the applicant and public, and on a vote of 7-0 moved that staff prepare a resolution of denial to
be considered on February 22, 2005.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park that the applicant’s request for an amendment to Comprehensive Plan 2000 – 2020 to
change the land use designation at 4022 Yosemite Avenue South from Low Density Residential
to Medium Density Residential and the rezoning request from R-2, Single family residential to
R-3, Two family residential is hereby denied.
Reviewed for Administration Adopted by the City Council February 22, 2005
City M anager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
022205 - 4c - Lion's Club Temporary Signage
Page 1
4c. Motion to adopt a Resolution approving St. Louis Park Lions Club’s application for
the placement of 16 temporary signs in the public right-of-way.
Background:
On February 7, 2005, the City received an application from the St. Louis Park Lions Club for 16
signs to be temporarily placed within the public right-of-way.
Section 36-362(e)(2) of the Zoning Code states that prohibited signs include, “Signs on or over the
public right-of-way unless the City Council grants permission for a temporary sign on or over the
public right-of-way for a period not to exceed ten days.”
Proposal:
The Lions Club is a non-profit community based organization that provides services and resources
to the people of St. Louis Park. The requested signs advertise the Lions Club’s 48th Annual
Pancake and Sausage Breakfast to be held on Sunday, March 20, 2005. This activity is intended to
raise revenue to fund services and resources provided to the residents of St. Louis Park. The signs
will be displayed beginning March 12, 2005 and will be removed on March 20, 2005.
The following signs are proposed to be placed within the right-of-way:
# Sign Style Size Location
13 Two-sided sawhorse/sandwich board type 3’ wide x 4’ high A, B, D, F, G, H, I
3 Two-sided sawhorse/sandwich board type 2’ wide x 4’ high C and E
If approved, all signs will be placed within the public right-of-way at the locations shown on the
attached sign map. Staff will verify placement to avoid visibility-related issues.
Recommendation:
It is recommended that the City Council adopt the attached Resolution approving the St. Louis Park
Lions Club’s request for the placement of 16 temporary signs in the public right-of-ways as outlined
within the attached Resolution.
Attachments: Resolution
Letter from Lions Club dated February 7, 2005
Sign Plan
Prepared by: Gary Morrison, Assistant Zoning Administrator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
022205 - 4c - Lion's Club Temporary Signage
Page 2
RESOLUTION NO. 05-032
RESOLUTION APPROVING THE ST. LOUIS PARK LIONS CLUB'S
APPLICATION FOR THE PLACEMENT OF 16 TEMPORARY SIGNS
WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, The St. Louis Park Lions Club made application for the placement of 16
temporary signs within the public right-of-way; and
WHEREAS, pursuant to Section 36-362(e)(2) of the St. Louis Park Zoning Ordinance, the
City Council may approve the placement of temporary signs within the public right-of-way for a
period not to exceed 10 days;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the City Council approves the St. Louis Park Lions Club's application for the
placement of 16 temporary signs within the public right-of-way beginning March 12, 2005, and to
be removed immediately following the conclusion of the event on March 20, 2005.
BE IT FURTHER RESOLVED that the size and placement of the temporary signs are
approved as follows:
A. Two 3-foot wide by 4-foot high signs at the intersection of Louisiana Ave. & W14th St.
B. One 3-foot wide by 4-foot high sign on the south side of Cedar Lake Rd just west of Flag
Ave.
C. One 2-foot wide by 4-foot high sign on the east side of Texas Ave at the Westwood Junior
High School.
D. Two 3-foot wide by 4-foot high signs at the intersection of Cedar Lake Rd and Zarthan Ave.
E. Two 2-foot wide by 4-foot high signs at the intersection of Minnetonka Blvd and Louisiana
Ave.
F. Two 3-foot wide by 4-foot high signs at the intersection of Aquila Ave and Hwy #7.
G. Two 3-foot wide by 4-foot high signs at the intersection of Beltline Blvd and County Rd
#25.
H. Two 3-foot wide by 4-foot high signs at the intersection of Excelsior Blvd and Louisiana
Ave.
I. Two 3-foot wide by 4-foot high signs at the intersection of Wooddale Ave and Hwy #7.
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 4d - 2nd reading tree ordinance
Page 1
4d. Motion to approve second reading of an ordinance amending chapter 34 of the
St. Louis Park municipal code allowing residents 40 days after notification to
remove a diseased tree, approve the summary, and authorize publication of the
summary.
Background:
Revisions to the tree ordinance were a result of changes in statute by the Department of
Agriculture governing diseased tree removal procedures. These revisions include a change that
provides the owner of a diseased tree an additional 20 days to complete the diseased tree removal
process. By defining a 40 day threshold for tree nuisance rectification, the City ordinance will be
clarified and strengthened, with City Code dictating and defining the terms of nuisance tree
removal procedure.
Ordinance Change:
At first reading on February 7th, councilmembers requested that language regarding stump
removal be removed from this ordinance and that further discussion on the issue take place at
study session. That discussion is scheduled for March 14th, and the ordinance presented here for
final adoption has been modified to reflect that change.
Attachment: Ordinance Summary
Ordinance
Prepared By: Jim Vaughan, Environmental Coordinator
Cynthia Walsh, Director of Parks and Recreation
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 4d - 2nd reading tree ordinance
Page 2
SUMMARY
ORDINANCE NO. 2290-05
AN ORDINANCE AMENDING
CHAPTER 34 OF THE
ST. LOUIS PARK MUNICIPAL CODE
ORDINANCE CODE CHAPTER 34: VEGETATION
This ordinance allows the owner 20 days to advise staff of their course of action to remove a
diseased tree when notified, along with an additional 20 days to actually remove the diseased
tree.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council February 22, 2005
Jeffrey W. Jacobs
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: March 3, 2005
St. Louis Park City Council Meeting
Item: 022205 - 4d - 2nd reading tree ordinance
Page 3
ORDINANCE NO. 2290 - 05
AN ORDINANCE AMENDING
CHAPTER 34 OF THE
ST. LOUIS PARK MUNICIPAL CODE
ORDINANCE CODE CHAPTER 34: VEGETATION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 34 of the St. Louis Park Municipal Code is hereby amended as
follows:
DIVISION 2. CONTROL OF DISEASED, HAZARDOUS AND FALLEN TREES
Sec. 34-55. Procedure for removal of tree nuisances
When it appears with reasonable certainty that any nuisance defined in section 34-52 exists,
the owner shall be notified and ordered to remove the nuisance in a manner approved by the city
manager. The owner has 20 days to advise staff of their course of action to remove the tree,
along with an additional 20 days to actually remove the diseased tree. If the owner fails to
comply with the order, the city manager may act to abate the nuisance. If the owner cannot be
contacted, the city shall send notice by certified mail to the last known address of the owner of
record and shall then proceed forthwith to abate the nuisance. Removal of any tree includes
removal of the stump to eight (8) inches below grade and surface roots.
(Code 1976, § 6-205, Ord. No. 2257-03, § 1, 11-17-2003)
SECTION 2. Effective Date. This Ordinance shall be effective fifteen (15) days after its
passage and publication.
Reviewed for Administration Adopted by the City Council February 22, 2005
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
Item: 022205 - 4e - Arbotect Elm Tree Injection
Page 1
4e. Motion to designate Rainbow Tree Care, Inc. as the lowest responsible bidder and
to authorize execution of a contract for the 2005 Arbotect 20-S Elm injection
program at a cost of $11.65 per diameter inch.
Background: Since its inception in 1990, the City has promoted public participation in this
program designed to proactively treat healthy American Elms. A specialized chemical injection
of Arbotect 20-S, a fungicide, is used in an effort to preserve the community’s urban forest.
When this chemical is properly applied in an on-going three-year cycle, it effectively prevents
the infection of Dutch elm disease in approximately 98% of the treated trees. Since 1990, the
City has subsidized more than 5,500 tree injections.
As in previous years, the City is expecting more than 325 requests for tree injections. Last year
the City subsidized 40% of the cost for all elm tree injections, regardless if the tree is located on
private property or public boulevards. This year, the City will again subsidize 40% of the cost for
trees on private or public property. The net cost of this program is expected to be approximately
$40,000 (increased $7,000 from 2004) which is included in the 2005 Environmental Division
budget.
Bid Analysis: Bid packages for the 2005 Arbotect 20-S Elm Injection Program were mailed out
in late December to three tree firms. Bids were opened January 26, 2005 at City Hall. One firm
submitted a responsive bid, with the amount shown as follows:
Rainbow Tree Care $11.65 per diameter inch
The $11.65 per diameter inch bid represents a $2.15 per inch increase from the previous year’s
contract. The price increase reflects the high demand for this application/product, as well as for
providing more support and responsive service to this contract in regard to Dutch elm disease
management and therapy.
If a private homeowner were to contract for Arbotect injections on their own, they would pay
almost twice the rate the City receives. It appears that the City’s bid, based upon a volume price,
is extremely competitive. Since the inception of the program, Rainbow Tree Care has
conscientiously and successfully performed all the City’s Arbotect injection contracts.
Recommendation: Staff recommends approving Rainbow Tree Care, Inc. as the lowest
responsible bidder and authorizes staff to execute a contract for the 2005 Arbotect 20-S Elm
Injection Program as a cost of $11.65 per diameter inch.
Prepared by: Jim Vaughan, Environmental Coordinator
Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 4f - Private Diseased Tree Removal
Page 1
4f. Motion to designate North Star Tree Care, Inc. as the lowest responsible bidder
and authorize execution of a contract for the 2005 private diseased tree removal
program in an amount not to exceed $447,760
Background: The City has been participating in the removal of diseased trees on private
property for more than 20 years. During the initial phases, funding was provided through the
Community Development Block Grant Program and subsidies were established at a 50% level.
When CDBG guidelines were altered (approximately 15 years ago) we were no longer able to
remove diseased trees using these funds. As a result, the City’s subsidy program was stepped
back over the course of five years until it reached the current level (no cash subsidy) at the end of
1995.
The City’s role in this process is to administer the program which includes management of the
contract, preparing official notices, billing the homeowners, establishing a timely schedule for
the removals and providing a follow-up inspection. As in previous years, an updated brochure
explaining the City’s removal program has been prepared and will be distributed to all affected
property owners at the time their diseased trees are identified by staff.
The 2005 Dutch elm disease bids reflect projected costs for the removal of 1,014 average-size
private trees. Property owners will reimburse the city for the entire cost of private tree removals.
In 2004, there were 1,150 private trees removed in St. Louis Park by a contractor due to Dutch
elm disease.
The approved bid prices will also be used to calculate costs in cases where property owners
refuse to comply with the official removal notice. In all other cases, homeowners will be allowed
to solicit their own private bids and may choose to have the work performed by a different
licensed contractor at their expense.
Bid Analysis: Bid packages for the 2005 private diseased tree removal contract were mailed out
in early January to 19 tree firms. Bids were opened on February 2, 2005 at City Hall. Two bids
were subsequently received in the amounts as follows:
North Star Tree Care, Inc. $ 447,760.00
Emery’s Tree Service, Inc. $ 515,525.00
Recommendation: City staff is recommending North Star Tree Care, Inc. as they have
successfully performed two previous private diseased tree removal contracts for the Cities of
Richfield and Bloomington, and are highly recommended by both City representatives.
Prepared by: James Vaughan, Environmental Coordinator
Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 4g - Boulevard Tree Removal Contract
Page 1
4g. Motion to designate B.J. Haines Tree Service as the lowest responsible bidder and
authorize execution of a contract for the 2005 Boulevard Tree and Stump Removal
Program in an amount not to exceed $182,070.66
Background: Prior to 2004, all boulevard tree removals were performed by City staff with total
expense for removals covered under the Parks and Recreation Department budget. Due to budget
cuts implemented in 2003, all removal costs are now equally shared by the City and impacted
property owners.
City staff will identify and mark all diseased, dead and hazardous trees on boulevards for
removal. Once marked for removal, staff will send a proposal to the impacted property owner for
50% of the cost of tree and stump removal (stump removal will include grinding stump, removal
of grinding debris, backfilling stump hole with quality black soil and seeding area with specified
grass seed mix). If the resident chooses to use B.J. Haines Tree Service, the City will invoice the
property owner for 50% of the removal costs. If 20 days passes without a reply from the residing
property owner, the City will condemn the tree. Once condemned, the tree will then be removed
by B.J. Haines Tree Service and the cost of the removal will be assessed against the property
owner’s property taxes if the invoice for tree removal is not paid.
Bid Analysis: Bid packages for the 2005 Boulevard Tree and Stump Removal contract were
mailed out in early January to 19 tree firms. Bids were opened on February 11, 2005 at City Hall.
Five bids were subsequently received in the amounts as follows:
B.J. Haines Tree Service. $ 182,070.66
North Star Tree Service, Inc. $ 254,250.00
S & S Tree & Horticulture, Inc. $ 289,290.00
Emery’s Tree Service, Inc. $ 297,045.00
A Topnotch Treecare Service, Inc $ 400,687.00
Recommendation: Staff recommends B.J. Haines Tree Service as the 2005 Boulevard Tree and
Stump Removal Contractor. B.J. Haines has most recently successfully performed a similar
contract for the City of Stillwater.
Prepared by: Jim Vaughan, Environmental Coordinator
Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Agenda
Item # : 022205 - 4i - TWC Franchise Term Extension
Page 1
4i. Motion to adopt resolution approving six month extension of Time Warner Cable TV Franchise Agreement
Background:
The 36-month period preceding the expiration of a cable tv franchise is used to evaluate the legal, technical and financial qualifications of the current cable system operator, Time Warner (TW); evaluate the current and anticipated needs of different communities within the City (a “Renewal Proceeding”); and negotiate the terms of a new agreement. The City participated in formal surveys of residents and businesses in 2000 and 2003. Meetings with Time Warner began in October, 2003.
Meetings occurred at approximately 60-day intervals. City staff (Reg Dunlap; John McHugh; Clint Pires; Charlie Meyer, Tom Harmening; City Attorney Joel Jamnik) met with Time Warner (TW MN District staff Kim Roden; Lance Leupold; TW Corporate Council, Gary Matz), usually at City Hall. Both sides advocated their business points, and considerable progress occurred to reach agreement on most items. Summary of Outstanding Business Points:
Customer service description: change 3 page amendment [(Section 9-719(2) amended by Ord.
1784-89, 4/17/89)] to two paragraphs – awaiting TW response.
Cost allocation for fiber optic construction: at City’s request, TW proposes 3, 2-fiber links to City Hall for term of franchise. TW cost allocation unstated. Emergency Alert system for both analog and digital subscribers: current modified dedicated system for reaching digital subscribers has not been offered to City for regular monthly tests. Transition of Local Origination from TW to City: Equipment transfer or advance financing from customer monthly access fee has not been finalized. Local TV Studio: Continued use of TW studio or Community use of ISD 283 SHS studio in discussion. Level Playing Field Language: Language above baseline conditioned on other issues in play. Term of new agreement (10 or 15 years) conditioned on resolution of above issues. Staff will plan to meet with Council at a study session to cover these outstanding business points in more detail.
City Attorney and Staff Proposal:
The City has proposed a six month time line (January 19, 2005 meeting) to complete the process, and Time Warner (February 11, 2005 meeting) has agreed. The current agreement allows the City Council to approve up to a six month extension to the term of the current franchise.
SECTION 9 – 725
EXPIRATION OR REVOCATION OF FRANCHISE
(1) Expiration; Extended Operation. Pg.127
St. Louis Park City Council Agenda
Item # : 022205 - 4i - TWC Franchise Term Extension
Page 2
Upon the expiration of a Franchise Ordinance, the City may by resolution direct the
Company to operate the Franchise Ordinance for an extended period of not to exceed six
(6) months after the date of expiration. The Company agrees to comply with such a
direction. All provisions of the Franchise Ordinance shall continue to apply to operations
during an extension period.
2005 Meeting Plan Agreed to by Time Warner and City:
• Prior to February meeting: TWC, City submit specific language
• February meeting: Language discussed
• Prior to March meeting: franchise mark-ups submitted by City
• March meeting: City franchise mark-ups discussed
• Prior to April meeting: Both parties exchange markups
• April meeting: Both parties discuss markups
• Prior to May meeting: reconcile markups
• May meeting: Council members invited to attend and preview language
• Prior to June meeting: action as needed
• June meeting: Public Hearing on draft ordinance
• Prior to July meeting: action as needed
• July meeting: Public hearing on proposed ordinance
• Prior to August meeting: action as needed
• August meeting: Council Vote on proposed ordinance
Recommendation:
It is staff’s recommendation that Council approve the attached resolution which directs Time Warner to operate the current Franchise Ordinance for a six (6) month period, after the date (February 27, 2005) of expiration with all provisions of the Franchise Ordinance continuing to apply to operations during this extension period.
Prepared by: John McHugh, Community TV Coordinator, through Clint Pires, Director of Technology and Support Services
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Agenda
Item # : 022205 - 4i - TWC Franchise Term Extension
Page 3
RESOLUTION NO. 05-033
A Resolution Pursuant To The Cable Communications Franchise Of The City Of St. Louis
Park Extending The Termination Date Of Existing Franchise
WHEREAS, the City has reviewed an existing franchise ordinance between it and Nortel Cable
Associates (D.B.A. Time Warner Cable MN); and
WHEREAS, the existing cable communications franchise ordinance term ends in five days; and
WHEREAS, the process of renewal was not completed prior to the end of the term of the
franchise; and whereas, under Section 9-721 of the franchise, provision is made for extension of
the franchise term for a period of six months after the date of expiration; and
WHEREAS, the staff of the City of St. Louis Park has been diligently working together with
Nortel Cable to evaluate and negotiate the terms of a proposed new cable communications
franchise to serve the City of St. Louis Park; and
WHEREAS, on February 11, 2005 the staff of the City of St. Louis Park, together with
representatives of Nortel Cable agreed to a timeframe within which to complete negotiations for
the purpose of arriving at a resolution of various terms and conditions; and
WHEREAS, it is the intent of the City Council by this resolution to confirm the extension of the
franchise term for a period of six months after the termination date of February 27, 2005 to
permit the full and complete resolution of all issues and conditions necessary for the Council to
properly evaluate a proposed new franchise ordinance.
NOW, THEREFORE, be it resolved by the City Council of the City of St. Louis Park that
under the provisions of Section 9-721 of the Cable Communications Franchise Ordinance of the
City of St. Louis Park, the expiration date of the said franchise is extended for a period of six
months from February 27, 2005.
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
January 5, 2005--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer,
Dennis Morris, Jerry Timian
MEMBERS ABSENT: Michelle Bissonnette, Carl Robertson
STAFF PRESENT: Judie Erickson, Jean McGann, Meg McMonigal,
Nancy Sells
1. Call to Order – Roll Call
Commissioner Morris called the meeting to order at 6:00 p.m.
2. Approval of Minutes of December 1, 2004
Commissioner Carper made a motion to move approval of the minutes of
December 1, 2004. The motion passed 5-0.
3. Hearings
A. Case Nos. 04-68-CP and 04-69-Z——Request by Nathan and Marcy
Schultz for a Comprehensive Plan Amendment from Low Density
Residential to Medium Density Residential and a Rezoning from R-2 to R-
3 to allow a twin home on the property at 4022 Yosemite Avenue South
Planning and Zoning Supervisor Meg McMonigal presented the staff report. Ms.
McMonigal said the applicant proposes to create a buffer between existing uses by
allowing the transition of a twin home. She explained that in doing an analysis, staff
looked at the idea of a buffer or transition of uses, and believes the proposal would create
two transitions instead of one—one from the commercial to the two-family and one from
the two-family to the single family. She said it is not unusual for single family homes to
abut commercial uses on Excelsior Blvd. Ms. McMonigal added that the twin home
design which was proposed doesn’t seem to match the single family character of the area
nor relate to the commercial uses. As a result, staff has a hard time seeing that it actually
would provide a transition between the uses.
Ms. McMonigal said the staff recommendation is that the request to change the land use
and the zoning be denied.
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 2
Nathan and Marcy Schultz, applicants, distributed a proposal for 4022 Yosemite Ave. S.
to Commissioners and staff. Mr. Schultz discussed the proposal and pointed out photos
of similar homes in the neighborhood. Mr. Schultz stated that the association
neighborhood president has indicated her concerns about height. He discussed an
alternate proposal for a shorter structure which would put side loading garages on the
front and drop the structure down significantly. The downside would be the depth of the
driveway at 7 feet. He explained if it was a front loading garage, the driveway would be
a little easier to maneuver through. He said if the City feels it would be in the best
interest to have a twin home designed in a single family home style, it would be a great
opportunity to a allow a 3-bedroom home which would still be roughly 1300 square feet.
Commissioner Morris asked if the applicant had considered building a single family
home.
Mr. Schultz responded that they did look at doing a single family home. Their goal is
for Marcy Schultz to be a stay-at-home mother. The only way they can accomplish that
with the budget and constraints they have is to live in one of the twin home units.
Commissioner Carper said it appears that the current structure is occupying two platted
lots. He asked if the applicant could develop two single family homes on the two lots and
sell one of them.
Ms. Schultz said they are trying to put themselves in a position where they can meet their
goals in a cost effective way and the twinhome proposal provides this.
There was a discussion between Commissioner Morris, Mr. Schultz, and Ms. McMonigal
about frontage requirements and subdividing the lot.
Ms. McMonigal said the two lots have been made into one lot for tax purposes and they
are considered one lot for zoning purposes.
Commissioner Timian asked the applicants if they planned on selling one of the units.
Mr. Schultz responded that they plan on selling one side of the twinhome.
Commissioner Morris opened the public hearing.
Peg Adams, 4030 Yosemite, said she and Helen Eisel own the adjoining the property.
Twenty years ago when they moved in they wanted a single family dwelling area. They
knew the Fred G. Anderson building was behind their property. They would feel boxed
in on both sides if the applicant’s proposal was approved. Ms. Adams is not in favor of
the proposal and her preference is that the neighborhood remains zoned for single family
dwellings. Ms. Adams said that currently there aren’t very many neighbors who can
speak about the proposal. She explained that two of the houses on the block will be for
sale shortly.
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 3
Commissioner Timian asked if Ms. Adams had seen the alternative drawing showing
reduced height.
Ms. Adams said she has seen it and she prefers that alternative, but she would still rather
see a single family dwelling constructed.
Helen Eisel, 4030 Yosemite, said she commends the applicant for wanting to be a stay at
home parent. She commented that the applicant’s building plans in Ham Lake became
financially unworkable. She asked if the current proposal would also become
unworkable. Ms. Eisel asked about tax issues if the applicant sells the second unit.
Ms. Eisel said there are changes in the neighborhood with two homes up for sale. She
said she would like to see the site remain single family with a large yard.
Linda Sandbo, president of the Brookside neighborhood association, read reactions to the
proposal sent to her by e-mail from resident Mary Anderson. Ms. Anderson commented
that the zoning change would be a bad precedent, the neighborhood doesn’t need multi-
family units, the proposed construction doesn’t fit into the neighborhood, and she doesn’t
want to see garages in front.
Ms. Sandbo said she agrees with the staff analysis. She mentioned a nice, large single
family home in the Creekside neighborhood which was built abutting a print shop on
Excelsior Blvd.
Richard Holitz, Midwest Mailing Systems, 5801 Exc. Blvd., owner of the commercial
property directly adjacent to the proposed site, said he agrees with the staff analysis
regarding transition zones. He stated that he is deeply concerned about the plan and
how it might affect the value of his property. He commented on issues such as
aesthetics, buffer zones, height, and the general look and feel of the neighborhood.
As no one else was present wishing to speak, Commissioner Morris closed the public
hearing.
Commissioner Morris commented that the matter before the Commission is land use. It
is not to decide whether or not the proposed building is acceptable. He added that the
Commission’s job is to focus on what is best for the community and this particular lot,
rather than the specific plan.
Commissioner Carper said the materials provided by the applicant were good but he
wishes he could have seen the materials earlier. He remarked that there are other homes
in the neighborhood that either originally were constructed with two stories or have
added two stories. He said the City is trying to encourage move-up housing and second
stories will be added to homes. He said a transition is likely to occur in the
neighborhood. Commissioner Carper said the first proposal didn’t fit into the
neighborhood. The second proposal does seem to fit into the neighborhood. He said he
thinks it would be advantageous to the area to have this type of home.
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 4
Commissioner Kramer asked about ownership, maintenance and management issues
because of the shared common walls of the twinhome. He asked if new issues would
be created if the applicant’s request is approved.
Ms. McMonigal explained that these issues are up to the owner. She said that the
property would have to remain one lot and would have to be condominiumized. The
owner could put some restrictive covenants on the condominium which might include
some maintenance. Ms. McMonigal added that the City is starting up a one and two
family rental maintenance/inspection program.
Mr. Schultz said he has had conversations with Ms. Sandbo who had concerns about
ownership and maintenance. Ms. Sandbo is concerned that property is maintained only
as well as an association is maintained. If the neighborhood is not comfortable with an
association, Mr. Schultz said bylaws could be put in place. Basically the owner would
own the inside contents as stated wall to wall. The home owner would be responsible for
the exterior, sodding, roofing, and front yard and/or use an association for that
maintenance. Mr. Schultz said he thinks it would be best to have bylaws in place which
would allow the homeowner to be responsible for inside and outside, though they
wouldn’t own the land necessarily, but would have control of the yard.
Commissioner Kramer asked Ms. McMonigal if this proposition would be legal.
Ms. McMonigal responded that it would be legal. The property could be owned in
common or one of the owners could own all of the property and the other party could
own just a unit.
Commissioner Morris noted the following statistic from the Comprehensive Plan: 13%
of the single family housing stock in St. Louis Park are twin homes. Of the 13%, 37%
are owner occupied twin homes. He added that there are only two alternatives for the
Schultz’s lot. The lot can support one family in residence or it can be designed to
support two families in residence.
Commissioner Johnston-Madison said she appreciates the Schultz’ goals. She said she
believes the best, highest use of the lot is for a single family home. She commented that
as discussed at the City’s Housing Summit, the City does need move-up housing. She
said she would, however, be against recommending this Comp Plan and zoning change
for this particular area.
Commissioner Timian said the Housing Summit has addressed options for people to stay
and move into St. Louis Park. He stated that younger people continue to be priced out
of the community. He said the proposal seems like a very interesting way to put two nice
affordable homes into the community. He suggested another ownership possibility
would be a land trust option. He went on to say that one of the goals and strengths of St.
Louis Park over the years was that families could move into an affordable community
and a parent could stay home with children, or a single parent wouldn’t have to work two
jobs.
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 5
Commissioner Johnston-Madison said she would caution Commissioners to take a very
hard look at this particular plan. She commented that the nature of the set-up could
produce rental housing in the future. It could be a difficult unit to sell under the
circumstances, leaving the neighborhood exposed to having one side rented or eventually
both sides becoming rental property. She said the neighborhood doesn’t need more
rental housing. She added that if this kind of housing is going to be promoted in the
City, she doesn’t believe this is the area for it.
Commissioner Timian said the land trust option would be good for younger people,
especially, who have been priced out of the community.
Commissioner Johnston-Madison said if the City makes the Comp Plan and rezoning
change now, there is no way to guarantee the outcome.
Commissioner Kramer said he can see both sides. He said the lot clearly has challenges,
but there is an opportunity to do something innovative. He said he doesn’t have a
problem with two homes, but is perplexed about the ownership options. Commissioner
Kramer said that the proposal is the first step in making a low-risk innovation. He said
he is in favor of the request but would like to see some better solutions about ownership
and would like answers to some of the questions that have been raised.
Mr. Holitz, Midwest Mailing Systems, said he fully respected the intentions of the
applicants. He appreciates that the City is trying to accommodate new families coming
into the area. Mr. Holitz said that businesses and homeowners have been paying taxes
for many years and supporting the neighborhood by maintaining their properties. Their
concerns regarding the property need to be heard as changes will affect their property and
livelihoods.
Commissioner Morris said initially he agreed with the staff recommendation. He toured
the neighborhood and looked at the housing stock. Now he feels more split in his
opinion. The lot has been sitting there, unused with a dilapidated building and ultimately
it’s a buildable lot. No one has come forward to build a single family home on it. He
asked in considering the size of the lot, is it realistic to expect that a single family home
built on that lot would fit into the neighborhood. The site can support a much larger
home which is out of character with the homes on the street. He suggested that whether
there is a twinhome or a larger single family home, it will still be out of character with
the neighborhood. Commissioner Morris said he is inclined to say that the proposal is
not a detriment to the neighborhood because it isn’t likely that a single family home is
going to be built into the fabric of the existing neighborhood.
Commissioner Carper said he assumed that if the request is approved, the Commission
can’t make any conditions regarding the structure to be built.
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 6
Ms. McMonigal said under Minnesota state law, rezoning a property cannot have
conditions attached to it. The applicant can work out a variety of ownership options.
The City has no control over that.
There was a discussion about how long the site was vacant. Mr. Schultz said he had
reports that the house was vacant anywhere from 2-4 years. It went on the market in the
summer of 2004 for two weeks. Mr. Holitz, Midwest Mailing Systems, said he inquired
about the property shortly after the Schultz’ inquired about it . He said he would build a
single family home on the property to save the neighborhood and the value of his
building.
Commissioner Johnston-Madison made a motion to recommend denial of the request for
Comprehensive Plan Amendment from Low Density Residential to Medium Density
Residential and a rezoning from R-2 to R-3 to allow a twin home on the property at 4022
Yosemite Avenue South. The motion failed 1-4 with Commissioner Johnston-Madison
voting to recommend denial and Commissioners Carper, Kramer, Morris and Timian
voting opposed to the motion.
Lars Wallin, 6012 Hamilton Street, stated that he has lived in St. Louis Park for over 40
years. He said he owns a duplex on the north side of Yosemite across Excelsior Blvd.
He stated that he can’t see any more perfect property for the proposal. He suggested
tuck under garages from the back of the property would be the best design.
Commissioner Timian made a motion to recommend approval of the request for
Comprehensive Plan Amendment from Low Density Residential to Medium Density
Residential and a rezoning from R-2 to R-3 to allow a twin home on the property at 4022
Yosemite Avenue South.
Commissioner Johnston-Madison asked Commissioners to keep in mind that there is
absolutely no control over what happens, whether it even gets built, and if it doesn’t get
built the recommendation for the change to the Comp Plan and the zoning for the
property remains.
The motion to recommend approval of the request for Comprehensive Plan Amendment
from Low Density Residential to Medium Density Residential and a rezoning from R-2
to R-3 to allow a twin home on the property at 4022 Yosemite Avenue South passed on a
vote of 4-1 (Johnston-Madison opposed).
Ms. McMonigal said the request would go before the City Council on February 7.
B. Case No. 04-67-CP—Amendment to Comprehensive Plan to amend a 5-year
Capital Improvement Program (CIP)
Ms. Erickson provided a staff report.
St. Louis Park City Council Meeting
Item: 022205 - 4j - Planning Comm minutes 1-5-05
Page 7
Jean McGann, Finance Director, distributed the 2005 adopted budget which includes the
CIP document and an executive summary of the 5-year CIP.
Commissioner Morris opened the public hearing. As no one was present wishing to
speak, Commissioner Morris closed the public hearing.
Commissioner Carper made a motion that the Commission finds the CIP 2005 – 2009
consistent with the Comprehensive Plan 2000-2020 and recommends that the City
Council adopt a resolution amending the Comprehensive Plan 2000-2020 to incorporate
the CIP 2005-2009 subject to Metropolitan Council review. The motion passed 5-0.
4. Unfinished Business
Ms. McMonigal reported that Discoveries for Children has withdrawn its request
for a conditional use permit on Lynn Ave. S. Discoveries for Children will be
moving to a temporary location and in June will move to Eliot School.
5. New Business
A. Elect Chair and Vice-Chair
Commissioner Morris nominated Lynne Carper for Chair. The motion
passed 4-0-1 (Carper abstained).
Commissioner Carper nominated Dennis Morris for Vice-Chair. The
motion passed 4-0-1 (Morris abstained).
6. Communications
Commissioner Morris volunteered to review the Rules of Procedure in reference
to e-mail communications, circulating information and open meeting laws in
preparation for adopting a policy or proposing an amendment regarding those
subjects.
7. Miscellaneous
8. Adjournment
Commissioner Morris adjourned the meeting at 7:30 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
Item: 022205 - 4k - Hsg Auth Minutes 1-12-05
Page 1
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, January 12, 2005
Hamilton House, Activity 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, Kevin Locke, and Michele Schnitker
1. Call to Order
Commissioner Courtney called the meeting to order at 5:25 p.m.
2. Approval of Minutes for December, 2004
The December 8, 2004 minutes were unanimously approved with the following correction to
page 2, paragraph 6b: replace Courteney with Courtney.
3. Hearings
a. Housing Authority 5-Year and Annual Agency Plan 2005
After Ms. Schnitker presented the HA’s 5-Year Plan and Annual Agency Plan 2005,
Commissioner Courtney opened the Public Hearing. There were two Hamilton
House residents present at the Public Hearing. After discussion, Commissioner
Courtney closed the Public Hearing.
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Housing Authority Certification with Housing Authority Plans and Related
Regulations, Resolution No. 532
Ms. Schnitker provided additional explanation of the HA’s Streamlined 5-Year Plan
for Fiscal Years 2005 – 2009, and the Streamlined Annual Plan for Fiscal Year 2005.
The 5-Year Plan describes the mission and goals of the HA and is more
comprehensive, and the Annual Plan addresses the immediate operations, procedures,
day-to-day activities, and policies that govern the HA. Commissioner Mavity moved
for approval of Resolution No. 532, PHA Certifications of Compliance with the PHA
Plans and Related Regulations: Board Resolution to Accompany the Streamlined
Annual PHA Plan. Commissioner Daniel seconded the motion, and the motion
passed on a vote of 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity,
and Moore voting in favor.
b. Contract Extension – Discount Loan Program
Ms. Schnitker stated that the Discount Loan Program through the HA and the current
program loan administrator, the Center for Energy and Environment (CEE) has been
very successful. Commissioner Fillbrandt moved to approve the Discount Loan
Program Contract Extension, and Commissioner Daniel seconded the motion. The
motion passed on a vote of 5-0, with Commissioners Courtney, Daniel, Fillbrandt,
Mavity, and Moore voting in favor.
7. Communications from Executive Director
a. Claims List No. 1–2005
Commissioner Moore moved for ratification of Claims List No. 1–2005, and
Commissioner Daniel seconded the motion. The motion passed 5-0, with
Commissioners Courtney, Daniel, Fillbrandt, Mavity, and Moore voting in favor.
b. Communications
1. Update – Housing Summit
2. Update – Louisiana Court
3. Monthly Report for January, 2005
4. Scattered-Site Houses and Hamilton House (verbal report)
5. Draft Financial Statements
8. Other
Commissioner Fillbrandt provided the Board with an update on the Excess Land Task Force.
A tour of the properties involved is scheduled for Saturday, January 29, 2005.
9. Adjournment
Commissioner Moore moved to adjourn the meeting, and Commissioner Fillbrandt seconded
the motion. The motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt,
Mavity, and Moore voting in favor. The meeting was adjourned at 6:20 p.m.
Respectfully Submitted,
Anne Mavity, Secretary
2
St. Louis Park City Council Meeting
Item: 022205 - 4l - Resolution Recognizing Gary Willey
Page 1
RESOLUTION NO. 05-034
RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK,
MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING
APPRECIATION TO GARY WILLEY
WHEREAS, Gary Willey began his employment with the City of St. Louis Park over 35 years ago
on February 9, 1970; and
WHEREAS, Gary has earned the respect of peers and citizens; and
WHEREAS, Gary has worked diligently in the Parks and Recreation Department, moving from the
position of general laborer to a Maintenance Level Two; and
WHEREAS, Gary takes pride in his work and has received numerous compliments for his
preparation of ball fields for important sports tournaments; and
WHEREAS, Gary will spend his retirement pursuing favorite activities such as NASCAR, golfing,
and spending time with his family;
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 Gary Willey for his great
contributions and 35 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 February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 4m - Resolution Recognizing Sherry Engelman
Page 1
RESOLUTION NO. 05-035
RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK,
MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING
APPRECIATION TO CHERYL ENGELMAN
WHEREAS, Cheryl Engelman began her employment with the City of St. Louis Park almost 30
years ago on March 3, 1975; and
WHEREAS, Cheryl has earned the respect of her peers in the environmental health field, SLP
business community members and fellow employees; and
WHEREAS, Cheryl served as the President of the Minnesota Environmental Health Association in
1988; and
WHEREAS, Cheryl was honored to receive the MEHA Merit Award in 1984 and was nominated for
the TwinWest Women of Achievement Award; and
WHEREAS, Cheryl will be assuming the position of Director of the Edina Health Department;
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 Cheryl Engelman for her great
contributions and 30 years of dedicated service to the City of St. Louis Park and wish her the best in her
future endeavors.
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 1
6a. Public Hearing to Consider Allocation of 2005 Community Development Block
Grant Funds
Resolution approving the proposed use of $218,739 of 2005 Urban Hennepin County
CDBF Funds, reallocation of 2004 funds, and authorizing execution of Subrecipient
Agreement with Hennepin County and any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving proposed use of funds for 2005 Urban
Hennepin County Community Development Block Grant funds,
reallocation of 2004 funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related
Third Party Agreements
Background:
The City will receive approximately $218,739 in federal CDBG funds in 2005 through Hennepin
County. The national objectives of the program are:
• Benefit low and moderate-income persons (moderate is defined as up to 80% of median
income or $57,500 for a family of four, and low is defined as up to 50% of median income or
$38,350 for a family of four in 2004).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
Over the past several years, the City Council has focused CDBG funds to support capital hard
cost activities (sticks and bricks) with a small portion for multifamily related support services.
The emphasis has been to address improvements to the housing stock for low-income families,
both single-family owners and multifamily tenants.
2005 CDBG Allocation of Funding:
The City is expected to receive $218,739 in 2005 CDBG funds, which reflects the continued
national funding reductions. The current proposed federal budget eliminates the CDBG
program in 2006. As was discussed during the City Council study session on February 14, 2005
the proposed funding allocations would continue the Council’s focused approach for expending
CDBG funds and meet the program’s national objectives. The Housing Authority of St. Louis
Park discussed and supported the proposed allocation at the February 9, 2005 Board meeting.
Based on the February 14, 2005 study session discussion, the Council is asked to approve the
following use of 2005 Community Development Block Grant funds. Additional detailed
information regarding the proposed allocation is provided in the attached staff memo from the
February 14, 2005, study session.
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 2
Proposed 2005 Allocation - $218,739
Project Activity Proposed Allocation
Multifamily Housing Rehabilitation $194,739
Emergency Repair Program – Single Family $15,000
Social Service Coordinator Hamilton House $9,000
Total $218,739
Reallocation of 2004 CDBG Funds
At the Study Session of February 14, 2005, the City Council reviewed the proposed reallocation of
2004 grant year funds in the amount of $62,506 to ensure expenditure of funds within the 2004 grant
year timeline
• The 2004 funds from scattered site acquisition/demo ($62,506) will be reallocated to the
Housing Authority’s TRAILS Family Self Sufficiency Program, ($21,300), and Single
Family Emergency Repair Program ($41,206).
Next Steps:
After the public hearing on February 22, 2005 and authorization of the proposed CDBG funding
by the Council, staff will submit the Request for Funding to Hennepin County.
Recommendation:
Motion to adopt the Resolution approving the proposed use of 2005 Urban Hennepin County
Community Development Block Grant funds and proposed reallocation of 2004 funds, and
authorizing execution of Subrecipient Agreement with Hennepin county and any related Third Party
Agreements.
Attachments: Resolution
February 14, 2005 Study Session Memo regarding CDBG Funds for 2005.
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 3
RESOLUTION NO. 05-026
RESOLUTION APPROVING PROPOSED USE OF FUNDS FOR 2005
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FUNDS, REALLOCATION OF 2004 FUNDS,
AND
AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community
Development Block Grant program; and
WHEREAS, the City of St. Louis Park developed a proposal for the use of 2005 Urban
Hennepin County CDBG funds made available to it; and
WHEREAS, the City of St. Louis Park held a public hearing on February 22, 2005 to
obtain the views of citizens on local and urban Hennepin County housing and community
development needs and priorities for the City’s proposed use of $218,739 from the 2005 Urban
Hennepin County Community Development Block Grant.
BE IT RESOLVED, that the City Council of St. Louis Park approves the following
projects for funding from the 2005 Urban Hennepin County Community Development Block
Grant Program and authorizes submittal of the proposal to Hennepin County.
Project Activity Proposed Allocation
Multifamily Housing Rehabilitation $194,739
Emergency Repair Program – Single Family $15,000
Social Service Coordinator Hamilton House $9,000
Total $218,739
BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the
reallocation of Community Development Block Grant funds by reallocating 2004 funds as follows:
$62,506 from the scattered site acquisition project, to approved existing projects: single family
emergency repair program, $41,206 and Public Service for the Housing Authority’s TRAILS Self
Sufficiency program $21,300.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the
Mayor and its City Manager to execute a Subrecipient Agreement and any required Third Party
Agreements on behalf of the City to implement the 2005 CDBG program.
Adopted this 22nd Day of February, 2005
(Insert Signature Block Here)
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 4
Staff Report from February 14, 2005 Study Session – CDBG Allocation
2. Grant Year 2005 Community Development Block Grant
(CDBG) Funds Proposed Allocation
Community
Development
PURPOSE OF DISCUSSION:
Staff would like to discuss with Council and receive direction on the CDBG funding priorities
for the 2005 CDBG program that runs from July 1, 2005 through December 31, 2006.
BACKGROUND
The City will receive approximately $218,739 in federal CDBG funds in 2005 through Hennepin
County. This allocation reflects the continuing nationwide decrease of CDBG funding - funding
levels for St. Louis Park have declined every year since 1999 - from $280,000 to $219,000 in
2005. It is anticipated that federal funding levels will continue to decrease as the proposed
federal budget eliminates the CDBG program in 2006.
The City’s allocation is based on the HUD formula using the City’s share of three factors for
Urban Hennepin County: 1) population; 2) number of persons with incomes at or below poverty;
and 3) overcrowded housing units. The national objectives of the program are:
• Benefit low and moderate-income persons (moderate is defined as up to 80% of median
income or $57,500 for a family of four, and low is defined as up to 50% of median income or
$38,350 for a family of four in 2004).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
The City Council has focused CDBG funds to support capital hard cost activities (sticks and
bricks) with a small portion for multifamily related support services. The emphasis has been to
address improvements to the housing stock for low-income families, both single-family owners
and multifamily tenants.
The St. Louis Park Housing Authority will be reviewing the proposed allocation at its February
9, 2005 Housing Authority meeting.
1. PROPOSED 2005 CDBG ALLOCATION
The proposed activities for the allocation of CDBG funds reflect the priorities described in
Vision St. Louis Park and the Economic Development Strategic Plan for Housing and Business
and the draft housing goals developed by the Housing Summit.
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 5
Table 1: Proposed 2005 Allocation - $218,739
Project Activity Project
Amount
City
Admin
Proposed
Allocation
Multifamily Housing Rehabilitation $188,900 $5,839 $194,739
Emergency Repair Program – Single Family $14,550 $450 $15,000
Social Service Coordinator Hamilton House $8,730 $270 $9,000
Total $212,180 $6,559 $218,739
This year’s proposed allocation directs funding primarily to the multifamily housing stock. This
reflects the fact that the low income single family deferred loan program for major rehab is fully
funded from our previous reallocation and that the remaining available balance will adequately
support rehab activity for 2005. As a result, additional funding for the single family deferred
loan program in 2005 is unnecessary.
Multifamily Housing Rehab – $194,739
This project is consistent with the focus of CDBG funds to assist with capital improvements of
housing for low-income residents. Generally, the lowest income residents live in housing
provided by private non-profit affordable and supportive housing providers and the St. Louis
Park Housing Authority. Funding for housing for the lowest-income renters concurs with
Hennepin County’s CDBG highest funding priority. Following is a table outlining CDBG
funding for multifamily sticks and brick improvements over the past decade. In addition to
funding the private non-profit low-income housing providers, CDBG funds were used for a park
shelter at Meadowbrook Manor.
Table 2: Low Income Housing Providers and CDBG Funding from 1994-2004
Provider # Units CDBG $ CDBG $/Unit
Wayside House 20 $120,000 $6,000
Perspectives Inc 24 $121,000 $5,042
Vail Place 7 $25,000 $3,571
Community Involvement Program 16 $62,600 $3,913
Project for Pride in Living 129 $140,000 $1,085
Total 196 $468,600 $2,391
Staff desires to discuss directing the multifamily funding to an appropriate low-income housing
provider.
Emergency Repair Program – Single Family $15,000
This program is consistent with the Council’s focus on stick and bricks and has proven its
responsiveness to low income seniors and vulnerable residents with annual incomes of 50% or
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 6
less of the median area income, ($26,850 for a single household) and assets less than $25,000,
and provides grants of up to $4,000 for emergencies such as leaking roofs and water heaters.
Community Action for Suburban Hennepin County (CASH) currently administers this program
for the City.
Staff is also proposing a reallocation of 2004 funds to fund this activity to a level of $56,206
which would assist approximately 20 residents.
Social Service Coordinator Hamilton House $9,000
The purpose of this activity is to provide an on-site social service coordinator for residents
(seniors and adults with disabilities) at St. Louis Park Housing Authority’s Hamilton House. The
HA is proposing that Vail Place provide this service to its residents. Vail Place would leverage a
grant with the CDBG funds to provide 10 hours of on-site social service case management for
the tenants at Hamilton House.
2. PROPOSED REALLOCATION OF 2004 FUNDS ($62,506)
The CDBG funding cycle results in expenditures from 3 grant years in any given calendar year.
Reallocation of funds from one grant year to another allows the flexibility to ensure community
needs are met as they arise. Staff suggest that re-allocation of 2004 funds be included with the
2005 grant year resolution. (2003 CDBG were expended in a timely manner.)
There is a balance of $62,506 for scattered site acquisition activity that will not be expended as
required by June 2005. CDBG now requires that scattered site acquisition funds be used in a
ratio where 20% of expenditures result in the development of low-income housing replacement.
Since we have no projects designated for acquisition, demolition and construction of affordable
housing, we will not expend these funds in a timely manner.
The activities outlined in the table below can spend funds in a timely manner.
Table 2: 2004 Proposed Reallocation
Project Activity Project
Amount
City
Admin
Reallocation
Amount
Family Self Sufficiency Program. $20,660 $640 $21,300
Emergency Repair Program - Single family $39,970 $1,236 $41,206
Total $60,630 $1,876 $62,506
Family Self Sufficiency Program $21,300
This program provides self-sufficiency support to St. Louis Park Housing Authority’s Public
Housing residents and Section 8 voucher holders. For the past nine years, the Family Self
Sufficiency program has assisted over 150 Section 8 and Public Housing tenants to build their
St. Louis Park City Council Meeting
Item: 022205 - 6a - CDBG Public Hearing
Page 7
assets and gain self-sufficiency. HUD Public Housing funding of this program was discontinued
last year and the HA was recently notified that the Section 8 grant funds that have supported the
program for the past five years would not be received. Currently 40 families are participating in
this program with results that lead to full employment, family stability and homeownership.
Allocation of the $21,300 CDBG funds can be leveraged with HUD funds to allow this program
to continue through June 2006 – or until other funding can be secured.
Last year the Council expressed reservations regarding the use of CDBG funds to support the
FSS program. It was not staff’s intention to request an additional allocation this year for FSS,
but due to the unexpected loss of the Section 8 FSS Coordinator Grant, the primary funding
source for the program was eliminated. This year’s CDBG allocation would provide interim
funding for the program. It is not intended that CDBG become a permanent source of funding
for the program. Over the next year, staff will attempt to secure permanent replacement funding.
Emergency Repair Program – Single Family $41,206
Re-allocation of 2004 combined with the allocation of 2005 funds described above will ensure
adequate funding for this program. The program serves home owners that are primarily low
income seniors and vulnerable residents (annual income of 50% or less of the median area
income, $26,850 for a single person household and assets less than $25,000) in need of
emergency home repairs. Approximately 20 residents would be served with this reallocation and
the 2005 allocation as proposed.
Next Steps
If the City Council supports the proposed 2005 allocation and the reallocation of 2004 funds, the
following actions are required to receive 2005 CDBG funds:
February 22, 2005 Public hearing; passage of Resolution outlining proposed activities
March 1, 2005 Submission of application to Hennepin County.
Prepared By: Kathy Larsen, Housing Programs Coordinator
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 1
6b. Proposed Amendments to the City Home Rule Charter
Public hearing and first reading of an ordinance to amend Table of Contents,
Chapters 4, 5, 6, 11, and Index of the City Home Rule Charter. Proposed
amendments relate to a study of the charter conducted over the past two years by
the Charter Commission.
Recommended
Action:
Mayor to close public hearing. Motion to approve first reading
of the ordinance to amend St. Louis Park Home Rule Charter:
Table of Contents, chapters 4, 5, 6, 11, and index, and set second
reading for March 21, 2005 (7 affirmative votes required )
NOTE: Council discussed these proposed revisions at study session on February 7th and a
number of questions were raised. This report is a duplicate of the report studied for that
meeting with the exception of new information which appears in italics. There are also
additional attachments which had not been provided at that discussion.
Background:
Amendments to the St. Louis Park Home Rule Charter have been made periodically since its
original adoption in December 1954. Minnesota statutes provide for four methods to amend the
Charter, which are summarized below:
1. Upon submission of a petition, the Charter Commission submits amendment to voters.
2. Charter Commission directly submits amendment to referendum at regular or special
election.
3. City Council proposes amendment, subject to Charter Commission review, and submits to
referendum.
4. Charter Commission recommends amendment to the City Council for unanimous
enactment by ordinance. After notice, public hearing, no petition calling for a referendum,
and necessary waiting period, the ordinance/amendment takes effect.
The fourth method is proposed for current proposed amendments, and the method historically
used in St. Louis Park.
Charter Commission’s Proposed Amendments:
During 2003-2004, the Charter Commission conducted a systematic review of the city charter.
The Commission solicited input from staff and several of our city attorneys at Campbell Knutson
and Kennedy and Graven. The following narrative outlines their proposed revisions and
rationale for each recommendation.
Chapter 4: Elections - Bring requirements regarding public notice of election and
time of candidate filing into conformance with statute.
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 2
Public Notice - A number of election calendars are published each year by the Secretary
of State, Hennepin County, League of MN Cities and various political organizations.
Dates posted in these publications do not match SLP’s unique dates and result in
confusion for candidates and our staff. This change will also assist the county in
preparation of county-wide notices they are required to publish.
State statute requires the Clerk of election to give two weeks' published notice of the
election, stating the time of the election, the location of each polling place, the offices to
be filled, and all propositions or questions to be voted upon at the election. Our charter
requires that fifteen days notice be given. Because there is no inherent value in posting
notice just one day longer than required by the statute, the commission is recommending
that the provision be changed to match state law.
Candidate Filing - State statute requires that the time candidates may file their petitions
with the local city clerk is no earlier than 10 weeks prior and no later than 8 weeks prior
to the primary election. St. Louis Park is the only Hennepin County city which has
different filing dates and allows for the return of the petition 12 weeks prior. The
Commission is recommending that our charter be changed to match the statutory
requirements.
Note that petitions and campaign packets are still available to be picked up beginning in
April of each odd year and that candidates can still solicit petitions beginning as soon as
they wish. The more limited time period is only that period in which the petition can be
returned to the city clerk. In our experience, no candidate has ever returned their petition
more than a few days prior to the end of the filing period.
Chapter 5: Administration of City Affairs - Recommend revision to allow for more
efficient internal operations by authorizing some contracts of the city to be signed
by the City Manager’s designee.
Purchases and Contracts - All Minnesota cities, regardless of whether they are charter or
statutory, are required to follow state statutory rules for purchases and contracts. Those
rules require city councils to authorize any purchase or contract over $50,000. Contracts
approved by council are signed by the mayor and city manager.
Purchases and contracts less than $50,000 do not require council approval and may be let
by the city manager. This revision will allow the city manager to delegate authority to
sign certain contracts which will streamline our internal operations and assist us in
implementing a system of authorizations currently being developed by our Finance
Department. This system of authorizations will be approved by the City Council.
Chapter 6: Taxation and Finance - Recommend revisions to accurately reflect
common practice in preparation of annual budget and to clarify number of
signatures required to issue bonds.
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 3
Budget Preparation - The term “detail” in modern accounting language typically refers to
line-item detail. The annual budget, however, is prepared on a broader categorical level.
The Charter Commission reasoned that laws related to public disclosure were adequate to
ensure access to more detailed information than the annual budget document and
therefore recommends deletion of the word “detail.”
Bond Issuance - The number of votes required by charter to issue bonds has confused
staff and our attorneys on several occasions. Stephen Bubul, the City’s Bond Counsel
offers the following explanation:
“the existing charter language is somewhat difficult to follow, and in the
past has led to confusion by staff, attorneys and elected officials regarding
the proper application of the six-vote requirement. Therefore, I would
recommend that the Charter Commission consider an amendment to
clarify that the purpose of Section 6.15(b) is to permit issuance of bonds
without election, subject to the six-vote requirement, in situations where
such issuance expands on state law. The amendment should clarify that
Section 6.15(b) is not intended to impose the six-vote requirement on
issuance of bonds that may be issued under state law by majority vote. I
believe this is consistent with the existing charter language, but clarifying
language would help avoid future confusion on this point.
A memo from Mr. Bubul to the Charter Commission further explaining this proposal is
attached. Council also requested a chart of bond types and number of votes required for
each by statute. That summary will be provided by Mr. Bubul who will also be in
attendance at the public hearing to address council’s questions.
Chapter 11. Miscellaneous Provisions - Recommend deletion of sections 11.01
Official Bonds and 11.06 Favors and Contracts
Our current charter language requires the City Manager, the City Clerk, the City Treasurer
and “other officers” as defined by council, to post corporate security bonds. State Statute
requires that cities provide bond coverage for all public employees. This bond coverage is
supplied to all Minnesota Cities through the League of MN Cities Insurance Trust.
Section 11.06 is duplicative of statutory requirements applicable to all city employees
and also duplicative of requirements in chapter 12 applicable to elected officials. Our
charter language is similar, but not the same as statute, and could prove problematic if it
were to be challenged. The statute which applies has been tested and administrative
opinions and case law exists to help us to apply the statute to individual situations. Our
language, however, would need to be analyzed and provisions may be construed to apply
where the statute may not. Therefore, the Charter Commission recommends deletion of
the entire section.
Council has requested additional information about protections in place through statute,
ordinance, council resolution and city administrative policies. Attached is a Charter
Commission agenda report which includes pertinent sections from those sources.
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Council also asked if removal of this section would compromise any protections that may
be in place for volunteers or contractors acting on behalf of the city. Our City Attorneys
have been consulted and stated that any offenses volunteers may commit would be
considered prosecutable offenses under Chapter 609, and any serious contractor
violation would constitute bribery under 609.42. Removal of section 11.06 would create
no additional liability for the city, and would have no bearing on our ability to prosecute
a volunteer or contractor.
Process for Revising the Charter
The process for revising the charter requires advance publication of a public hearing notice, two
readings, unanimous approval by all 7 councilmembers, and a 90-day waiting period following
publication of the adopted ordinance. Council will be setting second reading for March 21st.
Because one of the changes (candidate filing periods) is time-sensitive, council will need to act
no later than March 21st to approve second reading. If we are unable to get all councilmembers
together at that meeting we would consider scheduling a special meeting sometime between
March 8th and March 18th.
Attachments: Memo from Bond Counsel 01/03/05
Charter Comm Report re: 11.06 Gifts and Contracts
Proposed Ordinance
Notice of Public Hearing
Submitted by: Cindy Reichert, City Clerk
Approved by: Tom Harmening, City Manager
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Kennedy 470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
C H A R T E R E D
M E M O R A N D U M
TO: Cynthia Reichert
FROM: Stephen Bubul
DATE: January 3, 2005
RE: City Charter Debt Provisions
Attached is a clean and blacklined revision of Sections 6.15 through 6.18 of the City Charter,
showing the changes I suggest for the Charter Commission to consider. Following are some
comments on the proposed changes:
Section 6.15(a):
The existing language in this paragraph seems to give the City the general authority to issue any
bonds that would be authorized under State law. To clarify this point, I suggest that the
reference to “cities of the same class” be expanded to include “statutory cities.”
I would substitute the word “obligations” for “securities,” to be more precise: obligation is the
term used for all types of debt under Minnesota Statutes, Chapter 475.
Section 6.15(b):
This paragraph is the source of much confusion in the existing charter, as it seems to require six
votes for all bond issues. However, if that voting requirement applied to all bonds—even those
that may be issued without election under State law—it would be inconsistent with Section
6.15(a), and would also be preempted by state law for at least some types of bonds.
I believe the intent of existing Section 6.15(b) is to authorize the issuance of bonds without
election by six votes, when state law would otherwise require an election. The existing language
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also seems to permit the council, by majority vote, to mandate an election even for bonds that
may be issued without election under state law. That provision is most likely preempted by state
law for many (if not most) types of bonds. The remaining language in Section 6.15(b) that I
deleted essentially repeats provisions of state law.
As proposed to be revised, the two paragraphs can be restated as follows:
Under Section 6.15(a), the City can issue any bonds authorized by state law. This includes all
the types of bonds that may be issued without election under state law, including most general
obligation bonds (secured by special assessments, tax increments or utility revenues), and all
private activity bonds (issued for nonprofit corporations, certain types of affordable housing and
certain manufacturing facilities). All these types of bonds may be issued a majority vote, as
permitted under state law.
Under Section 6.15(b), the City may also issue bonds without election if approved by six votes.
This paragraph expands upon the authority under Section 6.15(a), to cover bonds that would
require election under state law. In other words, the six vote requirement only applies in this
special case, where the city issues bonds--without election--that would require an election under
state law.
Section 6.17
The existing language limits the maturity of all bonds to 30 years. Some types of bonds may be
issued under state law with 40-year maturities, so this change simply conforms the charter to
state law.
Section 6.18
The proposed change simply says the same thing more directly: the city may issue debt without
regard to the state debt limit under any circumstance permitted by state law.
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MEMORANDUM
TO: Charter Commissioners
FROM: Cindy Reichert, City Clerk
SUBJECT: Section 11.06 City Officers not to Accept Gifts or Contracts
DATE: December 22, 2004
Our City Attorney, Mr. Tom Scott, had recommended deletion of this section as state statute and
city policies cover this topic. He had pointed out that our charter language, which differs from
state law, has the potential to create a difficult situation if it were to be challenged. In that
situation both the state law and our charter language would apply.
Existing case law and administrative opinions are available to help us apply the language in
statute, but our charter language would need to be analyzed. Because our charter language has
not been tested and no case law or rules are in place to assist us in interpreting the language,
provisions may be construed to apply where state law may not.
Charter Commissioners expressed concern stating that our Charter is more restrictive than state
law in many cases and that our elected officials and city staff are often held to a higher standard
than state statute would require. It was also pointed out that this topic is covered in the Charter’s
Code of Ethics section, but the ethics section applies only to elected officials and not to regular
employees.
MN Statute § 471.895 provisions apply to “local officials". However, the definition of the term
“local official” is vague. It is not known if the law covers all city employees or just certain high
level employees, such as city managers or administrators. The League of MN Cities has advised
its member cities that the safest course of action is to assume the law applies to all employees.
Therefore, our personnel policy and public expenditure policies have been written to conform
with statute and are applicable to all of our employees, regardless of their position. Copies of
other applicable policies and laws are attached.
Some commissioners suggested adopting alternative language which would reference statutory
restrictions. I have discussed this further with Joel Jamnick, one of our attorneys at Campbell
Knutson, and he suggested we consider using provisions included in the League of MN Cities
model charter. Though this language does not specifically reference the statute, the legal effect
is the same, since the uniform contract law provisions apply to charter cities:
Except as otherwise permitted by law, an officer or employee of the city who is
authorized to take part in any manner in a contract with the city in an official
capacity may not voluntarily have a personal financial interest in or personally
benefit from the contract.
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Mr. Jamnick also reviewed the latter part of our existing language regarding voidability of
contracts:
…Any contract with the City in which any member of the City Council or
employee of the City is, or becomes directly or indirectly interested, personally or
as a member of a firm, or as an officer or director of a corporation, shall be
voidable at the option of the Council; and any money which shall have been paid
on such contract by the City may be recovered from any or all of the persons
interested therein by civil action.
Penalties specified in statute for misuse of office are generally criminal sanctions for the
offending officer, and don’t address the validity of the contract itself. Our charter language
doesn’t do much more than put someone on “notice” that the council may seek to avoid
performance based on the conflict, but it also doesn’t limit or harm us to retain it. If the
commission were to decide to delete the language, there would be no harm done as provisions of
common contract law would apply.
The common law analysis would generally depend on the facts of a particular case. If the
councilmember suspected of the violation had cast the deciding vote and there were material
misrepresentations, illegal inducements, fraud, etc. involved, the contract could be void or
voidable under traditional contract law principles. If, however, the conflict is minimal,
disclosed, and the rest of the Council voted in favor of it, the fact that there was a letter of the
law violation of the contract provision probably would not void the contract or excuse the city
from performing the contract.
Attachments: Charter Section 11.06 - City Officers not to accept favors or contracts
MN Statutes §471.895 - Certain gifts by interested persons prohibited
City Code Section 2-121 - Compliance with rules and policies of city
City of S LP Personnel Manual Section 16.2 – Gifts and gratuities
Resolution # 03-013 (Appendix A)– Public Purpose Expenditure Policy
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Charter Section 11.06. City Officers Not to Accept Favors or Contracts.
No member of the City Council or employee of the City shall solicit or receive any pay,
commission, money, thing of value or derive any profit, directly or indirectly, from or by
reason of, any improvement, alteration or repair required by the City, or any contract to
which the City shall be a party except compensation, or salary as a member of the City
Council or as an employee of the City. No member of the City Council or employee of
the City, shall solicit, accept or receive, directly or indirectly, from any public utility any
pass, frank, free ticket, free service or any other favor, upon terms more favorable than
those granted the public generally. A violation of any of the provisions of this section
shall disqualify the offender from continuing in office or in the employment of the City,
and the offender shall be discharged or removed from office. Any contract with the City
in which any member of the City Council or employee of the City is, or becomes directly
or indirectly interested, personally or as a member of a firm, or as an officer or director of
a corporation, shall be voidable at the option of the Council; and any money which shall
have been paid on such contract by the City may be recovered from any or all of the
persons interested therein by civil action.
MN Statutes §471.895 Certain gifts by interested persons prohibited.
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Gift" has the meaning given it in section 10A.071, subdivision 1.
(c) "Interested person" means a person or a representative of a person or association that has a
direct financial interest in a decision that a local official is authorized to make.
(d) "Local official" means an elected or appointed official of a county or city or of an agency,
authority, or instrumentality of a county or city.
Subd. 2. Prohibition.
An interested person may not give a gift or request another to give a gift to a local official. A
local official may not accept a gift from an interested person.
Subd. 3. Exceptions.
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 211A.01, subdivision 5;
(2) services to assist an official in the performance of official duties, including but not
limited to providing advice, consultation, information, and communication in connection
with legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual services in a field of specialty or
to a charitable cause;
(5) a trinket or memento of insignificant value;
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(6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or meeting away from the recipient's
place of work by an organization before whom the recipient appears to make a speech or
answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:
(1) because of the recipient's membership in a group, a majority of whose members are
not local officials, and an equivalent gift is given or offered to the other members of the
group;
(2) by an interested person who is a member of the family of the recipient, unless the gift
is given on behalf of someone who is not a member of that family; or
(3) by a national or multistate organization of governmental organizations or public
officials, if a majority of the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the gift is food or a beverage
given at a reception or meal and an equivalent gift is given or offered to all other
attendees.
City Code Section 2-121. Compliance with rules and policies of city.
All city employees shall comply with state law, city charter, city ordinance and administrative
rules and policies of the city.
City of St. Louis Park Personnel Manual Section 16.2 - Gifts and Gratuities
Employees shall be prohibited from requesting or soliciting any gift or gratuity from any
interested person. ‘Interested person’ means a person or representative of a person or association
that has direct financial interest in a decision that the employer is authorized to make.
Employees shall also be prohibited from accepting an unsolicited gift or gratuity from an
employee or an interested person. The prohibition in this section does not apply if the gift or
gratuity includes the following:
• A contribution as defined in Minnesota statute section 211A.01, subdivision 5
• Services to assist an official in the performance of official duties, including but not limited to
providing advice, consultation, information, and communication in connection with
legislation, and services to constituents
• Services, trinket or memento of insignificant monetary value
• A plaque or similar memento recognizing individual services in a field of specialty or to a
charitable cause
• Informational material of unexceptional value
• Food or a beverage given at a reception, meal, or meeting away from the recipient’s place of
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work by an organization before whom the recipient appears to make a speech or answer
questions as part of a program
• The prohibitions in this section do not apply if the gift is given:
1) Because the recipient’s membership in a group and a majority of members are not local
officials, and an equivalent gift is given to the other group members; or
2) By an interested person who is member of the family of the recipient, unless the gift is
given on behalf of someone who is not a member of that family.
RESOLUTION NO. 03-013
APPENDIX A
CITY OF ST LOUIS PARK
PUBLIC PURPOSE EXPENDITURE POLICY
Every City of St. Louis Park expenditure must be valid based upon the public purpose for which
it is purchased and the specific or implied authority for the expenditure found in the City Charter
or State Law. Section 1.02 of the City Charter provides that the City “Shall have and exercise all
powers, functions, rights and privileges exercised by, or which are incidental to or inherent in,
municipal corporations and are not denied to it by the constitution or general laws of the State of
Minnesota.” Minnesota Statutes § 412.111 provides that the City Council may fix the
compensation of all officers and employees. The City Council has determined that the
expenditures below are for a public purpose authorized by law or charter.
Meetings: food/meals
The City Council recognizes that situations in which city business needs to be discussed can and
do occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee
meetings and events in which reasonable refreshments may add to the success of the meeting
and/or event or create a more productive work force. Meals are allowed at training or meetings
only when they are part of a meeting or training involving official city business and when it is
the only practical time to meet. The following items are deemed to meet the Council definition
of public purpose expenditures in regards to food and meals.
• Meals and refreshments are allowed at city meetings and events that have a purpose of
discussing city issues. These meetings would normally have a pre-planned agenda.
• Meals and refreshments are allowed at employee meetings and events that have a purpose of
discussing city issues or are a part of an employee training. These meetings would also
normally have a pre-planned agenda. This does not include routine staff meetings.
• Meals and refreshments are allowed when they are part of a breakfast/lunch/dinner meeting
for official city business when it is the only practical time to meet. Usually these meals
involve meeting with Councilmembers, committee/commission members, or local
business/service organizations.
• Meals and refreshments are allowed during official meetings of the City Council, Council
committees, advisory boards/commissions, and taskforces.
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• Expense reimbursement for travel expenses for employees are outlined in the personnel
policy, as approved by Council resolution 01-078.
• Coffee is provided by the city for employees at city buildings.
• Refreshments are allowed at welcome break, open to staff several times per year, to allow
employees time to network and meet new staff members.
• CITE (the Committee to Inform and Train Employees) is recognized as the employee
committee, which is responsible for organizing and sponsoring various city employee
training and networking activities. CITE expenditures are for food, refreshments and various
expenses which encourages employees to work together to serve the city. CITE must obtain
pre-approval from Human Resources to expend up to $1,500 per calendar year for planned
employee activities. CITE funds must be approved and part of the general fund.
• Meals and refreshments are allowed at the annual City Volunteer recognition event.
• Meals and refreshments are allowed for the annual seasonal/temporary employee recognition
lunch.
• The City will not purchase or reimburse any Employee, Councilmember or Agent for the
purchase of intoxicating liquor or malt beverages.
Membership and Dues
The City Council has determined that the city will fund memberships and dues for the City,
Councilmembers and its employees in professional organizations and city social and community
organizations when the purpose is to promote, advertise, improve, or develop the city’s resources
and advantages and not personal interest or gain.
Membership in the Local Chamber of Commerce
The Mission of the TwinWest Chamber of Commerce is, in part, to improve the business
environment and build a better community. Toward that end, the St. Louis Park Business
Council was formed as a forum for local businesses and government to work together to ensure
that business opportunities in St. Louis Park are diverse and progressive, and that laws, rules and
procedures enacted by local government are conducive to business operations in the City.
Section 1.02 of the City Charter grants the City “power to deal with all matters of municipal
concern” and the City Council has determined that it serves a public purpose for the City of St.
Louis Park to maintain membership in the Twinwest Chamber of Commerce and to participate as
an equal partner in the St. Louis Park Business Council as a means of promoting, advertising,
improving, and developing the economic resources of the City.
Employee Service Recognition Program
As approved by Council Resolution 00-055, effective January 1, 2000 the City of St. Louis Park
will recognize the longevity of its employees by presenting awards for years of service. The
Employee Service Recognition Program will recognize all benefit earning regular and part-time
employees who work 20 or more hours a week, year round for the City of St. Louis Park.
Awards will be presented to employees on the date of their employment anniversary by the City
Manager and the department director. The department director will arrange a meeting with the
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City Manager to present the service award to the employee. Employees will receive the
following awards in recognition for their years of service with the city:
5 yrs. Awards such as a City of St. Louis Park sweatshirt, an engraved pen, or an engraved
coffee mug and a personalized letter given to the employee (expense ranging from $12 to
$30 or $30 gift certificate).
10 yrs Awards such as an engraved paperweight or engraved key chain and a personalized letter
given to the employee (expense ranging from $30-$40 or $40 gift certificate).
15 yrs Awards such as an engraved letter opener, pocket knife or desk clock and a personalized
letter given to the employee (expense ranging from $40 - $50 or a $50 gift certificate).
20 yrs. Awards such as a larger desk clock, stein, or a gift of employee’s choice and a
personalized letter given to the employee (expense ranging from $50 - $60 or a $60 gift
certificate).
25 yrs. Awards such as an engraved wall clock, a wrist or pocket watch, or a gift of employee’s
choice and a personalized letter given to the employee (expense ranging from $60-$70 or
a $70 gift certificate).
30 yrs. Awards such as those presented for 25 years of service and a personalized letter given to
the employee or an $80 gift certificate
35+ Awards such as those presented for 30 years of service and a personalized letter given to
the employee or an $90 gift certificate
An employee is given the option of choosing a gift from the category of their appropriate years
of service or a gift from any category for lesser years of service, or a gift certificate in the
amount listed.
Employee Retirement Recognition Program
As approved by Council Resolution 00-055, effective January 1, 2000, the City of St. Louis Park
will recognize employees when they retire or depart from the city in good standing by presenting
awards based on their years of service. The employee retirement recognition program will
recognize all benefit earning regular and part-time employees who work 20 or more hours a
week, year round for the City of St. Louis Park.
Awarded upon retirement of employee:
• 5-9 years: Framed certificate of appreciation from mayor and City Manager
• 10-19 years: Personalized certificate of appreciation giving thanks for the work and
dedication of the retiring employee mounted on a plague and presented by the City Manager.
• 20+ years: Plaque and resolution presented by City Manager and City Council.
All awards will be presented by the City Council and City Manager at a Council meeting
following the resignation.
Annual Employee Recognition Meal, Program and Lunch
Annually, the City will sponsor an employee recognition meal and program at which employees
and paid-on-call firefighters reaching 5, 10, 15, 20, 25, 30 and 30+ years of service will be
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recognized. The program will also include the City Council and City Manager recognizing
department and employee accomplishments. Employees and paid-on-call Firefighters who are
recognized and their spouse or guest will have their meal provided for at no cost. The city will
provide an amount to off set the cost of the meal for employees, paid-on-call firefighters and
members of the Council who attend the recognition program. The city will pay for a lunch for
all employees and paid-on-call firefighters during employee recognition week. Cost of the
elements of the recognition meal, program and lunch will be included in the human resources
budget.
Financial considerations
Funding for any expenditure above must be included in the appropriate department budget.
Excerpts from City Charter Chapter 12 – Code of Ethics
Section 12.18. Personal Financial Conflicts of Public Officials.
(a) Contracts Void. Except for any contract permitted by M.S.A. § 471.88, any public
official who is authorized to take part in any manner in making a sale, lease or contract in
his/her official capacity shall have no personal financial interest in that sale, lease or
contract or personally benefit financially therefrom unless the effect on the public
official's personal financial interest is no greater than on any other person and/or property
similarly situated. Any sale, lease, or contract entered into by the City with regard to
which a public official has acted in violation of this section is void. Any money which is
paid by the Council in violation of this paragraph may be recovered from any and all
persons interested therein. Any vote pursuant to M.S.A. § 471.88 must be unanimous by
Council.
(b) Noncontractual transactions voidable. Any public official who in the discharge of his/her
duties would be authorized to take an action, vote, or make a decision concerning a
noncontractual transaction of the City which would affect the public official's interests,
unless the effect on his/her interests is no greater than on other persons and/or property
similarly situated, shall disqualify himself/herself from such action, vote or decision. Any
transaction entered into by the City with regard to which a public official has acted in
violation of this paragraph is voidable at the option of the Council. Any money, which
was paid by the Council in violation of this paragraph, may be recovered from any and all
persons interested therein.
Section 12.19. Financial Conflicts of Associates of Public Officials; Contracts and
Transactions Voidable.
Any public official who in the discharge of his/her duties would be authorized to take an
action, vote or make a decision concerning a contractual or noncontractual transaction which
would affect the interests of his/her associates, unless the effect on the interests of his/her
associates is no greater than on other persons and/or property similarly situated, shall disqualify
himself/herself from such action, vote or decision.
Any contract or transaction entered into by the City with regard to which a public official
has acted in violation of this Section is voidable at the option of the Council. Any money, which
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was paid by the Council in violation of this section, may be recovered from any and all persons
interested therein.
Section 12.20. Gifts and Favors.
No public official shall accept any valuable gift, whether in the form of money, service,
loan, thing or promise, from any person, firm or corporation which to his/her knowledge is
concerned, directly or indirectly, in any manner whatsoever in business dealings with the City;
nor shall any public official (1) accept any gift, favor or thing of value that may tend to influence
his/her in the discharge of his/her duties; or (2) grant in the discharge of his/her duties any
improper favor, service, or thing of value or accept an offer which would not have been given if
he/she were not an official; or (3) accept or receive anything of value through sale or gift of
goods or services which would result directly or indirectly from his/her position as a public
official of the City of St. Louis Park.
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ORDINANCE NO. ______
AN ORDINANCE AMENDING THE
ST. LOUIS PARK HOME RULE CHARTER
TABLE OF CONTENTS, CHAPTERS 4, 5, 6, 11, AND INDEX
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. The St. Louis Park Home Rule Charter TABLE OF CONTENTS is hereby
amended to delete references to subchapter 11.06.
SECTION 2. The St. Louis Park Home Rule Charter Section 4.02 is hereby amended to read:
Section 4.02. Regular Municipal Election.
A regular municipal election shall be held on the first Tuesday after the first Monday in
November, 1967, and on the same day every two years thereafter, at such place or places as the
City Council may designate by resolution. The Council may divide the City into as many voting
precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1)
voting precinct and no precinct shall be in more than one ward. At least fifteen (15) days' two
(2) weeks’ notice shall be given by the City Clerk of the time and places of holding such
election, and of the officers to be elected by posting a notice thereof in at least one (1) public
place in each voting precinct and by publishing a notice thereof at least once in the official
newspaper of the City. Failure to give such notices shall not invalidate such election.
SECTION 3. The St. Louis Park Home Rule Charter Section 4.03 is hereby amended to read:
Section 4.03. Primary Elections.
The Council shall, whenever three (3) or more candidates have filed for any elective City
office, provide through ordinance or resolution for a primary election to be held for each such
office. The primary election shall be held on the first Tuesday after the second Monday in
September. At least fifteen (15) days' two (2) weeks’ notice shall be given by the Clerk of the
time and places of holding such election, and of the officers to be elected, by posting a notice
thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof
at least once in the official newspaper of the City. Failure to give such notices shall not invalidate
such election.
SECTION 4. The St. Louis Park Home Rule Charter Section 4.06 is hereby amended to read:
Section 4.06. Nomination by Petition.
The nomination of elective officers provided for by this Charter shall be by petition. The
name of any nominee shall be printed upon the ballot whenever a petition meeting the
requirements specified in this Charter has been filed on the nominee's behalf with the City Clerk.
Such petition shall be signed by at least fifteen (15) currently registered electors qualified to vote
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for the office specified in the petition. No elector shall sign petitions for more candidates than the
number of places to be filled at the election, and should the elector do so that signature shall be
void as to the petition or petitions last filed. All nomination petitions shall be filed with the City
Clerk not more than twelve (12) ten (10) nor fewer than eight (8) weeks (eighty-four (84)
seventy (70) days and fifty-six (56) days) before the first Tuesday after the second Monday in
September before the general city election. The Clerk shall prepare the ballots with names of the
candidates for an office in a manner provided by ordinance. Each petition, when presented, must
be accompanied by a twenty dollar ($20.00) filing fee.
SECTION 5. The St. Louis Park Home Rule Charter Section 5.05 is hereby amended to read:
Section 5.05. Purchases and Contracts
The City Manager is the chief purchasing agent of the City. All purchases on behalf of
the City shall be made, and all purchases and contracts shall be let, by the City Manager, or City
Manager’s Designee, provided that the approval of the Council must be given whenever the
amount of such purchase or contract exceeds the amount at which competitive bids are required
by law. Except for purchases and contracts made by the City Manager, or City Manager’s
Designee, as set forth herein, contracts, bonds, and instruments to which the City is a party must
be signed by the Mayor and City Manager on behalf of the City.
SECTION 6. The St. Louis Park Home Rule Charter Section 6.04, paragraph 2, is hereby
amended to read:
Section 6.04. Preparation of Annual Budget.
The budget submitted by the City Manager shall include details of revenues and expenses for the
preceding two (2) years, the current year, and the budget year with appropriate explanations and
shall be submitted to the Council no later than the first (1st) regular monthly meeting in
September.
SECTION 7. The St. Louis Park Home Rule Charter Section 6.15 is hereby amended to read:
Section 6.15. Bonds and Debt Limit.
(a) In addition to the power to borrow and issue bonds and other securities obligations for the
payment of money specifically or impliedly granted by this Charter, the City shall have
the powers regarding issuance of obligations granted to cities of its same class and to
statutory cities by the laws of the State of Minnesota. The City shall have the power to
issue and sell its bonds to the State of Minnesota and to comply with all provisions of law
relative to loans to municipalities from the permanent State funds. The City shall also
have such powers as are necessary to obtain loans or funds from the Government of the
United States and any of its instrumentalities, and to comply with all provisions of law
applicable to obtaining such loans or funds. The powers granted in this paragraph are in
addition to and separate from the powers granted by any other provisions of this Charter.
Notwithstanding Section 1.04 of this Charter, if the provisions of any laws referred to in
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 18
this paragraph are inconsistent with other provisions of this Charter, the provisions of
such laws shall be controlling as to powers granted by such laws.
(b) The In addition to its powers granted under Section 6.15(a) of this Charter, the Council,
by a vote of at least six (6) of its members and without submitting the question to the
voters, may authorize a bond issue to provide funds the issuance of bonds for any public
purpose not prohibited by law or may, in its discretion, by a majority vote of all of its
members, submit the question whether to issue such bonds to the voters. When such a
question is submitted to the voters, no bonds or other term obligations of the City may be
issued except upon the favorable vote of a majority of those voters who vote on their
issuance. Bonds may include special limitations to provide for their payment out of
earnings from the activity financed by the bond proceeds, may restrict payments partially
from such earnings and make the remaining amounts due payable out of tax funds. Such
limitations may be created by notice given during the proceedings authorizing the
issuance of the bonds by the terms of the bonds or by separate agreement with the
purchasers of the bonds. To the extent that they are payable out of earnings or from
sources other than tax funds, such bonds shall not be paid out of taxes.permitted by state
law.
(c) The total bonded debt of the City at the time any bonds are issued shall not exceed the
limit authorized by State law for cities of the same class and statutory cities.
SECTION 8. The St. Louis Park Home Rule Charter Section 6.16 is hereby amended to read:
Section 6.16. Form and Repayment of Bonds.
(a) No bonds which pledge the full faith and credit of the City to their payment shall be
issued to run for longer than the reasonable life expectancy of the property or
improvement for which such bonds are authorized, as ascertained and set forth in the
resolution authorizing such bonds, and in no case shall such bonds be issued to run for
more than thirty (30) years unless a longer maturity is otherwise authorized by state law.
The purposes for which bonds are authorized shall be set forth in the resolution
authorizing them, and the proceeds from such bonds which pledge the full faith and credit
of the City to their payment shall not be diverted to any other purposes.
SECTION 9. The St. Louis Park Home Rule Charter Section 6.18 is hereby amended to read:
Section 6.18. Bonds Outside the Debt Limit.
The Council may authorize the issuance of bonds for lawful purposes outside of the
debt limit without limitation on their amount:
(a) for the creation and maintenance of a permanent improvement
revolving fund;
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 19
(b) for extending, enlarging or improving revenue-producing public utilities of
whatever nature, owned and operated by the City, or of acquiring property
needed in connection therewith;
(c) for public improvements payable from special assessments; and
(d) for any authorized purpose pursuant to the powers of the City pursuant to
Section 6.15(a) of this Charter.for which obligations may be issued without
regard to debt limit under State law.
The Council may also authorize the lease purchase of equipment or the purchase of equipment
on conditional sale contracts, provided that the lease or installment payments do not extend
beyond the estimated useful life of the equipment so leased or purchased, as ascertained and set
forth in the resolution authorizing such lease or conditional sales contract.
SECTION 10. The St. Louis Park Home Rule Charter Section 11.01 is hereby deleted in its
entirety:
Section 11.01. Official Bonds.
The City Manager, the City Clerk, the City Treasurer and such other officers or employees of the
City, as may be identified by ordinance, shall, before entering upon the duties of their respective offices
or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed
by the Council as security for the faithful performance of their respective official duties and the
safekeeping of the public funds. Such bonds shall be approved as to form by the City Attorney, the City
Council and filed with the City Clerk. The premiums on such corporate surety bonds shall be paid by the
City.
SECTION 11. The St. Louis Park Home Rule Charter Section 11.06 is hereby deleted in its
entirety:
Section 11.06. City Officers Not to Accept Favors or Contracts.
No member of the City Council or employee of the City shall solicit or receive any pay,
commission, money, thing of value or derive any profit, directly or indirectly, from or by reason
of, any improvement, alteration or repair required by the City, or any contract to which the City
shall be a party except compensation, or salary as a member of the City Council or as an
employee of the City. No member of the City Council or employee of the City, shall solicit,
accept or receive, directly or indirectly, from any public utility any pass, frank, free ticket, free
service or any other favor, upon terms more favorable than those granted the public generally. A
violation of any of the provisions of this section shall disqualify the offender from continuing in
office or in the employment of the City, and the offender shall be discharged or removed from
office. Any contract with the City in which any member of the City Council or employee of the
City is, or becomes directly or indirectly interested, personally or as a member of a firm, or as an
officer or director of a corporation, shall be voidable at the option of the Council; and any money
which shall have been paid on such contract by the City may be recovered from any or all of the
persons interested therein by civil action.
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 20
SECTION 12. The St. Louis Park Home Rule Charter Index is hereby amended to delete
references to sections 11.01 and 11.06:
Official bonds . . . 11.01
Bonds . . . 11.01
Bond, premium . . . 11.01
Bond and premium . . . 11.01
Favors . . . 11.06
Voidable . . . 11.06, 12.18(1)
City officers not to accept favors or contracts . . . 11.06
Merit system; establishment . . . 11.06
SECTION 12. Effective Date. This ordinance shall be in force and take effect in the City Home
Rule Charter ninety (90) days after its passage and publication.
(Insert Signature Block Here)
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 21
NOTICE OF PUBLIC HEARING ON
ST. LOUIS PARK CHARTER AMENDMENTS –
TABLE OF CONTENTS; CHAPTERS 4,5,6,11; AND INDEX
NOTICE IS HEREBY GIVEN that the St. Louis Park City Council will meet at City Hall on
Tuesday, February 22, 2005 at 7:30 p.m. and will conduct a public hearing on the following
proposed amendments to City Charter: Table of Contents; Chapters 4, 5, 6, 11 and Index as
recommended by the St. Louis Park Charter Commission. Attend the hearing and you will be
heard or submit written comments.
Table of Contents
Delete reference to subchapter 11.06.
Chapter 4. Nominations and Elections
Section 4.02. Regular Municipal Election. Amend section to read as follows:
“At least fifteen (15) days' two (2) weeks’ notice shall be given by the City Clerk of the time
and places of holding such election”
Section 4.03. Primary Elections. Amend section to read as follows:
“At least fifteen (15) days' two (2) weeks’ notice shall be given by the Clerk of the time and
places of holding such election”
Section 4.06. Nomination by Petition. Amend section to read as follows:
“All nomination petitions shall be filed with the City Clerk not more than twelve (12) ten (10)
nor fewer than eight (8) weeks (eighty-four (84) seventy (70) days and fifty-six (56) days) before
the first Tuesday after the second Monday in September before the general city election.”
Chapter 5. Administration of City Affairs
Section 5.05. Purchases and Contracts. Amend section to read as follows:
“…all purchases and contracts shall be let, by the City Manager, or City Manager’s Designee,
provided that the approval of the Council must be given whenever the amount of such purchase
or contract exceeds the amount at which competitive bids are required by law. Except for
purchases and contracts made by the City Manager, or City Manager’s Designee, as set forth
herein, contracts, bonds, and instruments to which the City is a party must be signed by the
Mayor and City Manager on behalf of the City.
Chapter 6. Taxation and Finance
Section 6.04. Preparation of Annual Budget. Amend section to read as follows:
“The budget submitted by the City Manager shall include details of revenues and expenses for
the preceding two (2) years, the current year, and the budget year with appropriate explanations
and shall be submitted to the Council no later than the first (1st) regular monthly meeting in
September.”
Section 6.15. Bonds and Debt Limit. Amend section (a) to read as follows:
“In addition to the power to borrow and issue bonds and other securities obligations for the
payment of money specifically or impliedly granted by this Charter, the City shall have the
St. Louis Park City Council Meeting
Item: 022205 - 6b - Charter Commission Recommendations
Page 22
powers regarding issuance of obligations granted to cities of its same class and to statutory cities
by the laws of the State of Minnesota.”
Amend section (b) to read as follows:
“The In addition to its powers granted under Section 6.15(a) of this Charter, the Council, by a
vote of at least six (6) of its members and without submitting the question to the voters, may
authorize a bond issue to provide funds the issuance of bonds for any public purpose not
prohibited by law or may, in its discretion, by a majority vote of all of its members, submit the
question whether to issue such bonds to the voters. When such a question is submitted to the
voters, no bonds or other term obligations of the City may be issued except upon the favorable
vote of a majority of those voters who vote on their issuance. Bonds may include special
limitations to provide for their payment out of earnings from the activity financed by the bond
proceeds, may restrict payments partially from such earnings and make the remaining amounts
due payable out of tax funds. Such limitations may be created by notice given during the
proceedings authorizing the issuance of the bonds by the terms of the bonds or by separate
agreement with the purchasers of the bonds. To the extent that they are payable out of earnings
or from sources other than tax funds, such bonds shall not be paid out of taxes.permitted by state
law. “
Amend section (c ) to read as follows:
“The total bonded debt of the City at the time any bonds are issued shall not exceed the limit
authorized by State law for cities of the same class and statutory cities.”
Section 6.16. Form and Repayment of Bonds. Amend section (a) to read as follows:
“…and in no case shall such bonds be issued to run for more than thirty (30) years unless a
longer maturity is otherwise authorized by state law.”
Section 6.18. Bonds Outside the Debt Limit. Amend section (d) to read:
“for any authorized purpose pursuant to the powers of the City pursuant to Section 6.15(a) of this
Charter.for which obligations may be issued without regard to debt limit under State law.”
Chapter 11. Miscellaneous Provisions.
Section 11.01. Official Bonds – delete secton in its entirety.
Section 11.06. City Officers Not to Accept Favors or Contracts – delete section in its entirety.
Index
Amend to delete all references to sections 11.01 and 11.06.
CYNTHIA D. REICHERT
City Clerk
AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON
REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE
AMINISTRATION DEPARTMENT AT 952-924-2525.
Publish: February 3, 2005
St. Louis Park City Council Meeting
Item: 022205 - 8a - Opposing Delays to Hwy 100 Reconstruction
Page 1
8a. Resolution Supporting Reconstruction of Highway 100 and Opposing Delays
in the Proposed Project Schedule.
Response to MNDot’s announcement that the Highway 100 reconstruction projects
may be delayed to begin no sooner than 2014.
Recommended
Action:
Motion to adopt a Resolution Supporting Reconstruction of
Highway 100 and Opposing Delays in the Proposed Project
Schedule.
Background:
Council has requested that staff prepare a resolution voicing St. Louis Park’s opposition to
proposed delays in Hwy 100 reconstruction. The City of Edina is preparing a similar resolution
for adoption.
In addition to this resolution, a flyer has been prepared outlining the issue and providing contact
numbers for persons to call with their questions and concerns. The list provides contact
information for the Governor’s Office, Department of Transportation Adminstration, House and
Senate Transportation Committees, and SLP Legislators. The flyer will be distributed to
neighborhood associations, posted on the city’s website and be made available for distribution to
interested persons.
City staff will also continue to work with the TwinWest Chamber of Commerce, the City of
Edina, and others to raise awareness of the unacceptability of the additional delay proposed by
MNDot.
Attachments: Resolution
Flyer
Prepared By: Cindy Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 8a - Opposing Delays to Hwy 100 Reconstruction
Page 2
Resolution No. 05-027
Resolution Supporting Reconstruction of Highway 100 and
Opposing Delays in the Proposed Project Schedule
Whereas, the Minnesota Department of Tranportation (MNDot) plans to reconstruct Highway 100
between 36th Street and Cedar Lake Road to expand the roadway to a six-lane freeway, replace the
existing bridges to add an additional lane in each direction, rebuild the interchanges at Highway 7 and
Minnetonka Boulevard, correct deficient bridge clearances, improve drainage, address flooding problems
under the railroad bridge, add water quality and retention ponds, add noise mitigation walls, and correct
other deficiencies in the system; and
Whereas, MNDot’s long-range transportation plan called for the reconstruction to begin in 2005,
was rescheduled to 2010, and is again proposed to be rescheduled to start no sooner than 2014; and
Whereas, the City of St. Louis Park believes Highway 100 improvements are essential to the
economic vitality and the quality of life in our community and the region at large for the following
reasons:
Originally built in the mid-1930’s, this section is part of the original beltway around the Twin
Cities. Minimal work has occurred on this 2.1 mile stretch of roadway over the last 60 years.
This segment is the last four-lane section remaining on Highway 100 and is one of the busiest and
most congested four-lane freeways in the metro area. Traffic volumes on this segment were over
capacity in 2001 and are only getting worse.
Crash rates for this stretch of Highway 100 are second highest of all non-interstate roadways in
Minnesota, with 25 percent of Highway 100 crashes occurring at the West 36th Street terminus.
Local neighborhoods in St. Louis Park and Edina are inundated with cars during peak drive-time
hours. Cut-through traffic impacts the safety of our residents and their quality of life.
The estimated project cost is $80 million for construction and $7 million for right-of-way
acquisition. MnDOT has estimated that the delay to 2014 will increase project costs to at least
$104 million.
Now Therefore Let it Be Known, that the City Council of the City of St. Louis Park supports
reconstruction of Highway 100 and opposes delays in the proposed project schedule.
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 8a - Opposing Delays to Hwy 100 Reconstruction
Page 3
SPECIAL ALERT!
February 2005
Highway 100 Improvements Delayed An Additional Four Years!
The Minnesota Department of Transportation (MnDOT) recently announced it will delay reconstruction
of Highway 100 in St. Louis Park until 2014—four years later than promised. If you are impacted by the
traffic bottleneck on Highway 100, we urge you to read this notice and contact your legislators to help us
to accelerate the construction date to not later than 2010 (see contact list on next page).
MnDOT ’s long-range transportation plan called for reconstruction of Highway 100 between 36th Street
and Cedar Lake Road to begin in 2005. Then, it was rescheduled to 2010. This month, MnDOT
announced the project is proposed to be rescheduled and would start no sooner than 2014.
Reconstruction plans include expanding the roadway to a six-lane freeway and replacing the existing
bridges. The reconstruction will add an additional lane in each direction, rebuild the interchanges at
Highway 7 and Minnetonka Boulevard, correct deficient bridge clearances, improve drainage, address
flooding problems under the railroad bridge, add water quality and retention ponds, add noise mitigation
walls, and correct other deficiencies in the system.
The City of St. Louis Park and TwinWest Chamber of Commerce do not believe we should have to wait
four more years for these needed improvements. We believe Highway 100 improvements are essential to
the economic vitality and the quality of life in our community and the region at large. Our reasons
include:
Originally built in the mid-1930’s, this section is part of the original beltway around the Twin
Cities. Minimal work has occurred on this 2.1 mile stretch of roadway over the last 60 years.
This segment is the last four-lane section remaining on Highway 100 and is one of the busiest and
most congested four-lane freeways in the metro area. Traffic volumes on this segment were over
capacity in 2001 and are only getting worse.
Crash rates for this stretch of Highway 100 are second highest of all non-interstate roadways in the
Minnesota, with 25 percent of Highway 100 crashes occurring at the West 36th Street terminus.
Local neighborhoods in St. Louis Park and Edina are inundated with cars during peak drive-time
hours. Cut-through traffic impacts the safety of our residents and their quality of life.
The estimated project cost is $80 million for construction and $7 million for right-of-way
acquisition. MnDOT has estimated that the delay to 2014 will increase project costs to at least
$104 million.
A list of elected officials and MnDOT staff are listed on the reverse side of this notice. Please contact
these individuals to voice your support for these improvements and your opposition to further delays.
St. Louis Park City Council Meeting
Item: 022205 - 8a - Opposing Delays to Hwy 100 Reconstruction
Page 4
Please contact these Legislators and Department of Transportation Officials to voice
your support for improvements to Hwy 100 and your opposition to further delays
Minnesota Governor’s Office
75 Rev Dr. Martin Luther King Jr. Blvd
St. Paul MN 55155
Governor Tim Pawlenty (651) 296-3391 tim.pawlenty@state.mn.us
Carol Molnau
Lt. Governor and Transportation Commissioner
(651) 296-3000 commissioner@dot.state.mn.us
Minnesota Department of Transportation
395 John Ireland Boulevard
Saint Paul, MN 55155-1899
Tom O’Keefe - MNDot Area Manager (651) 582-1296 thomas.okeefe@dot.state.mn.us
Doug Differt - Deputy Commissioner (651) 296-8532 douglas.differt@dot.state.mn.us
Dick Stehr - Division Director: Engineering Services (651) 296-3156 dick.stehr@dot.state.mn.us
Bob Winter - Division Director: District Operations (651) 582-1360 bob.winter@dot.state.mn.us
St. Louis Park Legislative Representatives
100 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155-1606
Steve Kelley – Senator District 44 (DFL) (651) 297-8065 sen.steve.kelley@senate.mn
Steve Simon – House Rep Dist. 44A (DFL)
(Member House Transportation Committee)
(651) 296-9889 rep.steve.simon@house.mn
Ron Latz – House Rep Dist. 44B (DFL) (651) 296-7026 rep.ron.latz@house.mn
House and Senate Transportation Committee Leadership
100 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155-1606
House Transportation Committee
Ron Erhardt – Chair (R) (District 41A - Edina) (651) 296-4363 rep.ron.erhardt@house.mn
Peter Nelson - Vice Chair (R) (651) 296-5377 rep.peter.nelson@house.mn
Dan Larson - Lead-DFL (DFL) (651) 296-7158 rep.dan.larson@house.mn
House Transportation Finance Committee
Mary Liz Holberg – Chair (R) (651) 296-6926 rep.maryliz.holberg@house.mn
Connie Ruth - Vice Chair (R) (651) 296-5368 rep.connie.ruth@house.mn
Bernard Lieder - Lead-DFL (DFL) (651) 296-5091 rep.bernie.lieder@house.mn
Senate Transportation Committee
Steve Murphy – Chair (DFL) (651) 296-4264
Mee Moua - Vice Chair (DFL) (651) 296-5285 sen.mee.moua@senate.mn
Mark Ourada - Ranking Minority Member (R) (651) 296-5981 Sen.mark.ourada@senate.mn
St. Louis Park City Council Meeting
Item: 022205 - 8b - TH 100 Noise Wall Actions
Page 1
8b. Consideration of three resolutions relating to Trunk Highway 100 Noise Wall
Construction Project No. 2005-0100
In order to continue with project development in cooperation with MNDot on the
Highway 100 Noisewall, the City must undertake certain actions.
Recommended
Action:
Motion to approve three resolutions relating to Trunk Highway
100 Noise Wall Construction, Project No. 2005-0100:
Authorizing acquisition of permanent easements for the
construction of a noise wall for City Project no. 2005-
0100
Authorizing installation of “no parking” restrictions on
the East side of Vernon Avenue from W. 41st Street to
the southern city border - Traffic Study No. 5xx
Authorizing execution of a cooperative construction
agreement with the Minnesota Department of
Transportation for the installation of a noise wall on the
West side of Trunk Highway 100
BACKGROUND: On May 19, 2003 the City Council approved a resolution which authorized
Mn/DOT to proceed with the preparation of plans and specifications for construction of a noise
wall on the west side of Highway 100 from 40th Street, south to the city limits. Mn/DOT is
responsible for the design and construction of the wall, but the City is contributing to the project
financially and also agreed to facilitate the acquisition of the right-of-way needed for the project.
Mn/DOT & City staff have met several times with the area residents. Issues were raised
regarding loss of parking, loss of views, and aesthetic appearance of the wall. Staff feels that
these issues have been addressed, to the extent possible.
To continue with project development it is necessary for the City to act on the following items at
this time:
Acquisition of right-of-way
Parking restrictions on Vernon Avenue
Approval of a cooperative construction agreement with MnDOT
ANALYSIS:
Right of Way Acquisition: Permanent easements on private property are necessary at two
locations: 4041 Webster Avenue south, a private residence, and 5524 W. 41st Street, St. Luke’s
Lutheran Church. The church has signed all necessary documentation including a temporary
easement for relocation of the watermain on their property at no cost to the City. Staff was also
able to reach agreement with the owner of 4041 Webster. The final amount of the easement
acquisition was $6,775.00 which included costs for installation of replacement landscaping. The
City Council must formally approve the acquisition of these easements at the costs described.
St. Louis Park City Council Meeting
Item: 022205 - 8b - TH 100 Noise Wall Actions
Page 2
Parking: Vernon Avenue will be narrowed in order to accommodate the noise wall. In order to
achieve adequate street width for emergency access and a planting area adjacent to the wall,
Mn/DOT recommended restricting parking on both sides of the street or converting Vernon
Avenue to a one-way street. Based on resident feedback, staff worked with Mn/DOT to re-
design Vernon Avenue to maintain parking on at least one side of the street which would allow
two-way traffic to continue. Vernon Avenue will be 27 feet in width after construction.
Street parking could be designated on the east or west side of the street. Rather than staff
choosing a side, Linda Sandbo, Brookside Neighborhood President, polled Vernon Avenue
residents on their preference. The majority favored retaining parking on the west (house) side of
the street. A resolution which eliminates parking on the east side of Vernon Avenue from W.
41st Street south to the City border is attached.
Cooperative Construction Agreement with MnDOT: Whenever MnDOT undertakes a project
with other government entities they require the approval of a cooperative agreement. This
agreement outlines roles & responsibilities for both the City & MnDOT and estimates the cost of
the project for the City.
Most of the clauses are standard, however, Vernon Avenue is still considered MnDOT right-of-
way. Therefore, upon completion of the project, MnDOT will convey Vernon Avenue back to
the City for ownership and maintenance. (No additional costs will be incurred by this
conveyance since the City has always maintained this street). The City Attorney has reviewed
the agreement and has no changes to recommend.
The revised cost estimate is $3.1M. The City’s share of the project costs is estimated to be
$301,358.42. This may change once the project is bid and constructed. Funds for the City’s
portion of the cost will come from GO Bond revenue and the Water Utility fund.
RECOMMENDATION: Approve the following resolutions which:
Acquire permanent easements at two properties
Eliminate parking on the east side of Vernon Avenue from W. 41st St. to the city border;
and
Approve a cooperative construction agreement between Mn/DOT and the City
Prepared By: Maria A. Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 022205 - 8b - TH 100 Noise Wall Actions
Page 3
RESOLUTION NO. 05-028
RESOLUTION AUTHORIZING ACQUISITION OF PERMANENT EASEMENTS
FOR THE CONSTRUCTION OF A NOISE WALL
CITY PROJECT NO. 2005-0100
WHEREAS, it is in the best interest of the City to acquire permanent easements in order
to facilitate design and construction of a noise wall on the west side of Trunk Highway 100; and.
WHEREAS such easements will be conveyed to the Minnesota Department of
Transportation as permanent;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that permanent easements be acquired at the following properties:
4041 Webster Avenue South
5524 W. 41st Street
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 8b - TH 100 Noise Wall Actions
Page 4
RESOLUTION NO. 05-029
RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING”
RESTRICTIONS ON THE EAST SIDE OF VERNON AVENUE FROM W. 41ST STREET
TO THE SOUTHERN CITY BORDER
TRAFFIC STUDY NO. 5XX
WHEREAS, the City of St. Louis Park, Minnesota, has studied and has determined that
traffic controls are necessary at this location.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St.
Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the
following controls:
1. No Parking on the east side of Vernon Avenue from W. 41st Street south to the City’s
southern border with the City of Edina
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 022205 - 8b - TH 100 Noise Wall Actions
Page 5
RESOLUTION NO. 05-030
RESOLUTION AUTHORIZING EXECUTION OF A COOPERATIVE
CONSTRUCTION AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR THE INSTALLATION OF A NOISE WALL ON THE WEST
SIDE OF TRUNK HIGHWAY 100
WHEREAS, the City Council of the City of St. Louis Park has requested the Minnesota
Department of Transportation (Mn/DOT) to design, inspect, and administer a construction
project for the installation of a noise wall and related improvements on the west side of Trunk
Highway 100, from W. 40th Street south to Minnehaha Creek and
WHEREAS, various parties, including the City, will participate in the costs of said
project; and
WHEREAS, Mn/DOT has prepared an agreement describing the responsibilities of both
parties in regards to this project; and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter;
NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of the City of St. Louis
Park, Minnesota, that the Mayor and City Manager are authorized to execute Mn/DOT
Agreement No. 87603-R (S.P. 2734-40 & S.A.P. 120-010-010) for the installation of a noise wall
and related improvements on the west side of Trunk Highway 100 from W. 40th Street south to
Minnehaha Creek.
Reviewed for Administration: Adopted by the City Council February 22, 2005
City Manager Mayor
Attest:
City Clerk