HomeMy WebLinkAbout2005/05/02 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
May 2, 2005 – 7:30 p.m.
7:25 p.m. EDA Meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Proclamation – National Public Works Week
3. Approval of Minutes
a. City Council Minutes of April 18, 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 - None
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Bond Sale – 2005 General Obligation and Tax Increment Financing Bonds
Recommended
Action:
1) Motion to approve a resolution awarding the sale of
$3,780,000 General Obligation Bonds, Series 2005A
2) Motion to approve sale of General Obligation Tax Increment
Refunding Bonds, Series 2005 and providing for the escrowing
and investment of the bond proceeds and providing for the
redemption of the bonds funded
3) Motion to approve refunding escrow agreement
City Council Agenda 050205
8b. Request for Conditional Use Permit by the St. Louis Park School District to
permit the excavation of more than 400 cubic yards of excavation material and
improve the Junior High School parking lot.
Case No. 05-09-CUP
2025 Texas Avenue South
Recommended
Action:
• Motion to approve a resolution for a Conditional Use Permit
to allow the excavation of more than 400 cubic yards of soil
from the Junior High School location, subject to conditions
recommended by staff.
8c. Request of Foundation Land LLC and Master Development LLC (St. Louis Park
School District) for a minor amendment to an approved Final PUD for Brookside
School Lofts.
Case Nos. 05-18-PUD
Lots 1-11 and 29-36 Block 10 Suburban Homes Co.’s Addition except highway
The applicant is proposing to decrease the area of the underground garage and change
building materials in the 14-unit condominium building.
Recommended
Action:
Motion to approve resolution approving minor amendment to
Final PUD for Brookside School Lofts
8d. Request of Minnetonka Boulevard Investments LLC for a Conditional Use
Permit to allow a drive-through (In-Vehicle Sales or Service) for a coffee shop at
the former Citizens Independent Bank building at 4201 Minnetonka Boulevard.
A secondary request is to terminate the existing special permit on the property.
Case Nos. 05-07-CUP
Recommended
Action:
Motion to approve resolution granting a conditional use permit
with conditions to allow a drive-through (In-Vehicle Sales or
Service) in conjunction with a coffee shop and terminating the
existing special permit approved by Resolution 88-199.
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 May 2, 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 adopt a resolution to elect to not waive the monetary limits on municipal tort
liability established by Minnesota Statutes 466.04
4b Traffic Study No. 596: Motion to adopt the attached resolution rescinding Resolution No.
99-5 which authorized permit parking at 2816 Alabama Avenue South
4c Bid Tabulation: Motion to designate Penn Contracting, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $84,040.00 for the
Vernon Avenue Water Main Relocation Project– City Project No. 2005-0100
4d Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of $176,331.55
for the 2005 Pedestrian Curb Ramps Sidewalk Improvement Project– City Project No.
2004-0100
4e Bid Tabulation: Motion to designate Frattalone Paving Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $1,175,117.75 for the
2005 Street Improvements and Water Main Replacement Project– City Project No. 2004-
1000
4f Removed
4g Planning Commission Minutes April 6, 2005
4h Housing Authority Minutes March 9, 2005
4i Motion to accept Vendor Claims for filing (Supplement)
St. Louis Park City Council Meeting
050205 - 2a - National Public Works Week
Page 1
PROCLAMATION
National Public Works Week
WHEREAS, public works services provided in our community are an
integral part of our citizens’ everyday lives; and
WHEREAS, the support of understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water,
sewers, streets and highways, public buildings, and solid waste collection; and
WHEREAS, the health, safety and comfort of this community greatly
depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill
of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who
staff public works departments is materially influenced by the people’s attitude
and understanding of the importance of the work they perform,
NOW THEREFORE, let it be known that the Mayor and City Council of the
City of St. Louis Park wish to proclaim the week of May 15-21, 2005 as
“NATIONAL PUBLIC WORKS WEEK” and call upon all citizens and civic
organizations to acquaint themselves with the issues involved in providing our
public works and to recognize the contributions which public works officials
make every day to our health, safety, comfort and quality of life.
WHEREFORE, I set my hand and cause the
Great Seal of the City of St. Louis Park to be
affixed this 2nd day of May, 2005.
______________________________________
Jeffrey W. Jacobs, Mayor
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 18, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:41 pm.
Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Sue Santa and Sally Velick
Council members Paul Omodt and Susan Sanger were absent.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development
Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Assistant Zoning
Administrator (Mr. Morrison), Finance Director (Ms. McGann), Deputy City Clerk (Ms. Stroth) and
Recording Secretary (Ms. Stegora-Peterson).
2. Presentations - None
3. Approval of Minutes
3a. City Council Minutes of April 4, 2005
The minutes were approved as presented.
3b. Study Session Minutes of March 14, 2005
The minutes were approved as presented.
3c. Study Session Minutes of March 21, 2005
The minutes were approved as presented.
d. Study Session Minutes of March 28, 2005
Councilmember Finkelstein indicated in item #3, there was an additional concern that
buying more property would raise the price of that corner. He also indicated the spelling
of his name was inconsistent.
Councilmember Basill added they also had expressed a concern that if they didn’t buy the
property now, the price of the properties would continue to escalate.
Councilmember Finkelstein stated they made a further point regarding an earlier
commitment from Walmart as part of their CUP, that they were responsible for paying
part of the cost of the pedestrian bridge.
The minutes were approved as corrected.
e. Study Session Minutes of April 4, 2005
Councilmember Finkelstein noted that Beltline should be included (on page two) as a
location for consideration of flashing lights.
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 2
The minutes were approved as corrected.
f. Study Session Minutes of April 11, 2005
The minutes were 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.
4a. Approve the Proposed Appliance Collection Change affecting the Solid Waste Contract.
4b. Determine that North Star Tree Care, Inc. is not a responsible bidder and
designate Emery’s Tree Service 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 $515,525.00.
4c. Adopt Resolution 05-062 granting Qwest Corporation (Ulteig Engineers) an
easement to locate telecommunication equipment cabinets and related
appurtenances on a portion of City Hall property along the northern boundary of
the property along 5005 Minnetonka Boulevard. Case No. 05-13-RE.
4d. Adopt Resolution 05-063 authorizing the St. Louis Park Housing Authority to
administer the Small Home Acquisition Pilot with Expansion (SHAPE) program.
4e. Approve Proposed Sublease of Free Standing Communications Antenna with
Sprint Spectrum L.P. (Sprint) - City Contract No. 68-99.
4f. Accept for filing Telecomm Commission Minutes of December 2, 2004.
4g. Accept for filing Planning Commission Meeting Minutes of March 16, 2005.
4h. Accept Vendor Claims for filing (Supplement).
It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve
the Agenda and items listed on the Consent Calendar.
The motion passed 5-0.
5. Boards and Commissions - None
6. Public Hearings
6a. Public Hearing to consider granting an On-Sale Wine and 3.2 Malt Liquor
License for Leeann Chin, Inc., DBA Chin’s Asia Fresh located at Knollwood
Mall, 8332 Hwy 7, Suite 333 in St. Louis Park.
Ms. Stroth presented the staff report.
Mayor Jacobs opened the public hearing. With no one being present to speak, the public
hearing was closed.
It was moved by Councilmember Santa, seconded by Councilmember Basill to approve
an on-sale wine and 3.2 malt liquor license.
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 3
The motion passed 5-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. Sale of 2005A General Obligation Bond and 2005B General Obligation Tax
Increment Refunding Bond Resolution No.’s 05-058 and 05-059
Ms. McGann presented the staff report.
Mayor Jacobs questioned if they were doing this now to take advantage of interest rates.
Ms McGann responded that was correct, the interest rates were more favorable. Also,
they had originally talked about issuing a general obligation bond in 2006, but because of
interest rates and the dollar amount of improvements scheduled for completion, it would
be in the best interest of the City to issue the debt at this point.
It was moved by Councilmember Santa, seconded by Councilmember Basill to approve
Resolution No. 05-058 providing for the sale of $3,780,000 General Obligation Bonds,
Series 2005A and Resolution No. 05-059 providing for the sale of $2,470,000 General
Obligation Tax Increment Refunding Bonds, Series 2005B.
The motion passed 5-0.
8b. Request by Mendota Homes Inc. for a preliminary/final plat to combine two
parcels into one; and a conditional use permit to allow a 3-story, 75 unit
condominium building at 3270 Gorham Avenue (the old AVR site).
Case No. 05-03-S: Proposal for a lot combination.
Case No. 05-02-CUP: Proposal for multi-family Condominium.
Resolution #05-060
Mr. Morrison presented the staff report.
Rachel Fitzgerald, President of A&F Reddy Rents, 3320 Republic Av., stated concern
that they were turning a commercial property into residential and taking away potential
for redevelopment for “grow-up” properties like they were doing for housing. She was
also concerned residents would complain about issues associated with commercial uses
(delivery trucks, welding businesses, etc.) and hoped that was taken into consideration.
Mayor Jacobs agreed those were valid concerns. The Council had discussed this at the
EDA and mentioned the subject of Park Tavern utilizing a city-owned parking lot. Mr.
Harmening added that the City was working with Park Tavern on use of a city parking lot
through a lease arrangement. They could include the issue of sidewalk access between
that lot and Park Tavern.
Mayor Jacobs asked the price range of the condos. Mr. Morrison replied that the
developer would do a presentation. They were proposing sidewalks along Oak Leaf and
Gorham Avenue.
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 4
Erin Mathern, Mendota Homes, described the project in detail including how the property
was acquired, designed and planned, and landscaped. They were purchasing a
supplemental site from the Economic Development Authority and did not intend to build
on that property. It would be used for storm water management and green space. The
building would be association maintained with on-site staff to handle concerns. The units
ranged from $189,900 to the high $400,000’s. They planned to begin construction in
June, with completion scheduled for September 2006. Regarding the issue raised by the
previous speaker, all of their sales would happen on the site. Potential buyers would have
a good idea of the property they were living on and the exact location of their
condominium before they decided to purchase. They would understand that this is a
mixed-use neighborhood and there would be full disclosure of the fact that the neighbors
were not only residential, but also commercial uses.
Councilmember Velick asked what the requirement was for guest parking. Mr. Morrison
replied the requirement was that 10% of the required parking be made available to guests,
which came out to 15 spaces.
Councilmember Finkelstein asked if there would be more parking on the street. Mr.
Morrison replied there were surplus parking spaces inside the building, but parking was
also available on the street. The traffic study recommended that they take away parking
from Oak Leaf because of the narrowness and traffic on the road.
Councilmember Velick thought it seemed that the guest parking would not be enough.
Mr. Morrison noted in the past they had required developers to sign guest spaces
“reserved for guests only”. There was also a municipal lot across the street.
Councilmember Finkelstein commented that this was a well-designed project and met the
goals of what they wanted. He was concerned about when people were saying in a few
years, “they didn’t know there was a print shop,” etc. and they needed to do something
about it. Could there be agreed upon language for residents to understand they were
moving into a mixed-use area.
Councilmember Santa noted no matter where someone was in the city, there were rules
and ordinances about noise, etc.
Councilmember Finkelstein understood that, but when there were mixed uses, it was a
concern and there may be inspections issues. He was concerned about “squeezing” the
main commercial districts, but hoped they would follow-up at a study session about what
they could do to promote more commercial areas.
Ms. McGonigal noted that this summer a study would be done of all industrial areas.
They will collect data on properties and bring that information to the Council.
Councilmember Finkelstein thought the development was going from commercial to
residential. They were not doing anything to preserve the commercial. His final concern
was whether they would be suffering from too many condos, which needed further
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 5
discussion about how many projects they could sustain. That fell into the area of what
kind of development and activities they wanted the EDA and the City to be involved in.
Mayor Jacobs agreed, from all of the research he had seen, the condominium market was
particularly active now. At the Housing Summit, housing goals were put in place for the
future. At some point, there may be too many for the market. It was not the city’s issue
until a building like this began to fail. Eventually the owner-occupied nature could
change and become rental or an apartment complex.
Councilmember Finkelstein suggested when they studied the issue about commercial
development, they also study the amount of owner-occupied versus rental housing and
what they were doing with the housing stock.
Mayor Jacobs noted they had this discussion during the Housing Summit and on the issue
of Inspections of rental housing. He was concerned if there was too much rental
property, they would end up having problems.
Councilmember Santa asked the difference in the ordinance for noise in an industrial area
opposed to a residential area. Mr. Morrison replied in the areas where industrial abutted
residential, the allowed decibel level was 60 decibels between 7 am and 10 pm. After 10
PM and before 7 PM, it dropped another 15 decibels. Complaints were typically from
activity occurring on-site. Traffic was not typical the nature of the complaint. If they
found there was a violation, they would work with the property owners for a solution.
Councilmember Santa questioned if there had been a problem in this area with single-
family homes very close to industrial. Mr. Morrison responded typically complaints
came from immediate neighbors. The single-family homes were far enough away so
traffic should stay out of that area.
Councilmember Santa asked if steps were taken to use planting materials to buffer the
area from the industrial uses. Mr. Morrison replied along the North property line there
were numerous trees. Landscaping on the site was extensive.
Councilmember Santa noted deciduous trees were not preferred, because they lost their
leaves. She had concerns and was familiar with other sites where industrial and
residential bumped into each other to the detriment of both. She liked the fact that there
was thought put into that. She was concerned about losing industrial and commercial
areas. This site was empty for along time, had there been any other interest? Mayor
Jacobs responded that it sat vacant, but the family didn’t offer it for sale.
Councilmember Santa indicated that could also be an issue because people had gotten
used to it being empty. She liked the connection between the two parks. They needed to
make sure people who moved into this property knew exactly what they were getting
into.
Councilmember Finkelstein asked if the developer would commit to work on proposed
language with the development department so people knew what they were getting into.
Mr. Locke stated that they could provide a map or plan document identifying the nearby
businesses for the sales office to hand out.
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 6
Ms. Mathern stated that the process of purchasing a condominium was extensive. They
did their own sales and provided a lot of information. She didn’t want to have another
document that clients were required to sign or to cause fear for buyers when it was not
warranted. Knowing that all sales would be on-site, people would understand where they
were living and what they were getting into. If the City had a map designating other uses
around the property, they could provide that to buyers in their marketing materials.
Mayor Jacobs agreed and didn’t believe the City should micromanage their sales
technique. The City could provide a use map, but they also needed to be cautious
because businesses change.
Councilmember Finkelstein thought a map with current businesses would be fine.
Mayor Jacobs suggested a zoning map could be provided and people could research
potential uses. He didn’t want someone going to back to the City or developer saying
that they had “guaranteed” anything. The developer and staff could work together to
share a zoning map so that people had a sense of the kinds of potential uses that could
exist around them.
Ms. Mathern believed providing a zoning map was a fine idea, but she didn’t want people
to think that was something unusual. Residential is in the midst of commercial uses in
many other places and they didn’t want to encourage the idea that this was unusual and
where people should be sensitive to the noise.
Councilmember Finkelstein stated they wanted the project to be successful, but it was
next to light industrial. He encouraged they work with City staff because he didn’t want
people to be unhappy because they weren’t aware of the surroundings.
Councilmember Basill asked with this project going in and abutting light industrial, did
that automatically change the way the ordinance was enforced regarding the 15 decibels
and the hours of idling trucks. Mr. Morrison replied that the use was already adjacent to
a residentially zoned property. The ordinance would remain the same.
Councilmember Basill asked the developer how they arrived at three stories. Ms.
Mathern responded that there were height requirements in this neighborhood. They did a
code analysis to determine three stories, as well as aesthetics and how it would fit with
the neighborhood. They try to stick by the confines of the zoning code.
Councilmember Basill asked what colors they were using. Ms. Mathern replied it was
not all one color. The dominant feature was brick, which would be a tradition tone of
red. There were also stucco and siding components on the upper levels of the building
will be done in natural tones, from the Prairie style of architecture.
Councilmember Basill asked if all of the parking was underground, or if some of the
ramp was above-level. Ms. Mathern replied that the site has some environmental
considerations. There are two levels of parking and the lowest level would be
underground. The second level was at grade on the Louisiana side.
St. Louis Park City Council Meeting
Item: 050205 - 3a - Council Minutes April 18
Page 7
Councilmember Basill asked if there would be screening or if people could see into it.
Ms. Mathern replied it was enclosed and the exterior of that level was brick, which was
requested by the Planning Commission. There are multiple layers of landscaping
between the wall and sidewalks. On Gorham, parking will be completely underground.
Councilmember Basill agreed with Councilmember Finkelstein that they needed to watch
the development of condos in the City and maintain a balance. He was pleased they
proposed three stories. As condominium developments come forward, they should
discuss if bigger units should be required. Some people with children also enjoy
condominium living and many were being built for people without kids. They could
discuss at a future study session requiring 3+ bedrooms in condominiums.
Councilmember Finkelstein asked how old their company was, how large, how many
projects they had done like this and if they had representative samplings of other projects
they had done. Ms. Mathern responded that Mendota Homes was founded in 1991 and
had been doing condominium development since 1996. They had 17 full-time
employees. They performed general contractors functions themselves. This will be their
10th or 11th condominium development similar to this. They looked for a very marketable
site. Their website, mendotahomes.com, shows past projects and developments.
Councilmember Santa asked that staff see the color palette before going forward and
follow the similar rules of seven to ten for truck traffic and construction.
It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to approve
ResolutionNo. 05-060 preliminary/final plat of Gorham Addition, which combines two parcels
into one, subject to conditions as recommended by the Planning Commission; and, approve
Resolution No. 05-061 Conditional Use Permit to allow a 75 unit multiple-family dwelling at
3270 Gorham Avenue subject to conditions as recommended by the Planning Commission.
The motion passed 5-0.
9. Communications
Mayor Jacobs stated the Youth Summit was a success, although turnout was much higher than
expected, and thanked the organizers. He also thanked the organizers of the Lenox Spaghetti Dinner,
which was a fun event. April 22nd is Earth Day and in commemoration, the rotary clubs are meeting
at the Westwood Nature Center to plant trees.
10. Adjournment
The meeting adjourned at 8:53 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
050205 - 4a - Liability Insurance
Page 1
4a. Motion to adopt a resolution to elect to not waive the monetary limits on municipal
tort liability established by Minnesota Statutes 466.04
Background:
Each year the Council is required to pass a resolution indicating if they wish to waive or not
waive the monetary limits on municipal tort liability insurance established by Minnesota Statute
466.04.
If the city does not waive the statutory tort limits, an individual claimant would be able to
recover no more then $300,000 on any claim to which the statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless
of whether or not the city purchases the optional excess liability coverage.
If the city waives the statutory tort limits and does not purchase excess liability coverage, a
single claimant could potentially recover up to $1,000,000 on a single occurrence. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would also be limited to $1,000,000, regardless of the number of claimants.
If the city waives the statutory tort limits and purchases excess liability coverage, a single
claimant could potentially recover an amount up to the limit of the coverage purchased. The
total which all claimants would be able to recover for a single occurrence to which the statutory
tort limits apply would also be limited to the amount of coverage purchased, regardless of the
number of claimants.
Recommendation:
The City of St. Louis Park has always elected to not waive the statutory tort limits and the City
has not purchased excess liability coverage in the past. Staff recommends continuing this
practice and not waiving the statutory tort limits.
The following resolution allows the statutory tort limits to remain in place until the Council
changes this election.
Attachments: Resolution
Prepared By: Jean D. McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
050205 - 4a - Liability Insurance
Page 2
RESOLUTION NO. 05 - 068
RESOLUTION ELECTING TO NOT WAIVE THE STATUTORY TORT LIMITS FOR
LIABILITY INSURANCE
WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance
Trust has requested the City to make an election with regards to waiving or not waiving its tort
liability established by Minnesota Statutes 466.04; and
WHEREAS, the choices available are to not waive the statutory limit, to waive the limit but
to keep insurance coverage at the statutory limit, or to waive the limit and to add insurance to a
new level;
NOW, THEREFORE, BE IT RESOLVED that the St. Louis Park City Council does
hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes
466.04 and that such election is effective until amended by further resolution of the St. Louis
Park City Council.
Adopted by the City Council of the City of St. Louis Park, Minnesota at a regular meeting held
May 2, 2005.
Reviewed for Administration Adopted by the City Council ________________
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
050205 - 4b - TS 596 Alabama Ave
Page 1
4b. Traffic Study No. 596: Motion to adopt the attached resolution rescinding
Resolution No. 99-5 which authorized permit parking at 2816 Alabama Avenue
South
Background: In January 1999, Jim Younger and Tonja Kasin requested the City restrict parking
in front of their home at 2816 Alabama Avenue South due to their son being confined to a
wheelchair and the need for curb access. In accordance with City practice, permit parking only
was installed in front of their home.
Jim Younger and Tonja Kasin have built a ramp at the rear of their home and are now requesting
that the permit parking be removed.
Recommendation: Staff recommends that the City Council adopt the attached resolution
rescinding Resolution No. 99-5, removing the permit parking in front of 2816 Alabama Avenue
South.
Attachments: Resolution
Prepared By: Laura Adler, Engineering Program Coordinator
Reviewed By: Scott Merkley, Public Works Coordinator
Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
050205 - 4b - TS 596 Alabama Ave
Page 2
RESOLUTION NO. 05-069
RESOLUTION RESCINDING RESOLUTION NO. 99-5
RELATED TO PERMIT PARKING RESTRICTIONS
AT 2816 ALABAMA AVENUE SOUTH
TRAFFIC STUDY NO. 596
WHEREAS The City of St. Louis Park, Minnesota has studied and has determined that
revised parking controls are necessary at this location; and
WHEREAS Resolution No. 99-5 currently prescribes traffic controls in this location.
NOW,THEREFORE, BE IT RESOLVED By the City Council of the City of St. Louis
Park, Minnesota, that resolution No. 99-5 dated January 4, 1999 be rescinded.
Reviewed for Administration: Adopted by the City Council May 2, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
050205 - 4c - Bid Tab Vernon Water Main 05-01
Page 1
4c. Bid Tabulation: Motion to designate Penn Contracting, Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$84,040.00 for the Vernon Avenue Water Main Relocation Project– City Project
No. 2005-0100
Background: Bids were received on April 26, 2005 for the Vernon Avenue Water Main
Relocation Project. This project is being performed in cooperation with the Minnesota
Department of Transportation (Mn/DOT) and the installation of a noise wall on the west side of
Trunk Highway 100 from 40th Street, south to the city limits. The City’s water main needs to be
relocated at two locations because of conflicts with the construction of the new noise wall. One
55 foot segment of water main will be relocated at 40 1/2 Street and Webster Avenue. Another
570 foot segment, which lies both in Edina and St. Louis Park, will be relocated along Vernon
Avenue. Mn/DOT and the City of Edina have reviewed and approved the plans. Edina has
agreed to pay for the relocation costs associated with the portion within their city.
A total of four (4) bids were received for this project. An advertisement for bids was published
in the St. Louis Park Sun-Sailor on April 14 and April 21, 2005, and in the Construction Bulletin
on April 8 and 15, 2005. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Penn Contracting, Inc. $84,040.00
G.L. Contracting, Inc. $95,656.10
G F Jedlicki Inc $99,147.00
Northdale Construction $133,966.08
Engineer’s Estimate (includes 10% contingency) $83,787.00
Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results.
From the review, staff recommends Penn Contracting, Inc. as the lowest responsible bidder.
Penn Contracting is a reputable contractor who has not worked for the city before, but reference
checks indicate they have performed well for the City of Coon Rapids, the City of Stillwater and
White Bear Township.
Financial Considerations: Funding for this work is included as part of the City’s costs for the
noise wall project. Funds for the City’s portion of water main relocation will come from the
Water Utility fund. The City of Edina will pay for actual costs incurred for that portion of water
main relocated within their city limits. At this time that amount is estimated to be $38,780.
Construction Timeline: The water main relocation is scheduled to begin in mid-May and will
be completed by the June 13th.
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
050205 - 4d - Bid Tab Ped Ramps 04-01
Page 1
4d. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. the
lowest responsible bidder and authorize execution of a contract with the firm
in the amount of $176,331.55 for the 2005 Pedestrian Curb Ramps Sidewalk
Improvement Project– City Project No. 2004-0100
Background: Bids were received on April 21, 2005 for the 2005 Pedestrian Curb Ramps
Sidewalk Improvement Project. This project is part of the City’s Sidewalk, Trail, Bikeway and
Crossing Plan which has been incorporated into the City’s Comprehensive Plan. Part of the plan
identified a need for pedestrian ramp installation at locations where the City sidewalks meet at
intersection corners. Although a majority of our intersections already have pedestrian ramps
constructed, there are still a number of locations which need to be completed. Under the
Americans with Disabilities Act (ADA), the pedestrian ramps are needed to provide accessibility
to disabled persons. City Project No. 2004-0100 provides for the installation of 202 ADA
compliant pedestrian ramps at those remaining intersections within the City where none exist but
are required.
A total of eight (8) bids were received for this project. An advertisement for bids was published
in the St. Louis Park Sun-Sailor on April 7, and 14, 2005, and in the Construction Bulletin on
April 8, and 15, 2005. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Ron Kassa Construction, Inc. $176,331.55
Gunderson Brothers Cement* $188,607.19
O’Malley Construction, Inc.* $188,607.19
BCG Construction $192,322.40
Standard Sidewalk, Inc. $208,293.85
Knish Corporation* $237,429.00
Thomas & Sons, Inc. $269,632.56
C.R. Ficsher & Sons, Inc. $296,264.25
Engineer’s Estimate $231,504.00
*Bid corrected upon extension
Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results.
From the review, staff recommends Ron Kassa Construction, Inc. as the lowest responsible
bidder. Ron Kassa Construction is a reputable contractor who has worked for the City before.
St. Louis Park City Council Meeting
050205 - 4d - Bid Tab Ped Ramps 04-01
Page 2
Financial Considerations: The CIP budget includes $120,350 in funding from General
Obligation bonds. The increased costs are due to the higher than anticipated number of locations
where pedestrian ramps must be installed and the additional cost for the truncated dome panels.
Funds from the Bikeways Project, which is part of the same GO Bond funding source, will be
allocated to this project to cover the increased costs so no additional funds will be needed for this
work.
Construction Timeline: The contractor anticipates beginning work in mid-May. All of the
project work will be completed by the end of June.
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
050205 - 4e - Bid Tab 2005 Street Improv
Page 1
4e. Bid Tabulation: Motion to designate Frattalone Paving Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$1,175,117.75 for the 2005 Street Improvements and Water Main Replacement
Project– City Project No. 2004-1000
Background: Bids were received on April 20, 2005 for the 2005 Local Streets Improvement
Project. This is the first year for implementing the City’s new Pavement Management Program.
Work for this year’s program will occur in the Texa Tonka, Oak Hill and Lennox
Neighborhoods. The streets selected for work will have their existing asphalt pavement removed
and then replaced with a new asphalt surface. Other work associated with the project includes
drainage system repairs and replacement of a water main segment located in the 2800 block of
Nevada Avenue.
A total of seven (7) bids were received for this project. An advertisement for bids was published
in the St. Louis Park Sun-Sailor on March 31 and April 7, 2005, and in the Construction Bulletin
on April 1 and 8, 2005. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Frattalone Paving* $1,175,117.75
Northwest Asphalt $1,220,912.80
Midwest Asphalt Corporation $1,237,863.15
Valley Paving* $1,299,746.95
Bituminous Roadways $1,339,707.55
Hardrives, Inc. $1,393,342.70
C.S. McCrossan. $1,403,961.75
Engineer’s Estimate $1,543,864.50
*Bid corrected upon extension
Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results.
From the review, staff recommends Frattalone Paving as the lowest responsible bidder.
Frattalone Paving is a reputable contractor who has not worked for the city before, but reference
checks indicate they have performed well for Ramsey County, the City of St. Paul and the City
of Vadnais Heights.
Financial Considerations: This project was included in the Capital Improvement Program
(CIP) with an estimated cost of $1,410,668. All funding for this project will come from the
recently established Pavement Management Fund except for the water main replacement which
will be funded through the Water Utility Fund.
Construction Timeline: The contractor anticipates beginning work in late May or early June.
All of the project work will be completed by the mid-August.
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 050205 - 4f - Payment of Claims and Facsimile Signatures
Page 1
4f. Motion to adopt resolution delegating authority to the Finance Director to pay all
proper obligations of the city without prior council approval, as is the current
practice of the city.
Background:
Minn. Stat. § 412.271, subd. 8 allows city councils to delegate authority to pay certain claims
without direct council approval. In November of 1997 Council adopted Ordinance # 2105-97
granting this authority to the City’s Finance Director. Since that time our practice has been to
process and pay claims for budgeted expenditures and to present council with a summary of
those expenditures for their review after the fact. We are proposing no change to our current
practice.
The statute requires that cities adopt a resolution specifying the type of claims to be paid and the
administrative official to whom this authority is granted. During recodification staff recognized
that our authority had been granted by ordinance rather than resolution (as required by statute)
and subsequently deleted the provision from the code of ordinances with the intent of adopting a
resolution in its place.
Similarly, use of facsimile signatures is regulated by Minn. Stat. § 47.41 which also requires
adoption of a resolution by the city council. This authority was also included in Ordinance
#2105-97 adopted in 1997.
The resolution being presented at this time is duplicative of past council action and current
practice and adoption will bring the city into full compliance with statute.
Attachments: Resolution
Prepared By: Cindy Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 050205 - 4f - Payment of Claims and Facsimile Signatures
Page 2
RESOLUTION NO. 05-______________
RESOLUTION AUTHORIZING PAYMENT OF CLAIMS
BY THE FINANCE DIRECTOR
AND USE OF FACSIMILE SIGNATURES
WHEREAS, Minn. Stat. § 412.271, subd. 8 allows city councils to delegate authority to pay
certain claims without direct council approval if authorized by resolution; and
WHEREAS, Council authorized such payments to be made by the Finance Director with
adoption of Ordinance No. 2105-97, and since that time city practice has been compliant with
that council directive; and
WHEREAS, Statute specifically requires adoption of a resolution authorizing our current
practice:
NOW THEREFORE BE IT RESOLVED, that the City Council wishes claims of the city to be
paid in an efficient and timely manner and therefore establishes the following process for their
payment:
Manner of Presentation of Claims. All bills, invoices, statements and claims for payment
of money in discharge of any obligation of the City shall be filed with the Director of
Finance who shall examine the same and enter each upon the record. Each claim shall be
accompanied by either an itemized bill or payroll, or time sheet, each of which shall be
approved and signed by the responsible City officer who vouches for its correctness and
reasonableness and, except in the case of salaries and wages of employees and laborers of
the City, shall be accompanied by the claimant’s verified statement of claim as required
by law.
Payment of Claims. The Director of Finance is authorized to pay all claims determined to
be proper obligations of the City and consistent with the budget approved by the City
Council. The Director of Finance shall prepare a list of newly paid claims for Council
review at each regular meeting of the City Council.
LET IT FURTHER BE RESOLVED, that pursuant to Minn. Stat. § 47.41 & 47.42 facsimile
signatures shall be allowed as follows:
Facsimile Signatures on City Checks. The Director of Finance, who serves as Treasurer
for the city, shall prepare orders for payment of claims. Orders for payment may be
issued on behalf of the City by affixing facsimile signatures of the City Manager and
Director of Finance.
St. Louis Park City Council Meeting
Item: 050205 - 4f - Payment of Claims and Facsimile Signatures
Page 3
Reviewed for Administration: Adopted by the City Council May 2, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 050205 - 4g - Minutes PC 4-6-05
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
April 6, 2005--6:05 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer,
Dennis Morris, Carl Robertson
MEMBERS ABSENT: Michelle Bissonnette, Jerry Timian
STAFF PRESENT: Judie Erickson, Meg McMonigal, Nancy Sells
1. Call to Order – Roll Call
Chair Carper called the meeting to order at 6:05 p.m.
2. Approval of Minutes of March 16, 2005
Commissioner Robertson made a motion to approve the minutes of March 16,
2005. Commissioner Johnston-Madison seconded the motion. The motion
passed 5-0.
3. Hearings
Chair Carper stated that item B. would precede item A.
B. Case No. 05-09-CUP—Request for Conditional Use Permit by the St.
Louis Park School District to permit the excavation of more than 400
cubic yards of excavation material and improve the Junior High School
parking lot.
Meg McMonigal, Planning and Zoning Supervisor, presented a staff report. She
stated the plan is to improve the parking lot by reducing the amount of paved area.
Access, parking and circulation will be improved. Green space and parking lot
islands will be increased. Stormwater plan on the site will be improved. The
paved surface will be reduced by approximately one-third. She explained that
the City is reconstructing Texas Ave. this summer. The City and the School
District are intending to go together on this project for bidding and timing.
Construction is anticipated to occur in June and July.
Chair Carper asked about the reduction of spaces.
Official Minutes
Planning Commission
April 6, 2005
Page 2
Chuck Corlis, School District consultant, said the lot is oversized and well beyond
current standards.
Chair Carper asked about truck hauling, school traffic issues, and summer
programs.
Mr. Corlis said the lot to the east of the building will be used for summer
activities.
Commissioner Morris asked if there is a school policy prohibiting staff and
visitors from on-street parking. Mr. Corlis said as a consultant, he is not familiar
with such a policy. He commented that the new construction will create two
separate lots—one for staff parking and bus pick-up in the front and a separate
area for pick-up zone and other visitor parking.
Commissioner Morris said he asked about the policy in case the lot is
underutilized because many staff and visitors are parking on the street. He asked
if there has been a study to determine how many vehicles are actually using the
facility.
Mr. Corlis said a study has not been conducted. He has been to the facility
during the school day many times and the most cars he has counted in the lot have
been less than 30.
Commissioner Morris suggested that the school determine how many actual staff
members they have who could park in the lot rather than counting cars.
Chair Carper opened the public hearing.
Arnold Moss, 2042 Texas, lives across from the school. In the past when Texas
Ave. has been under construction he was able to park in the school lot. He said he
and his wife are both handicapped and he is concerned about access to his home
and parking if the lot and Texas Ave. are under construction at the same time.
Mr. Moss asked about construction dates.
Ms. McMonigal said she would have someone from the Public Works Dept. call
him regarding the timing of the two projects. An accommodation will be made
for resident parking.
Mr. Corlis remarked that the school lot will have to be completed by mid-August.
The Chair closed the public hearing as there was no one else present wishing to
speak.
Official Minutes
Planning Commission
April 6, 2005
Page 3
Commissioner Robertson said he lives very close to the school and he isn’t aware
of school staff parking on the street. The lot is relatively empty except on rare
occasions, such as an Election Day. He said he is pleased that the lot will be
reduced and landscaped. He said he didn’t expect the parking lot construction
would take longer than 2-3 weeks.
Commissioner Robertson made a motion recommending approval of the request
subject to conditions recommended by staff. Commissioner Johnston-Madison
seconded the motion. The motion passed 5-0.
4. Unfinished Business
A. Rules of Procedure
Commissioner Morris distributed revisions which he drafted for
discussion. He reviewed the proposed revisions.
Chair Carper said the discussion could continue at the next meeting.
Commissioner Kramer suggested adding to Section 8 that written
comments be distributed prior to the meeting or at the meeting, and not
simply attached to the minutes.
Commissioner Johnston-Madison thanked Commissioner Morris for
preparing the draft.
3. Hearings
A. (continued from 3/16)
Case Nos. 05-07-CUP--Request of Minnetonka Boulevard Investments
LLC for a conditional use permit to allow an In-Vehicle Sales or Service
(drive-through) in conjunction with a coffee shop at the old Citizens
Independent Bank building at 4201 Minnetonka Boulevard. A secondary
request is to terminate the existing special permit on the property.
Ms. McMonigal presented a staff report and reviewed changes which were
submitted by the applicant. She reviewed recommended conditions of approval.
Chair Carper asked about on-site food preparation. Ms. McMonigal responded
that the City enforces State Health Dept. regulations related to food.
Commissioner Morris discussed his concerns regarding on-street parking. He
asked if the street was under City jurisdiction or if it was the frontage road for the
County Highway. County approval for parking lanes will be necessary if it
Official Minutes
Planning Commission
April 6, 2005
Page 4
belongs to the County. The street needs to be one-way as it can’t accommodate
two-way traffic.
Ms. McMonigal said it is a City street. She said it is not a heavily used street
and she isn’t sure of its width. Staff will check with Public Works and the traffic
consultant to make sure it could remain two-way or recommend as one-way.
Commissioner Morris said he questions allowing the applicant to use the street for
parking in this particular situation. It may not currently be heavily traveled, but
according to the new plan there will be many people parking on it. He said he
isn’t sure what the lighting is like on that street. He said he isn’t satisfied with
the parking plan and how it impacts traffic circulation.
Commissioner Johnston-Madison commented on the entrance off of Joppa Ave.
and cars backing up out of parking spaces into that lane.
Ms. McMonigal said it is fairly typical in commercial lots that vehicles are
backing out into the drive aisle.
Ms. Erickson arrived at 6:50 p.m.
Commissioner Robertson said he is uncomfortable approving details and
assuming they will be taken care of prior to Council consideration. He said it
feels like the Commission’s review is incomplete. The trash enclosure still isn’t
part of the revised plans. He said he shares concerns that have been mentioned
regarding parking and circulation.
Ms. Erickson, Planning Coordinator, said the Fire Dept. has reviewed the plan and
they are requesting that the area along the west side of the parking lot next to the
building be marked as a fire lane. Ms. Erickson commented on the safety solution
of the one-way plan in the parking lot. She said the frontage road is not highly
used and continues through to the west where there is a lot of on-street parking as
well.
Commissioner Morris said he was still dissatisfied with the on-street parking.
The sidewalk will be put in right at the edge of the curb which will be a problem
for snow storage. He commented that perhaps the site can be utilized but maybe
the drive-through window element is not workable. Perhaps the applicant should
apply for a variance from parking. He said the frontage road may not have been
heavily used in the past with the drive-in bank, but a different use will probably
generate more traffic at different hours. He said he is not satisfied with the
parking plan, parking spaces, and designed sidewalk as presented.
Official Minutes
Planning Commission
April 6, 2005
Page 5
Commissioner Robertson said he felt the one-way was awkward, would be
frustrating, and would compromise safety. He added that a disabled person
entering off of Joppa would not be able to get to the accessible parking spot.
Jeff Herman, managing partner of Minnetonka Blvd. Investments, said they have
worked very closely with staff on all the changes presented. He said he was
disappointed with the reaction provided by the Commission. The bank operated
for 30 years with drive-through lanes. The traffic study provided by SRF was
very thorough. He said they felt they could provide a better traffic plan in
utilizing Joppa Ave.
Mr. Herman apologized for not being able to show a more extensive trash
enclosure plan. City Inspections staff were not able to evaluate the site until late
last week. Mr. Herman said he is currently in the process of revamping a plan
that shows a trash enclosure in the last drive-through stall. He said he is
confident that plan will be completed in time for Council review. He said the
lighting plan, irrigation plan and other miscellaneous items not required for a
conditional use permit will be submitted at the building permit stage. Mr.
Herman said he continues to believe the site can work as a drive-through.
Commissioner Kramer said he wanted to acknowledge the work that the applicant
has done. He said he feels there is a disconnection between the work that has
been accomplished and what the Commission is observing. He said he hopes
there will be a more business-friendly solution to the request. He said he thinks
the drive-through will lessen the whole parking impact. He said he looks more
favorably upon the project than other commissioners do.
Mr. Herman commented further on parking and traffic saying that commissioners
are discussing a worse case scenario and he doesn’t believe this is an area where
that scenario will happen.
Terry Judson, 3016 Lynn Ave., said he isn’t adverse to the use but he is concerned
about traffic and parking. He said the frontage road is used by apartment
residents for parking when the building lot is full. Mr. Judson said he hoped the
applicant would retain the time and temperature sign on the site. He said he
looked forward to a coffee shop in the neighborhood.
Barbara Bach, 4120 W. 28th Street, commented that Inglewood Avenue is
generally very quiet. She said that Joppa Ave. is also very quiet. She said she
would welcome a coffee shop in the neighborhood. She said that so much time
has been spent on Excelsior and Grand and Miracle Mile areas. Her
neighborhood has experienced many vacancies and business closings and she
feels cheated. She has no problems with the parking plan of the applicant. She
commented that many uses have back-up traffic into a one-way or drive-through
Official Minutes
Planning Commission
April 6, 2005
Page 6
pattern without problems. Ms. Bach said she’d like the whole neighborhood and
the street to become more vital.
Chair Carper closed the public hearing.
Commissioner Robertson said he agrees with comments made by neighborhood
residents. He said potentially it is a good project but he still has some problems
with the parking but he thinks it can be worked out. He asked Ms. Erickson about
setbacks.
Ms. Erickson said the setback needs to be at least six feet and there has to be a
bufferyard between the parking and the street.
Commissioner Robertson asked why the drive-through between the two parking
areas can’t be opened up to two-way traffic. In the worse case scenario the traffic
stacking might impede on that, but 95% of the time it will work which would
eliminate a lot of the issues that have been mentioned. It would also require a
corner curb close to the adjacent property.
Commissioner Robertson said his comments about trash enclosure plans needing
to be reviewed by Planning Commission were mainly addressed to staff, not to the
applicant. He said he believes the trash enclosure location is good. He said he
likes the improvements. He questions the tightness on Inglewood. He said he
thinks two lanes of traffic between the two pieces of parking could work.
Commissioner Robertson stated that he would be more open to the project if that
could be accomplished.
Commissioner Johnston-Madison said she believes having a coffee shop at the
site is a good idea and she believes the area deserves redevelopment. She said
she agrees with Commissioner Robertson about circulation and parking and she
would be more comfortable with the plan if those changes could be made.
Commissioner Morris asked what would happen if the off-street parking could not
be accommodated.
Ms. Erickson said the previous plan had six additional parking spaces on site.
Those on-site spaces were removed to put parking along the frontage road as a
compromise to improve the channeling of the drive-through, as well as keep green
space on the site. She commented that there are many narrow streets in St. Louis
Park. She said that this street doesn’t get much traffic and Public Works staff did
not have an issue with the plan.
Commissioner Morris requested that the Public Works Dept. does a measurement
to determine the parking lane and the remaining traffic lane as to whether it can
accommodate two way traffic or not. He stated that is a factor that will be given
Official Minutes
Planning Commission
April 6, 2005
Page 7
to the Council for their consideration. Commissioner Morrison remarked that the
role of the Planning Commission is to dissect, discuss pros and cons, and think to
the future.
Commissioner Kramer discussed parking and traffic on Inglewood. Ms.
Erickson said staff will reaffirm with the Public Works Dept. that they don’t have
an issue with the lay out.
Ms. Erickson suggested including proof of parking as a condition of approval.
She suggested the following: Condition No. 7. Applicant needs to show
provision of proof of parking on site that will be enforced if issues occur with
parking on the street.
In response to a question from Commissioner Robertson about doing due
diligence to see if the one-way bottleneck could be removed and a two-way
created, Ms. Erickson said that could be made a condition of approval by the
Planning Commission.
Commissioner Robertson made a motion to recommend approval with conditions
indicated in the staff report and the addition of two conditions requested by the
Planning Commission. Commissioner Kramer seconded the motion. The motion
passed 5-0.
Commissioner Robertson moved approval of the secondary request to terminate
the existing special permit on the property. Commissioner Johnston-Madison
seconded the motion. The motion passed on 5-0.
5. New Business
6. Communications
A. Minutes – BOZA Dec. 23, 2004
7. Adjournment
The Chair adjourned the meeting at 7:40 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
Item: 050205 - 4h - Minutes HA 3-9-05
Page 1
MINUTES
Housing Authority
St. Louis Park City Hall, Westwood Room
St. Louis Park, Minnesota
March 9, 2005
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Anne Mavity
Commissioner Judith Moore arrived at 5:09 p.m.
STAFF PRESENT: Sharon Anderson, Jane Klesk, Kevin Locke, Michele Schnitker
1. Call to Order
Commissioner Courtney called the meeting to order at 5:04 p.m.
2. Approval of Minutes for February, 2005
The February 9, 2005 minutes were unanimously approved.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Approval of Caretaker Contracts
Ms. Anderson stated that the current contracts, with Edin and Zlata Mucic and Israel
Akinbola, are expiring March 31, 2005. Both caretakers are interested in continuing
their contract. Commissioner Mavity moved to approve the caretaker contracts for a
fee of $450 per month in addition to free rent for a two-bedroom unit, and
Commissioner Fillbrandt seconded the motion. The motion passed 3-0, with
Commissioners Courtney, Fillbrandt, and Mavity voting in favor.
b. Approval of Section 8 Utility Allowance
Ms. Anderson explained the Section 8 utility allowances effective May 1, 2005.
Commissioner Mavity moved for approval of Resolution No. 537, Resolution of the
St. Louis Park Housing Authority Amending the Section 8 Utility Allowance
Schedule. Commission Fillbrandt seconded the motion, and the motion passed 4-0,
with Commissioners Courtney, Fillbrandt, Mavity, and Moore voting in favor.
2
c. Approval of Insurance Coverage
Ms. Anderson provided background on the two bids received in response to the HA’s
request for insurance coverage proposals. Commissioner Moore requested staff
clarify coverage under the State Farm policy related to the undamaged portion of a
building. After discussion, Commissioner Mavity moved to accept the State Farm
proposal at the rate of $35,920 for property, liability and crime (with a $5,000
deductible), $2,742 for automobile, and $1,672 for umbrella liability; and to obtain
coverage through the City for workers’ compensation at an approximate cost of
$5,400, and about $275 for errors and omissions; and purchase discrimination
coverage at an anticipated premium of $600 contingent upon determination of
duplication of coverage; and authorize staff to renew the flood policy, when due, at an
anticipated premium cost of approximately $2,300. Commissioner Fillbrandt
seconded the motion, and the motion passed 4-0, with Commissioners Courtney,
Fillbrandt, Mavity, and Moore voting in favor.
d. Housing Goals – Final Draft
Ms. Schnitker stated that the City Council approved the revised Housing Goals on
March 7, 2005, and that a complete record of the Housing Summit documenting the
process and key discussion points will be provided to the Housing Authority
Commissioners.
e. Project-Based Section 8 Update
Ms. Schnitker updated the Board on the status of the three developments currently
under contract to administer 45 units of the HA’s Section 8 rental assistance
allocation as Project-Based Assistance: Excelsior & Grand for 18 two-bedroom units;
Wayside House for 18 two-bedroom and 2 three-bedroom units; and Vail Place for 7
one-bedroom units. Ms. Schnitker will obtain further information concerning the
HUD requirement to issue a voucher to residents of a project-based unit following
one year of occupancy.
7. Communications from Executive Director
a. Claims List No. 3–2005
Commissioner Moore moved for ratification of Claims List No. 3-2005, and
Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with
Commissioners Courtney, Fillbrandt, Mavity, and Moore voting in favor.
b. Communications
1. Update – Excess Public Lands
Commissioner Fillbrandt provided an update on the Excess Land Task Force.
2. Update – TRAILS Family Self-Sufficiency (FSS) Funding
3. Update – Housing Summit/HA Strategic Planning
4. Update – Louisiana Court
3
5. Monthly Report for March, 2005
6. Scattered-Site Houses and Hamilton House (verbal report)
7. Draft Financial Statements - Report
8. Other
9. Adjournment
Commissioner Mavity moved to adjourn the meeting, and Commissioner Fillbrandt seconded
the motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity, and
Moore voting in favor. The meeting was adjourned at 6:38 p.m.
Respectfully submitted,
Anne Mavity, Secretary
St. Louis Park City Council Meeting
050205 - 8a - Bond Sales
Page 1
1
8a. Sale of $3,780,000 2005A General Obligation Bond and $2,470,000
2005B General Obligation Tax Increment Refunding Bonds
Description Council is requested to approve pledge agreement, escrow agreement,
2005A GO Bond, and 2005B GO Tax Increment Refunding Bond
Recommended
Action:
Motion to approve Tax Increment Pledge Agreement with the
Economic Development Authority
Motion to approve Refunding Escrow Agreement for the 1997A
General Obligation Tax Increment Bonds
Motion to approve resolution awarding the sale of $3,780,000
General Obligation Bonds, 2005A
Motion to approve resolution awarding the sale of $2,470,000
General Obligation Tax Increment Bonds, Series 2005B
Background:
On April 18, 2005 the City Council approved resolutions providing for the sale of $3,780,000
General Obligation Bonds, Series 2005A and $2,470,000 General Obligation Tax Increment
Bonds, Series 2005B.
2005A General Obligation Bonds:
The proceeds of the $3,780,000 General Obligation bond will be used to finance various park,
trails, streets, and various infrastructure improvements throughout the City. The City Council
has passed the appropriate reimbursement resolution to allow for financing these projects
through a General Obligation bond.
St. Louis Park City Council Meeting
050205 - 8a - Bond Sales
Page 2
2
Project
Project
Number Bond Cost
Total Project
Cost
Year of
Construction
Crossing Imprvement Projects 19990900 146,831$ 146,831$ 2004 and 2005
Lamplighter Pond - Dredging & Modifications - Area #4 20001800 75,000 1,569,902 2004
Bikeways Improvement Project 20011000 476,061 476,061 2005
Alley Paving Project - Edgebrook Drive 20031500 37,423 56,824 2004
Sidewalk Improvement Project - Pedestrian Curb Ramps 20040100 120,350 120,350 2005
Sidewalk Improvement Project - Other Segments 20040200 294,877 501,927 2004
Trail Improvemetn Project - Other Segments 20040300 291,240 528,444 2004
Street Project - Closures at RR Crossings 20041200 108,000 108,000 2005
Street Project - TH 100 Noise Wall (West)20050100 141,490 2,900,416 2005
Street Improvement Project - W 44th Street 20050500 100,000 100,000 2006
Aquatic Park Expansion (see note below)20063010 1,000,000$ 1,000,000$ 2006
Trail Project - Trail Connections 20040301 81,000 81,000 2005
Trail Project - Mtka Blvd (Hwy 169/Hutch Spur)20040302 187,740 187,740 2005
Trail Project - Connection at Cedar Lake Rd 20040303 150,000 150,000 2005
Street Project 20051300 35,000 35,000 2006
Street Project - Mtka Blvd BR Repl @ Hutch Spur Trail 20061200 74,000 508,000 2006
Street Project - Hwy 7 Merge Lane Mod. @ Blake Road 20081200 12,500 250,000 2008
Building Project - Police Department (Roof Replacemen MBF - 009 200,000 200,000 2005
City wide Telephone System TFR - 211 300,000 300,000 2006
Total 3,831,512$ 9,220,495$
Total anticipated 2005 GO Bond issue
(excludes bond issue costs)3,780,000$
NOTE: The total anticipated 2005 Bond issue costs indicated in the above information
exceeds the actual bond anticipated due to staff anticipating utilizing other available
revenue sources
General Obligation Tax Increment Refunding Bond:
In 1997, the City issued $7,000,000 General Obligation Tax Increment Bonds. At this time, the
City has the opportunity to refund these bonds and save approximately $70,000 in interest costs.
The term of these bonds will remain at 3.5 years and will be paid for through tax increment
revenue generated by the Excelsior Boulevard, Oak Park Village, and Trunk Highway 7 tax
increment districts.
As part of refunding the 1997 bonds, the City needs to approve a tax increment pledge agreement
with the Economic Development Authority. In addition, the City needs to approve a Refunding
Escrow Agreement so that the proceeds of the refunding bond issue can be placed in escrow until
the call date of the 1997A bonds.
Process for sale of bonds:
Both the 2005A and 2005B bonds are scheduled to be sold on May 2, 2005. Results of the sale
will be presented at the Council meeting on May 2, 2005. In addition, the outcomes of the City
Bond Rating from Moody’s Investor Services will be presented. The following resolutions
awarding the sale of bonds will be completed with the sale results and presented during the
Council meeting.
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Attachments: Pledge Agreement
Refunding Escrow Agreement
Resolutions
Prepared By: Jean D. McGann, Director of Finance
Approved By:
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TAX INCREMENT PLEDGE AGREEMENT
by and between
CITY OF ST. LOUIS PARK, MINNESOTA
and
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
THIS AGREEMENT is made and entered into on or as of the 2nd day of May, 2005, by
and between the City of St. Louis Park, Minnesota (the "City"), and St. Louis Park Economic
Development Authority (the "EDA").
RECITALS
A. The City has duly established the following project areas and tax increment districts:
(i) Excelsior Boulevard Redevelopment Project; (ii) Oak Park Village Redevelopment Project; and
(iii) the Highway 7 Development District (collectively referred to herein as the "Districts") pursuant
to Minnesota Statutes, Sections 469.001 through 469.047, 472A, and Sections 469.174 to 469.179
and predecessor statutes (Act).
B. The control, authority and operation of the Districts were transferred to the EDA by
Resolution No. 88-134 of the City, pursuant to Minnesota Statutes, Section 469.094.
C. By Resolution No. 90-4 of the EDA and Resolution No. 90-29 of the City, the
geographical areas of the project areas associated with the Districts were expanded and joined (such
expanded coterminous area is referred to herein as the “Project Area”).
D. In order to finance certain costs of the Project Area, the City issued its $7,000,000
General Obligation Tax Increment Bonds, Series 1997A, of the City, dated May 1, 1997 (the
“Refunded Bonds”).
E. The tax increment attributable to the Districts (in accordance with the Act)
received each year by the EDA from Hennepin County is referred to as the “Available Tax
Increment.”
F. Pursuant to authority conferred by Minnesota Statutes, Section 469.178, and
Minnesota Statutes, Chapter 475, the City has agreed to crossover advance refund the
outstanding Refunded Bonds through the issuance of general obligation bonds of the City in the
principal amount of $2,470,000 designated the General Obligation Tax Increment Refunding
Bonds, Series 2005B, and hereinafter referred to as the "Bonds.”
G. The EDA has agreed to pledge Available Tax Increment to the City for the
principal and interest on the Bonds from and after the redemption date on the Refunded Bonds.
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H. Pursuant to Minnesota Statutes, Section 469.178, Subdivision 2, any agreement to
pledge tax increment revenues must be made by written agreement by and between the EDA and
the City and must be filed with the Taxpayer Services Division Manager of Hennepin County.
NOW, THEREFORE, the City and the EDA mutually agree to the following:
(1) The City will sell the Bonds in accordance with the City Council resolution
approved on May 2, 2005 (the “Bond Resolution”). The Authority authorizes and
directs the City to give notice of redemption of the outstanding principal amount
of the Refunded Bonds on February 1, 2006 (the “Redemption Date”) in
accordance with the Bond Resolution and the Escrow Agreement.
(2) The proceeds from the sale of the bonds will be applied in accordance with the
Bond Resolution. The Authority specifically authorizes and directs the City to
deposit the proceeds of the Bonds (less any deductions specified in the Bond
Resolution or the Escrow Agreement) in the Escrow Account maintained by the
Escrow Agent, as such terms are defined in the Bond Resolution. Amounts in the
Escrow Account are irrevocably pledged to pay principal of and interest on the
Bonds until the Redemption Date, and to redeem the outstanding Refunded Bonds
on the Redemption Date.
(3) Prior to the Redemption Date, tax increment from the Excelsior Avenue
Redevelopment Project remains pledged to pay principal of and interest on the
Refunded Bonds in accordance with City Resolution No. 97-49.
(4) Commencing on the Redemption Date, the EDA pledges Available Tax Increment
to the pay principal of and interest on the Bonds, subject to the Parity Pledge and
the terms of this Agreement. At least three (3) business days prior to each debt
service payment date for the Bonds, there shall be transferred from the account for
any of the Districts to the Debt Service Fund maintained by the City for the
payment of the Bonds, an amount of Available Tax Increment which when taken
together with taxes levied for such purposes in accordance with the Bond
Resolution and amounts already on deposit in such Debt Service Fund, is equal to
the principal of and interest on the Bonds to become due on the subject payment
date. Any Available Tax Increment in excess of 105% of the principal and
interest due with respect to the Bonds on any payment date may be retained by the
EDA in the account for the respective Districts and applied to any costs of the
Project Area in accordance with law. The Finance Director may select the
District or Districts from which Available Tax Increment will be drawn.
(5) Without regard to anything in this Agreement to the contrary, Available Tax
Increment may be pledged (at the EDA’s option on a parity, superior or
subordinate basis) to pay principal of and interest on both the Bonds and any other
obligations issued by the City, EDA or any other public body to finance public
redevelopment costs paid or incurred by the EDA in the Project Area. The EDA
reserves the right to release all or any portion of Available Tax Increment from
the pledge under this Agreement (including without limitation the release of
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Available Tax Increment from any specific parcel within any District) to the
extent permitted by law, provided that in no event may the EDA reduce the
pledge such that Available Tax Increment is reasonably expected to pay less than
20 percent of principal and interest on the Bonds.
(6) This Agreement supplements any prior agreements between the City and EDA
with respect to pledges of Available Tax Increment.
(7) An executed copy of this Agreement shall be filed with the Taxpayer Service
Division Manager of County pursuant to the requirement contained in Minnesota
Statutes, Section 469.178, Subdivision 2.
IN WITNESS WHEREOF, the City and the EDA have caused this Agreement to be duly
executed on their behalf and their seals to be hereunto affixed and such signatures and seals to be
attested, as of the day and year first above written.
ATTEST: CITY OF ST. LOUIS PARK,
MINNESOTA
_______________________________ By_____________________________
City Manager Mayor
(SEAL)
ATTEST: ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
_______________________________ By______________________________
Executive Director President
(SEAL)
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STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S
COUNTY OF HENNEPIN CERTIFICATE
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a Tax Increment Pledge Agreement by and between the City of St. Louis
Park, Minnesota and the St. Louis Park Economic Development Authority dated as of May 2nd,
2005, relating to the City's $2,470,000 General Obligation Tax Increment Refunding Bonds,
Series 2005B, has been filed in my office.
WITNESS my hand and official seal this ___ day of May, 2005.
____________________________________
Taxpayer Services Division Manager
(SEAL) Hennepin County, Minnesota
By_________________________________
Deputy
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REFUNDING ESCROW AGREEMENT
General Obligation Tax Increment Bonds, Series 1997A
THIS AGREEMENT, made pursuant to Minnesota Statutes, Section 475.67, Subdivision 13
(Act) and executed by and between the City of St. Louis Park, Hennepin County, Minnesota (City),
and U.S. Bank National Association, St. Paul, Minnesota, a banking corporation whose deposits are
insured by the Federal Deposit Insurance Corporation and whose capital and surplus is not less than
$500,000 (Escrow Agent):
WITNESSETH: That the parties hereto recite and, in consideration of the mutual covenants
contained herein, covenant and agree as follows:
1. The City, in accordance with a resolution adopted by its governing body on May 2,
2005 "Resolution Awarding the Sale of $7,000,000 General Obligation Tax Increment Refunding
Bonds, Series 2005B; Fixing Their Form and Specifications; Directing Their Execution and
Delivery; Providing for Their Payment; Providing for the Escrowing and Investment of the
Proceeds Thereof; and Providing for the Redemption of Bonds Refunded Thereby" (Resolution), a
certified copy of the latter of which has been filed with the Escrow Agent, has provided for the
refunding of certain outstanding general obligation bonds (Refunded Bonds) of the City, described
in said Resolution, by the issuance and sale of refunding obligations, designated as "General
Obligation Tax Increment Refunding Bonds, Series 2005B" (Refunding Bonds).
2. The City has also, in accordance with the Resolution, issued and sold the Refunding
Bonds in the principal amount of $2,470,000, and has simultaneously invested the proceeds of the
Refunding Bonds (i) in the amount of $2,470,000in securities which are general obligations of the
United States, securities whose principal and interest payments are guaranteed by the United States,
and securities issued by agencies of the United States (collectively, the Federal Securities), as
described in the schedule which is attached hereto, marked Exhibit A and made a part hereof, (ii) in
the amount of $___________ as an initial cash deposit, and (iii) in the amount of $_________ to be
applied by Escrow Agent to payment of costs of issuance as specified in paragraph 3 hereof and has
irrevocably deposited all such securities with the Escrow Agent on the date of this Agreement. It is
understood and agreed that the dates and amounts of payments of principal and interest due on the
securities so deposited are as indicated in Exhibit A, and that the principal and interest payments
due on such securities together with the initial cash deposit are such as to provide the funds required
to pay all interest payable on the Refunding Bonds to the date on which any of the Refunded Bonds
have been directed to be prepaid, as stated in the Resolution and to pay the redemption price of the
Refunded Bonds on such date. The Refunded Bonds are the following:
a) $7,000,000 General Obligation Tax Increment Bonds, Series 1997A, dated
May 1, 1997, of the City, of which $2,435,000 in principal amount is subject to redemption
and prepayment on February 1, 2006.
3. The Escrow Agent acknowledges receipt of the securities described in paragraph 2
hereof and agrees that it will hold such securities in a special escrow account (Escrow Account)
created by the Resolutions in the name of the City, and will collect and receive on behalf of the City
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all payments of principal and interest on such securities and will remit from the Escrow Account (i)
to the paying agent (Paying Agent) for the Refunding Bonds the funds required from time to time
for the payment of interest on the Refunding Bonds to the date of the redemption of the Refunded
Bonds which is February 1, 2006 (Redemption Date); and (ii) to the Paying Agent for the Refunded
Bonds the funds needed for the redemption and prepayment of the outstanding principal amount of
the Refunded Bonds on the Redemption Date. After provision for payment of all remaining
Refunded Bonds, the Escrow Agent will remit any remaining funds in the Escrow Account to the
City. Of the amounts deposited with the Escrow Agent, the sum of $_______________ will be
used by the Escrow Agent for the payment and disbursement of the costs of issuance of the
Refunding Bonds and payments to the City as set forth in Exhibit B attached hereto.
4. In order to insure continuing compliance with the Internal Revenue Code of 1986, as
amended, and regulations promulgated thereunder (collectively the Code), the Escrow Agent agrees
that it will not reinvest any cash received in payment of the principal of and interest on the Federal
Securities held in the Escrow Account. This prohibition on reinvestment will continue unless and
until an opinion is received by Escrow Agent from nationally recognized bond counsel that
reinvestments, as specified in said opinion, may be made in a manner consistent with the Code.
Reinvestment, if any, of amounts in the Escrow Account made pursuant to this paragraph may be
made only in direct obligations of the United States of America which mature prior to the next date
on which either principal or interest on the Refunded Bonds is payable.
5. Escrow Agent expressly waives any lien upon or claim against the moneys and
investments in the Escrow Account.
6. If at any time it will appear to the Escrow Agent that the money in the Escrow
Account allocable for such use hereunder will not be sufficient to make any interest payment due to
the holders of any of the Refunding Bonds, or principal payment due to the holders of any of the
Refunded Bonds, the Escrow Agent will immediately notify the City. The City thereupon will
forthwith deposit in Escrow Account from funds on hand and legally available to it such additional
funds as may be required to meet fully the amount to become due and payable. The City
acknowledges its obligation to levy ad valorem taxes on all taxable property in the City to the extent
required to produce moneys necessary for this purpose. The City and Escrow Agent acknowledge
receipt of a verification report from McGladrey & Pullen, LLP, certified public accountants, dated
_______________, 2005, to the effect that such cash and securities are sufficient to comply with the
requirements of the Act.
7. The City will not repeal or amend the Resolution which calls the Refunded Bonds
for redemption on their Redemption Dates. The Escrow Agent will cause the Notice of Call for
redemption attached hereto as Exhibit C to be mailed not less than 60 days prior to the Redemption
Date to the paying agent for the Refunded Bonds for the purpose of giving notice not less than 30
days prior to the Redemption Date to the registered owners of the Refunded Bonds to be redeemed,
at their addresses appearing in the bond register and also to the bank at which the principal and
interest on the Refunded Bonds are then payable.
8. On or before February 1, 2006, the Escrow Agent will submit to the City a report
covering all money it will have received and all payments it will have made or caused to be made
hereunder during the preceding twelve months.
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9. It is recognized and agreed that title to the Federal Securities and cash, if any, held in
the Escrow Account from time to time will remain vested in the City but subject always to the prior
charge and lien thereon of this Agreement and the use thereof required to be made by this
Agreement. The Escrow Agent will hold all such money and obligations in a special trust fund and
account separate and wholly segregated from all other funds and securities of the Escrow Agent,
and will never commingle such money or securities with other money or securities; provided,
however, that nothing herein contained will be construed to require the Escrow Agent to keep the
identical monies, or any part thereof, received for the Escrow Account on hand, but moneys of an
equal amount (except to the extent such are represented by investments permitted under this
Agreement) will always be maintained on hand as funds held by the Escrow Agent as trustee,
belonging to the City, and a special account will at all times be maintained on the books of the
Escrow Agent, together with such investments. In the event of the Escrow Agent's failure to
account for any money or obligations held by it in the Escrow Account, such money and obligations
will be and remain the property of the City, and if for any reason such money or obligations cannot
be identified, all other assets of the Escrow Agent will be impressed with a trust for the amount
thereof, and the City will be entitled to a preferred claim upon such assets. It is understood and
agreed that the responsibility of the Escrow Agent under this Agreement is limited to the
safekeeping and segregation of the funds and securities deposited with it in the Escrow Account,
and the collection of and accounting for the principal and interest payable with respect thereto.
10. This Agreement is made by the City for the benefit of the holders of the Refunded
Bonds, and is not revocable by the City, and the investments and other funds deposited in the
Escrow Account and all income therefrom have been irrevocably appropriated for the payment of
the callable principal amount of the Refunded Bonds at the Redemption Date and interest on the
Refunding Bonds to the Redemption Date in accordance with this Agreement.
11. This Agreement will be binding upon and will inure to the benefit of the City and the
Escrow Agent and their respective successors and assigns. In addition, this Agreement will
constitute a third party beneficiary contract for the benefit of the holders of the Refunded Bonds and
said third party beneficiaries will be entitled to enforce performance and observance by the City and
the Escrow Agent of the respective agreements and covenants herein contained as fully and
completely as if said third party beneficiaries were parties hereto. Any bank into which the Escrow
Agent may be merged or with which it may be consolidated or any bank resulting from any merger
or consolidation to which it will be a party or any bank to which it may sell or transfer all or
substantially all of its corporate trust business will, if the City approves, be the successor agent
without the execution of any document or the performance of any further act.
12. The Escrow Agent may at any time resign and be discharged of its obligations
hereunder by giving to the City Manager of the City written notice of such resignation not less than
60 days before the date when the same is to take effect and by publication of a copy of such notice
in a daily or weekly Minnesota newspaper published in a Minnesota City of the first class, or its
metropolitan area, which circulates throughout the state and furnishes financial news as part of its
service, not less than 30 days prior to such date; provided that the Escrow Agent will return to the
County the pro rata portion of its fee which is allocable to the period of time commencing on the
effective date of such resignation. Such resignation will take effect upon the date specified in the
notice, or upon the appointment and qualification of a successor prior to that date. In the event of
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such resignation, a successor will promptly be appointed by the City, and the City Manager of the
City will immediately give written notice thereof to the predecessor escrow agent and publish the
notice in the manner described in this paragraph 12. If, in a proper case, no appointment of a
successor agent is made within 45 days after the receipt by the City of notice of such resignation,
the Escrow Agent or the holder of any Refunded Bond may apply to any court of competent
jurisdiction to appoint a successor escrow agent, which appointment may be made by the Court after
such notice, if any, as the Court may prescribe. Any successor escrow agent appointed hereunder
will execute, acknowledge and deliver to its predecessor escrow agent and to the City a written
acceptance of such appointment, and will thereupon without any further act, deed or conveyance
become fully vested with all moneys, properties, duties and obligations of its predecessor, but the
predecessor will nevertheless pay over, transfer, assign and deliver all moneys, securities or other
property held by it to the successor escrow agent, will execute, acknowledge and deliver such
instruments of conveyance and do such other things as may reasonably be required to vest and
confirm more fully and certainly in the successor escrow agent all right, title and interest in and to
any property held by it hereunder. Any bank into which the Escrow Agent may be merged or with
which it may be consolidated or any bank resulting from any merger or consolidation to which it
will be a party or any bank to which it may sell or transfer all or substantially all of its corporate
trust business will, if the City approves, be the successor escrow agent without the execution of any
document or the performance of any further act.
13. The Escrow Agent acknowledges receipt of the sum of $500.00 as its full
compensation for its services to be performed under this Agreement.
14. The duties and obligations of the Agent will be as prescribed by the provisions of
this Agreement and the Agent will not be liable hereunder except for failure to perform its duties
and obligations as specifically set forth herein or to act in good faith in the performance thereof and
no implied duties or obligations will be incurred by the Agent other than those specified herein.
15. Any notice, authorization, request or demand required or permitted to be given in
accordance with the terms of this Agreement will be in writing and sent by registered or certified
mail addressed:
If to the City: 5005 Minnetonka Blvd.
St. Louis Park, Minnesota 55416-2290
Attn: City Manager
If to the Escrow Agent: U.S. Bank National Association
Corporate Trust Operations
60 Livingston Avenue
EP-MN-WS3C
St. Paul, Minnesota 55107
Attn: Corporate Trust Department
16. The exhibits which are a part of this Agreement are as follows:
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Exhibit A Federal Securities
Exhibit B Costs of Issuance
Exhibit C Notice of Call for Redemption
IN WITNESS WHEREOF the parties hereto have caused this instrument to be duly
executed by their duly authorized officers, in counterparts, each of which is deemed to be an
original agreement, on this 2nd day o f May, 2005.
CITY OF ST. LOUIS PARK, MINNESOTA
By
Its Mayor
(SEAL)
Attest:
By
Its City Manager
U.S. BANK NATIONAL ASSOCIATION
(SEAL) By
Its Corporate Trust Officer
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EXHIBIT A
FEDERAL SECURITIES
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EXHIBIT B
COSTS OF ISSUANCE
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EXHIBIT C
NOTICE OF CALL FOR REDEMPTION
$7,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1997A
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of St. Louis
Park, Hennepin County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1, 2006
all outstanding bonds of the City designated as General Obligation Tax Increment Bonds,
Series 1997A, dated May 1, 1997, having stated maturity dates of February 1 in the years 2007
through 2009, both inclusive, totaling $2,435,000 in principal amount, and with the following
CUSIP numbers:
Year of Maturity CUSIP
2007
2008
2009
The bonds are being called at a price of par plus accrued interest to February 1, 2006, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment to the Finance Director of the City of
St. Louis Park, Minnesota on or before February 1, 2006.
Importance Notice: In compliance with the Economic Growth and Tax Relief
Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable
backup withholding rate in effect at the time the payment by the redeeming institutions if they are
not provided with your social security number or federal employer identification number, properly
certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank
or other financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is
any representation made as to the correctness indicated in the Redemption Notice or on any Bond.
It is included solely for convenience of the Holders.
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Dated: May 2, 2005.
BY ORDER OF THE CITY COUNCIL
By /s/ Cynthia Reichert
City Clerk
City of St. Louis Park, Minnesota
261786V1 (SJB)
SA140-81
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Extract of Minutes of Meeting
of the City Council of the City of
St. Louis Park, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
St. Louis Park, Minnesota, was duly held in the City Hall in said City on Monday, May 2, 2005,
commencing at 7:30 o'clock P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of the proposals
that had been received for the purchase of the City's approximately $3,780,000 General Obligation
Bonds, Series 2005A.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Official Terms of Proposal for the Bonds. The proposals are as set forth in
Exhibit A attached.
After due consideration of the proposals, Member ____________________ then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption:
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RESOLUTION NO. 05-064
A RESOLUTION AWARDING THE SALE OF $_________
GENERAL OBLIGATION BONDS, SERIES 2005A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County,
Minnesota (the “City”) as follows:
Section 1. Sale of Bonds.
1.01. It is hereby determined that:
(a) the City has determined a need to finance the following improvements in
the City (the "Project");
Project
Project
Number Bond Cost
Crossing Imprvement Projects 19990900 146,831$
Lamplighter Pond - Dredging & Modifications - Area #4 20001800 75,000
Bikeways Improvement Project 20011000 476,061
Alley Paving Project - Edgebrook Drive 20031500 37,423
Sidewalk Improvement Project - Pedestrian Curb Ramps 20040100 120,350
Sidewalk Improvement Project - Other Segments 20040200 294,877
Trail Improvemetn Project - Other Segments 20040300 291,240
Street Project - Closures at RR Crossings 20041200 108,000
Street Project - TH 100 Noise Wall (West)20050100 141,490
Street Improvement Project - W 44th Street 20050500 100,000
Aquatic Park Expansion (see note below)20063010 1,000,000$
Trail Project - Trail Connections 20040301 81,000
Trail Project - Mtka Blvd (Hwy 169/Hutch Spur)20040302 187,740
Trail Project - Connection at Cedar Lake Rd 20040303 150,000
Street Project 20051300 35,000
Street Project - Mtka Blvd BR Repl @ Hutch Spur Trail 20061200 74,000
Street Project - Hwy 7 Merge Lane Mod. @ Blake Road 20081200 12,500
Building Project - Police Department (Roof Replacement)MBF - 009 200,000
City wide Telephone System TFR - 211 300,000
(b) the City is authorized by Minnesota Statutes, Chapter 475 (the "Act") and
its home rule charter to finance all or a portion of the cost of the Project (the "Project
Costs") by the issuance of general obligation bonds of the City. The Project Costs are
presently estimated by the engineer to be as follows:
Project Fund $
Underwriter's Discount
Costs of Issuance
Capitalized Interest
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Rounding Amount
Total $
(c) it is necessary and expedient to the sound financial management of the
affairs of the City to issue $______________ General Obligation Bonds, Series 2005A
(the “Bonds”) to provide financing for the Project.
1.02. The proposal of ________________________________________ (the “Purchaser”)
to purchase $_______________ General Obligation Bonds, Series 2005A (the “Bonds”) of the City
described in the Official Terms of Proposal thereof is hereby found and determined to be a
reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of
$____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2006 2011
2007 2012
2008 2013
2009 2014
2010 2015
True interest cost: _________
1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of
$________________ is credited to the Debt Service Fund hereinafter created. The City Finance
Director is directed to retain the good faith check of the Purchaser, pending completion of the sale
of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The
Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 475 (the “Act”), in the total principal amount of $_______________, originally dated May
25, 2005, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1,
upward, bearing interest as above set forth, and maturing serially on February 1 in the years and
amounts as follows:
Year Amount Year Amount
2007 2012
2008 2013
2009 2014
2010 2015
2011 2016
1.05. Optional Redemption. The City may elect on February 1, 2013, and on any day
thereafter to prepay Bonds due on or after February 1, 2014. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
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than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
is payable on February 1 and August 1 of each year, commencing February 1, 2006, to the
registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City appoints the City Finance Director as Bond Registrar,
transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties
of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar will keep a bond register in which the Registrar
provides for the registration of ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will deliver, in the name of
the designated transferee or transferees, one or more new Bonds of a like aggregate principal
amount and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month preceding each
interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will deliver one or more new Bonds of a like aggregate principal
amount and maturity as requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
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(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner's order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in
form, substance and amount satisfactory to it and as provided by law, in which both the City
and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) to the registered owner of
each Bond to be redeemed at the address shown on the registration books kept by the
Registrar and by publishing the notice if required by law. Failure to give notice by
publication or by mail to any registered owner, or any defect therein, will not affect the
validity of the proceedings for the redemption of Bonds. Bonds so called for redemption
will cease to bear interest after the specified redemption date, provided that the funds for the
redemption are on deposit with the place of payment at that time.
2.04. Execution and Delivery. The Bonds will be prepared under the direction of the City
Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager,
provided that those signatures may be printed, engraved or lithographed facsimiles of the originals.
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If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be
such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and
sufficient for all purposes, the same as if the officer had remained in office until delivery. When the
Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to
the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase
price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
No. R-_____ UNITED STATES OF AMERICA $_________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST. LOUIS PARK
GENERAL OBLIGATION BOND, SERIES 2005A
Rate
Maturity
Date of
Original Issue
CUSIP
__________, 20__ May 25, 2005
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation
in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $__________ on the maturity date specified above with interest thereon from the
date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing February 1, 2006, to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month.
The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by the Finance Director of the City
of St. Louis Park, Minnesota, as Bond Registrar, Paying Agent and Transfer Agent, or its designated
successor under the Resolution described herein. For the prompt and full payment of such principal
and interest as the same respectively become due, the full faith and credit and taxing powers of the
City have been and are hereby irrevocably pledged.
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The City may elect on February 1, 2013, and on any day thereafter to prepay Bonds due on
or after February 1, 2014. Redemption may be in whole or in part and if in part, at the option of the
City and in such manner as the City will determine. If less than all Bonds of a maturity are called
for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's
interest in such maturity to be redeemed and each participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $_________ all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and interest
rate, all issued pursuant to a resolution adopted by the City Council on May 2, 2005
(the “Resolution”), for the purpose of providing money to aid in financing the cost of various
improvements in the City, pursuant to and in full conformity with the home rule charter of the City
and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475,
and the principal hereof and interest hereon are payable primarily from ad valorem taxes, as set
forth in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond
and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property
in the City in the event of any deficiency, which additional taxes may be levied without limitation as
to rate or amount. The Bonds of this series are issued only as fully registered Bonds in
denominations of $5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the
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issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF ST. LOUIS PARK,
MINNESOTA
(Facsimile) (Facsimile)
City Manager Mayor
The following abbreviations, when used in the inscription on the face of this Bond, will
be constructed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to
transfer the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion
Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP")
or other such "signature guarantee program" as may be determined by the Registrar in addition
to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange
Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
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The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
City Finance Director
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager is authorized and directed to obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and cause the opinion to be printed on or accompany each
Bond.
Section 4. Fund; Payment; Security; Pledges and Covenants.
4.01. The Bonds will be payable from the General Obligation Bonds, Series 2005A Debt
Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of the ad valorem taxes
hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principal or interest
on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the
same, the Finance Director will pay such principal or interest from the general fund of the City, and
the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by
this resolution, when collected. There is appropriated to the Debt Service Fund (i) capitalized
interest financed from Bond proceeds, if any, and (ii) any amount over the minimum purchase price
of the Bonds paid by the Purchaser.
4.02. The proceeds of the Bonds, less the appropriations made in paragraph (a), together
with any other funds appropriated for the Project will be deposited in a separate construction
fund (which may contain separate accounts for components of the Project) to be used solely to
defray expenses of the Project described in Section 1.01. When the Project is completed and the
cost thereof paid, the construction account is to be closed and any balance remaining therein are
to be deposited in the Debt Service Fund.
4.03. For the purpose of paying the principal of and interest on the Bonds, there is levied a
direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread
upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be
credited to the Debt Service Fund above provided and is in the years and amounts as follows (year
stated being year of levy for collection the following year):
Year Levy
(See Attachment A)
4.04. It is determined that the estimated collection of the foregoing taxes will produce at
least five percent in excess of the amount needed to meet when due, the principal and interest
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payments on the Bonds. The tax levy herein provided will be irrepealable until all of the Bonds are
paid, provided that at the time the City makes its annual tax levies the City Manager may certify to
the Taxpayer Services Division Manager of Hennepin County the amount available in the Debt
Service Fund to pay principal and interest due during the ensuing year, and the Taxpayer Services
Division Manager will thereupon reduce the levy collectible during such year by the amount so
certified.
4.05. The City Manager is authorized and directed to file a certified copy of this resolution
with the Taxpayer Services Division Manager and to obtain the certificate required by Minnesota
Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
5.02. The Mayor, City Manager and Finance Director are authorized and directed to
certify that they have examined the Official Statement prepared and circulated in connection with
the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made therein as
of the date of the Official Statement.
5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable
to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered
as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further
distribution as directed by the City's financial adviser, Ehlers & Associates, Inc.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
6.02. (a) The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
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limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit
them or any of them to be used, in such a manner as to cause the Bonds to be "private activity
bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2005 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar
year 2005 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the
name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(the “Participants”) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Bond Registrar), of any notice with respect to
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the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may
treat and consider the person in whose name each Bond is registered in the registration books kept
by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Bond Registrar, and all such payments will
be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No
person other than a registered owner of Bonds, as shown in the registration books kept by the Bond
Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon
delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new
nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy
of the same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment
of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds
will agree to take all action necessary for all representations of the City in the Representation letter
with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this
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Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be
considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to cause the City to comply with its obligations under this section.
8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
Section 9. Defeasance. When all Bonds and all interest thereon, have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the
holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the
prompt and full payment of the principal of and interest on the Bonds will remain in full force and
effect. The City may discharge all Bonds which are due on any date by depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should
not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of such deposit.
The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
261735V1 (SJB)
SA140-81
31
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF ST. LOUIS PARK )
I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City Council of the City held on May
2, 2005 with the original minutes on file in my office and the extract is a full, true and correct copy
of the minutes insofar as they relate to the issuance and sale of $___________ General Obligation
Bonds, Series 2005A of the City.
WITNESS My hand officially as such Clerk and the corporate seal of the City this ______
day of _______________, 2005.
City Clerk
St. Louis Park, Minnesota
(SEAL)
32
STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S
CERTIFICATE AS TO
COUNTY OF HENNEPIN TAX LEVY AND
REGISTRATION
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a certified copy of a resolution adopted by the governing body of the City of St.
Louis Park, Minnesota, on May 2, 2005, levying taxes for the payment of $____________ General
Obligation Bonds, Series 2005A, of said municipality dated May 25, 2005, has been filed in my
office and said bonds have been entered on the register of obligations in my office and that such tax
has been levied as required by law.
WITNESS My hand and official seal this _____ day of _________________, 2005.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
Deputy
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Extract of Minutes of Meeting
of the City Council of the City of
St. Louis Park, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
St. Louis Park, Minnesota, was duly held in the City Hall in said City on Monday, May 2, 2005,
commencing at 7:30 o'clock P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City's approximately $2,470,000 General
Obligation Tax Increment Refunding Bonds, Series 2005B.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Official Terms of Proposal for the Bonds. The proposals are as set forth in
Exhibit A attached.
After due consideration of the proposals, Member ____________________ then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent
and moved its adoption:
In accordance with the official Terms of Proposal the following adjustments were made:
Principal Amount:
Maturities:
Minimum Purchase Price:
34
RESOLUTION NO. 05-065
A RESOLUTION AWARDING THE SALE OF $_________ GENERAL
OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2005B;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE
ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF;
AND PROVIDING FOR THE REDEMPTION OF
BONDS REFUNDED THEREBY.
BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County,
Minnesota (the “City”) as follows:
Section 1. Sale of Bonds.
1.01. It is hereby determined that:
(a) the City has duly established the following project areas and tax increment
districts: (i) Excelsior Boulevard Redevelopment Project; (ii) Oak Park Village Redevelopment
Project; and (iii) the Highway 7 Development District (collectively referred to herein as the
"Districts") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, Chapter 472A,
and Sections 469.174 to 469.179 and predecessor statutes (Act);
(b) the control, authority and operation of the Districts were transferred to the St.
Louis Park Economic Development Authority (Authority) by Resolution No. 88-134 of the City,
pursuant to Minnesota Statutes, Section 469.094; and
(c) by Resolution No. 90-4 of the Authority and Resolution No. 90-29 of the City, the
geographical areas of the project areas associated with the Districts were expanded and joined
(such expanded coterminous area is referred to herein as the “Project Area”); and
(d) the City is authorized by Section 469.178 of the TIF Act to issue and sell its
general obligations to pay all or a portion of the public development and redevelopment costs
(Costs) related to the Project Area as identified in the redevelopment plan and program and tax
increment financing plan (Plans) for the Districts;
(e) the City is authorized by the provisions of Minnesota Statutes, Chapter 475
(the “Act”) and Section 475.67, Subdivision 13 of the Act and its home rule charter to issue and
sell its general obligation bonds to refund outstanding bonds when determined by the City
Council to be necessary and desirable;
(f) it is necessary and desirable that the City issue approximately $2,470,000 General
Obligation Tax Increment Refunding Bonds, Series 2005B (the “Bonds”) to refund in advance of
maturity and at their redemption date, certain outstanding general obligations of the City; the
proceeds of which have been
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(g) the outstanding bonds to be refunded (the “Refunded Bonds”) consist of the
$7,000,000 General Obligation Tax Increment Bonds, Series 1997A, dated May 1, 1997, of
which $2,435,000 in principal amount is callable on February 1, 2006.
(h) the Mayor and City Manager are authorized and directed to execute a Tax
Increment Pledge Agreement between the City and the Authority (Pledge Agreement) in
substantially the form on file in City Hall, pursuant to which the Authority pledges certain
Available Tax Increment (as defined in the Pledge Agreement) to pay principal of and interest on
the Bonds.
1.02. The proposal of ________________________________________ (the “Purchaser”)
to purchase $_______________ General Obligation Tax Increment Refunding Bonds, Series 2005B
(the “Bonds”) of the City described in the Official Terms of Proposal thereof is determined to be a
reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of
$____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows:
Year Interest
Rate
Year Interest
Rate
2007 2009
2008
True interest cost: _________
1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of
$________________ is credited to the Escrow Account hereinafter created, or designated to pay
costs of issuance of the Bonds, as may be recommended by the financial advisors to the City. The
City Finance Director is directed to retain the good faith check of the Purchaser, pending
completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
proposers forthwith. The Mayor and City Manager are directed to execute a contract with the
Purchaser on behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 475 (the “Act”) in the total principal amount of $_______________, originally dated
May 25, 2005, in the denomination of $5,000 each or any integral multiple thereof, numbered No.
R-1, upward, bearing interest as above set forth, and maturing serially on February 1 without option
of prior payment in the years and amounts as follows:
Year Amount Year Amount
2007 2009
2008
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
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2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
is payable on February 1 and August 1 of each year, commencing February 1, 2006, to the
registered owners of record as of the close of business on the fifteenth day of the immediately
preceding month, whether or not that day is a business day.
2.03. Registration. The City appoints the City Finance Director as Bond Registrar,
transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties
of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar will keep a bond register in which the Registrar
provides for the registration of ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will deliver, in the name of
the designated transferee or transferees, one or more new Bonds of a like aggregate principal
amount and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month preceding each
interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will deliver one or more new Bonds of a like aggregate principal
amount and maturity as requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner's order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
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(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in
form, substance and amount satisfactory to it and as provided by law, in which both the City
and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
2.04. Execution and Delivery. The Bonds will be prepared under the direction of the City
Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager,
provided that those signatures may be printed, engraved or lithographed facsimiles of the originals.
If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be
such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and
sufficient for all purposes, the same as if the officer had remained in office until delivery. When the
Bonds have been so prepared and executed, the City Manager will deliver the same to the Purchaser
upon payment of the purchase price in accordance with the contract of sale heretofore made and
executed, and the Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
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No. R-____ UNITED STATES OF AMERICA $__________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST. LOUIS PARK
GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2005B
Rate
Maturity
Date of
Original Issue
CUSIP
__________, 20__ May 25, 2005
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation
in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $__________ on the maturity date specified above without option of prior
payment, with interest thereon from the date hereof at the annual rate specified above, payable
February 1 and August 1 in each year, commencing February 1, 2006, to the person in whose name
this Bond is registered at the close of business on the fifteenth day (whether or not a business day)
of the immediately preceding month. The interest hereon and, upon presentation and surrender
hereof, the principal hereof are payable in lawful money of the United States of America by check
or draft by the Finance Director of the City of St. Louis Park, Minnesota, as Bond Registrar, Paying
Agent and Transfer Agent, or its designated successor under the Resolution described herein. For
the prompt and full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $_________ all of like
original issue date and tenor, except as to number, maturity date, and interest rate, all issued
pursuant to a resolution adopted by the City Council on May 2, 2005 (the “Resolution”), for the
purpose of providing money to refund in advance of maturity and on the Redemption Date, as
defined in the Resolution, a portion of certain general obligation bonds of the City, pursuant to and
in full conformity with the home rule charter of the City and the Constitution and laws of the State
of Minnesota, including Minnesota Statutes, Sections 475.67, Subdivision 13. The interest hereon
is payable until the Redemption Date, primarily out of the Escrow Account and Debt Service
Account in the City's Tax Increment Refunding Bonds, Series 2005B Debt Service Fund and after
the Redemption Date from tax increments resulting from increases in the taxable value of real
property in certain tax increment financing districts in the City as set forth in the Resolution to
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which reference is made for a full statement of rights and powers thereby conferred. The full faith
and credit of the City are irrevocably pledged for payment of this Bond and the City Council has
obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any
deficiency in tax increments pledged, which taxes may be levied without limitation as to rate or
amount. The Bonds of this series are issued only as fully registered Bonds in denominations of
$5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the
issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
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Dated:
CITY OF ST. LOUIS PARK,
MINNESOTA
(Facsimile) (Facsimile)
City Manager Mayor
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
______________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _______________ attorney to transfer the said Bond
on the books kept for registration of the within Bond, with full power of substitution in the
premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
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NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program
(“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other
such “signature guarantee program” as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
City Finance Director
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager is authorized and directed to obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and cause the opinion to be printed on or accompany each
Bond.
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Section 4. Bonds; Security; Escrow.
4.01. Funds and Accounts. For the convenience and proper administration of the moneys
to be borrowed and repaid on the Bonds and the Refunded Bonds (as defined in the resolution
providing for the issuance and sale of the Bonds), and to provide adequate and specific security for
the Purchaser and holders from time to time of the Bonds and Refunded Bonds, there is hereby
created a special fund to be designated the Tax Increment Refunding Bonds, Series 2005B Debt
Service Fund (the “Fund”) to be administered and maintained by the Finance Director as a
bookkeeping account separate and apart from all other funds maintained in the official financial
records of the City. The Fund will be maintained in the manner herein specified until all of the
Refunded Bonds have been paid and until all of the Bonds and the interest thereon will have been
fully paid. There will be maintained in the Fund two separate accounts, to be designated the Escrow
Account and Debt Service Account.
(a) Escrow Account. The Escrow Account will be maintained as an Escrow
Account (the “Escrow Account”) with U.S. Bank National Association, in St. Paul,
Minnesota, which is a suitable financial institution within the State, whose deposits are
insured by the Federal Deposit Insurance Corporation, whose combined capital and surplus
is not less than $500,000 and said financial institution is hereby designated escrow agent
(the “Escrow Agent”) for the Escrow Account. All proceeds of the sale of the Bonds will be
received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of
issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby
irrevocably pledged and appropriated to the Escrow Account, together with all investment
earnings thereon. The Escrow Account will be invested in securities maturing or callable at
the option of the holder on such dates and bearing interest at such rates as will be required to
provide sufficient funds, together with any cash or other funds retained in the Escrow
Account, to pay when due the interest to accrue on each Bond to and including February 1,
2006 (the “Redemption Date”), and to pay when due on the Redemption Date the principal
amount of each of the Refunded Bonds then outstanding. From the Escrow Account there
will be paid (i) all interest paid on, or to be paid on, or to accrue on, the Bonds to and
including the Redemption Date, and (ii) the principal of the Refunded Bonds due by reason
of redemption on the Redemption Date. The Escrow Account will be irrevocably
appropriated to the payment of the principal of and interest on the Bonds until the proceeds
of the Bonds therein are applied to prepayment of the Refunded Bonds. The moneys in the
Escrow Account will be used solely for the purposes herein set forth and for no other
purpose, except that any surplus in the Escrow Account may be remitted to the City, all in
accordance with the Escrow Agreement (hereafter defined) by and between the City and the
Escrow Agent. Any moneys remitted to the City upon termination of the Escrow
Agreement will be deposited in the Debt Service Account.
(b) Debt Service Account. To the Debt Service Account there is hereby pledged
and irrevocably appropriated and there will be credited: (i) any balance remitted to the City
upon the termination of the Escrow Agreement; (ii) any balance remaining on February 2,
2006, in the Debt Service Fund created by the City Council resolution authorizing the
issuance and sale of the Refunded Bonds (the “Prior Resolution”); (iii) any collections of all
taxes hereafter levied for the payment of the Bonds and interest thereon; (iv) all investment
earnings on funds in the Debt Service Account; (v) after the Redemption Date, all Available
Tax Increment (as defined in the Pledge Agreement) received by the City from the
43
Authority pursuant to the Pledge Agreement; (vi) accrued interest (if any) received upon
delivery of the Bonds, to the extent not required to fund the Escrow Account; and (vii) any
and all other moneys which are properly available and are appropriated by the City Council
to the Debt Service Account. The amount of any surplus remaining in the Debt Service
Account when the Bonds and interest thereon are paid will be used as provided in Section
475.61, Subdivision 4 of the Act.
4.02. Findings. It is hereby found and determined that based upon information presently
available from the City's financial advisers, the issuance of the Bonds will result in a reduction of
debt service cost to the City on the Refunded Bonds, such that the present value of such debt service
or interest cost savings (the “Reduction”) is __________% of the debt service on the Refunded
Bonds. The Reduction, after the inclusion of all authorized expenses of refunding in the
computation of the effective interest rate on the Bonds, is adequate to authorize the issuance of the
Bonds as provided by Minnesota Statutes, Section 475.67, Subdivisions 12 and 13.
4.03. The moneys in the Debt Service Account will be used solely to pay the principal of
and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No
portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding
investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (i) for a reasonable temporary period until such proceeds are needed for the
purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater
than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any
proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account
which will be used to pay principal and interest to become due on the Bonds) in excess of amounts
which under the applicable federal arbitrage regulations may be invested without regard as to yield
will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage
regulations on such investments after taking into account any applicable temporary periods or minor
portion made available under the federal arbitrage regulations. In addition, the proceeds of the
Bonds and money in the Fund will not be invested in obligations or deposits issued by, guaranteed
by or insured by the United States or any agency or instrumentality thereof if and to the extent that
such investment would cause the Bonds to be federally guaranteed within the meaning of Section
149(b) of the Internal Revenue Code of 1986, as amended (the “Code”).
4.04. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers
of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Account or
Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the
general fund of the City which are available for such purpose, and such general fund may be
reimbursed with or without interest from the Escrow Account or Debt Service Account when a
sufficient balance is available therein.
4.05. It is determined that estimated collection of tax increments for the payment of
principal and interest on the Bonds after the Redemption Date will produce at least five percent in
excess of the amount needed to meet when due, the principal and interest payments on the Bonds
maturing after the Redemption Date, and that no tax levy is needed at this time.
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4.06. Filing. The City Manager is authorized and directed to file a certified copy of this
resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the
certificate required by Section 475.63 of the Act.
Section 5. Refunding; Findings; Redemption of Refunded Bonds.
5.01. As of the date of delivery of and payment for the Bonds proceeds of the Bonds in the
amount of $____________ (including amounts used to pay costs of issuance) (the "Proceeds"), are
hereby pledged and appropriated and will be deposited in the Escrow Account.
5.02. It is hereby found and determined that the Proceeds available and appropriated to the
Escrow Account will be sufficient, together with the permitted earnings on the investment of the
Escrow Account, to pay principal of and interest on the Bonds through the Redemption Date, and to
pay at maturity or redemption all of the principal of and redemption premium (if any) on the
Refunded Bonds.
5.03. Securities purchased from the monies in the Escrow Account will be limited to
securities specified in Section 475.67, Subdivision 8 of the Act. Ehlers & Associates, Inc., as agent
for the City of St. Louis Park is hereby authorized and directed to purchase for and on behalf of the
City of St. Louis Park and in its name, appropriate securities to fund the Escrow Account. Upon the
issuance and delivery of the Bonds, the securities so purchased will be deposited with the Escrow
Agent and held pursuant to the terms of the Escrow Agreement and the Resolution.
5.04. The Refunded Bonds maturing on February 1, 2006 and thereafter will be redeemed
and prepaid on the Redemption Date. The Refunded Bonds will be redeemed and prepaid in
accordance with their terms and in accordance with the terms and conditions set forth in the form of
Notice of Call for Redemption attached hereto as Attachment A which terms and conditions are
hereby approved and incorporated herein by reference. The Registrar for the Refunded Bonds is
authorized and directed to send a copy of the Notice of Redemption to each registered holder of the
Refunded Bonds.
5.05. Escrow Agreement. On or prior to the delivery of the Refunding Bonds, the Mayor
and the City Manager are hereby authorized and directed to execute on behalf of the City an escrow
agreement (the “Escrow Agreement”) with the Escrow Agent in substantially the form now on file
with the City Manager. All essential terms and conditions of the Escrow Agreement including
payment by the City of reasonable charges for the services of the Escrow Agent, are hereby
approved and adopted and made a part of this resolution, and the City covenants that it will
promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent.
Section 6. Authentication of Transcript.
6.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
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6.02. The Mayor, City Manager and Finance Director are hereby authorized and directed
to certify that they have examined the Official Statement prepared and circulated in connection with
the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made therein as
of the date of the Official Statement.
Section 7. Tax Covenant.
7.01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
7.02. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States.
7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit
them or any of them to be used, in such a manner as to cause the Bonds to be "private activity
bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City hereby designates the Bonds as "qualified tax-exempt obligations"
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2005 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar
year 2005 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
46
Section 8. Book-Entry System; Limited Obligation of City.
8.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each such Bond will be registered in the registration books kept by the
Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New
York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of
the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the
name of Cede & Co., as nominee of DTC.
8.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(the “Participants”) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Bond Registrar), of any notice with respect to
the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may
treat and consider the person in whose name each Bond is registered in the registration books kept
by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Bond Registrar, and all such payments will
be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No
person other than a registered owner of Bonds, as shown in the registration books kept by the Bond
Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon
delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new
nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy
of the same to the Bond Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment
of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds
will agree to take all action necessary for all representations of the City in the Representation letter
with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times.
8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interest, in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
47
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 9. Continuing Disclosure.
9.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this
Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be
considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to cause the City to comply with its obligations under this section.
9.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
Section 10. Defeasance. When all Bonds and all interest thereon, have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the
holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the
prompt and full payment of the principal of and interest on the Bonds will remain in full force and
effect. The City may discharge all Bonds which are due on any date by depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should
not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of such deposit.
The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
48
whereupon said resolution was declared duly passed and adopted.
261760V1 (SJB)
SA140-81
49
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF ST. LOUIS PARK )
I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City Council of the City held on May 2,
2005 with the original minutes on file in my office and the extract is a full, true and correct copy of
the minutes insofar as they relate to the issuance and sale of $______________ General Obligation
Tax Increment Refunding Bonds, Series 2005B of the City.
WITNESS My hand officially as such Clerk and the corporate seal of the City this ______
day of _______________, 2005.
City Clerk
St. Louis Park, Minnesota
(SEAL)
50
STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S
CERTIFICATE AS TO
COUNTY OF HENNEPIN REGISTRATION WHERE NO AD
VALOREM TAX LEVY
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a resolution adopted by the City Council of the City of St. Louis Park,
Minnesota, on May 2, 2005, relating to General Obligation Tax Increment Refunding Bonds, Series
2005B, in the amount of $_______________, dated May 25, 2005, has been filed in my office and
said obligations have been registered on the register of obligations in my office.
WITNESS My hand and official seal this ____ day of ____________, 2005.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
Deputy
51
ATTACHMENT A
NOTICE OF CALL FOR REDEMPTION
$7,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1997A
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of St. Louis
Park, Hennepin County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1, 2006
all outstanding bonds of the City designated as General Obligation Tax Increment Bonds,
Series 1997A, dated May 1, 1997, having stated maturity dates of February 1 in the years 2007
through 2009, both inclusive, totaling $2,435,000 in principal amount, and with the following
CUSIP numbers:
Year of Maturity CUSIP
2007
2008
2009
The bonds are being called at a price of par plus accrued interest to February 1, 2006, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment to the Finance Director of the City of
St. Louis Park, Minnesota on or before February 1, 2006.
Importance Notice: In compliance with the Economic Growth and Tax Relief
Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable
backup withholding rate in effect at the time the payment by the redeeming institutions if they are
not provided with your social security number or federal employer identification number, properly
certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank
or other financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is
any representation made as to the correctness indicated in the Redemption Notice or on any Bond.
It is included solely for convenience of the Holders.
52
Dated: May 2, 2005.
BY ORDER OF THE CITY COUNCIL
By /s/ Cynthia Reichert
City Clerk
City of St. Louis Park, Minnesota
53
EXHIBIT A
PROPOSALS
St. Louis Park City Council Meeting
Item: 050205 - 8b - CUP Excavation - SLP Jr High
Page 1
8b. Request for Conditional Use Permit by the St. Louis Park School District to
permit the excavation of more than 400 cubic yards of excavation material and
improve the Junior High School parking lot.
Case No. 05-09-CUP
2025 Texas Avenue South
Recommended
Action:
• Motion to approve a resolution for a Conditional Use Permit
to allow the excavation of more than 400 cubic yards of soil
from the Junior High School location, subject to conditions
recommended by staff.
Current Zoning: R1, Single Family Residential
Comprehensive Plan
Designation: Civic
Request:
St. Louis Park School District is requesting a CUP for excavation to modify its parking lot at the
Junior High School located at 2025 Texas Avenue South. They intend to reconfigure the
parking and drop off area and reduce the overall amount of paved surface.
Background:
The proposed revisions to the parking lot will reduce parking from 109 auto spaces to 82 spaces.
Bus parking will remain the same at 20 spaces. Overall the new parking area will be
approximately 1/3 smaller than the existing lot.
The City will be reconstructing Texas Avenue adjacent to the school this summer and suggested
the School District join in the project in order to coordinate and sequence the projects
appropriately. The Public Works Department is working with the School District on handling
the storm water on the site.
This project will require the removal of six trees. New landscaping will be installed in the
parking lot islands, as well as around the perimeter of the new parking area. This will meet the
city’s landscape and tree replacement standards.
Planning Commission Action:
On April 6, 2005, the Planning Commission held a public hearing and recommended approval of
the Conditional Use Permit with conditions as outlined in the report.
St. Louis Park City Council Meeting
Item: 050205 - 8b - CUP Excavation - SLP Jr High
Page 2
Junior High School Site – 2025 Texas Avenue
Recommendation: Staff recommends approval of the attached resolution for the Conditional
Use Permit to allow the excavation of more than 400 cubic yards of soil from the St. Louis Park
Junior High School site located at 2025 Texas Avenue South, subject to the following
conditions:
1. The site shall be excavated and developed in accordance with the conditions of this
resolution, the approved Official Exhibits, and the City Code; all documents are
incorporated by reference herein.
2. Prior to any site work, the developer shall meet the following requirements:
a. Stormwater design details must be submitted and approved by the City Engineer.
b. A copy of the Watershed District permit shall be forwarded to the City.
d. Obtain the required erosion control permit and other permits required by the City,
which may impose additional conditions.
e. Any other necessary permits from other agencies shall be obtained.
f. Sign Assent form and official exhibits.
h. Specifications for tree protection and erosion control fencing must be submitted and
approved by the City Forester. Required tree protection and erosion control fencing
must be installed prior to grading activities.
i. All other engineering requirements must be met.
3. The required easement on this site for the Lamplighter Pond project must be signed and
submitted to the City prior to the CUP being issued.
4. The hauling route shall be north on Texas Avenue to Wayzata Boulevard, or in the event
of a conflict with the Texas Avenue construction, south on Texas Avenue to Cedar Lake
Road to Highway 169.
Attachments: Proposed Plans
Prepared By: Meg J. McMonigal, Planning and Zoning Supervisor
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 050205 - 8b - CUP Excavation - SLP Jr High
Page 3
RESOLUTION NO. 05-066
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO PERMIT THE EXCAVATION OF MORE THAN 400 CUBIC
YARDS OF MATERIAL FOR PROPERTY ZONED R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT LOCATED AT 2025 TEXAS AVENUE SOUTH
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. St. Louis Park Independent School District 283 has made application to the City Council
for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the
purpose of excavation of more than 400 cubic yards of material for the purpose of
reconstructing the parking lot of the St. Louis Park Junior High School within a R-1 Single
Family Residential District located at 2025 Texas Avenue South for the legal description as
follows, to-wit:
Blocks 1 through 5, inclusive, Westwood Hills Second Addition, according to the
recorded plat thereof, and the south 299.00 feet of Lots 4 and 5, Beebe’s Outlots,
according to the recorded plat thereof, except the west 240.00 feet of said Lot 5 which
lies north of the south 274.00 feet of said Lot 5 thereof, all in Hennepin County,
Minnesota (Abstract)
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 05-09-CUP) and the effect of the proposed excavation of more than 400
cubic yards of material on the health, safety and welfare of the occupants of the surrounding
lands, existing and anticipated traffic conditions, the effect on values of properties in the
surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance.
3. The Council has determined that the excavation of more than 400 cubic yards of material
will not be detrimental to the health, safety, or general welfare of the community nor will it
cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding
property values, and the proposed excavation is in harmony with the general purpose and intent
of the Zoning Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 05-09-CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
St. Louis Park City Council Meeting
Item: 050205 - 8b - CUP Excavation - SLP Jr High
Page 4
Conclusion
The Conditional Use Permit to permit the excavation of more than 400 cubic yards of material
at the location described is granted based on the findings set forth above and subject to the
following conditions:
1. The site shall be excavated and developed in accordance with the conditions of this
resolution, the approved Official Exhibits, and the City Code; all documents are
incorporated by reference herein.
2. Prior to any site work, the developer shall meet the following requirements:
a. Stormwater design details must be submitted and approved by the City Engineer.
b. A copy of the Watershed District permit shall be forwarded to the City.
d. Obtain the required erosion control permit and other permits required by the City,
which may impose additional conditions.
e. Any other necessary permits from other agencies shall be obtained.
f. Sign Assent form and official exhibits.
h. Specifications for tree protection and erosion control fencing must be submitted and
approved by the City Forester. Required tree protection and erosion control fencing
must be installed prior to grading activities.
i. All other engineering requirements must be met.
3. The required easement on this site for the Lamplighter Pond project must be signed and
submitted to the City prior to the CUP being issued.
4. The hauling route shall be north on Texas Avenue to Wayzata Boulevard, or in the event
of a conflict with the Texas Avenue construction, south on Texas Avenue to Cedar Lake
Road to Highway 169.
In addition to any other remedies, the developer or owner shall pay an administrative fee
of $750 per violation of any condition of this approval.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the
building or structure for which the conditional use permit is granted is removed.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council , 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 1
8c. Request of Foundation Land LLC and Master Development LLC (St. Louis Park
School District) for a minor amendment to an approved Final PUD for Brookside
School Lofts.
Case Nos. 05-18-PUD
Lots 1-11 and 29-36 Block 10 Suburban Homes Co.’s Addition except highway
The applicant is proposing to decrease the area of the underground garage and change
building materials in the 14-unit condominium building.
Recommended
Action:
Motion to approve resolution approving minor amendment to
Final PUD for Brookside School Lofts
BACKGROUND
On November 15, 2004, the City Council approved a preliminary and final PUD and plat for the
Brookside School site. The proposal is to convert the existing Brookside School building to 27
condominium units with underground parking in the basement level and to construct a new 14-
unit (2-story) condominium building on the site directly south of the existing school building.
The development also includes 5 single-family lots facing Webster Avenue. The applicant is
proposing to sell the single family lots to another builder.
Subsequent to the original approval, the applicant has indicated a need to lower the construction
costs. In order to accomplish this, the applicant is proposing to decrease the area of the
underground parking garage in the new building and modify the exterior materials on the 14-unit
building. Originally the underground parking garage for the 14-unit building was proposed to
extend to the existing school building with an underground connection between the two. The
proposal now is to limit the underground parking garage to the size of the actual building (see
attached exhibits) thereby reducing the number of underground parking spaces by six . Two of
these spaces will be replaced in the school building basement and the other by expanding the at-
grade parking lot east of the school building.
Proposal: 41 residential units (condominiums)
Building Height:
Allowed: 3 Stories or 40 feet
Proposed: Existing school building = About 36 feet
New building = 34 feet (2 stories)
Density (R4):
Allowed: 30 units/acre
Proposed: 23 units/acre
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 2
Condominium Parking:
Required: 70 spaces (Includes an approved 15% reduction)
Proposed:
Underground 49 spaces (56 including 7 tandem)
At grade: 23 spaces
Total proposed: 72 spaces (79 including 7 tandem)
ISSUES:
Ø Do the proposed changes meet the requirements for a minor amendment?
Ø Are the proposed amendments acceptable?
Analysis of Issues:
Ø Do the proposed changes meet the requirements for a minor amendment?
The Zoning Code allows minor amendments to an approved PUD provided that the changes
being proposed do not increase density, increase required parking, or reduce required usable
open space. The proposed minor amendment is consistent with these criteria.
Ø Are the proposed amendments acceptable?
Parking. The applicant is proposing to decrease the size of the underground parking garage for
the 14-unit building. It originally was proposed to extend beyond the building to the north.
Resizing the garage to the building footprint decreases the parking by six spaces. Two of these
spaces will be replaced in the school building basement and the other four will be replaced by
expanding the off-street parking lot on the east side of the school building. On-street parking
will also be allowed on the west side Vernon Avenue.
The proposed plan eliminates the sidewalk along the east parking lot. Staff recommends that this
sidewalk be replaced as a means for pedestrians to access the site from Vernon Avenue.
Building Floor Elevation.
Removing the garage extension also allows the floor elevation of the 14-unit building to be
lowered. This is due to the increased driveway length to accommodate the grade difference
between the street level and garage. Lowering the building also eliminates the need for
retaining walls and accessibility ramps to access the building.
Plaza Area. In the original proposal, a plaza area was proposed over the underground garage that
extended to the north of the 14-unit building. Since the underground garage area is being
reduced, the plaza area is also shrinking in size. The applicant is proposing to replace this area
by creating a roof top patio on the south wing of the school building. This area is at the same
level as the second floor of the building and is accessible from the second floor corridor.
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 3
Building elevations. The proposal is to add more cement stucco to the 14-unit building and
change the roof line from a complex gable to a flat roof. The applicant is proposing to store
storm water on the roof, and a flat roof accommodates this better.
Recommendation:
Staff recommends approval of the attached resolution approving a minor amendment for an
approved PUD for Brookside Lofts subject to conditions.
Attachments:
Ø Resolution approving minor amendment to PUD
Ø Proposed PUD Exhibits
Prepared By: Judie Erickson, Planning Coordinator
952-924-2574 jerickson@stlouispark.org
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 4
RESOLUTION NO.__________
Amends and Restates Resolution No. 04-134
A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-134
ADOPTED ON NOVEMBER 15, 2004 APPROVING A PRELIMINARY AND
FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF
THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR
PROPERTY ZONED R-4 MULTI-FAMILY RESIDENTIAL LOCATED AT
4100 VERNON AVENUE SOUTH AND 4135 WEBSTER AVENUE SOUTH
MINOR AMENDMENT TO ALLOW A DECREASE IN THE AREA OF THE
UNDERGROUND GARAGE AND CHANGE EXTERIOR BUILDING
MATERIALS FOR THE 14-UNIT CONDOMINIUM BUILDING
WHEREAS, Master Development has made application to the City Council for a minor
Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St.
Louis Park Ordinance code to allow a decrease in the area of the underground garage and change
exterior building materials for the 14-unit condominium building at 4100 Vernon Avenue South
and 4135 Webster Avenue South within a R-4 Multi-Family Residential Zoning District having
the following legal description:
Parcel One: Lots 10 and 11, Block 10, Suburban Homes Co.’s Addition, Hennepin
County, Minnesota (Torrens)
Parcel Two: Lot 8, Block 10, Suburban Homes Co.’s Addition, Hennepin County,
Minnesota (Torrens)
Parcel Three: Lots 1, 2, 3, 4, 5, 6, 7, 9, 30, 31, 32, 33, 34, 35 and 36, Block 10, Suburban
Homes Co.’s Addition, Hennepin County, Minnesota; EXCEPT that portion taken by the
State of Minnesota for trunk highway purposes as shown by the Final Certificate
recorded as Document No. 4040269, described as Parcel 12, S.P. 2734, being that portion
of Lots 1, 2, 3, 4, 5 and 6, Block 10, Suburban Homes Co.’s Addition, which lies easterly
of the following described line: Beginning at the southeast corner of said Lot 6; thence
run northwesterly to a point on the north line of said Lot 4, distant 10 feet west of the
northeast corner thereof; thence run northwesterly to a point on the north line of said Lot
2, distant 25 feet west of the northeast corner thereof; thence run westerly on the north
line of said Lot 2 to its intersection with a line run parallel with and distant 60 feet west
of the east line of said Block 10, thence run northerly on said 60 foot parallel line to its
intersection with a line run parallel with and distant 22 feet south of the north line of said
Lot 1, thence run westerly on said 22-foot parallel line to its intersection with a line run
parallel with and distant 70.5 feet west of the east line of said Block 10; thence run
northerly on said 70.5 foot parallel line to the north line of said Lot 1 and there
terminating. (Abstract)
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 5
Parcel Four: Lot 29, Block 10, Suburban Homes Co.’s Addition, Hennepin County,
Minnesota (Abstract)
WHEREAS, the City Council has considered the information related to Planning Case
No. 05-18-PUD and the effect of the proposed minor amendment on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the
effect on values of properties in the surrounding area and the effect of the use on the
Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and
WHEREAS, a Preliminary and Final PUD was approved regarding the subject property
pursuant to Resolution No. 04-134 of the St. Louis Park City Council dated November 15, 2004
which contained conditions applicable to said property; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that Preliminary and Final PUD; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution No. 04-134, to add the amendments now required, and to
consolidate all conditions applicable to the subject property in this resolution; and
WHEREAS, the contents of Planning Case Files 04-52-PUD and 05-18-PUD are hereby
entered into and made part of the public hearing and the record of decision for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 04-134 (document not
filed) is hereby restated and amended by this resolution which continues and amends a Final
Planned Unit Development to the subject property for the purpose of permitting a decrease in the
area of the underground garage and change exterior building materials for the 14-unit
condominium building within the R-4 Multi-Family Residential Zoning District at the location
described above based on the following conditions:
1. The site shall be developed, used and maintained in conformance with the Final PUD
official exhibits.
2. Final PUD approval and development is contingent upon developer meeting all
conditions of final approval including all Minnehaha Creek Watershed District
requirements.
3. There shall be a maximum of 41 condominium units and such development shall include
individual exterior entrances for ground floor units in Building 2 along Vernon Avenue.
4. There shall be a minimum of 60 below-ground residential parking stalls, including
tandem stalls.
5. Front yard, parking and drive aisle modifications are approved as follows:
a. Front yard of 23 feet
b. Drive aisle of 0 feet from existing building
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 6
c. Parking of 10 feet from existing building
6. Prior to signing the Final Plat, the following conditions shall be met:
a. The Environmental Coordinator shall review and find the Landscape Plan plant
species acceptable.
b. A revised plat that increases the drainage easement on Lot 1 to include the area
within the ordinary high water level shall be reflected.
c. Condominium association papers and other Final Plat documents shall be received
and approved by the City Attorney.
d. The applicant shall submit park and trail dedication fees in the amount of
$51,750, if cash in lieu of park dedication is approved by the Park and Recreation
Commission.
e. An easement over all sidewalks proposed on private property along Webster
Avenue and West 41st Street shall be submitted and approved by the City
Attorney.
7. Prior to starting any site work, the following conditions shall be met:
a. The Planning and EDA Redevelopment Contracts shall be signed that address, at
a minimum, construction staging/routes/hours/duration, required completion of
improvements prior to occupancy, allowable administrative amendments,
prevention of garage space sales to non-residents, and consistency between
documents as required by the City Attorney.
b. A copy of permit from Minnehaha Creek Watershed District must be provided.
c. An erosion control permit must be secured from the City.
8. Prior to issuance of any building permits, which may impose additional conditions, the
following conditions shall be met:
a. Evidence of filing the final plat shall be submitted.
b. Evidence of filing easements over all sidewalks proposed on private property
along Webster Avenue and West 41st Street shall be submitted.
c. Color samples of all materials, shall be submitted and approved by the Zoning
Administrator.
d. An Irrigation Plan shall be submitted and approved by the Zoning Administrator.
e. A Lighting Plan, including light fixture details shall be submitted and approved
by the Zoning Administrator.
9. The developer shall comply with the following conditions during construction:
a. All City noise ordinances shall be complied with.
b. The hours of construction shall be limited as follows: All outdoor activity and
loud equipment operation shall be limited to the hours between 7:00 am and 5:00
pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take
place on weekends. Indoor construction activity that does not involve loud
equipment shall be limited to the hours between 7:00 am and 10:00 pm on
weekdays and 9:00 am and 10:00 pm on weekends and holidays.
c. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
St. Louis Park City Council Meeting
Item: 050205 - 8c - Minor amendment to Brookside Lofts PUD
Page 7
e. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
10. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution
of a development agreement as a condition of approval of the Final P.U.D. The
development agreement shall address those issues which the City Council deems
appropriate and necessary. The Mayor and City Manager are authorized to execute the
development agreement.
11. The Planned Unit Development shall be amended on May 2, 2005 to incorporate all of
the preceding conditions and add the following conditions:
a. The Final PUD exhibits Site Plan (required to be modified to show a sidewalk
along the east parking lot), Landscape Plan, Utility Plan, Grading and Erosion
Control Plan, Parking Level Plan (School Building), Garage Plan (14-Unit
Building), 14-Unit Building Elevations are modified.
b. The Site Plan shall be modified to include a sidewalk along the west side of the
east parking lot.
c. The minimum number of below-ground residential parking stalls, including
tandem stalls, may be reduced from 60 to 56.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750
per violation of any condition of this approval.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of building permit.
Approval of a Building Permit, which may impose additional requirements.
Adopted by the City Council May 2, 2005
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Reviewed for Administration:
_______________________________
City Manager
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
Page 1
8d. Request of Minnetonka Boulevard Investments LLC for a Conditional Use
Permit to allow a drive-through (In-Vehicle Sales or Service) for a coffee shop at
the former Citizens Independent Bank building at 4201 Minnetonka Boulevard.
A secondary request is to terminate the existing special permit on the property.
Case Nos. 05-07-CUP
Recommended
Action:
Motion to approve resolution granting a conditional use permit
with conditions to allow a drive-through (In-Vehicle Sales or
Service) in conjunction with a coffee shop and terminating the
existing special permit approved by Resolution 88-199.
Site Data:
Comprehensive Plan Designation Commercial
Zoning C2 – General Commercial
Site Area 30,905 square feet
Building Area 4,232 square feet
1st Floor 2,076 square feet
Basement 2,156 square feet
Existing Use Bank with drive-through
Proposed Use Restaurant without Liquor (coffee shop) with
In-vehicle sales or service (drive-through)
Parking Required 30 spaces
Parking Proposed 20 spaces on site
13 spaces on-street
9 proof-of-parking spaces on site
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
Page 2
Background:
The applicant is under contract to purchase the building formerly occupied by the Citizens
Independent Bank at 4201 Minnetonka Boulevard. The applicant is proposing to convert the
building into a restaurant without liquor (coffee shop) with in-vehicle sales or service (drive-
through). In-vehicle sales or service requires a conditional use permit. A restaurant without
liquor is a “permitted with conditions” use.
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
Page 3
The applicant is also seeking to terminate an active special permit for the bank originally adopted
in 1978 and amended in 1988 (Resolution 88-199).
The site is located just west of where Minnetonka Boulevard merges with CSAH 25 (formerly
Highway 7) and has access from both major roadways. Apartment buildings are located on the
west side of Joppa Avenue and commercial uses on the east side of Joppa and north side of
Minnetonka Boulevard.
The Planning Commission held a public hearing and recommended approval of the request with
conditions on April 6, 2005. The applicant has modified the site plan to comply with Planning
Commission recommendations.
Issues:
§ Does the proposal meet the requirements for a Conditional Use Permit?
§ Does the proposal meet all zoning code requirements?
§ What are the traffic impacts of the proposal?
Issue Analysis:
§ Does the proposal meet the requirements for a Conditional Use Permit?
The applicant is proposing to reuse the existing brick building without significant interior or
exterior changes. The number of existing drive-through service points will be reduced to one,
and trash storage is proposed to be moved under the existing canopy with an enclosure
constructed around it (see plan). Some site changes are being proposed, including changing the
curb and increasing the landscaped area along the south side of the building to meet bufferyard
and stormwater requirements, adding an outdoor deck on the east side of the existing building,
and adding on-street parking spaces.
The existing building meets the required setbacks of the C2 district. The property does have an
approved special permit (Resolution 88-199). The applicant is proposing to terminate the
existing special permit and is applying for a conditional use permit under the current zoning
code.
A restaurant without liquor is permitted with conditions in the C2 zoning district. The proposed
in-vehicle sales or service use does require a conditional use permit.
• Does the proposal meet all zoning code requirements?
Parking. The parking requirement for a restaurant without liquor is one space for each 60 square
feet of gross floor area less 15% in allowable reductions for transit and bicycle parking. The
applicant has stated that the basement of the building will only be used for storage and therefore
will not generate a parking requirement. The gross square footage of the first floor is 2,076
square feet. This translates to 30 parking spaces. The site plan indicates that 20 spaces are being
provided on-site with an additional 13 spaces on the street (CSAH service road and Inglewood).
The zoning code allows on-street parking to be utilized to meet the total parking requirement
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
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under certain conditions including the condition that a sidewalk exists along all sides of the lot
which abut a public street. The applicant is proposing to construct sidewalks along the CSAH 25
service road and along Inglewood Avenue as well as a sidewalk connection between the service
road and the front door of the use. At the request of the Planning Commission, the applicant is
also showing 9 proof-of-parking spaces on site, in the event that on-street parking is removed
from the service road at some future time.
Tree Replacement. The applicant has provided a survey that indicates the size and location of
existing trees and has indicated which trees will be removed to accommodate improvements to
the site. The zoning code provides different standards for replacement depending whether the
tree to be removed is located on public or private property. In this case no tree replacement is
required for on-site tree removal, but there will be a caliper inch per caliper inch replacement
requirement for tree removal in the public right of way. The revised landscape plan shows that
the applicant is meeting the replacement requirement.
Landscaping and bufferyards. The zoning code requirements for bufferyards are as follows:
o Joppa Avenue Bufferyard C
o Minnetonka Boulevard Bufferyard B
o Inglewood Avenue Bufferyard B
o CSAH 25 service road Bufferyard D adjacent to drive-through
Bufferyard B along remaining
The existing vegetation meets the bufferyard requirements along Joppa Avenue, Minnetonka
Boulevard, and Inglewood Avenue. The revised landscape plan shows that the required
Bufferyard D will be met along the CSAH 25 service road.
Sidewalks. Section 36-192 of the zoning code requires that sidewalks at least five feet in width
be provided along all sides of a lot that abut a public street and that separate pedestrian access is
provided between the street and the principal building. The proposed plan indicates that this
requirement is being met. A portion of the required sidewalk is located on private property. The
City will require that easements are granted to the City for sidewalks located on private
property.
Stormwater. The applicant will be required to meet the City’s stormwater requirements. Site
drainage is currently provided by catch basins located in public right of way. The grading plan
indicates that a portion of drainage from the west parking lot will be diverted to a rain garden
south of the vehicle stacking lane. The plan also shows a new deck on the east side of the
building that will add impervious surface. Public Works has reviewed the revised grading plans
and stormwater calculations, and has indicated that the applicant is meeting the City’s
requirements.
Trash Enclosure. The zoning code requires that any outside trash receptacles be enclosed with a
screening wall of the same material of the building. There are other requirements for trash that
are found in various City and State Health Department ordinances. The applicant is proposing
to build a screened enclosure for trash under the canopy that will have a sanitary sewer drain and
hot water so that the area will be kept clean and sanitary.
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
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§ What are the traffic impacts of the proposal?
Section 36-194 (d)(11) of the code states that a drive-through use “shall only be permitted when
it can be demonstrated that the operation will not have a significant adverse affect on the existing
level of service on adjacent streets and intersections.” A traffic study has been completed by
SRF Consulting and has found that levels of service will not change on the existing intersections.
The study found an increase in trips from southbound Joppa to CSAH 25 would be generated and
that the number of left turn movements from westbound Minnetonka Boulevard to southbound
Joppa Avenue will increase during a.m. peak hour increasing the risk of rear-end crashes. Both
CSAH 25 and Minnetonka Boulevard are county roads. If Hennepin County DOT finds that a
problem exists, a “no left turn” sign could be installed forcing left turn movements to the signal
at Inglewood and Minnetonka.
The Planning Commission expressed concern that if the use was converted to a fast food
restaurant that both a parking problem and a traffic problem could result. A condition has been
added to the resolution that would require an amendment to the conditional use permit for any
reuse of the property where food preparation occurs on site.
Recommendation:
Staff and the Planning Commission recommend approval the resolution granting the conditional
use permit.
Attachments: Resolution
Site development plans
Traffic study
Prepared by: Judie Erickson, Planning Coordinator
952-924-2574 or email: jerickson@stlouispark.org
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
Page 6
RESOLUTION NO. 05-067
A RESOLUTION TERMINATING EXISTING SPECIAL PERMIT GRANTED BY
RESOLUTION NO. 88-199 ON DECEMBER 19, 1988 AND GRANTING
CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(11) OF THE
ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN
IN-VEHICLE SALES AND SERVICE USE FOR PROPERTY ZONED C-2
GENERAL COMMERCIAL DISTRICT LOCATED AT
4201 MINNETONKA BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Minnetonka Boulevard Investments, LLC has made application to the City Council for a
Conditional Use Permit under Section 36-194(d)(11) of the St. Louis Park Ordinance Code for
the purpose of allowing an in-vehicle sales and service use associated with a restaurant without
liquor (coffee shop) within a C-2 General Commercial District located at 4201 Minnetonka
Boulevard for the legal description as follows, to-wit:
All of Lots 2 and 3, Block 1;
All of the East ½ of the vacated alley adjoining said Lot 3, Block 1;
That part of Lot 1, said Block 1 lying Northwesterly of the following described
Line A, subject to an easement for highway purposes as described in Document
No. 2021414;
That part of Lot 4, said Block 1 and Lot 4, Block 2 lying Northwesterly of said
Line A;
All of the South ½ of the vacated alley adjoining said Lot 4, Block 2;
That part of the vacated alley lying South of said Lots 1, 2 and 3, Block 1, lying
North of said Lot 4, Block 1, lying East of the Northerly extension of the East line
of said Lot 4, Block 2 and lying Westerly of said Line A;
That part of the vacated alley lying East of said Lot 4, Block 2, lying West of said
Lot 4, Block 1, lying South of the Easterly extension of the North line of said Lot
4, Block 2 and lying Northerly of said Line A;
All in Manhattan Park First Addition to St. Louis Park according to the plat
thereof on file and of record in the office of the County Recorder in and for
Hennepin County, Minnesota;
Subject to easements and restrictions of record, if any.
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
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Line A:
A line run parallel with and distant 70 feet Northwesterly of the following
described line: From a point on the Westerly boundary of Lot 2, Mazey and
Langan’s Addition to St. Louis Park, distant 40.3 feet Northerly of the Southwest
corner thereof; run Northwesterly at an angle of 78 degrees 27 minutes with said
Westerly boundary for a distance of 42.9 feet; thence deflect to the left at an angle
of 13 degrees 06 minutes for a distance of 1177.7 feet; thence deflect to the left at
an angle of 90 degrees 00 minutes for a distance of 20 feet to the point of
beginning of a line to be described; thence deflect to the right at an angle of 89
degrees 27 minutes for a distance of 1050 feet and there terminating. Abstract
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 05-07-CUP) and the effect of the proposed in-vehicle sales and service
use on the health, safety and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, the effect on values of properties in the surrounding area, the
effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning
Ordinance.
3. The Council has determined that the in-vehicle sales and service use will not be
detrimental to the health, safety, or general welfare of the community nor will it cause serious
traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and
the proposed in-vehicle sales and service use is in harmony with the general purpose and intent
of the Zoning Ordinance and the Comprehensive Plan.
4. A Special Permit was issued regarding the subject property pursuant to Resolution No. 88-
199 of the St. Louis Park City Council dated December 18, 1988 which contained conditions
applicable to said property. Due to changed circumstances Minnetonka Boulevard
Investments LLC has requested termination of said special permit.
5. The contents of Planning Case Files 88-106-SP and 05-07-CUP are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
Resolution No. 88-199 is hereby terminated and the Conditional Use Permit to permit in-
vehicle sales and service use at the location described is granted based on the findings set forth
above and subject to the following conditions:
1. The site shall be developed, used and maintained in accordance with Exhibits A (Site
Plan), B (Trash Room Enclosure Plan), C. Grading and Erosion Control Plan, and D
(Landscape Plan); such documents incorporated by reference herein.
2. Prior to any site work the following is required.
a. An erosion permit is obtained from the City.
b. A Minnehaha Creek Watershed District permit is obtained (if required).
c. An irrigation plan.
St. Louis Park City Council Meeting
050205 - 8d - CUP Coffee Shop 4201 Mtka Blvd
Page 8
3. A parking lot lighting plan is submitted and approved prior to issuance of any building
permits.
4. The basement of the building shall only be used for storage related to the restaurant.
5. Any reuse of the property that has on-site food preparation will require an amendment to
the conditional use permit and additional traffic study prior to approval.
6. Prior receiving a certificate of occupancy, easements shall be provided to the city over
the portion of sidewalk along the CSAH 25 service road that is not located within the
public right of way.
In addition to any other remedies, the developer or owner shall pay an administrative fee
of $750 per violation of any condition of this approval.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the
building or structure for which the conditional use permit is granted is removed.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
Approval of a Building Permit, which may impose additional requirements.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council May 2, 2005
City Manager Mayor
Attest:
City Clerk