HomeMy WebLinkAbout2004/03/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
March 1, 2004
7:30 p.m.
7:25 p.m. – Economic Development Authority
Study Session to Follow Immediately After Regular Meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of February 17, 2004 Document
b. City Council Study Session Minutes of February 17, 2004 Document
c. Joint City Council/School Board Minutes of February 9, 2004 Document
d. City Council Study Session of December 8, 2004 Document
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to move items
from consent calendar to regular agenda for discussion and to approve those items
remaining on the consent calendar).
5. Boards and Commissions
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2004 Community Development Block
Grant Funds Document
Resolution approving the proposed use of $240,406 of 2004 Urban Hennepin County
CDBF Funds, reallocation of 2002 funds, and authorizing execution of Subrecipient
Agreement with Hennepin County and any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving proposed use of funds for 2004 Urban
Hennepin County Community Development Block Grant funds,
reallocation of 2002 funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related
Third Party Agreements
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Request of TOLD Development Company for a Major Amendment to the
Park Commons East Planned Unit Development to convert four two-story
units to eight one-story units thereby increasing the number of units for Phase
NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand
Way. Document
Case Nos. 04-03-PUD
Lot 1, Block 1, Park Commons East 2nd Addition.
Recommended
Action:
Motion to adopt a resolution approving the Major Amendment to
the Park Commons East PUD granting Final PUD approval for
Phase NE (Excelsior & Grand Phase II) subject to conditions
included in the resolution and authorize the Mayor and City
Manager to execute amendments to the Planning Contract.
8b. Confirmation of Appointment of Nancy Gohman as Deputy City Manager
Document
Recommended
Action:
Motion to adopt resolution confirming the appointment of Nancy
Gohman as Deputy City Manager effective March 1, 2004
8c. Resolution approving Local 49 Union agreement for 1/1/2004 - 12/31/2005
Document
Approval of 2-year agreement with Local 49 Maintenance settling the City and
Union for 2004 & 2005.
Recommended
Action:
Motion to adopt a resolution approving a Labor Agreement
between the City and International Union of Operating Engineers
(IUOE), Local 49 AFL-CIO, establishing terms and conditions
of employment for two years: 1/1/04 – 12/31/05.
8d. Phase II Dispatch Consolidation Study Document
Recommended
Action:
Motion to approve entering into a contract for professional services
with PSC Alliance for the Phase II Dispatch Consolidation Study
contingent upon receipt of written commitments from the three
other participating communities.
8e. Refunding of 1996 General Obligation Tax Increment Bonds Document
This action will award the sale of $7,530,000 General Obligation Tax Increment
Bonds. The proceeds of the bond sale will be placed in escrow until February 1,
2005. At that time they will be used to payoff the 1996 General Obligation Tax
Increment Bonds.
Recommended
Action:
Motion to approve resolution sale of refunding bonds and
approve refunding escrow agreement.
8f. City Engineer’s Report: 2004 Sidewalk Improvement Project, City Project
No. 04-02 Document
This report considers the construction of various sections of new sidewalk in
accordance with the city’s sidewalk, trails, and bikeway plan
Recommended
Action:
Motion to adopt the attached resolution to accept this report,
establish the improvement project, and direct staff to sponsor
informational meetings with affected property owners, for
construction of various sections of concrete sidewalk.
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 MARCH 1, 2004
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 accept a portion of the Excelsior and Grand Phase One Public Improvements
Document
4b Encroachment Agreement 3501 Louisiana Ave S
4c Motion to approve Resolution authorizing Renewal of Gambling Premises Permit for St.
Louis Park Hockey Boosters Association operating at Bunny’s Bar and Grill, 5916
Excelsior Blvd. Document
4d Motion to adopt the attached Resolution to approve St. Louis Park Lions Club’s
application for the placement of 14 temporary signs in the public right-of-way. Document
4e Motion to approve a 6 month extension of Shelard Homes (Lurie Apartments)
Conditional Use Permit until September 3, 2004. Document
4f Motion to adopt a resolution requesting reimbursement for Capital Improvement Projects
from the anticipated 2006 General Obligation Bond issue Document
4g Motion to designate A Topnotch Treecare Service, Inc. as the lowest responsible bidder
and authorize execution of a contract for the 2004 Boulevard Tree and Stump Removal
Program in an amount not to exceed $60,337.12 Document
4h Motion to designate Emery’s Tree Service, Inc. as the lowest responsible bidder, and
authorize execution of a contract for the 2004 private diseased tree removal program in
an amount not to exceed $155,400 Document
4i Motion to designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to
authorize execution of a contract for the 2004 Arbotect 20-S Elm injection program at a
cost of $9.50 per diameter inch Document
4j Motion to accept for filing Planning Commission Minutes of February 4, 2004 Document
4k Motion to accept for filing Planning Commission Study Session Minutes of February 4,
2004 Document
4l Motion to accept for filing Telecommunications Advisory Commission Minutes of
December 4, 2003 Document
4m Motion to accept for filing Human Rights Commission Minutes of January 21, 2004
Document
4n Motion to accept for filing Vendor Claims (Supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
MARCH 1, 2004
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual
reports by inclusion of the word “Supplement”.
St. Louis Park City Council Meeting
030104 - 3a - City Council Minutes of 2-17-04
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UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
February 17, 2004
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick and Mayor
Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Public Works Director (Mr. Rardin), Utilities
Superintendent (Mr. Anderson), City Engineer (Ms. Hagen), Planning Coordinator (Ms. Erickson),
Engineering Program Coordinator (Ms. Adler), and Recording Secretary (Ms. Olson).
2. Presentations – None
3. Approval of Minutes
3a. City Council Minutes of February 2, 2004
The minutes were accepted as presented.
3b. Study Session Minutes of February 2, 2004
From Councilmember Velick: Item 2, Page 4, 2nd paragraph, Line 5, change what makes a worthy
TIF project to what makes this project a worthy TIF project.
From Councilmember Sanger: Page 3, Paragraph 4, deletion of Results from the discussions are
as follows as well as the following columns.
A motion was made to accept the changes to the study session minutes of February 2, 2004.
The motion passed 6-0.
3c. Study Session Minutes of January 26, 2004
From Councilmember Velick: Page 3, 1st Paragraph, change Talmud Torah to Wayside House.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Approve Resolution No. 04-027 for renewal of the 2004 liquor licenses listed on the
resolution contingent upon receipt of all appropriate documentation.
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4b Adopt Resolution No. 04-028 supporting an application for state funding of a City project for
the construction of local trail connections to the regional trail system
4c Accept Vendor Claims for filing (Supplement)
4d Accept for filing the Human Rights Commission Minute of December 17, 2004
4e Accept for filing the Planning Commission Minutes of January 21, 2004
4f Accept for filing the Housing Authority Minutes of January 14, 2004
It was motioned by Councilmember Velick, seconded by Councilmember Sanger, to approve the
agenda and the items listed on the consent calendar.
The motion passed 6-0.
5. Boards and Commissions – None
6. Public Hearings – None
7. Requests, Petitions, and Communication from the Public – None
8. Resolution, Ordinances, Motions
8a. First Reading of an ordinance authorizing the sale of City real property to Excelsior
& Grand II, LLC.
Mr. Harmening reported that when land was being conveyed to Excelsior and Grand, LLC for
Phase II of the project, it was discovered that a small portion of property was still owned by the
City. The ordinance will correct the omission from the previous conveyance.
It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to approve first
reading of an ordinance authorizing the sale of City real property to Excelsior & Grand II, LLC
and set second reading for March 15, 2004.
The motion passed 6-0.
8b. Resolution Approving the Residential Street Maintenance and Rehabilitation
Program. Resolution No. 04-026
Ms. Hagen gave an overview of the program stating that maintenance is similar to house repairs
where both superficial and structural maintenance needs occur. The program attempts to be
proactive as the streets are currently in good condition. She stated that there is currently 153 miles
of streets and the average condition is 69.6 on a scale of 100 points. The streets had been built in
the 1960’s to early 80’s.
Ms. Hagen stated that by applying maintenance at the right time, you create a longer life for the
street. She stated that the program is a best first program. She explained that the plan calls for
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maintaining the best streets first to prolong their life while streets in poor condition deteriorate to
the point of reconstruction. She stated that the city has been separated into eight areas so there
would be a revolving cycle of maintenance. Ms. Hagen explained that the areas are defined by
neighborhood lines so that communication with the neighborhoods could easily be handled and the
disruption of street maintenance would be isolated into one area of the city. She stated that they
would also coordinate private and public utility repairs for the same time maintenance was being
conducted.
Ms. Hagen went on to say that unimproved streets would not be constructed using this process, but
would go through the special assessment process. She stated that funding would come from the
utility funds and franchise fees.
Councilmember Omodt asked how the rating of the streets compared with other communities.
Ms. Hagen stated that most communities are at the same level currently and aimed toward
maintaining that level. Councilmember Omodt then inquired who would initiate the special
assessment process for unimproved streets and Ms. Hagen replied that it is left to the homeowner
to initiate the process.
Councilmember Velick asked for clarification on maps. Ms. Hagen replied that the maps show
when seal coating and pavement repairs for the first area are to be implemented.
Councilmember Finkelstein inquired if they could require the contractors to work with residents
on their driveways at the same time as the streets are done. Ms. Hagen replied that some
contractors may be willing to work with the residents depending on their work load, others may
not.
Councilmember Sanger inquired when the neighborhoods will be contacted and Ms. Hagen replied
that it would be late summer. She added that they were aiming to give each area approximately
one year’s notice.
It was motioned by Councilmember Sanger, seconded by Councilmember Velick, to approve the
Resolution No. 04-026 adopting the City’s Residential Street Maintenance and Rehabilitation
Program.
The motion passed 6-0.
8c. First Reading of the proposed Ordinance Code for the Stormwater Ordinance
Mr. Anderson gave a brief review of the amendments to the Clean Water Act. He reported that
one of newest amendments requires the establishment of a stormwater ordinance. He stated that
staff had met from various departments and decided to combine all ordinances regarding
stormwater into one ordinance that addresses those issues.
Councilmember Finkelstein inquired if additions or garages would require residents to go through
the city permitting process and Mr. Anderson replied that it would not but residents may have to
pull a watershed permit depending on the amount of earth moved.
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Councilmember Sanger had concerns about removing the requirements for the CUP process. Ms.
Erickson stated that the only deletions were in regard to erosion control. She stated that this issue
would be brought back to the Planning Commission first and will then move on to Council.
It was motioned by Councilmember Santa, seconded by Councilmember Omodt, to approve first
reading of the proposed ordinance code for the stormwater ordinance and set the second reading
for March 15, 2004.
The motion passed 6-0.
8d. First Reading of Zoning Text amendment to delete Section 36-80 Erosion Control
Ms. Erickson explained that the item was brought before the Council because the requirements for
Zoning Code amendments are a little different than others. She stated the amendments are to
delete only Section 36-80 relating to erosion control from the ordinance code. Ms. Erickson
reported that the item had gone to the Planning Commission and they recommended approval.
It was motioned by Councilmember Sanger, seconded by Councilmember Velick, to approve first
reading of the ordinance amending Chapter 36 of the Municipal Code to delete Section 36-80
Erosion Control subject to adoption of the stormwater ordinance and set second reading for
March 15th, 2004.
The motion passed 6-0.
9. Communications
Mr. Harmening reminded Council and the public of the upcoming Home Remodeling Fair. He reported
that it is a joint effort put out by Golden Valley, Hopkins, St. Louis Park, and Minnetonka. He stated that
the program is completely self-sufficient.
Mayor Jacobs expressed his condolences to Councilmember Basill on the recent passing of his mother-in-
law.
Councilmember Velick reported that an article on the Excelsior & Grand project was on the front page of
USA Today. Mayor Jacobs added that there was also an article in the Star Tribune over the weekend.
10. Adjournment
The meeting was adjourned at 8:05 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
030104 - 3b - Study Session Minutes of Feb. 17, 2004
Page 1 of 2
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
Minutes of February 17, 2004
The meeting convened at 8:10 p.m.
Present at the meeting were Councilmembers Phil Finkelstein, Paul Omodt, Susan Sanger, Sue
Santa, Sally Velick and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Planning Coordinator (Ms. Erickson), and
Recording Secretary (Ms. Olson).
1. Usable Open Space
Mr. Harmening reported that there are two areas of concern that deal with single family usable
space and higher quality multi-family open space. He stated that it was a timely discussion as
they look at accommodating expansion on single family lots as part of the housing summit
process.
Ms. Erickson gave a presentation and presented three goals staff has been trying to accomplish.
She stated that staff would like to redefine open space and make it easier to interpret and bring
quality housing to the city. She went on to explain the two terms that would replace the term
open space. The first is Designed Outdoor Recreational Area (DORA) that applies to multi-
family housing and is suited to the needs of the residents and/or employees. The second is Open
Lot Area that applies to the back yard of single family lots. She mentioned that the term rear
yard that had been previously used has been changed to the definition of back yard.
Ms. Erickson then presented a table that explained the changes in the square footage of open lot
space.
Councilmember Sanger had concerns regarding ponds designated only for stormwater retention.
Councilmember Velick suggested adding language that outdoor recreational space be suited only
for the residents and/or employees. Ms. Erickson stated that they were heading towards a more
inclusive and community oriented intent. Councilmember Finkelstein and Mayor Jacobs felt that
they needed to encourage community interaction.
Councilmember Finkelstein had concerns with the definition of steep slopes and how to interpret
what would be classified as steep. Councilmember Santa stated that the dictionary definition
states that steep is ‘not easily climbable’. Councilmember Sanger felt that they had to trust in
staff to interpret the definition of the code. Councilmember Finkelstein agreed.
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030104 - 3b - Study Session Minutes of Feb. 17, 2004
Page 2 of 2
Ms. Erickson suggested inserting a ratio to define steep and felt they could define a number.
Mayor Jacobs didn’t feel that it was necessary to define a number but wanted to raise the issue
that it is up to staff to define what is classified as steep.
Councilmember Sanger would like to add a conceptual statement on what DORA (Designed
Outdoor Recreational Area) is intended for.
Mr. Harmening stated that there is similar subjective text in the zoning code.
Councilmember Velick inquired if these changes make the process easier, more consistent, or
more difficult. She felt that it would be more difficult for developers to understand the
ordinance. Mr. Harmening felt that it may be more difficult to meet the new standards but they
were raising the bar on the quality level of land usage. Mayor Jacobs felt that the changes forced
higher quality developments.
Council discussed several other developments throughout the city, including the Quadion site,
and the result of the open space requirements.
Councilmember Sanger had concerns about bigger lots being subdivided. Mayor Jacobs felt
these changes create a better opportunity for move-up housing. Councilmember Sanger
expressed her concerns about the need of the property owner versus the collective neighborhood.
Councilmember Sanger felt that the 600 square foot requirement should be maintained and then
revisit the issue after a period of time.
Mr. Harmening stated that the principle building can only occupy of 30% of the lot area and
there are setback requirements.
Councilmember Velick stated that she had received calls from concerned constituents regarding
this issue. Both Councilmembers Velick and Finkelstein agreed with Councilmember Sanger’s
earlier suggestion.
Council discussed maintaining consistency in the character of the neighborhoods. Mayor Jacobs
felt that the proposed changes allowed for move up housing.
Mayor Jacobs inquired if the council agreed to move in incremental steps by maintaining the 600
square foot requirement in R1 districts but move forward with the back yard definition. Council
discussed and agreed to move forward in that manner.
2. Adjournment
The meeting was adjourned at 9:03 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
030104 - 3c - Joint School Board and Council Minutes 2-9-04
Page 1 of 4
Unofficial Minutes
Joint City Council / School Board Meeting
City Hall, City Council Chambers
February 9, 2004
A reception welcoming school board members commenced at 7:00 p.m. with the business
meeting being convened at 7:30 p.m.
Councilmembers present: John Basill, Phillip Finkelstein, Paul Omodt, Sue Santa, Susan Sanger,
Sally Velick, and Mayor Jeff Jacobs.
School Board members present: Keith Broady, Rolf Peterson, Nancy Gores, Jim Yarosh, Jerry
Timian, Julie Sweitzer, Bruce Richardson.
City Staff present: City Manager (Mr. Harmening), City Clerk (Ms. Reichert)
School District staff present: Interim Superintendent (Mr. Walker); Community Education
Director (Ms. Severaid)
Mayor Jacobs again welcomed school board members and thanked them for their attendance.
Mayor Jacobs stated the desired meeting outcomes which were: information sharing, enhancing
the relationship between School District and the City; and, strengthening the Partnership of the
School District and the City. He also referred to the agenda for the evening.
1. Budget Deficit – School
Chair Broady outlined some of the budget problems facing the district and informed persons
present of how progress was being made to address the significant funding decreases
experienced by the district. A combination of program cuts, reductions in facility costs and staff
reductions are being implemented to address the problem. Boardmember Timian also pointed
out that despite the decreases in funding, the district continues to offer quality programs and
services and continues to attract good students to St. Louis Park.
2. City Budget
Mr. Harmening presented an overview of steps that had been taken by the city in dealing with
funding reductions. Like the schools, a combination of program cuts and staff reductions were
implemented. In addition, the city was able to tap into a new revenue source through the
implementation of franchise fees and was spending down fund reserves.
3. Facilities
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030104 - 3c - Joint School Board and Council Minutes 2-9-04
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Brookside – Boardmember Yarosh gave a brief overview of the history of the Brookside
building, including information about the current purchase offer being considered.
Councilmember Basill commented on neighborhood involvement stating that there was some
general support for the proposal, but density was an issue of concern to many of the neighbors.
Mr. Harmening stated that the city had not yet received any plans for review from the developer.
Lenox – Ms. Severaid informed the group that the district is covering all of the operating costs of
the Lenox building which houses the SLP Senior Program. The city does contribute funds to the
Community Ed programs, but that contribution cannot be used for operating costs such as facility
staff and utilities.
She stated that there is some legislative authority for the school to seek funding for operating
costs, but only at buildings which the district does not own. She suggested the city partner with
the schools in exploring options for taking advantage of that levy authority.
Eliot - Improvements need to be made to the Eliot building in order to preserve their primary
tenant, District 287. The district is working with Ehlers and Associates to seek funding which
may require participation from a 3rd party. The city may want to consider participating.
Councilmember Velick said she was receiving questions from residents in the area regarding
timing of any work that may be done at the site.
Mr. Walker asked what kind of timeline worked best in dealing with public process.
Councilmember Santa responded that the public process should begin right away and that it was
the city’s practice to begin communications with all interested parties as soon as rumors started.
Mayor Jacobs followed up by saying he felt it was acceptable to begin informing the public by
saying “we don’t know” and that even that was more palatable to interested parties than no
communications at all. Mr. Harmening offered to work with Mr. Walker on a process that
would involve both the city and the district.
4. STEP
Mr. Harmening informed the group of steps taken so far to find a new office space for STEP.
Some options available to the organization were to accept an offer of free space at the former
Luggage World location, or a lease to own option near the space currently occupied by the
Emergency Food Shelf. Ms. Severaid stated that the STEP offices will remain at the Brookside
location until such time as they are required to leave by the new owners. STEP continues to
work on identifying funding sources.
5. School Foundation
Boardmember Timian reported that the foundation was entering their second year and was quite
satisfied with the performance of the foundation at this time.
6. Children First
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030104 - 3c - Joint School Board and Council Minutes 2-9-04
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Mr. Harming stated that Children First is still very successful in the community and that the
board is working to identify dedicated funding sources. Two sources that had been relied on
heavily in the past were not longer available.
7. Superintendent Search Process
Boardmember Sweitzer reported that they are working to identify a professional search firm and
were hoping to have a new superintendent in place sometime during the summer of 2004. Chair
Broady stated that the board hoped to involve members of the public and other interested parties
in the process in the beginning, when needs are identified and again at the end when finalists are
identified. He was concerned about privacy issues for applicants, but wanted input from others
regarding the new Superintendent.
8. Youth/Senior Summits
Mayor Jacobs was very pleased with participation in last years’ summits and was hoping for
even more successful events in 2004. The youth summit is scheduled for April 29th and the
senior summit is scheduled for June 30th (note: date has been confirmed). Mayor Jacobs invited
all school board and city council members to attend the summits.
9. School District Levy
Boardmember Richardson stated that the referendum was extremely important in that the coming
referendum was a renewal of referendums adopted by the voters in years past. School board
members were working with Bill Morris of Decision Resources as an advisor. The choice facing
the district was whether to place their questions on the ballot at the presidential election of 2004,
or to wait until the local election of 2005.
Ms. Reichert stated that the projected voter turnout at the 2004 election was 70%, while the
projected turnout at the next local election was about 15%. During budget cut talks, the council
had considered combining local elections with federal and state elections and eliminating the
odd-year local elections entirely. They chose to continue odd-year, local elections however, due
to the reality that the odd-year elections produce a smaller, but better informed voter pool.
Councilmember Sanger suggested that the city and school board work together to educate voters
on budget issues facing both entities. She felt that Councilmembers could be of great assistance
in helping to educate voters about the need to pass the referendum.
10. Development Project Update
Mr. Harmening gave a report on commercial and housing development in the city saying that
development was continuing at a brisk pace. Boardmember Timian asked if any conclusions had
been drawn from the Housing Summit process currently underway. Mr. Harmening responded
that the Housing Summit group was considering many issues related to housing, and that no firm
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030104 - 3c - Joint School Board and Council Minutes 2-9-04
Page 4 of 4
conclusions had yet been drawn from the study. He also stated that St. Louis Park was well on
its way to meeting Met Council housing goals set for our city.
11. Next Meeting
Mayor Jacobs suggested the two boards meet again to continue discussions. He felt that both
groups could be more effective if communication lines remain open. Items suggested for a
possible future agenda were suggested by members present. Topics suggested were:
* Referendum
* Restoration of Community Education and ECFE Funding
* Vision SLP
* Public Process and Involvement
Chair Broady suggested that summer, after a new school superintendent is in place, may be a
good time for a next meeting of the two groups.
12. Adjournment
The meeting adjourned at 9:45 p.m.
St. Louis Park City Council Meeting
030104 - 3d - Study Session Minutes of 12-8-04
Page 1 of 4
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
Minutes of December 8, 2003
The meeting convened at 7:06 p.m.
Present at the meeting were Councilmembers John Basill, Jim Brimeyer, Paul Omodt, Susan Sanger,
Sue Santa, Sally Velick, and Mayor Jeff Jacobs.
Staff present: Human Resources Director (Ms. Gohman); Economic Development Coordinator (Mr.
Hunt); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator (Ms. Erickson); and
Recording Secretary (Ms. Samson).
Mr. Harmening, Community Development Director/Acting City Manager, joined the Study Session
after the discussion regarding the City Manager Interview Process.
Others present: Ron Mehl, Stonebridge Development & Acquisition, LLC; Mr. Anderson from
Anderson Builders; Bill Greg, consultant from ENSR; and Stephen Bubul, EDA Counsel from
Kennedy & Graven. Mr. Bubul arrived at 9:43 p.m.
1. City Manager Interview Process
Ms. Gohman reported that the City Manager Profile has been completed, and she distributed copies to
the Council. Councilmembers also received a copy of Minnesota Statute 43A regarding salary caps.
Ms. Gohman provided guidance on how the Council might want to proceed with the interview process
to interview Mr. Harmening for the City Manager position. Ms. Gohman offered that Mr. Harmening
could be interviewed by department heads in two small groups. Ms. Gohman said she would provide
written information from the departmental head interviews to the Council.
Councilmember Santa said she likes the idea of dialogue between the department heads and the
candidate but not an interview per se. Councilmember Sanger raised concern regarding employees
interviewing a potential boss. Ms. Gohman responded that Mr. Harmening could outline his
background and experiences for the department heads, and she would ask interview participants for
concerns.
Councilmember Brimeyer said such an interview process would allow people to be a part of the
process. Mayor Jacobs commented that it would be a good team approach. Councilmember Basill
said he likes the idea of having department heads interview Mr. Harmening.
Ms. Gohman summarized that the interview process will include the department heads, and she will
provide the Council with information from those interviews. Councilmember Brimeyer said that the
interview questions should be tied to the profile. Councilmember Basill suggested there be no time
limit set. Councilmember Sanger inquired about orchestrating the interview questions.
Councilmember Brimeyer described his experience interviewing candidates for city manager positions,
St. Louis Park City Council Meeting
030104 - 3d - Study Session Minutes of 12-8-04
Page 2 of 4
and he suggested asking questions regarding scenarios. Councilmember Brimeyer would like to have
an evaluation form provided to the Councilmembers for use during the interview. It was noted that
Councilmember-elect Phillip Finkelstein will attend the interview.
It was decided that the City Council will interview Mr. Harmening on Monday, December 22, 2003 at
6:00 p.m. Ms. Gohman said notice will be published regarding Mr. Harmening’s interview.
(Note: Items 3 and 4 were discussed prior to Item 2).
2. Indemnity Agreement with Oak Hill 3501 LLC/Anderson Builders relative to Purchase
Contract for 3501 Louisiana Avenue
Mr. Greg provided some background information on the connection between himself, ENSR, and the
Reilly site and its history. Mr. Greg discussed the Reilly Tar Consent Decree. The minimum life of
the Consent Decree is 30 years.
Mr. Bubul reported that in the indemnification language, the City shall indemnify Anderson Builders,
etc., up to the caps. Mr. Bubul stated that for the City to proceed or not to proceed, the liabilities are
about the same amount—just different. In regard to the liability issue, Mr. Bubul contrasted the
currently exposed contaminated dirt on the Reilly site versus a building being built and people
occupying it.
Councilmember Basill wants to be certain that Anderson Builders cannot come after the City; he
wants Anderson Builders to be a true partner. Councilmember Sanger agrees with Councilmember
Basill.
Councilmember Sanger suggested that Anderson Builders pay a deductible for liability above two
million dollars. Mr. Bubul said there is a single tort cap. Mr. Anderson said he does not have the
money for the CERCLA cap, that insurance would be prohibitive. Mr. Anderson said he is getting
information on environmental insurance, and he stated that he does not want to take on CERCLA
liability. It was stated that the venting requirement would be honored as stated by the MPCA.
Councilmember Omodt does not favor going forward with this indemnity agreement.
After tonight’s discussion Councilmembers Basill and Sanger, and Mayor Jacobs are more comfortable
with the liability issue. Council will move forward with this item. Mr. Harmening stated that this item
must appear on the agenda for December 15, 2003.
3. Stonebridge Development—Preliminary Application for Tax Increment Financing
Assistance for a proposed Senior Cooperative Housing redevelopment project on the
former Talmud Torah school property
Mr. Hunt said this is a preliminary discussion to determine if Council would like to move forward with
this proposal. Mr. Hunt said this project would require a Comprehensive Plan amendment. The
Redeveloper has provided a preliminary sources and use estimate for the project in its Preliminary TIF
St. Louis Park City Council Meeting
030104 - 3d - Study Session Minutes of 12-8-04
Page 3 of 4
Application, and the total dollar amount is $23,215,050, to be paid in nine years. Mr. Hunt said the
EDA’s financial consultant, Ehlers & Associates, reviewed the Redeveloper’s pro forma and did not
raise any concerns, i.e., they see no serious issues as the project is stated.
Councilmember Santa commented that the traffic light at 33rd and Texas Avenue is problematic, and
she has traffic concerns regarding pedestrians walking on sidewalks. In regard to Texas and Virginia
Avenues, safety is a huge concern.
Councilmember Santa inquired about how to deal with open space and the Water District. Mr. Hunt
said the Redeveloper has yet to contact the Water District. A Stonebridge representative said a traffic
study could be conducted.
Mayor Jacobs said neighborhood meetings would be required; at this time, it appears the project would
meet some of the City’s housing goals, i.e., the option for seniors to purchase affordable senior
housing, and single-family, senior-owned homes may become available for resale to younger families.
Councilmember Sanger asked if all units in the proposed project are subject to being designated as a
limited liability coop, and the response from Stonebridge was yes. Councilmember Sanger asked:
What is the incentive for property owners to maintain their units?
Councilmember Velick commented that there are high monthly maintenance fees.
Mayor Jacobs asked if any studies have been done on this type of project. A Stonebridge
representative said there are only two such limited equity cooperative entities in the Twin Cities.
When Councilmember Sanger asked where goes the inherent value, the response was that the co-op
owns it.
Councilmember Basill is concerned about risk in the event that the co-op should be unsuccessful; he
asked what the developer’s track record is in particular and limited equity co-ops in general.
The Council would like to have statistics on this type of project and the history of successes and
failures of a limited equity co-op.
Councilmember Sanger inquired about those property owners who may violate the co-op’s by-laws.
Councilmember Velick said the concept is broad and more information is needed.
Councilmember Omodt asked: why TIF? Councilmember Basill commented that rental units could be
built without TIF.
Stonebridge representatives will gather and present the information Council has requested.
4. Usable Open Space Requirements
St. Louis Park City Council Meeting
030104 - 3d - Study Session Minutes of 12-8-04
Page 4 of 4
Ms. Erickson discussed usable open space requirements and the Planning Commission’s
recommendations regarding text changes to the Zoning Code that would result in more consistent
standards. She said the Planning Commission recommended eliminating the definition for usable open
space and replace it with a definition for designed outdoor recreational area (DORA). Ms. Jeremiah
added that Staff could include an accessibility requirement.
Councilmember Sanger said the City must have clear definitions for developers. Ms. Jeremiah said
Staff would like to address quality and quantity.
Councilmember Sanger expressed concern regarding the reduction in the R-1, single-family standard
from 600 to 400 square feet.
Mayor Jacobs wants people to have flexibility.
Ms. Jeremiah said Staff will be collecting information from Points of Sale, and additional information
from DORA (designed outdoor recreational area). Council asked Staff to return with that information.
5. Adjournment
The meeting adjourned at 10:40 p.m.
________________________________ _________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 1 of 8
4a. Motion to accept a portion of the Excelsior and Grand Phase One Public
Improvements
Background: TOLD, Inc., the developer of the Excelsior & Grand site, has requested that the
City formally accept the utility infrastructure and street improvements constructed in conjunction
with the development. These improvements were constructed by the developer as part of the
Phase One Initial Public Improvements and become City property upon completion of the work
and acceptance by the City.
A warranty period of one year for street improvements and two years for the utility infrastructure
is stipulated in the Amended and Restated Planning Development Contract between Meridian
Properties Real Estate Development, LLC and the City dated October 15, 2003.
The major contractors performing work on this project were:
Utilities: Imperial Developers, Inc.
Grading/Streets: DMJ Asphalt, Inc.
The utilities and the first lift of bituminous were constructed in 2002. The final lift of
bituminous was constructed in 2003 on most streets. The street & utility construction for the
project was inspected and tested by the engineering firm of MFRA, Inc.
Analysis: Most of the Initial Public Improvements have been substantially completed, therefore
TOLD is requesting approval of the following improvements in order to begin the warranty
period:
Street Improvements
§ Park Commons Drive from Monterey Drive to Princeton Lane
§ Grand Way from Excelsior Boulevard to Wolfe Parkway
§ Princeton Lane from Excelsior Boulevard to Park Commons Drive
§ Meridian Lane from Excelsior Boulevard to Park Commons Drive
Streetscape Improvements
§ South side of Park Commons Drive from Monterey Drive to Princeton Lane
§ Both sides of Grand Way from Excelsior Boulevard to Park Commons Drive
§ East side of Princeton Lane from Excelsior Boulevard to Park Commons Drive
§ West side of Meridian Lane from Excelsior Boulevard to Park Commons Drive
§ North side of Excelsior Boulevard from Meridian Lane to Princeton Lane
Utility Infrastructure-located below or adjacent to the following
§ Park Commons Drive from Monterey Drive to Princeton Lane
§ Grand Way from Excelsior Boulevard to Wolfe Parkway
§ Princeton Lane from Excelsior Boulevard to Park Commons Drive
§ Meridian Lane from Excelsior Boulevard to Park Commons Drive
§ Excelsior Boulevard from Meridian Lane to Princeton Lane
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 2 of 8
These improvements will be accepted subject to completion of the following items by June 1,
2004:
• All items on the attached summary of Public Works Issues (dated 12/18/03, updated
1/9/04)
• All infrastructure-related items identified on the Phase I Walk-through Comments
(Exhibit F of the Planning Contract)
And, completion of the following items by March 31, 2004:
§ Written notice from the Developer’s engineer certifying that the construction work meets the
required City standards
§ Written notice from the Developer’s surveyor certifying installation of all iron monuments at
lot corners
§ Final set of electronic and mylar “as constructed” plans, prepared in accordance with City
standards, including copies of all necessary reports and tests
§ Submittal of maintenance bonds in the amount of twenty-five percent (25%) of final certified
construction costs to secure both warranties. These bonds will be used to pay for warranty
work which the Developer fails to complete upon request of the City.
Since the majority of work was completed last fall, staff is amenable to starting the warranty
period as of November 1, 2003. The City will also retain $97,000 of the Developer
reimbursement amount to pay for those Phase One Initial Public Improvements that have not yet
been completed. The City’s acceptance of the Public Improvements and initiation of the
warranty periods will be voided if the Developer fails to provide the requested items or complete
outstanding issues by the dates listed above.
The Public Works Department recommends approval of the partial acceptance of the public
utility and street improvements for this development area subject to the conditions outlined
above.
Attachments: Public Works Issues list
Phase I Walk-through Comments
Prepared by: Maria Hagen, City Engineer
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 3 of 8
Issue Status/Information
Drainage problem at entrance to west
parking ramp
City has information and opinion from
Streetscape consultant on this issue; City has
offered to split cost 50/50 with developer
* Work to be done in Spring by BorSon
Drainage problem at corner of Meridian
Lane/Excelsior Blvd.
City has information and opinion from
Streetscape consultant on this issue; City has
offered to split cost 50/50 with developer
* Work to be done in Spring by BorSon
Incorrect construction/access to oil
separators
Oil separator manholes were constructed
without adequate access for maintenance; City
agreed to furnish larger access manhole covers
and rings; Imperial/BorSon agreed to provide
labor & restoration
* Work complete
Storm sewer manhole near intersection of
Park Commons Drive & Princeton Lane
does not sit over the sewer line
Imperial agreed to “spin” the top section of the
manhole
* Work to be done in Spring by Imperial/
BorSon
Catch basin at SW corner of Park
Commons Drive & Princeton Lane sits into
the intersection; kinked curb
City feels the catch basin placement restricts an
already narrow intersection; feels relocation or
removal are options
* Relocate & correction to be done in Spring
by BorSon
Reimbursement for repair of City irrigation
system (near KinderCare) ($2,007.80)
City believes line was damaged by BorSon or
Borson sub-contractor – repair was done by
City contractor
* TOLD has bill and is handling
reimbursement
Painted valet parking areas Plan for painting of valet parking areas was not
approved by the City; lack of accompanying
signage makes areas non-enforceable
* Paint has been removed
Painting of curbs in parking ramps Recommended by City staff to promote proper
driving and awareness of obstacles
* Work complete
Replacement of sidewalk behind Bally’s;
completion of missing segment from
existing walk to corner of Princeton Lane
Plan was to replace sidewalk with 6’-wide walk
* Work not complete – concrete work to be
done in the Spring
Removal of overhead light on Park
Commons Drive behind Bally’s
Light was not called out for removal in plans;
BorSon cut wires to light
* Work is not complete-do in Spring
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 4 of 8
Issue Status/Information
Install silt fence at down grade of
construction field office site
Steep hill; need silt fence to prevent runoff into
catch basins
* Work partially complete – ok for now-do in
Spring
Repair of light poles/fixtures (2) on
Excelsior Blvd. which have been damaged
* Work is not complete-do in Spring
Striping on south-bound Grand Way at
Excelsior Blvd.
TOLD requested striping to delineate lanes &
turning movements; City is investigating
* Work to be done in Spring by TOLD
Request for installation of Stop signs on
Park Commons Drive at Meridian Lane
City is investigating
* Request denied
Parking signage on Grand Way City needs to verify locations, type &
installation in accordance with resolution
* Inspected locations, signage not complete
Wrong-way parking on Meridian Lane BT to request Police Dept. to issue warnings;
TOLD to inform management company to
notify tenants
* Complete – Parking better
Bus Stop sign installation Carlton had agreed to do this – verify
* Work was done by TOLD, but sign
installed too low
Submittal of as-built drawings
· Include: detail for StormCeptor,
pavement section & note year contructed
on plans
· Include developer-owned conduit in
right-of-way
MFRA has prepared initial set; City has sent
back comments
* City sent comments to MFRA 1/9/04; need
to receive electronic & mylar final set
Street sign installation on Grand Way was
drilled into light poles rather then using
banding
* Work is not complete
Slope on sidewalk at stairwell adjacent to
building “A”
* Work is not complete-Inspections
Dept. issue
Electrical control cabinet repair * Waiting on parts to complete, lights are
working at present
Utility pad on Monterey Ave wall repair
and landscaping replacement
* Work is not complete-do in Spring
Snow storage at Monterey Ave & Excelsior
Blvd
* BT talked to BorSon (Wally), he will take
care of lowering and or removing snow
Remove temp. power pole at Monterey
Ave & Excelsior Blvd.
* Work is not complete
Repair and/or replace street surfaces and
curb & gutter due to construction hauling
* City will review in Spring for damage due
to hauling from Phase II
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 5 of 8
Issue Status/Information
Damaged Stop sign at Meridian Lane and
Park Commons Drive
* Work is not complete
Raise 3 valves located under brick sidewalk * City Utilities to locate; work to be done in
Spring by BorSon
Clean out 6 valves * City Utilities to locate; work to be done in
Spring by BorSon
Submittal of as-built drawings for street
lighting, decorative lighting and electrical
cabinets
* Not yet received
Secure electrical cabinet to concrete pad *Work not yet complete
Replace burnt out street lights throughout
project area
* Complete ASAP
Submittal of necessary tests, reports shop
drawings, etc. as outlined in letter dated
7/10/03 (attached)
* Have not yet received full sets of
bituminous sampling & tests, concrete curb
& gutter and air content tests, agg. base
compaction tests, videotape of televising of
san. sSewer, etc.
Wolfe Parkway: Repair pavement and
perform subgrade correction as needed;
install final bituminous course; replace
broken & cracked sections of curb & gutter
* Work to be completed in 2004 as agreed
upon between TOLD and City
Curb drop needs to be installed on Wolfe
Parkway N.E. parking bay adjacent to new
construction for City park trail (Phase II)
* Work to be completed in the Spring in
conjunction with Phase II/Wolfe Parkway
work
Removal of abandoned water and sanitary
sewer services on Wolfe Parkway (Phase
II)
* Two removed to-date
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 6 of 8
Phase I Walk-through Comments
(Exhibit F of the Planning Contract)
Excelsior & Grand Phase I Exterior Walk Through 7/31/03
Revised 8/8/03
Revised 10/9/03
Revised 11/6/03
A. General:
1. All exterior vents (fireplace exhausts, dryers, etc.)and rooftop equipment visible from off-
site must be painted to match the adjacent exterior or approved alternate.
2. All temporary and permanent signs must have permits and must comply with current
ordinances.
3. Site maps need to be placed in "kiosks" by leasing office and at base of parking ramp
stairwells.
4. Electrical boxes for tree lighting must be moved up and away from all tree trunks.
5. Concern with premature aging of some sidewalk pavers (exposure of aggregate already)
possibly caused by acid washing buildings.
6. Satellite dishes on roof need to be installed per Building Code and screened per Zoning
Code (relocated to area where not visible from pedestrian level).
7. Need valet parking plan ASAP.
8. Painting of curbs or approved alternate and installation of public parking directional and
regulatory signs in parking ramps needs to be completed by October 31, 2003 and
November 15, 2003, respectively. Painting has been rescheduled for week of 11/17 –
weather permitting.
9. Inoperable vehicles cannot be stored in above-ground parking ramps at any time.
B. West Side of Grand Way from Excelsior to Park Commons Drive:
1. TOLD needs to submit a sign permit application for changing one kiosk to leasing office
signage.
2. Panera needs to submit sign permit application for umbrella signage.
3. Small signs on tree protectors need to be approved/installed.
C. Park Commons Drive from Grand Way to Princeton Lane:
1. Hackberry trees by Panera need to be evaluated by landscape architect or arborist and
replaced as necessary.
2. Transit sign needs to be installed on Building C by October 24, 2003.
3. Final loading zone and police parking design needs to be accepted by City; loading zone
sign needs to be replaced
4. Newspaper boxes by ramp need to be moved to corrals at south side of ramp.
5. Rails on Bldg A stairs need to be completed.
6. Utility issues on Park Commons Drive need to be resolved and changes.
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 7 of 8
7. Handicap accessible curb depression at corner of Park Commons Drive and Princeton
Lane for relocated trail/sidewalk crossing and completion of new sidewalk needs to be
coordinated with Public Works.
8. Need to complete landscaping by utility boxes near Wolfe Lake Condos parking lot.
D. Princeton Lane from Park Commons Drive to Excelsior Blvd.:
1. Fireplace vent needs to be protected because it is within reach of pedestrians and poses a
safety concern due to hot surface and potential for children to bang their heads on it.
E. Excelsior Blvd. from Princeton Lane to Grand Way:
1. Kindercare screening of kitchen area with mini-blinds needs to be installed.
2. Grade on Excelsior Blvd. sidewalk needs to be corrected by corridor exit and by Qdoba.
3. Need to finish handicap door corrections just east of Ramp B.
F. Town Green South and North of Park Commons Drive:
1. Sprinkler head on top of fountain needs to be replaced with a more aesthetic, permanent
solution.
2. Plantings around sundial need to be improved; possible signage to explain how it works
and that it doesn't reflect daylight savings time will be further considered.
3. Two Lindens just south of traffic circle are too close to light poles and branches are
scratching paint- Landscape architect needs to evaluate moving or pruning. Will prune to
keep off poles by October 31, 2003 and as needed as trees mature.
4. Some of the Dogwoods just south of the traffic circle need to be replaced.
5. One Birch on north town green is questionable - should be evaluated by landscape
architect/arborist for pruning or replacement.
G. East Side of Grand Way from Park Commons Drive to Excelsior Blvd.:
1. Honeylocusts in front of McCoys and Mojitos need to be evaluated by landscape
architect/arborist.
H. Excelsior Blvd. at Town Green and east to Meridian Lane:
1. Two granite bollards are broken and need to be replaced/reinstalled- one in median south
of town green and one closest to corner by Mojitos.
2. Cracks in Excelsior Blvd. in front of Mojitos and Snyders need to be repaired per Public
Works specifications.
3. Three pavers in front of Mojitos and pavers around MNDOTs electrical manhole further
east need to be leveled.
4. Tree grate by parking ramp entrance needs to be leveled and corner sealed down.
I. Meridian Lane from Excelsior Blvd to Park Commons Drive:
St. Louis Park City Council Meeting
Item: 030104 - 4a - Excel & Grand Public Imp
Page 8 of 8
1. Phase E silt fence needs to be installed and property needs to be cleaned up. Complete
subject to acceptance by City. Temporary fence and construction parking lot going in
early October, 2003 in accordance with Official Exhibit 2.NN and the terms of the
Planning Contract.
2. Phase E interim landscape plan needs to be submitted approved/installed.
3. Solution for correcting clearance between sloped sidewalk and light pole needs to be
submitted/approved/implemented. Concrete corrected subject to acceptance by City.
Rail needs to be corrected/relocated by December 1, 2003 in accordance with ESG plan
dated 9/2/03).
J. Park Commons Drive from Meridian Lane to Grand Way:
1. Pavers need to be leveled by third entry stoop west of Meridian.
2. Hackberry trees need to be evaluated by landscape architect/arborist.
3. Solution to meet screening requirement for truck loading/service alley or application for
variance or other means to bring into compliance must be submitted to the City.
K. Other outstanding Phase 1 issues:
1. Remove paint from public right-of-way at valet area and install signage that has been
approved by City by October 31, 2003.
2. Complete parking ramp signage as approved by Zoning and Public Works by November
15, 2003.
3. Complete elevation corrections along north side of Excelsior Blvd. near Ramp B
entrance, corridor exit, and intersection with Median Lane. Awaiting construction
drawing from SRF Consulting; implement as soon as feasible thereafter. Contractor to
replace manholes for oil separators week of 11/10. Elevations are acceptable to all
parties and will not be revised.
4. Submit trash handling plan for Phase I West and Phase II or apply for variance or other
means of complying.
5. Paint or mark curbs as approved by the City on all levels of parking ramps B and E by
October 31, 2003. Delayed due to weather. Scheduled for week of 11/10.
6. Submit a plan for annual flowers to replace approved planters for Phase I and II and
implement for Phase I.
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 1 of 9
4b Motion to authorize the Mayor and City Manager to execute an Encroachment
Agreement with Oak Hill 3501, LLC and Diercks Properties, LLC for use of City
street right-of-way for private driveway purposes
Background: The property at 3501 Louisiana Avenue is being sold by the City’s Economic
Development Authority (EDA) to a developer, Oak Hill 3501, LLC. Due to the property’s size
and configuration, the development plans show access to the east end of the property over the
City’s right-of-way. A driveway, serving the property at 3340 Republic Avenue, is currently in
place, within this right-of-way. Oak Hill 3501, LLC has requested that an encroachment be
granted to both properties to allow access from Walker Street.
Analysis: A common private driveway, serving both properties, would be constructed by Oak
Hill 3501 within the City’s right-of-way. All costs of this construction and any future
maintenance would be borne by the two adjacent properties. The City has reserved the right to
terminate this agreement upon sixty (60) days notice to the affected parties that the driveway will
be replaced by a public street. At that time, the adjacent property owners would have driveway
access from the new City street.
City staff has reviewed this request and has found no conflicts with utilities or other public
facilities. The City Attorney, Tom Scott, has also reviewed the agreement and finds it
acceptable.
Attachment: Agreement
Map (Supplement)
Prepared by: Maria A. Hagen, City Engineer
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Thomas K. Harmening, City Manager
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 2 of 9
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2004, by and between the
CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City") and OAK HILL 3501,
LLC, a Minnesota limited liability company and DIERCKS PROPERTIES, LLC, a Minnesota
limited liability company (hereinafter collectively referred to as “Owners”).
RECITALS
• Oak Hill is the owner of the property (the “Oak Hill Property”) legally described as follows:
That part of Lot 1, Block 7, OAK PARK VILLAGE, according to the
record plat thereof, Hennepin County, Minnesota, lying southerly of a line
drawn from the angle point in the east line of said Lot 7 distant 188.32 feet
south of the northeast corner of said Lot 7, to a point on the west line of
said Lot 7 distant 185.20 feet south of the northwest corner of said Lot 7;
And,
That part of the southwesterly one-half of the vacated alley adjacent to and
northeasterly of said Lot 1, Block 7, which lies between the northeasterly
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 3 of 9
extension of the southeasterly line of said Lot 1 and a line drawn between
the angle points in said alley.
• Diercks is the owner of the property (the “Diercks Property”) legally described as
follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Block
185, “Rearrangement of St. Louis Park,” together with all of vacated alley
in said Block 185.
Except all that part of Lots 11 through 18, inclusive, Block 185,
“Rearrangement of St. Louis Park,” according to the plat thereof, and of
vacated alley which accrued to said Lot 11 by the reason of the vacation
thereof, lying Southwesterly of a line described as follows:
Commencing at the intersection of the Southwesterly extension of the
Northwesterly property line of Lot 18 with the Westerly extension of the
Southerly property line of Lot 18; thence North 85°41’49” East assumed
bearing, a distance of 202.02 feet along the South property line of the
above mentioned lots and the extension thereof, to the point of beginning
of the line to be described, thence Northwesterly along a tangential curve
concave to the Northeast having a radius of 310.0 feet, central angle 38
degrees 46 minutes 02 seconds, a distance of 200.00 feet and there
terminating.
• The Oak Hill Property and the Diercks Property are hereinafter collectively called the
“Property.”
• The Owners desire to cause a driveway and other curb and gutter improvements to be
constructed on a portion of an unopened City right-of-way (“Driveway Area”) legally
described on Exhibit A hereto.
NOW, THEREFORE, the parties agree as follows:
1. ENCROACHMENT AUTHORIZATION. The City hereby grants to Owners the
permanent right (except as provided in Paragraphs 4 and 5) to encroach on the Driveway Area for
the construction, maintenance, use, operation, repair, and restoration of a common private driveway
servicing the Property for the benefit of the Property and the owners of the Property and their
successors and assigns. Such construction shall occur in accordance with plans and specifications
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 4 of 9
attached hereto as Exhibit B or as otherwise approved by the City Engineer, which approval shall
not unreasonably be withheld.
2. MAINTENANCE OF DRIVEWAY. Owners shall be responsible for all costs of
to construction, reconstruction, maintenance, and repair of the driveway, subject to (as between
Owners) allocation of costs in accordance with the terms of that certain Driveway Construction and
Maintenance Agreement dated ___________, 2004.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's right-of-way in the Driveway Area, each of the Owners respectively, for
themselves, their respective successors, heirs, and assigns, hereby agrees to indemnify and hold the
City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to
or arising out of this grant to Owners of permission to encroach on the City's right-of-way for the
construction, reconstruction, maintenance, and repair of the driveway to the extent caused by such
respective Owner and its respective successors, heirs, and assigns. Owners further agree to
indemnify and hold the City harmless from any damage to the property and the driveway caused in
whole or in party by the encroachment into the City’s right-of-way and the City’s use of the right-
of-way except for the right to construct and maintain the driveway improvements. The City does
not warrant or in any way guarantee Owners’ continuing right to utilize the Driveway Area against
claims by third parties; provided, however, City agrees to refrain from granting rights to third parties
hereafter which would materially interfere with the rights granted to Owners herein.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the then Owners of the Property sixty (60) days
written notice that the driveway will be replaced as soon as reasonably practicable by a public street
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 5 of 9
to which Owners have access in the same or substantially the same location as shown on the
drawing attached hereto and incorporated herein as Exhibit C. After such notice and upon request
by the City, Owners must remove the driveway at their expense to accommodate the public street
construction. Owners will have access to the new public street in the same or substantially the
same location as the access shown on Exhibit C.
5. LIMITATION OF OWNERS’ RIGHTS. Owners’ rights under this agreement:
(a) shall not be considered in determining benefit pursuant to Minn. Stat. Chapter 429 or any
successor statute if the Driveway Area is replaced by a public street and such access is so
maintained; (b) shall be subject to the City’s right to install a median in Walker Street limiting left
turn access to and from the Driveway Area without paying compensation to Owners; (c) shall be
subject to the City, or any other entity entitled by law to utilize public right of way, to install and
maintain utilities, telecommunication or other facilities and restore the driveway to its originally
improved condition which may temporarily disrupt or temporarily cause damage to Owners’
driveway improvements; and (d) other than the Owners’ right to have access to a public street for
the current property uses pursuant to Paragraph 4 herein, the property shall be subject to all
provisions of the St. Louis Park Ordinance Code, including those provisions regulating non-
conformities.
6. RECORDING. This Agreement shall be recorded against the title to the subject
property and shall run with the land.
CITY OF ST. LOUIS PARK
BY: _____________________________________
(SEAL) Jeff Jacobs, Mayor
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 6 of 9
AND ____________________________________
Thomas K. Harmening, City Manager
OWNERS:
OAK HILL 3501, LLC
BY:
Its
DIERCKS PROPERTIES, LLC
BY:
Its
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 7 of 9
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
______________, 2004, by Jeff Jacobs and by Thomas K. Harmening, respectively the Mayor and
City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
____________________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _______ day of
___________________, 2004, by ________________________________ the _______________ of
Oak Hill 3501, LLC, a Minnesota limited liability company, on behalf of said company.
____________________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _______ day of
___________________, 2004, by ________________________________ the ______________ of
Diercks Properties, LLC, a Minnesota limited liability company, on behalf of said company.
____________________________________
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 8 of 9
Eagan, Minnesota 55121
TMS/cjh
St. Louis Park City Council
Item: 030104 - 4b - Encroachment Agmt 3501 Louisiana
Page 9 of 9
CONSENT
The undersigned, owner of that certain ______________________________________
executed by Diercks Properties, LLC., a Minnesota limited liability company, dated
__________________, as Mortgagor, in favor of __________________________, as Mortgagee,
and filed for record in the office of the _____________________ in and for Hennepin County,
Minnesota on _________________, as Document No. ________________ does hereby for itself,
its successors and assigns, consent to and subordinate its interest to the foregoing Encroachment
Agreement.
Dated: _______________, 2004
By
Its
STATE OF ___________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2004, by _____________________, the __________________ of _______________________
______________, a _________________________________________, on behalf of said
____________________________.
Notary Public
St. Louis Park City Council Meeting
030104 - 4c - Premises Permit Renewal Hockey Booster
Page 1 of 2
4c. Motion to approve Resolution authorizing Renewal of Gambling Premises Permit
for St. Louis Park Hockey Boosters Association operating at Bunny’s Bar and
Grill, 5916 Excelsior Blvd.
Background:
St. Louis Park Hockey Boosters Association has submitted a renewal application for a Gambling
Premises Permit at Bunny’s Bar & Grill located at 5916 Excelsior Blvd. in St. Louis Park. The
Association donates up to $150,000 annually to the St. Louis Park Hockey Association and other
St. Louis Park sports. The premises permit duration is May 1, 2004 – April 30, 2006.
The City Council must act to approve or deny the renewal before it is submitted to the State
Gambling Control Board. A copy of the resolution passed by the Council will be submitted to
the State.
All current requirements for issuance of the license have been met. The Police Department has
conducted a background investigation and no records or warrants were discovered by using
conventional police methods of investigation.
Attachments: Resolution
Prepared by: Nancy Stroth, Deputy City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4c - Premises Permit Renewal Hockey Booster
Page 2 of 2
RESOLUTION NO. 04-029
A RESOLUTION OF THE ST. LOUIS PARK CITY COUNCIL
APPROVING ISSUANCE OF A PREMISES PERMIT FOR
LAWFUL GAMBLING FOR ST. LOUIS PARK
HOCKEY BOOSTERS ASSOCIATION
AT BUNNY’S BAR AND GRILL,
5916 EXCELSIOR BOULEVARD, ST. LOUIS PARK
PERMIT DURATION MAY 1, 2004 –APRIL 30, 2006
WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Section 15,
provide for lawful gambling licensing by the State Gambling Control Board; and
WHEREAS, a licensed organization may not conduct lawful gambling at any site unless
it has first obtained from the Board a premise permit for the site; and
WHEREAS, the Board may not issue or renew a premises permit unless the organization
submits a resolution from the City Council approving the premises permit; therefore,
BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed
below meets the criteria necessary to receive a premises permit, and the application is hereby
approved
ST. LOUIS PARK HOCKEY BOOSTERS ASSOCIATION
AT BUNNY’S BAR AND GRILL
5916 EXCELSIOR BLVD
ST. LOUIS PARK, MN 55426
Reviewed for Administration: Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030104 - 4d - Lion's Club Temporary Signage
Page 1 of 2
4d. Motion to adopt the attached Resolution to approve St. Louis Park Lions Club’s
application for the placement of 14 temporary signs in the public right-of-way.
Background:
On February 9, 2004, the City received an application from the St. Louis Park Lions Club for 14
signs to be temporarily placed within the public right-of-way.
Section 36-362(e)(2) of the Zoning Code states that prohibited signs include, “Signs on or over the
public right-of-way unless the City Council grants permission for a temporary sign on or over the
public right-of-way for a period not to exceed ten days.”
Proposal:
The Lions Club is a non-profit community based organization that provides services and resources
to the people of St. Louis Park. The requested signs advertise the Lions Club’s 47th Annual
Pancake and Sausage Breakfast to be held on Sunday, April 4. This activity is a fund raiser
intended to raise revenue to fund those services and resources provided to the residents of St. Louis
Park. The signs will be displayed beginning March 27, 2004 and will be removed on April 4, 2004.
The following signs are proposed to be placed within the right-of-way:
# Sign Style Size Location
10 Two-sided sawhorse/sandwich board type 3’ wide x 4’ high A, B, D, F, G, H
3 Two-sided sawhorse/sandwich board type 2’ wide x 4’ high C and E
1 Sign on wheeled trailer 6’ wide x 4’ high I
If approved, all signs will be placed within the public right-of-way at the locations shown on the
attached sign map. Staff will verify placement to avoid visibility-related issues.
Recommendation:
It is recommended that the City Council adopt the attached Resolution approving the St. Louis Park
Lions Club’s request for the placement of 14 temporary signs in the public right-of-ways as outlined
within the attached Resolution.
Attachments:
Resolution
Letter from Lions Club dated February 9, 2004
Sign Plan
Prepared by: Gary Morrison, Assistant Zoning Administrator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4d - Lion's Club Temporary Signage
Page 2 of 2
RESOLUTION NO. 04-030
RESOLUTION APPROVING THE ST. LOUIS PARK LIONS CLUB'S
APPLICATION FOR THE PLACEMENT OF 14 TEMPORARY SIGNS
WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, The St. Louis Park Lions Club made application for the placement of 14
temporary signs within the public right-of-way; and
WHEREAS, pursuant to Section 36-362(e)(2) of the St. Louis Park Zoning Ordinance, the
City Council may approve the placement of temporary signs within the public right-of-way for a
period not to exceed 10 days;
NOW, THEREFORE, BE IT RESOLVED by the Cit y Council of the City of St. Louis
Park, Minnesota, that the City Council approves the St. Louis Park Lions Club's application for the
placement of 14 temporary signs within the public right-of-way beginning March 27, 2004, and to
be removed immediately following the conclusion of the event on April 4, 2004.
BE IT FURTHER RESOLVED that the size and placement of the temporary signs are
approved as follows:
1. Two 3-foot wide by 4-foot high signs at the intersection of Louisiana Blvd & 14th St W.
2. One 3-foot wide by 4-foot high sign on the south side of Cedar Lake Rd just west of Flag
Ave.
3. One 2-foot wide by 4-foot high sign on the east side of Texas Ave at the Westwood Junior
High School.
4. One 3-foot wide by 4-foot high sign on the south side of Cedar Lake Rd at Zarthan Ave.
5. Two 2-foot wide by 4-foot high signs at the intersection of Minnetonka Blvd and Louisiana
Ave.
6. Two 3-foot wide by 4-foot high signs at the intersection of Aquila Ave and Hwy #7.
7. Two 3-foot wide by 4-foot high signs at the intersection of Beltline Blvd and County Rd
#25.
8. Two 3-foot wide by 4-foot high signs at the intersection of Excelsior Blvd and Louisiana
Ave.
9 One 6-foot wide by 4-foot high sign at the southeast corner of Oregon Ave & Hwy #7.
Reviewed for Administration: Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030104 - 4e - Shelard Homes CUP Extension
Page 1 of 1
4e. Motion to approve a 6 month extension of Shelard Homes (Lurie Apartments)
Conditional Use Permit until September 3, 2004.
Case No. 02-40 CUP (Approved September 3, 2002)
Background:
On September 3, 2002, the City Council approved a Conditional Use Permit for Lurie
Apartments, which has since been renamed to Shelard Homes, to construct a mixed use
residential and commercial building on the northeast corner of Ford Road and Wayzata
Boulevard. An athletic club currently exists on site. The Conditional Use Permit is for a 5 story
building, with approximately 5,800 square feet of office, 2,100 square feet of residential support
area, and 33 parking stalls on the first floor, and four floors of apartment above. Sixty five (65)
residential units were approved. A total of 131 parking stalls were approved to be located on an
exterior lot, an interior lot on the first level, and an underground garage. The exterior parking lot
will be located on the east side of the building, accessed by a garage entry off of Wayzata
Boulevard that goes through the building. The underground residential parking was approved
with access on the west side of the building via a driveway from Ford Road. The Ordinance
states that conditional use permits be revoked and canceled after one year from the date of
adoption of the resolution if no construction has occurred, unless an extension is approved by the
City Council.
On July 21, 2003, the City Council approved a 6 month extension to allow the applicant time to
obtain HUD’s approval and resolve financing. Since that time the applicant has been working
with the City on some potential changes.
On February 24, 2004, Shelard Homes (Lurie Apartments) submitted a request for an extension
of their Conditional Use Permit. They are still awaiting financial approval and have indicated
there has been a small change in plans. Staff believes due to the current market for apartments
the developer may be considering converting the units to condominiums (Provided the number of
units does not change this would not affect their CUP approvals). As a result a 6 month
extension is being requested.
Recommendation:
Staff recommends extending the Conditional Use Permit until September 3, 2004 to allow
Shelard Homes (Lurie Apartments) to obtain HUD financing and consider plan changes. .
Attachments:
Letter from Shelard Homes (Supplement)
Prepared by: Julie Grove, Associate Planner
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4f - CIP Reimbursement Resolution
Page 1 of 4
4f. Motion to adopt a resolution requesting reimbursement for Capital Improvement
Projects from the anticipated 2006 General Obligation Bond issue
Background: The 2004-2008 Capital Improvement Program was approved by the City Council
at their December 15, 2003 meeting. The CIP is used by the City to identify and implement
various improvements throughout the community. Several projects initiated by the Public Works
Department require the use of General Obligation debt for partial or full financing. In order to be
reimbursed from a future General Obligation Bond issuance for expenses related to these
projects, a reimbursement resolution is necessary.
Analysis: Based on previous discussions by the City Council, it was determined that the
soonest additional debt should be issued is 2006. The estimated bond issue is $2,500,000,
however this amount may change as the City continues to refine the Capital Improvement
Program. Funding for these projects will be achieved in the interim by advancing monies from
the Permanent Improvement Revolving Fund at the inception of the project and returned to the
Permanent Improvement Revolving Fund at the time of bond issuance in 2006.
At this time, the following capital improvement projects are anticipated to be completed with the
issuance of a General Obligation Bond in 2006:
Project
Project
Number Bond Cost
Total
Project Cost
Crossings Improvement Projects 19990900
$43,018
$146,831
Lamplighter Pond - Dredging & Modifications - Area #4 20001800
$75,000
$1,569,902
Bikeways Improvement Project 20011000
$287,475
$473,919
Alley Project Paving - Edgebrook Drive 20031500
$37,423
$56,824
Sidewalk Improvement Project - Pedestrian Curb Ramps 20040100
$120,350
$120,350
Sidewalk Improvement Project - Other Segments 20040200
$294,877
$501,927
Trail Improvement Project - Other Segments 20040300
$291,240
$528,444
Street Project - Closures at RR Crossings 20041200
$108,000
$108,000
Street Project - TH 100 Noise Wall (West) 20050100
$130,075
$200,475
Street Improvement Project - W 44th Street 20050500
$100,000
$100,000
Total
$1,487,458
$3,806,672
St. Louis Park City Council Meeting
030104 - 4f - CIP Reimbursement Resolution
Page 2 of 4
Recommendation: Motion to adopt the attached resolution requesting reimbursement for the
above-listed Capital Improvement projects from the anticipated 2006 General Obligation Bond
issue.
Attachment: Resolution
Prepared By: Jean McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4f - CIP Reimbursement Resolution
Page 3 of 4
CITY OF ST. LOUIS PARK
RESOLUTION NO. 04-031
DECLARING THE OFFICIAL INTENT OF THE
CITY OF ST. LOUIS PARK TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS
TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the
“Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City of St. Louis Park (“City”) expects to incur certain expenditures that
may be financed temporarily from sources other than bonds, and reimbursed from the proceeds
of the tax-exempt bond;
WHEREAS, the City has determined to make this declaration of official intent
(“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ST. LOUIS PARK AS FOLLOWS:
1. The City proposes to undertake the following projects (the “Project”)
Project
Project
Number Bond Cost
Total
Project Cost
Crossings Improvement Projects 19990900
$43,018
$146,831
Lamplighter Pond - Dredging & Modifications - Area #4 20001800
$75,000
$1,569,902
Bikeways Improvement Project 20011000
$287,475
$473,919
Alley Project Paving - Edgebrook Drive 20031500
$37,423
$56,824
Sidewalk Improvement Project - Pedestrian Curb Ramps 20040100
$120,350
$120,350
Sidewalk Improvement Project - Other Segments 20040200
$294,877
$501,927
Trail Improvement Project - Other Segments 20040300
$291,240
$528,444
Street Project - Closures at RR Crossings 20041200
$108,000
$108,000
Street Project - TH 100 Noise Wall (West) 20050100
$130,075
$200,475
Street Improvement Project - W 44th Street 20050500
$100,000
$100,000
Total
$1,487,458
$3,806,672
St. Louis Park City Council Meeting
030104 - 4f - CIP Reimbursement Resolution
Page 4 of 4
2. The City reasonably expects to reimburse the expenditures made for certain costs
of the Project from the proceeds of bonds in an estimated maximum principal
amount of $1,588,000. All reimbursed expenditures will be capital expenditures,
costs of issuance of the bonds, or other expenditures eligible for reimbursement
under Section 1.150-2(d)(3) of the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to
the proceeds of bonds, except for the following expenditures: (a) costs of issuance
of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the
proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in
excess of 20 percent of aggregate issue price of the issue or issues that finance or
are reasonably expected by the City to finance the project for which the
preliminary expenditures were incurred. The term “preliminary expenditures”
includes architectural, engineering, surveying, bond issuance, and similar costs
that are incurred prior to commencement of acquisition, construction or
rehabilitation of a project, other than land acquisition, site preparation and similar
costs incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City based
on the facts and circumstance known to the City as of the date hereof. The
anticipated original expenditures for the Project and the principal amount of the
bonds described in paragraph 2 are consistent with the city’s budgetary and
financial circumstances. No sources other than proceeds of bonds to be issued by
the City are, or are reasonably expected to be, reserved, allocated on a long-term
basis, or otherwise set aside pursuant to the City’s budget or financial policies to
pay such Project expenditures.
5. The Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
Reviewed for Administration: Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030104 - 4g - Boulevard Tree Stump Removal Contract
Page 1 of 1
4g. Motion to designate A Topnotch Treecare Service, Inc. as the lowest responsible
bidder and authorize execution of a contract for the 2004 Boulevard Tree and
Stump Removal Program in an amount not to exceed $60,337.12
Background: Prior to 2004, all boulevard tree removals were performed by City staff, with total
expense for removals covered under the Parks and Recreation Department budget. Due to budget
cuts implemented in 2003, all removal costs will now be equally shared by the City and impacted
property owners.
City staff will identify and mark all diseased, dead and hazardous trees on boulevards for
removal. Once marked for removal, staff will send a proposal to the impacted property owner for
50% of the cost of tree and stump removal (stump removal will include grinding stump, removal
of grinding debris, backfilling stump hole with quality black soil and seeding area with specified
grass seed mix). If the resident chooses to use A Topnotch Tree Service, Inc., the City will bill
the property owner for 50% of the removal costs. If 20 days passes without a reply from the
residing property owner, the City will condemn the tree. The tree will then be removed by A
Topnotch Treecare Service, Inc. The cost of the removal will be assessed against the property
owner’s property taxes if the bill for tree removal is not paid.
Bid Analysis: Bid packages for the 2004 Boulevard Tree and Stump Removal contract were
mailed out in early January to 19 tree firms. Bids were opened on February 20, 2004 at City Hall.
Four bids were subsequently received in the amounts as follows:
A Topnotch Treecare Service, Inc. $ 60,337.12
Emery’s Tree Service, Inc. $ 70,621.00
S & S Tree & Horticulture, Inc. $ 90,730.00
Precision Tree & Landscape, Inc. $ 95,409.00
Recommendation: Staff recommends A Topnotch Treecare Service, Inc. as the 2004 Boulevard
Tree and Stump Removal Contractor. A Topnotch Treecare Service, Inc. has successfully
performed similar contracts for the Cities of St. Louis Park, Richfield, and Plymouth on selected
tree removals, trimmings and cabling.
Prepared by: Jim Vaughan, Environmental Coordinator
Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4h - Private Diseased Tree Removal
Page 1 of 1
4h.. Motion to designate Emery’s Tree Service, Inc. as the lowest responsible bidder,
and authorize execution of a contract for the 2004 private diseased tree removal
program in an amount not to exceed $155,400.
Background: The City has been participating in the removal of diseased trees on private
property for more than 20 years. During the initial phases, funding was provided through the
Community Development Block Grant Program and subsidies were established at a 50% level.
When CDBG guidelines were altered (approximately 14 years ago) the removal of diseased trees
was no longer fundable. As a result, the City’s subsidy program was stepped back over the
course of five years until it reached the current level (no cash subsidy) at the end of 1995.
The City’s role in this process is to handle all paperwork. This includes preparing official
notices, billing the homeowners, establishing a timely schedule for the removals and providing a
follow-up inspection. As in previous years, an updated brochure explaining the City’s removal
program has been prepared and will be distributed to all affected property owners at the time
their diseased trees are identified by staff.
The 2004 dutch elm disease bids reflect projected costs for the removal of 380 average-size
private trees. Property owners will reimburse the entire cost for private tree removals. In 2003,
there were 465 trees removed in St. Louis Park by a contractor due to Dutch Elm disease.
The approved bid prices will also be used to calculate costs in cases where property owners
refuse to comply with the official removal notice. In all other cases, homeowners will still be
allowed to solicit their own private bids and may choose to have the work performed by a
different licensed contractor at their expense.
Bid Analysis: Bid packages for the 2004 private diseased tree removal contract were mailed out
in early January to eleven tree firms. Bids were opened on February 20, 2004 at City Hall. Three
bids were subsequently received in the amounts as follows:
Emery’s Tree Service, Inc. $ 155,400.00
Precision Tree & Landscape, Inc. $ 204,514.00
S & S Tree & Horticulture, Inc. $ 207,185.00
Recommendation: City staff is recommending Emery’s Tree Service, Inc. as they have
successfully performed four previous private diseased tree removal contracts for the City.
Prepared by: James Vaughan, Environmental Coordinator
Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4i - Arbotect Elm Tree Injection
Page 1 of 1
4i. Motion to designate Rainbow Tree Care, Inc. as the lowest responsible bidder and
to authorize execution of a contract for the 2004 Arbotect 20-S Elm injection
program at a cost of $9.50 per diameter inch.
Background: Since the inception of the program in 1990, the City has promoted public
participation in a program designed to proactively treat healthy American Elms. A specialized
chemical injections of Arbotect 20-S, a fungicide, is used in an effort to preserve the
community’s urban forest. When this chemical is properly applied in an on-going three-year
cycle, it effectively prevents the infection of Dutch Elm Disease in approximately 99% of the
treated trees. Since the program’s inception, the City has subsidized more than 5,000 tree
injections.
As in previous years, the City is expecting more than 300 requests for tree injections. Previously
the City subsidized 40% of the cost for trees on private property and 60% of the cost for trees on
public boulevards, which abut private property. This year, the City will subsidize 40% of the cost
for trees on private or public property. This change in subsidy reflects 2003 budget cuts
implemented in 2004. The net cost of this program is expected to be approximately $33,000
(decreased $11,000 from 2003) which is included in the 2004 Environmental Division budget.
Bid Analysis: Bid packages for the 2004 Arbotect 20-S Elm Injection Program were mailed out
in late December to three tree firms. Bids were opened January 30, 2004 at City Hall. One firm
submitted a responsive bid, with the amount shown as follows:
Rainbow Tree Care $9.50 per diameter inch
The $9.50 per diameter inch bid represents a $.70 per inch increase from the previous year’s
contract, however Rainbow’s 2003 contract was unchanged from 2002 (their contract price had
not changed for two years).
The apparent low bid is a bargain for elm tree owners. If a private homeowner were to contract
for Arbotect injections on their own, they would pay twice the rate the City receives. It appears
that the City’s bid, based upon a volume price, is extremely competitive. Since the inception of
the program, Rainbow Tree Care has conscientiously and successfully performed all the City’s
Arbotect injection contracts.
Recommendation: Staff recommends approving Rainbow Tree Care, Inc. as the lowest
responsible bidder and authorizes staff to execute a contract for the 2004 Arbotect 20-S Elm
Injection Program as a cost of $9.50 per diameter inch.
Prepared by: Jim Vaughan, Environmental Coordinator
Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 4j - Planning Commission Minutes of Feb. 4, 2004
Page 1 of 3
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
February 4, 2004--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Ken Gothberg, Claudia Johnston-Madison,
Dennis Morris, Carl Robertson, Jerry Timian
MEMBERS ABSENT: Michelle Bissonnette
STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells
1. Call to Order – Roll Call
Chair Robertson welcomed newly-appointed Commissioner Claudia Johnston-
Madison to the Planning Commission.
2. Approval of Minutes of January 21, 2004
Commissioner Carper said that the following correction should be made to page
10, paragraph 4 regarding the vote for Case No. 03-78-S (2545 Huntington plat
and variance): He did not abstain. The motion passed 5-0.
Chair Robertson said a correction should also be made to the last sentence of page
10, paragraph 3 regarding Case No. 03-78-S (2545 Huntington plat and variance),
clarifying that he would like the project to go forward. The minutes should also
be amended to indicate that Chair Robertson would like to restudy the ordinance
on its own merit at a future date, and not as a means to make this project work.
Commissioner Gothberg moved approval of the minutes of January 21, 2004 as
amended. The motion passed 6-0.
3. Hearings
A. Case No. 04-01-ZA—Proposed amendments to St. Louis Park Ordinance
Code (Zoning) relating to Section 36-80 Erosion Control and Section 36-
79 requirements for conditional use permits for fill or excavation of over
400 cubic yards.
Ms. Erickson, Planning Coordinator, presented a staff report. She explained that
the purpose of the proposed action is to consolidate into one section of the
Municipal Code all the requirements and regulations that address stormwater.
Two sections of the Zoning Code would be deleted: 1) erosion control; and 2)
conditional use permits for fill or excavation over 400 cubic yards.
Ms. Erickson said at the time the public hearing notice for the amendments was
published, staff anticipated amending Section 36-79, the Conditional Use Permit
section for excavation and fill over 400 cubic years. She said since staff now
proposes deleting that section, a new hearing notice will be published for a public
hearing on that matter.
Ms. Erickson explained that removing the sections from the Zoning Code will not
change the City’s regulation of surface water and erosion events. Instead it will
be a shift in where the controls happen. Controls will go into the Public Works’
permitting process. The permit will include a requirement of notification to
neighborhoods when there is any kind of significant truck hauling.
Commissioner Carper asked if any public hearings would occur for residents with
concerns about various activities such as hauling. Ms. Erickson said a hearing
would occur with some uses. She explained that currently many uses require
conditional use permits or PUDs. Any hauling that would be associated with a
conditional use permit or a PUD would be part of that public hearing process.
Ms. Erickson went on to say that if the activity was excavation for regular pond
maintenance or excavation for foundations or other uses not requiring a CUP,
then there would not be a public hearing. She explained that by ordinance there
will be a notice process in those situations so that affected residents would have
an opportunity to call staff to discuss their concerns.
Commissioner Carper gave an example of a recent public hearing held at the
Planning Commission for excavation at 460 Ford Road. Ms. Erickson said the
only thing that required a CUP in that project was the actual excavation itself, not
the building and in the future that type of situation wouldn’t require a public
hearing, but there would be an avenue to voice concerns directly to staff.
Janet Jeremiah, Planning and Zoning Supervisor, commented that as the public
hearing was not being held on Section 36-79 (requirements for CUPs for fill or
excavation of over 400 cubic yards) staff did not include a full analysis of the
permitting requirements that those types of uses would entail. She said,
however, the intent is to cover the issues normally discussed at the public hearing
and make sure the public hearings held before the Planning Commission are
catered to the development proposal and not just excavation types of issues. Ms.
Jeremiah said a much more detailed analysis will be provided in the staff report
for the future public hearing regarding Section 36-79. Staff is not proposing that
a recommendation be made on deleting that section at this meeting, only to direct
staff to bring back a full analysis.
Commissioner Morris commented that when the Planning Commission reviews
cases like the recent Shelard Park request for excavation, the vast majority of
residents attending the hearing have no objection to the excavation, rather the
objections are to the development. He said he thinks that may result with too
much debate before the Planning Commission about the legitimacy of a
development, as opposed to whether the excavation should be allowed. He added
that there are some legitimate debates that take place but the vast majority of
excavation requests before the Planning Commission are solely housekeeping
items. He said he understands why staff would like to remove that from the
public format into a permitting process. He suggested that triggers could be put
into the permitting process which would require public hearings for certain types
of excavation.
Commissioner Gothberg stated that most of the excavation routes under
consideration by the Planning Commission have been well developed by staff.
Only in a few instances has the Commission recommended changes. He said for
the future, depending on the volume of material moved, people who live on
proposed hauling routes should have an opportunity to attend a neighborhood
meeting as part of the permitting process.
Chair Robertson opened the public hearing. As no one was present wishing to
speak, the Chair closed the public hearing.
Commissioner Gothberg moved to recommend approval of Ordinance Code text
amendments (relating to zoning) to eliminate Section 36-80 erosion control and
defer proposed amendments to Section 36-79, requesting staff to bring back an
amendment deleting Section 36-79. The motion passed 6-0.
4. Unfinished Business
5. New Business
6. Communications
A. Recent City Council Action – Feb. 2, 2004
7. Miscellaneous
8. Adjournment
Chair Robertson adjourned the meeting at 6:22 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
030104 - 4k - Planning Commission Study Session Minutes Feb. 4
Page 1 of 2
OFFICIAL MINUTES
STUDY SESSION
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
February 4, 2004—6:25 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Ken Gothberg, Claudia Johnston-Madison,
Dennis Morris, Carl Robertson, Jerry Timian
MEMBERS ABSENT: Michelle Bissonnette
STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells
OTHERS PRESENT: Michael Noonan, Rottlund Homes
Tim Whitten, David Bernard Builders
1. Discussion of process to be used to evaluate proposed preliminary plat and PUD for the
Quadion site.
Ms. Erickson said that the developer, Rottlund Homes, is proposing to present two alternative
plans for preliminary plat and PUD approval at the February 18 Planning Commission public
hearing. Staff and the developer thought it would be worthwhile to discuss the process at study
session, since this is unusual. The developer has been encouraged by the City Council to
include the development of four lots along Oxford Street into the development. The developer
is purchasing two of the lots which are already owned by Quadion. The developer has continued
to pursue the purchase of the remaining two privately owned properties. The developer needs
preliminary approval of the PUD and plat prior to closing on the Quadion property, and because
the closing date is set for mid March, the developer is proposing to submit two alternative plans.
This is a way that the closing issues and timing can be resolved.
Ms. Erickson stated that the City Attorney has said a dual approach is acceptable where the
Planning Commission will discuss merits of both alternatives, and make recommendations for
both alternatives for preliminary plat and PUD. She displayed a design board illustrating the two
alternatives but noted the design discussion will take place at the public hearing.
Michael Noonan, Rottlund Homes, discussed the negotiation process for the two properties.
Commissioner Morris asked how the applicant can make an application to develop property it
doesn’t own.
Ms. Jeremiah responded that the City Attorney has assured staff that the Planning Commission
can hear the request as proposed. However, preliminary approval can’t be made by the City
Council unless the properties in Alternative 1 have been purchased or the City has adopted a
resolution commencing action to do so, such as occurred with the Pointe West Commons
development.
St. Louis Park City Council Meeting
030104 - 4k - Planning Commission Study Session Minutes Feb. 4
Page 2 of 2
Commissioner Morris asked why the PUD couldn’t be phased.
Ms. Erickson said part of the proposed process is related to a possible vacation of an alley which
would change the plat.
Commissioner Morris asked if a private easement right could be created instead.
Ms. Erickson said that changes in road location would affect the design.
Commissioner Morris said his conflict is with the position of the property owner. He said he
doesn’t think the Commission should make a decision about using other people’s property based
on economic issues of the developer.
Ms. Jeremiah responded that the City is proposing the process based on a belief that it is more
desirable from a public benefit perspective to have the four properties included. She commented
on not wanting to miss an opportunity to continue towards a design in keeping with the overall
goals for that area.
Michael Noonan noted that there is less economic benefit to Rottlund in including the four
properties. However, they agree it is a better plan if the properties are included.
Chair Robertson asked if there would be a replacement low income housing component in the
development. Ms. Erickson said in the elderly rental portion there has been discussion to do a
least a portion of that as low income, so there would be more than a replacement.
Chair Robertson asked if there was a need for the Planning Commission to approve both
alternatives in order for it to move to City Council, given that the Commission is a
recommending body.
A discussion followed about options and timing.
Ms. Jeremiah said that staff will have recommendations and it is up to the Planning Commission
to decide on their recommendations as well.
There was general agreement with the proposed process of evaluating the preliminary plat and
PUD for both alternatives.
Chair Robertson adjourned the meeting at 7:05 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
030104 - 4l - Telecommunication Commission Mintues of 12-4-03
Page 1 of 4
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF DECEMBER 4, 2003 AT 7:00 P.M.
ST. LOUIS PARK CITY HALL, WESTWOOD ROOM
MEMBERS PRESENT: Bruce Browning, Dale Hartman, Ken Huiras, Bob Jacobson, Mary
Jean Overend, Rolf Peterson
Rick Dworsky arrived at 7:05 p.m.
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community
TV Coordinator; and Linda Samson, Recording Secretary
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator
1. Call to Order
Chair Huiras called the meeting to order at 7:02 p.m.
2. Roll Call
Present at roll call were Commissioners Browning, Hartman, Huiras, Jacobson, Overend,
and Peterson. City Staff Reg Dunlap and John McHugh, and Recording Secretary Linda
Samson.
3. Approval of Minutes for October 23, 2003
It was moved by Commissioner Browning, seconded by Commissioner Jacobson, to
approve the minutes of October 23, 2003 without changes.
The motion passed 6-0.
4. Adoption of Agenda
Chair Huiras requested that the following be added to Item 5, Old Business: 5B Victory
Sports Update; 5C By-laws Review; 5D EAS Test Update.
It was moved by Commissioner Browning, seconded by Commissioner Jacobson, to
approve the agenda as amended.
The motion passed 6-0.
5. Old Business
5A Renewal Update
John McHugh said the meeting with the attorney has been postponed for a short time.
Mr. McHugh said Staff has received some model franchise language, and comments were
St. Louis Park City Council Meeting
030104 - 4l - Telecommunication Commission Mintues of 12-4-03
Page 2 of 4
received from Time Warner Cable (“TWC”) on business points that had been exchanged
earlier. Mr. McHugh commented that the Commission will need to hold a public hearing
as part of the renewal proceeding at their first 2004 meeting. One of the issues being
discussed is making any renewal “technology future-proof” so that the City won’t be on
the tail end of technology upgrades as it was this time around. If TWC is reluctant to
include upgrade provisions similar to those proposed by staff, a 10-year renewal is more
likely than the 15-year term TWC wants.
5B Victory Sports Update
Chair Huiras said he would like to see Victory Sports on the channel line up, that it would
be a competitive advantage over satellite programmers. Mr. Mattern said TWC would
like to put this expensive sports channel on a digital tier because not all subscribers want
this kind of programming. Mr. Huiras asked how much Victory Sports and Fox Sports
cost, since Fox was involved in the same sort of negotiations a year ago. Mr. Mattern
said that Fox Sports cost $1.75 per customer and Victory proposed $2.20 per customer.
5C By-Laws Review
Reg Dunlap said he has not received an update from City Clerk Cindy Reichert.
5D EAS Test Update
Chair Huiras said he checked his digital tier during the Emergency Alert System
(“EAS”) testing, however, there was no voice message or picture—nothing. Chair Huiras
reported that on the lower analog tier, channel 11, the screen went blank and he heard the
announcement perfectly well. Mr. Dunlap said he received an email from TWC’s
Network Operations Manager Bernie Doffing and was informed that emergency
messages will not be heard on the digital tier. In an email dated November 5, 2003, Mr.
Doffing indicated he will provide details on how to utilize the federal EAS which would
allow emergency messages to be heard on the digital channels.
Chair Huiras recommended requesting further information from Mr. Doffing on how to
access and test, and for this item to appear on a future agenda.
Mr. Dunlap requested that before TWC purchases a digital channels solution for St. Louis
Park, if needed, to talk to the City cable office first; and Arlen Mattern agreed.
6. New Business
6A Time Warner information on new cable rates and/or changes in the channel line
up
Mr. McHugh distributed a list of TWC 2003 and 2004 cable rates. Mr. McHugh
expressed two concerns about the prices and changes listed by TWC, i.e., he does not see
St. Louis Park City Council Meeting
030104 - 4l - Telecommunication Commission Mintues of 12-4-03
Page 3 of 4
listed non-addressable converters and Digital TV Cable Cards (see the attachment to the
November 26, 2003 letter to Mr. Dunlap from Mr. Mattern) listed with all the other
equipment choices and charges; and, are TWC channels 23 and 73 both leased access
channels? Mr. Mattern replied that those channels are leased access, and they carry a
variety of program sources.
Commissioner Jacobson inquired about the accuracy of channel line ups, and Mr. Mattern
said TWC does it’s best to make it accurate, but that it is a time consuming and very
detailed task.
Mr. Dunlap suggested placing the access fee at the top with the basic cable charge since it
is part of the basic and standard cable fee, and suggested it be regrouped for the next
publication.
Commissioner Jacobson said he wants all services to be identified.
6B Work Plan for 2004
Commissioner Overend thinks a small group of people should work on the issue of
requesting customers’ Social Security numbers.
Commission Jacobson would like to publicize that St. Louis Park has public access. The
Commission will plan to discuss it at the first meeting. The Commission will also discuss
draft renewal and renewal hearing franchise.
Commissioner Overend mentioned a large grant for the Jewish Community Center from
Park Nicollet and the federal government. She would like to get the message out about
various services and how best to do that.
Other topics for the Commission work plan include the Pasadena Decision, the operations
grant for School District 283, the TWC $100,000 equipment grant for local cable
channels, due on January 1, 2004, and the City Cable TV office’s five-year budget plan.
6C Set Meetings for 2004
The meetings for 2004 are scheduled for:
Thursday, February 12
March (meeting pending with the City Council at a Study Session)
Thursday, May 6
Thursday, August 19
Thursday, October 21
Thursday, December 2
St. Louis Park City Council Meeting
030104 - 4l - Telecommunication Commission Mintues of 12-4-03
Page 4 of 4
For the February 12th meeting, the Commission plans to discuss franchise renewal (a
public hearing), issues and concerns regarding Social Security numbers, review by-laws,
the Emergency Alert System, the Pasadena Decision, and elect officers for 2004. For
May 6th, School District #283 grant and the Senior Summit. For August 19th, public
access and the City Cable Office’s five-year budget. For October 21st and December 2nd,
discuss the TWC franchise and new prices and services.
7. Reports
7A School District Quarterly Programming Report
The Commissioners thought the report was well done.
Commissioner Overend said that the voice level during School Board meetings is very
low and can hardly be heard.
Mr. McHugh noted and inquired about the absence of programming regarding the junior
high and Aquila Elementary; and he asked where the two UPSs are. Mr. Dunlap said he
would follow up with the School District on these comments.
Commissioner Jacobson asked what can be done to get more people involved in public
access and programming, and would like to have this placed on an agenda for future
discussion.
8. Communications from the Chair
Commissioner Peterson was recognized for his successful election to the School Board.
9. Communications from City Staff
Mr. Dunlap asked Mr. Mattern about the recent software upgrade TWC had made; Mr.
Mattern said the upgrades were to the billing system, not the cable service delivery
systems.
10. Adjournment
Chair Huiras adjourned the meeting at 9:10 p.m.
Minutes prepared by: Respectfully submitted by:
Linda Samson Reg Dunlap
Recording Secretary Civic TV Coordinator
St. Louis Park City Council Meeting
030104 - 4m - Human Rights Minutes of 1-21-04
Page 1 of 3
City of St. Louis Park
Human Rights Commission
Minutes – January 21, 2004
Westwood Room, City Hall
Call to Order
Chair Armbrecht called the meeting to order at 7:05 p.m.
Present
Commissioners: Matthew Armbrecht, Kristen Edsall, Julie Kirsch, Annie Gaffney, Kristi
Rudelius-Palmer, Kristin Siegesmund
Staff: Martha McDonell, Commission Liaison; Officer Troy Peek, and Captain Mark Ortner
Guest: Louisa Hext, Jewish Community Action
Approval of Agenda
Ms. McDonell suggested removing the in-house soccer update from the agenda. The agenda was
approved.
Approval of Minutes
The minutes were approved with a minor change.
Commissioner Report
Ms. Kirsch gave a report on the caller who had issues with employer discrimination. She
encouraged the caller to pursue the matter with the State Department of Human Rights.
Ms. Rudelius-Palmer reported that the MN League of Human Rights Commissions is sponsoring
a Time to Talk forum.
Old Business
A. INS City Separation Ordinance
Louisa Hext from Jewish Community Action was present.
After the presentation by Ms. Hext, the commissioners asked questions and had some discussion
on the need for the ordinance. Mark Ortner reported that it is not current practice for police
officers to ask for citizenship or visa documentation when someone is stopped on a police call or
when someone reports a crime. He reported that the only time that St. Louis Park police
officers call the INS to gather information occurs when the person has no means of identification
at all. The commissioners wanted to know if the police department had a written policy that
St. Louis Park City Council Meeting
030104 - 4m - Human Rights Minutes of 1-21-04
Page 2 of 3
outlined when or when not to call the INS for information. Mark Ortner said he didn’t believe
there was a written policy, but that he would check. Mark Ortner reported that the number of
times that this occurred, calling the INS for identification, was less than 5 or 6 times a year.
The commissioners, after hearing Mark Ortner’s information, discussed the need to pursue the
ordinance in our city. They felt that more research should be done to see if indeed a problem
exists or was perceived as a problem by the immigrant community. On the positive side, they
thought that the ordinance may have an effect on making people feel welcome and safe in our
city to report crimes. The passage of the ordinance would have to be supported by
comprehensive community education. On the negative side, the passage of the ordinance might
give the community the impression that it was passed to remedy a problem that may not have
existed.
In wrapping up the discussion, the commissioners saw the need to check with partnering
organizations such as Jewish Community Services and other non profits to ascertain if they
would support such an ordinance. They felt they might consider the ordinance for city staff and
police staff separately. The commissioners agreed to take their time gathering more information
on the subject before making a decision to propose the ordinance to city council. Matt
Armbrecht, the commission chair, agreed to lead the research effort on this topic.
B. New Police Liaison
Ms. McDonell reported that she had typed up a description for the liaison position and sent it to
the Police Department for review. She then introduced Captain Mark Ortner who confirmed that
he reviewed the description and felt that it was feasible. Captain Ortner introduced Officer Troy
Peek who was interested in the liaison position. Captain Ortner also stated that Sgt. Dave
Schumacher was interested as well.
Ms. McDonell felt that a sense of connection was what the commission was hoping to establish.
She stated that she would forward meeting minutes to the liaisons. She added that liaisons are
not expected to attend every meeting.
Ms. Rudelius-Palmer inquired if there is human rights training incorporated into the orientation
of new officers. Captain Ortner responded that they revisit bias training on a yearly basis. He
stated that they have brought the training program in-house.
C. Year End Review of Work Plan
The item was deferred to the next meeting.
D. Audit Committee Report on Survey Draft
Ms. Gaffney reported that she had not received the draft from the consultant. Ms. McDonell
expressed her concerns about issuing payment to the consultant by April. Ms. Rudelius-Palmer
would like to look at a final version of the survey at the next meeting. Ms. Siegesmund wanted
St. Louis Park City Council Meeting
030104 - 4m - Human Rights Minutes of 1-21-04
Page 3 of 3
to discuss distribution methods. Ms. Rudelius- Palmer suggested a committee meeting prior to
the next regular meeting to have a draft of an implementation plan.
E. 2004 Student Essay Contest Promotion
Ms. McDonell asked Ms. Gaffney to help with the student essay.
New Business
A. 2003 Year End Report of Hate Crimes
Ms. McDonell reported that five hate crimes occurred throughout the year. She stated that one
was considered an incident because it only involved printed flyers. Ms. McDonell informed the
commission that the Police Department is now aware that the commission had not received any
of the 2003 hate crime information and they would be set up a process to ensure receipt of the
reports in 2004.
Ms. Rudelius-Palmer inquired if all the hate crimes have been sent to the State and Ms.
McDonell reported that they had.
Set Agenda for Next Meeting
The following items were placed on the next agenda:
Survey Distribution
Year End Report to Council
Student Essay Contest
Audit Committee Report
Adjournment
It was motioned by Ms. Edsall, seconded by Ms. Gaffney, to adjourn the meeting. Motion
passed 6-0.
Respectfully submitted,
Kim Olson
Recording Secretary
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 1 of 9
6a. Public Hearing to Consider Allocation of 2004 Community Development Block
Grant Funds
Resolution approving the proposed use of $240,406 of 2004 Urban Hennepin County
CDBF Funds, reallocation of 2002 funds, and authorizing execution of Subrecipient
Agreement with Hennepin County and any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving proposed use of funds for 2004 Urban
Hennepin County Community Development Block Grant funds,
reallocation of 2002 funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related
Third Party Agreements
Background:
The City will receive approximately $240,406 in federal CDBG funds in 2004 through Hennepin
County. The national objectives of the program are:
• Benefit low and moderate-income persons (moderate is defined as up to 80% of median
income or $54,400 for a family of four, and low is defined as up to 50% of median income or
$38,450 for a family of four in 2003).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
Over the past several years, the City Council has focused CDBG funds to support capital hard
cost activities (sticks and bricks) with a small portion for multifamily related support services.
The emphasis has been to address improvements to the housing stock for low-income families,
both single-family owners and multifamily tenants.
2004 CDBG Allocation of Funding:
The City is expected to receive $240,406 in 2004 CDBG funds. As was discussed during the
City Council study session on February 23, 2004 the proposed funding allocations would
continue the Council’s focused approach for expending CDBG funds and meet the program’s
national objectives. During the study session the Council also indicated that, in the future,
alternate sources of funding should be pursued to assist in funding the TRAIL’s program. The
Housing Authority of St. Louis Park discussed the proposed allocation at its February 11, 2004
Board meeting.
Based on the February 23, 2004 study session discussion, the Council is asked to approve the
following use of 2004 Community Development Block Grant funds. Additional detailed
information regarding the proposed allocation is provided in the attached staff memo from the
February 23, 2004, study session.
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 2 of 9
Activity Budget
Multifamily Rehab - Perspectives $57,500
Single Family Emergency Repair Program $45,500
Scattered Site Acquisition $62,506
Public Service
Hamilton House Social Service Coordinator $3,900
TRAILS – Family Self Sufficiency Program $13,500
St. Louis Park Emergency Program - Site Acquisition $57,500
Total $240,406
Reallocation of 2002 Funds
At the Study Session of February 23, 2004, the City Council reviewed the proposed reallocation
of 2002 grant year funds in the amount of $237,433 to ensure expenditure of funds within the
2002 grant year timeframe.
• The 2002 funds from scattered site acquisition/demo ($237,433) will be reallocated to the
Wayside House Improvements ($45,200), Single Family Rehabilitation Deferred Loans,
($137,033), Social Service Coordinator at Hamilton House ($4,000) and TRAILS Self
Sufficiency Program ($7,300), and Single Family Emergency Repair Program ($43,900).
Next Steps:
After the public hearing on March 1, 2004, and authorization of the proposed CDBG funding by
the Council, staff will submit the Request for Funding to Hennepin County.
Recommendation:
Motion to adopt the Resolution approving the proposed use of 2004 Urban Hennepin County
Community Development Block Grant funds and proposed reallocation of 2002 funds, and
authorizing execution of Subrecipient Agreement with Hennepin county and any related Third Party
Agreements.
Attachments: Resolution
February 23, 2004 Study Session Memo regarding CDBG Funds for 2004
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 3 of 9
RESOLUTION NO. 04-032
RESOLUTION APPROVING PROPOSED USE OF FUNDS FOR 2004
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FUNDS, REALLOCATION OF 2002 FUNDS,
AND
AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community
Development Block Grant program; and
WHEREAS, the City of St. Louis Park developed a proposal for the use of 2004 Urban
Hennepin County CDBG funds made available to it; and
WHEREAS, the City of St. Louis park held a public hearing on March 1, 2004 to obtain
the views of citizens on local and urban Hennepin County housing and community development
needs and priorities for the City’s proposed use of $240,406 from the 2004 Urban Hennepin
County Community Development Block Grant.
BE IT RESOLVED, that the City Council of St. Louis Park approves the following
projects for funding from the 2004 Urban Hennepin County Community Development Block
Grant Program and authorizes submittal of the proposal to Hennepin County.
Activity Budget
Multifamily Rehab - Perspectives $57,500
Single Family Emergency Repair Program $45,500
Scattered Site Acquistion $62,506
Hamilton House Social Service Coordinator & TRAILS
Family Self Sufficiency Program
$17,400
St. Louis Park Emergency Program - Site Acquisition $57,500
Total $240,406
BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the
reallocation of Community Development Block Grant funds by reallocating 2002 funds as follows:
$237,433 from the scattered site acquisition project, to approved existing projects: single family
emergency repair program, $43,900, Wayside House $45,200 single family rehab deferred loan
program $137,033 and Public Service at Hamilton House and TRAILS Self Sufficiency program
$11,300.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the
Mayor and its City Manager to execute a Subrecipient Agreement and any required Third Party
Agreements on behalf of the City to implement the 2004 CDBG program.
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 4 of 9
Reviewed for Administration:
Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 5 of 9
FEBRUARY 23, STUDY SESSION REPORT:
3. Grant Year 2004 Community Development Block Grant (CDBG) Funds
and 2003 Housing Rehab Activity
PURPOSE OF DISCUSSION:
Staff would like to discuss with the City Council and receive direction on CDBG funding
priorities for the 2004 CDBG program that runs from July 1, 2004 through December 31, 2005.
A review of 2003 CDBG activity and a recap of 2003 housing rehabilitation activity is attached
for your information.
BACKGROUND:
The City will receive approximately $240,406 in federal CDBG funds in 2004 through Hennepin
County. This allocation reflects the nationwide decrease of CDBG funds; funding levels for St.
Louis Park have declined every year since 1999 - from $280,000 to $240,000 in 2004. The
national objectives of the program are:
• Benefit low and moderate-income persons (moderate is defined as up to 80% of median
income or $54,400 for a family of four, and low is defined as up to 50% of median income or
$38,450 for a family of four in 2003).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
Over the past several years, the City Council has focused CDBG funds to support capital hard
cost activities (sticks and bricks) with a small portion for multifamily related support services.
The emphasis has been to address improvements to the housing stock for low-income families,
both single-family owners and multifamily tenants.
1. PROPOSED 2004 CDBG ALLOCATION
The proposed activities for the allocation of CDBG funds reflect the priorities described in
Vision St. Louis Park and the Economic Development Strategic Plan for Housing and Business
and continue the emphasis of expending funds on capital hard cost activities.
Table 1: Proposed 2004 Allocation: Includes City Admin Cost
Project Activity Project
Amount
City
Admin
Proposed
Allocation
Multifamily Rehab – Perspectives Supportive Housing $50,000 $7,500 $57,500
Emergency Repair Program – Single Family $40,000 $5,500 $45,500
Scattered Site Acquisition $54,206 $8,300 $62,506
Social Service Coordinator Hamilton House & Family
Self Sufficiency Program.
$15,000 $2,400 $17,400
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 6 of 9
Assist St. Louis Park Emergency Program with Site
Acquisition
$50,000 $7,500 $57,500
Total $209,206 $31,200 $240,406
Multifamily Rehab - Perspectives Supportive Housing Improvements $57,500
This project is consistent with the focus of CDBG funds to assist with capital improvements of
housing for low-income residents. Perspectives Supportive Housing Program purchased and
rehabbed 2 apartment buildings at 2759 and 2765 Louisiana Court in 2002-2003 to provide
permanent housing for their program graduates. St. Louis Park provided $35,000 in CDBG
funds toward the total project cost of $2,200,000. Minnesota Housing Finance Agency
(MHFA), Hennepin County Affordable Housing Incentive Account, HUD and private sources
provided the remaining funding. Perspectives ran into several unexpected costs during the rehab
from substantial water damage that was not initially detected. Perspectives depleted their
contingency funds and received an additional $30,000 from MHFA to complete the immediate
improvements.
Since completion of the rehab, two potential serious problems will get worse if not addressed in
the near future. The roof on 2765 Louisiana Court is leaking and needs to be replaced; several
windows and patio doors at both buildings need to be replaced along with a leaking water heater
that is not expected to last much longer. Perspectives has depleted their reserves and MHFA
cannot provide additional funds so Perspectives is seeking CDBG funding of $50,000 for the
needed repairs.
• A note regarding Oprah Winfrey Angel Network grant of $100,000 to Perspectives.
Perspectives verified that they will be the recipient of a $100,000 grant from the Oprah
Winfrey Angel Network. Perspectives submitted an application to the Foundation for a grant
to fund their after school Kids Connection program. The grant will reimburse them for
program expenses directly benefiting children in the program. The grant is for a period of 1
½ years and examples of eligible expenses include food, transportation and program
materials. The use of the funds is very restrictive and only direct client expenses are
eligible.
Emergency Repair Program – Single Family $45,500
This program is consistent with the Council’s focus on stick and bricks and has proven its
responsiveness to low income seniors and vulnerable residents with annual incomes of 50% or
less of the median area income, ($26,850 for a single household) and assets less than $25,000,
and provides grants of up to $4,000 for emergencies such as leaking roofs and water heaters.
Community Action for Suburban Hennepin County (CASH) currently administers this program
for the City. Ten residents would be served with this allocation. Re-allocation of 2002 funds
would provide additional funds for this program to maintain current level of service as noted
later in this report.
Scattered Site Acquisition $62,506
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 7 of 9
This project could remove blight, improve a substandard home and provide a new affordable
ownership opportunity when the Home Renewal Program is not feasible. The county is now
requiring that 20% of scattered site acquisition dollars be used for affordable housing projects.
Both Habitat for Humanity and the West Hennepin Community Land Trust have indicated an
interest in partnering with the City in acquisition of properties that would be rehabilitated as
single-family affordable owner occupied homes and would meet the County’s affordability
requirement. This funding could be shifted to assist with affordable multifamily development if
the situation arises. Direction from the Council would be sought when properties are identified
for development.
Social Service Coordinator Hamilton House & Family Self Sufficiency Program $17,400
The purpose of this activity is to provide an on-site social service coordinator for residents
(seniors and adults with disabilities) at St. Louis Park Housing Authority’s Hamilton House and
self-sufficiency support to Section 8 and Public Housing residents. STEP will be the provider of
the coordinator services at Hamilton House. The Family Self Sufficiency program assists
Section 8 and Public Housing tenants to gain self-sufficiency, the Public Housing program has
provided funding for this program and it has been discontinued by HUD. Currently 42 families
are participating in this program with results that lead to full employment, family stability and
homeownership.
Assist St. Louis Park Emergency Program (STEP) with Acquisition of Building $57,500
CDBG funds of $50,000 are proposed to assist STEP with the purchase of a building for the food
shelf and emergency services and counseling for low-income residents. STEP’s Board is in the
process of developing a relocation plan and is being advised that purchase of a building would be
cost effective and provide a permanent space for their activities. City staff continues to meet
with STEP, School District reps and other community stakeholders to assist STEP. In the event
STEP locates a feasible building to purchase, CDBG funds would provide “first-in” monies to
leverage STEP’s fund raising potential.
City Administrative Costs
In the past CDBG funding was fully expended for project activity and staff administrative time
was funded by the General Fund or Housing Rehabilitation Fund. Due to City budget cuts and
the adoption of the 2004 budget, staff administrative time related to CDBG activity will be
reimbursed with CDBG funding and accounts for approximately 13% of allocation, resulting in
the redirection of approximately $30,000 from project activity to City administrative costs.
2. PROPOSED REALLOCATION OF 2002 FUNDS $227,433
The CDBG funding cycle results in expenditures from 3 grant years in any given calendar year.
Reallocation of funds from one grant year to another allows the flexibility to ensure community
St. Louis Park City Council Meeting
030104 - 6a - Public Hearing 2004 CDBG Allocation
Page 8 of 9
needs are met as they arise. Staff suggest that re-allocation of 2002 funds be included with the
2004 grant year resolution.
There is a balance of $227,433 for scattered site acquisition activity that will not be expended as
required by June 2004. It had been anticipated that these funds would be used to assist in the
removal of blighted properties. However, blight removal of two properties was completed with
private funds and CDBG funds were unnecessary. Securing blighted or distressed properties for
the Home Renewal program has become increasingly difficult as the single family sales market
has resulted in a high level of private activity to rehab and renovate potential program homes.
The following activities can expend funds by June 2004.
Table 2: 2002 Proposed Reallocation: Includes City Admin Cost
Project Activity Project
Amount
City
Admin
Reallocation
Amount
Wayside House - Multifamily $40,000 $5,200 $45,200
Single Family Rehab Deferred Loan
Program
$137,033 $0 $137,033
Social service coordinator at Hamilton
House
and Family Self Sufficiency Program.
$10,000 $1,300 $11,300
Emergency Repair Program - Single family $30,000 $3,900 $33,900
Total $217,033 $10,400 $227,433
Wayside House Improvements $45,200
Wayside provides supportive housing to recovering chemically dependent low-income women,
or women and their children. Wayside House began renovations to their apartment buildings at
1341 and 1349 Jersey in 2003 and received $80,000 of CDBG funds for renovations. Despite
funding from MHFA, the Family Housing Funds and Hennepin County, the current rehab project
is short funds. The additional $40,000 will ensure completion of the project.
Single Family Rehabilitation Deferred Loans $137,033
This is the primary ongoing CDBG rehab loan program targeted for homeowners with annual
income of 50% or less of the median area income (MAI), $38,450 for a household of 4, and
assets less than $25,000. The rehab focuses on improvements to bring homes into code
compliance and provide long-term maintenance free housing. The maximum loan amount is
$20,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property
before the 15-year period expires. The county met the City’s desired production rate of 8
properties in 2003. This is an ongoing single family rehab project that is not being allocated
funds in 2004 if the reallocation is approved. The County has been administrating this program
and can technically expend the funds if they are obligated by June 2004. Since the single family
rehab deferred loan program is administered by the county, City staff time is not expended nor
reimbursed.
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030104 - 6a - Public Hearing 2004 CDBG Allocation
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Social Service Coordinator Hamilton House & Family Self Sufficiency Program $11,300
The purpose of this activity is described in the 2004 proposed allocation and is to serve Housing
Authority residents at Hamilton House and the Section 8 and Public Housing self-sufficiency
program.
Emergency Repair Program – Single Family $33,900
Re-allocation of 2002 funds would provide additional funds for this program described in the
2004 proposed allocation. It serves home owners that are primarily low income seniors and
vulnerable residents (annual income of 50% or less of the median area income, $26,850 for a
single person household and assets less than $25,000). Approximately 10 more residents would
be served with this reallocation.
City Administrative Costs
As with the 2004 allocation, staff time related to CDBG activity will be reimbursed with CDBG
funding and accounts for approximately 13% of reallocation administered by the City. Since the
single family rehab deferred loan program is administered by the county, City staff time is not
expended nor reimbursed.
NEXT STEPS
Staff requests Council direction on the proposed 2004 allocation and the reallocation of 2002
funds. The following is a schedule of action required by the City to receive 2004 CDBG funds:
February 19, 2003 Notice of public hearing is published
March 1, 2003 Public hearing; passage of Resolution outlining proposed activities
March 5, 2003 Submission of application to Hennepin County
Attachment: Status Report of 2003 CDBG Activity and Housing Rehab Activity
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
Page 1 of 13
8a. Request of TOLD Development Company for a Major Amendment to the
Park Commons East Planned Unit Development to convert four two-story
units to eight one-story units thereby increasing the number of units for Phase
NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand
Way.
Case Nos. 04-03-PUD
Lot 1, Block 1, Park Commons East 2nd Addition.
Recommended
Action:
Motion to adopt a resolution approving the Major Amendment to
the Park Commons East PUD granting Final PUD approval for
Phase NE (Excelsior & Grand Phase II) subject to conditions
included in the resolution and authorize the Mayor and City
Manager to execute amendments to the Planning Contract.
Comprehensive Plan: Commercial Mixed Use and High-Density Residential
Zoning: “M-X” Mixed Use and “R-C” High-Density Residential
BACKGROUND
In July of 2001, the City Council approved the Final PUD and plat for Park Commons East
Phase I, which is complete and almost fully occupied. Phase I includes 338 rental units and
approximately 65,000 sq. ft. of retail. When Phase I was approved, the overall “Excelsior and
Grand” (Park Commons East) project was expected to have approximately 660 housing units, of
which at least 35 were to be owner occupied, approximately 82,000 sq. ft. of retail and
approximately 37,500 sq. ft. of office. However, the overall development was approved in
concept only, and future phases were to obtain preliminary and final PUD and plat approval prior
to construction.
On September 15, 2003, the City Council approved the Final Plat and Major PUD Amendment
granting Final PUD approval for Phase II, which was identified on the 2001 PUD plans as Future
Phase NE. The Phase II approval allowed approximately 4,500 square feet of ground floor
retail/service along the town green and up to 120 condominium units with approximately 177
below-ground resident parking spaces subject to conditions. One of the conditions required
individual exterior entrances for ground floor units along Park Commons Drive and a minimum
of four two-story condominium units. The property was subsequently transferred from the St.
Louis Park EDA to TOLD, and the project is currently under construction.
Construction of the Phase II condominium building is on schedule, and sales are generally going
well. However, the four two-story condominiums are not selling. Therefore, TOLD is
requesting an amendment to convert the four two-story units to eight single-story units (for a
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
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total of 124 units). They would maintain the individual ground floor entrances on Park
Commons Drive. Therefore, the site plan and building elevations would not change (see
attachments).
On February 18, 2004, the Planning Commission held a public hearing on the proposed
amendment. No one from the public was present to speak to the item. Bob Cunningham from
TOLD Development answered some questions (see attached excerpt of unapproved minutes) and
presented a virtual tour of the proposed condominium unit type. The Planning Commission
recommended approval on a vote of 6-0 subject to the conditions recommended by staff. Those
conditions have been included in the attached resolution. If the City Council is interested, Mr.
Cunningham is willing to present the virtual tour at the City Council meeting. The presentation
takes only a few minutes.
Issue:
Ø Does the request meet the intent of the conditions of Phase II approval?
Ø Is the total number of units still within EAW parameters?
Ø Would additional parking be required?
Analysis:
Ø Does the request meet the intent of the conditions of Phase II approval?
The Phase II condition requiring the two-story units was intended to offer a variety of housing
types within the project. This was viewed as a desirable means to help meet the life-cycle needs
of the community. However, the developers have been marketing the condominium project for
almost a year and have been unable to generate interest in the two-story for-sale units. The two-
story apartment units are renting fairly well. However, prospective owners tend to view such a
significant purchase as a long-term investment. They may be concerned that at some point they
will need one-story living, or they may believe that the one-story units will have a better resale
value in an aging market. The two-story units are not as efficient, since the stairs take up living
space. Therefore, they also do not appear to be as good a value for the money. Whatever the
reason, the two-story units seem unnecessary to meet the life-cycle needs of the community,
since they are not selling. This was predicted by the market study consultant, but TOLD was
still willing to give the two-story units a try based on the direction from the City. On the other
hand, the individual exterior entrances from the street are popular and will be retained. In fact,
the prospective owner of the southeast corner unit has requested that a walk-up be added. This is
reflected in the attached site plan and elevation.
Ø Is the total number of units still within EAW parameters?
The Environmental Assessment Worksheet (EAW) for the overall project analyzed 660 units.
With the existing Phase I and proposed Phase II unit counts, the total so far would be 462. This
leaves almost 200 units for future phases, which should be adequate. However, it should also be
noted that the amount of commercial space will likely be substantially less than what was
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
Page 3 of 13
analyzed in the EAW. Therefore, if the residential numbers increase, the overall impacts may
not be greater. However, an amendment or addendum to the EAW would be recommended by
staff prior to considering any numbers that would exceed EAW thresholds.
Ø Would additional parking be required?
The four two-story units were all two-bedroom units, whereas the proposed eight one-story units
would all be one-bedroom units. Therefore, the number of bedrooms would not change. Since
TOLD’s parking analysis was accepted based upon providing approximately one underground
resident space per bedroom, staff is not recommending any change to the required parking.
Recommendation:
Staff recommends approval of the Major Amendment to the PUD to convert four two-story units
to eight one-story units thereby increasing the number of units for Phase NE (Excelsior & Grand
Phase II) from 120 to 124 subject to the following conditions:
a. Retention of the individual exterior entrances for ground floor units along Park Commons
Drive and Wolfe Parkway.
b. Retention of 177 below-ground resident spaces in Phase II.
c. Execution of amendments to the Planning Contract, EDA Redevelopment Contract, and
any other documents that may require amendment as determined by the City and EDA
Attorneys. Such amendments may be required to be executed prior to issuance of a
building permit addendum for the condominium unit changes.
d. Adherence to all other previously approved PUD and plat conditions.
Attachments:
Ø Proposed Resolution
Ø Excerpt from 2/18/04 Unapproved Planning Commission Minutes
Ø TOLD’s Application for a Major PUD Amendment (Supplement)
Ø Approved Phase II Site Plan and Elevations (Supplement)
Prepared By: Janet Jeremiah, Planning & Zoning Supervisor
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
Page 4 of 13
RESOLUTION NO. 04-033
Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, and 03-126
A RESOLUTION AMENDING AND RESTATING RESOLUTION 03-126 ADOPTED
ON SEPTEMBER 15, 2003 APPROVING AN AMENDMENT TO A FINAL PLANNED
UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “M-X”
MIXED USE AND “R-C” HIGH DENSITY RESIDENTIAL
GRANTING AMENDMENT TO A FINAL PUD TO CONVERT
FOUR TWO-STORY UNITS TO EIGHT ONE-STORY UNITS FOR PHASE NE
(EXCELSIOR AND GRAND PHASE II)
WHEREAS, Excelsior & Grand II, LLC has made application to the City Council for a
major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of
the St. Louis Park Ordinance Code to convert four two-story units to eight one-story units
thereby increasing the number of units for Phase NE (Excelsior & Grand Phase II) from 120 to
124 at 3707 and 3709 Grand Way within a M-X Mixed Use and R-C High Density Residential
Zoning District having the following legal description:
Lot 1, Block 1, Park Commons East Second Addition
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 04-03-PUD) and the effect of the proposed amendment to the
Final PUD to permit the conversion of four two-story units to eight one-story units on the health,
safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions and 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.
WHEREAS, the City Council has determined that the amendment to the PUD will not be
detrimental to the health, safety, or general welfare of the community nor with certain
contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it
seriously depreciate surrounding property values. The Council has also determined that the
proposed Final PUD is in harmony with the general purpose and intent of the Zoning Ordinance
and the Comprehensive Plan and that the requested modifications comply with the requirements
of Section 36-367(b)(5) and 36-266(16).
WHEREAS, the City Council approved the Preliminary PUD for the overall Park
Commons East redevelopment on June 4, 2001, Resolution No. 01-049; and
WHEREAS, the City Council approved the Final PUD for Park Commons East on July
23, 2001, Resolution 01-065, and
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030104 - 8a - Park Commons East PUD Amendment
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WHEREAS, the City Council adopted Resolution No. 01-091 on September 4, 2001
approving an amendment to the approved Final PUD to change the name of the north-south
Town Green streets to Grand Way and separate the plat and PUD resolutions, and
WHEREAS, the City Council adopted Resolution No. 01-146 on December 17, 2001
approving an amendment to the approved Final PUD to allow issuance of building permits for
work through January 15, 2002 prior to recording of the Park Commons East plat, easement and
planning contract, and
WHEREAS, the Final PUD approval for Park Commons East granted concept approval
only for future phases, requiring such phases to obtain subsequent Preliminary and Final PUD
approval, and
WHEREAS, the City Council approved the Preliminary PUD for Phase NE (Excelsior
and Grand Phase II) on August 4, 2003, Resolution No. 03-096; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD)
was accepted as substantially complete on August 28, 2003 from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD for Phase NE (Excelsior
and Grand Phase II) at the meeting of September 3, 2003, and
WHEREAS, the Planning Commission recommended approval of the Final PUD for
Phase NE (Excelsior and Grand Phase II) on a 6-0 vote with all members present voting in the
affirmative, and
WHEREAS, the City Council approved the Final PUD for Phase NE (Excelsior and
Grand Phase II) on September 15, 2003, Resolution No. 03-126, and
WHEREAS, the Planning Commission recommended approval of the amendment to the
Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of February 18, 2004 on
a 6-0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council considered the staff reports, Planning Commission minutes
and testimony of those appearing at the public hearing or otherwise including comments in the
record of decision, and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution Nos. 01-065, 01-091, 01-146, 03-096, and 03-126 to add the
amendment now required, and to consolidate all conditions applicable to the subject property in
this resolution, and
WHEREAS, the contents of Planning Case Files 01-07-PUD, 03-19-PUD, and 04-03-
PUD are hereby entered into and made part of the public hearing and the record of decision for
this case.
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
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CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 03-126 (filed as Document
No. 8227407) 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 the
conversion of four two-story units to eight one-story units thereby increasing the number of units
for Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand Way within
a M-X Mixed Use and R-C High Density 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, which may be amended according to the provisions of the planning
contract between TOLD and the City of St. Louis Park and to meet the conditions of
Final PUD approval.
a. to address the recommendations of the Public Works Department dated 7/3/01.
b. to address the Plumbing Inspector’s comments dated 7/2/01.
c. to preserve the trees on the north side of 38th Street (proposed Grand Place) in
front of Westmoreland Hills condominiums. (38th Street changed to Park
Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.)
d. to increase the length of the median at Market Avenue and Excelsior Boulevard
per the recommendation of the traffic consultant. (Market Avenue changed to
Grand Way per Final Plat and Condition No. 1, adopted on September 4, 2001.)
e. to meet minimum tree replacement ordinance requirements (that are not related to
a cash in lieu payment).
f. to coordinate town green and public streetscape improvements with Excelsior
Boulevard streetscape plans and input from the selected artist consultant.
g. to coordinate park edge improvements with amphitheater plans.
h. to address comments from Metro Transit regarding transit locations and
improvements.
i. to address conditions of required permits from the Watershed District, MPCA,
and City.
j. to show the names of streets as approved on the Final Plat and current names of
38th/39th Street, which may be changed later by ordinance. (38th/39th Street
changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October
3, 2001.)
k. to address final construction changes to the Phase I Official Exhibits and to adopt
Final PUD Official Exhibits for Phase II in accordance with condition 14 (adopted
on September 15, 2003).
2. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow
daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR,
building setbacks, bufferyards, and off-street parking as shown on the official exhibits
based upon a finding of general consistency with the approved Redevelopment Plan and
subject to any other conditions of final approval.
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
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3. Outdoor seating is permitted in association with restaurants and food service uses subject
to any conditions of Final PUD approval for that phase, easement provisions, health
codes, and approval of specific outdoor seating plans by the Zoning Administrator.
4. All parking shall be open to the general public at all times except as follows: on-street
parking may be restricted by the City, below-ground parking may be restricted to
building residents, and a plan for valet parking may be approved by the City.
5. If parking is deemed inadequate by the City based upon evidence of parking in fire lanes,
drive aisles or other inappropriate areas, the developer shall be required to rectify the
situation in accordance with the provisions of the planning contract.
6. Proposed “Grand Place” north of 38th/39th may be closed for events as approved by the
City. (Street names changed to Grand Way and Park Commons Drive per Final Plat and
Condition No. 1 adopted on September 4, 2001.)
7. The developer is required to comply with all provisions of the planning contract,
development agreement with the EDA, Metropolitan Council LCDA grant agreement(s),
MPCA and Watershed District approvals.
8. Specific responsibility for financing and construction of the following required Phase 1
improvements shall be addressed by the Planning Contract:
a. construction of all streets, on-street parking, and utilities, within the entire PUD
area.
b. completion of streetscape improvements, including bicycle and transit amenities,
adjacent to all Phase 1 properties and Wolfe Park.
c. construction of temporary bituminous sidewalks in accordance with a plan
approved by the Zoning Administrator.
d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the
existing trail, and construction of the park edge road, parking, approved hard
surface sidewalk between parking and trail, plantings and streetscape subject to
approved final plans.
e. construction of the entire town green from Excelsior Boulevard to Wolfe Park in
accordance with approved final town green plans with temporary sidewalks north
of 38th/39th until permanent sidewalks/streetscape are completed during
construction of each future phase. (38th/39th Street changed to Park Commons
Drive per Ordinance No. 2211-01 adopted on October 3, 2001.)
f. construction of the Phase 1 public parking ramps in accordance with approved
final plans.
g. construction of the police substation and public restrooms in accordance with
approved final plans.
h. construction of traffic improvements and installation of traffic control and
directional signage in accordance with approved final plans.
i. construction of 18 project-based two-bedroom Section 8 units in accordance with
public housing agreements.
9. Prior to any site work other than demolition for Park Commons East Phase One:
a. the Final Plat and PUD for Phase 1 shall be approved.
b. final construction documents for public infrastructure (street, underground
utilities; not streetscape) improvements shall be approved by the Public Works
Director.
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
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c. required erosion control permits, utility permits, and other required permits shall
be obtained from the City, Hennepin County, Watershed District and any other
required agencies.
d. the MPCA shall be informed of the plans to regrade the southern portion of Wolfe
Park and approval shall be received prior to regrading the park, if needed.
e. a final tree preservation plan shall be approved by the Zoning Administrator and
any necessary construction fencing shall be in place.
f. plans for maintaining access to existing private condominium parking during
construction shall be approved by Public Works and the affected property owners,
if temporary construction easements are necessary.
10. Prior to issuance of any building permits, which may impose additional conditions:
a. Evidence of recording the final plat, easements, and planning contract shall be
submitted to the City ,except that Section 14.912F of the St. Louis Park Ordinance
Code and the recording requirements are waived to allow, prior to recording of
the plat, easement and planning contract, the issuance of building permits
authorizing work through and including January 15, 2002.
b. the Indirect Source Permit shall be approved by the MPCA, if necessary.
c. A lighting and photometric plan shall be approved by the Zoning Administrator.
d. An irrigation plan shall be approved by the Zoning Administrator.
e. Exterior building material/colors shall be approved by the Zoning Administrator.
f. Final plans for a police substation and adjacent public restrooms shall be
approved by the Police Chief and Community Development Director.
11. Prior to installation of any private signage, sign permits shall be approved by the Zoning
Administrator.
12. Future phases of the Final Plat and PUD are approved in general concept only and subject
to the following conditions of approval:
a. All future phases are required to apply for subsequent Preliminary and Final Plat
and PUD approval for those phases; such Preliminary and Final approval may be
considered concurrently subject to Code and any pertinent provisions of the
development agreements.
b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be
completed during construction of each future phase.
c. A minimum of 35 stacked townhomes for owner-occupants shall be included in
Future Phase E and/or Future Phase NE; additional condominiums and changes to
proposed building height may be approved for Future Phase NE based upon
recommendations of a market study. (Amended by Condition No. 14 on August
4, 2003 and September 15, 2003.)
d. The City may consider proposals for permanent use of Future Phase W, subject to
the provisions in the existing development contract between TOLD, EDA and
City, either on its own or combined with potential redevelopment of the property
to the west. However, the City may retain the Future Phase W property
indefinitely and use it for such uses as the City may deem appropriate, including
potential transit and parking uses.
e. Variances to the 80 feet minimum lot width of the “R-C” District may be
approved subject to Preliminary and Final Plat and PUD approvals.
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
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f. Allowable Code deviations are subject to the approved Redevelopment Plan and
future Preliminary and Final PUD approvals.
g. Approval for construction of future phases is contingent upon provision of
adequate parking, which may include interim parking as approved by the City,
and must include 75 weekday and 200 evening/weekend parking spaces, in excess
of other needs of the development, for town green and Wolfe Park uses.
13. Prior to execution of the Final Plat for each subsequent phase:
a. preliminary and final plat/PUD approval shall be obtained for that phase.
b. the existing development agreement shall be amended as necessary and a new
planning contract shall be executed between the developer and City/EDA.
c. public sidewalk easements shall be approved by the City Attorney for those areas
of private development lots between the public street and building setback.
14. The Planned Unit Development shall be amended on September 15, 2003 to incorporate
all of the preceding conditions and to grant Final PUD approval to Park Commons East
Phase NE (Excelsior and Grand Phase II) subject to the following conditions:
a. The site shall be developed, used and maintained in conformance with the Phase
II Final PUD official exhibits, which shall be amended prior to signing to meet
the following conditions:
i. Double fixture lights matching Phase I shall be added as necessary to meet
light levels as required by the Public Works Director. Black light poles
shall be used along Grand Way and green poles elsewhere to match Phase
I.
ii. All plans shall reflect additional parking on the east side of Wolfe
Parkway as approved by the Zoning Administrator and Public Works
Director.
iii. Plant species east of Wolfe Parkway shall be approved by the Park &
Recreation Director.
(Amended by Condition 15 on March 1, 2004)
b. There shall be a minimum of approximately 4,500 square feet of gross leasable
ground floor retail/service space in the “M-X” District portion of Phase II.
c. There shall be a maximum of 120 condominium units and such development shall
include individual exterior entrances for ground floor units along Park Commons
Drive and Wolfe Parkway and a minimum of four two-story units. (Amended by
Condition 15 on March 1, 2004)
d. Parking shall comply with the following:
i. There shall be a minimum of approximately 177 below-ground parking
spaces for residents in Phase II.
ii. Temporary public parking on future phase NW is required to be completed
and available from May 15, 2003 until all permanent public parking is
restored and available. Future phase NW shall not be used for
construction worker parking, construction staging or construction trailers.
Alternate parking solutions will be required if adequate public parking is
not maintained at all times in accordance with PUD, redevelopment
agreement and planning contract requirements.
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
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iii. Construction worker parking and screening shall be installed on Future
Phase E in accordance with final plans approved by the Zoning
Administrator; construction worker parking shall be installed and available
prior to the start of Phase II construction or an alternate interim plan
approved by the Zoning Adminstrator. Future Phase E shall not be used
for construction staging or construction trailers. Approval of the temporary
gravel surface is contingent upon the developer maintaining adequate dust
control.
e. Prior to starting any site work, the following conditions shall be met:
i The City Attorney shall approve the association documents and other final
plat documents, which shall be signed as required.
ii. The Planning and EDA Redevelopment Contracts shall be amended to
reflect all changes as necessary to address the Phase II approvals and to
address, at a minimum, changes in the approved number of condominium
units, construction staging/routes/hours/duration, required completion of
improvements prior to occupancy and to address town green/park use,
allowable administrative amendments, revised construction
commencement/completion dates, prevention of garage space sales and
rental to non-residents, and consistency between documents as required
and approved by the City Attorney.
iii. A new sidewalk easement shall be approved by the City Attorney and
recorded against the Phase II property, and as-built Phase I drawings shall
be recorded per the executed Phase I sidewalk easement.
iv. Phase I and Phase II official exhibits shall be amended as required and
signed by the City and applicant.
v. Construction worker parking and screening shall be installed and available
for use or an alternate interim plan approved by the Zoning Administrator.
Approval of the temporary gravel surface on Future Phase E is contingent
upon the developer maintaining adequate dust control
f. The hours of Phase II 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. The Zoning
Administrator may approve outdoor construction beyond 5:00 pm weekdays and
on weekends provided the developer requests such approval at least 24 hours in
advance and, if approved, the developer is required to provide notice to neighbors
as determined by the Zoning Administrator. Construction activity shall comply
with all City ordinances at all times.
g. Prior to issuance of any Phase II building permits, which may impose additional
conditions, the following conditions shall be met:
i. color samples of all Phase II materials not used on Phase I, including a
color sample of the Phase II crown material, shall be submitted and
approved by the Zoning Adminstrator.
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
Page 11 of 13
ii. a final lighting plan shall be approved by the Public Works Director and
Zoning Administrator.
h. The developer shall pay an administrative fine of $750 per violation of any
condition of this approval.
15. The Planned Unit Development shall be amended on March 1, 2004 to allow the
conversion of four two-story units to eight one-story units for a total of 124 Phase NE
(Excelsior & Grand Phase II) condominium units and to incorporate all of the preceding
conditions and add the following conditions:
a. Retention of the individual exterior entrances for ground floor units along Park
Commons Drive and Wolfe Parkway.
b. Retention of 177 below-ground resident spaces in Phase II.
c. Execution of amendments to the Planning Contract, EDA Redevelopment
Contract, and any other documents that may require amendment as determined by
the City and EDA Attorneys. Such amendments may be required to be executed
prior to issuance of a building permit addendum for the condominium unit
changes.
d. Adherence to all other previously approved PUD and plat conditions.
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.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds of Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
04-03-PUDamend
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
Page 12 of 13
Excerpts
Unofficial Minutes
St. Louis Park Planning Commission
February 18, 2004
3. Hearings
C. Case No. 04-03-PUD—Request of TOLD Development Company for a Major
Amendment to the Park Commons East Planned Unit Development to convert four
two-story units to eight one-story units thereby increasing the number of units for
Phase NE (Excelsior & Grand Phase II) from 120 to 124 at 3707 and 3709 Grand
Way.
Ms. Jeremiah presented a staff report. She stated that Phase II approval allowed up to
120 condominium units subject to conditions. One of the conditions required individual
exterior entrances for ground floor units along Park Commons Drive and a minimum of
four two-story condominium units. She explained that construction of the Phase II
condominium building is on schedule, and sales are generally going well. She stated,
however, that the four two-story condominiums are not selling and TOLD is requesting
the amendment to convert the four two-story units to eight single-story units for a total of
124 units. Individual ground floor entrances on Park Commons Drive would be
maintained and the site plan and building elevations would not change. She presented a
before and after elevation drawing illustrating the entry stoops. Ms. Jeremiah said that
the units would then all line up and be the same type for all four stories of the building.
She said there will be ground floor entries to two other units, one of which was
anticipated at approval in September, 2003. The corner unit also requested a ground
floor entry which wasn’t anticipated and that is a change staff approved via the building
permit process, so there will be six entry stoops on Park Commons Drive providing a nice
streetscape amenity.
Commissioner Morris asked even though the conversion is from two story to one story
would all of the units still have interior access to the corridor. Ms. Jeremiah responded
that was correct, now the second story units would also have interior access to the
corridor.
Ms. Jeremiah commented that staff had looked at the intent of having the two-story units
and found they were considered desirable as a means of providing a variety of life cycle
housing opportunities for St. Louis Park residents in keeping with many of the City’s
housing goals. She explained that the developer has been marketing these units for
almost one year and has been unable to generate interest in them. Prospective buyers
might be concerned that at some time they will need one-story living. They might be
concerned about resale values in an aging demographic market. Also, the two-story units
aren’t as efficient because the stairs take up living space, so they may not be viewed as
quite as good a value. Ms. Jeremiah said that whatever the reason, they don’t seem
necessary to meet the life cycle housing needs because they aren’t selling. She added
St. Louis Park City Council Meeting
030104 - 8a - Park Commons East PUD Amendment
Page 13 of 13
that on the other hand the individual exterior entrances have been very popular and
provide diversity.
Ms. Jeremiah said staff had looked at the Environmental Assessment Worksheet
parameters to determine that the changes remain within the types of analysis that was
done for traffic and other environmental factors. The EAW analyzed a total of 660 units
overall for the 15 acre redevelopment. Ms. Jeremiah explained with Phase I and II, units
would be up to 462, so there would still be almost 200 units available for future phases,
which should be adequate. She said that the amount of commercial space has been
dropping relative to the EAW, which is probably more important from a traffic impact, so
if need be, the EAW could be re-analyzed, but that is not recommended or necessary at
this time. Ms. Jeremiah said staff also looked at whether additional parking would be
required. The four two-story units would have been two-bedroom units, whereas the one-
story units would all be one-bedroom units, so no change in number of bedrooms is
proposed overall for the project. The parking analysis was done based on the number of
bedrooms, so staff doesn’t see a change there or the need for additional parking.
Ms. Jeremiah reviewed the conditions proposed for the major amendment.
Bob Cunningham, TOLD Development, gave a slide presentation of a condominium unit
which is similar to what is currently being proposed in the PUD major amendment.
Commissioner Morris asked about storage units. Mr. Cunningham said storage is
optional in the project. He said they are finding they have ample storage and ample
parking. If they project out the last 30 units, they are about 10-12 parking stalls extra
and certainly have enough storage space to accommodate buyers.
Chair Robertson opened the public hearing. As no one was present wishing to speak, the
Chair closed the public hearing.
Commissioner Johnston-Madison made a motion recommending approval of the Major
Amendment to the Park Commons East PUD granting Final PUD approval for Phase NE
(Excelsior & Grand Phase II) subject to conditions recommended by staff. The motion
passed 6-0.
St. Louis Park City Council Meeting
030104 - 8b - Designation of Deputy City Manager
Page 1 of 2
8b. Confirmation of Appointment of Nancy Gohman as Deputy City Manager
Recommended
Action:
Motion to adopt resolution confirming the appointment of Nancy
Gohman as Deputy City Manager effective March 1, 2004
Background:
With the appointment of Thomas Harmening as City Manager, a new Deputy City Manager must
be designated. City Code Section 2-91 grants authority for the City Manager to appoint a
Deputy who will act in the Manager’s absence.
Mr. Harmening has chosen to designate Nancy Gohman, Human Resources Director, to act as
Deputy City Manager. In addition to her regular duties, Ms. Gohman will ensure efficiency of
operations by acting as City Manager should the need arise.
The adoption of this resolution by the council will confirm the City Manager’s appointment.
Attachments: Resolution
Prepared By: Cynthia Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8b - Designation of Deputy City Manager
Page 2 of 2
RESOLUTION NO. 04-034
CONFIRMING THE APPOINTMENT OF NANCY GOHMAN
TO THE POSITION OF DEPUTY CITY MANAGER
WHEREAS, St. Louis Park City Charter section 5.04 grants authority to the City
Manager to control and direct the administration of the City's affairs; and
WHEREAS, City Code Section Sec. 2-91 grants authority to the City Manager to appoint
a Deputy to act as City Manager in the Manager’s absence; and
WHEREAS, changes in the organization necessitate the designation of a new Deputy
City Manager; and
WHEREAS, In addition to her duties as Human Resources Director, the City Manager
has designated Nancy Gohman to act as Deputy City Manager in his absence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park that Human Resources Director, Nancy Gohman is hereby confirmed as Deputy City
Manager.
LET IT BE FURTHER RESOLVED that the effective date of the appointment is March
1, 2004.
Reviewed for Administration: Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030104 - 8c - Local 49 Union Agreement 2004-200
Page 1 of 3
8c. Resolution approving Local 49 Union agreement for 1/1/2004 - 12/31/2005
Approval of 2-year agreement with Local 49 Maintenance settling the City and Union
for 2004 & 2005.
Recommended
Action:
Motion to adopt a resolution approving a Labor Agreement
between the City and International Union of Operating Engineers
(IUOE), Local 49 AFL-CIO, establishing terms and conditions
of employment for two years: 1/1/04 – 12/31/05.
Background:
We are pleased to bring you a 2 year agreement with our Local 49 maintenance union. This
agreement was reached after many sessions and hours of negotiation. The previous contract was
for 3 years and it expired on 12/31/03.
The union understands that the city is in difficult financial times. Members are concerned about
many issues: wages and insurance/rising healthcare costs, lay-off, seasonal employment,
pension, and costs of healthcare for retirees.
We were pleased with the open discussion with the union. After many hours of work in
negotiations, we reached a tentative agreement with changes to the contract as follows.
• 2 year agreement
• 2004 wage increase 2% January 1, 1% July 1
• 2004 increase in employer contribution $45/mo. ($550/mo in 2003, to $595/mo. in 2004)
• 2005 wage increase 3% January 1, 2005
• 2005 increase in employer contribution same as other non-exempt employees, Comment:
The increases recommended for 2004 wage and insurance are same given to non-union
employees for wages and employer contribution. The 2005 settlement is consistent with
our other settled contract.
• Convert 2 individuals remaining on sick/vacation program to flex leave on 4/1/04.
• Eliminate funeral leave program and add 1 additional day to flex leave program to
compensate for loss of funeral leave effective 4/1/04. Employees will receive a 24 hour
funeral leave bank for this conversion. The funeral leave bank cannot be cashed out upon
separation. Comment: The elimination of funeral leave is consistent with other employee
groups on the flex leave program. Since the contract was closed for 3 years, we are now
bringing this group up to the same status on leave as other employees on flex leave.
• Eliminate restriction of 40 hours maximum use of compensatory time per year.
Comment: Language changed will make this group consistent with other employee
groups with a maximum cap allowed of 40 hours on the books for compensatory time.
• Market adjustment in 2005 for Field Supervisor, add $1.50 per hour to the base wage.
Comment: We currently have 4 Field Supervisors in this bargaining unit. After review
of the market, we found that the position was falling behind in comparison and an
additional market adjustment was needed.
St. Louis Park City Council Meeting
030104 - 8c - Local 49 Union Agreement 2004-200
Page 2 of 3
• Increase scheduled on-call supplemental pay from $180 to $220 for each week the
assignment is scheduled effective 1/1/04.
• Delete equipment no longer owned by the city from the equipment list such as: chip
spreader, snow loader, loader mounted snow blower and paver trailer.
• Change method of tracking the amount of time temporary/seasonal employees may work
from calendar year to 365 day period.
• The City and Union agree to continue to work on a VEBA or Health reimbursement
arrangement at no cost to the City.
• The City will agree to administer contributions to Local 49 Central Pension Fund, at no
additional cost to the City if agreed on by our Union members.
The proposed contract is on file with the City Clerk. More detail is available upon request.
Recommendation: It is recommended that the City Council adopt the attached resolution
approving a Labor Agreement between the City and International Union of Operating Engineers
(IUOE) Local 49, AFL-CIO, establishing terms and conditions of employment for the duration
of 1/1/04 – 1/31/05
Attachments: Resolution
Prepared by: Nancy Gohman, Human Resources Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8c - Local 49 Union Agreement 2004-200
Page 3 of 3
RESOLUTION NO. 04-035
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN
THE CITY OF ST. LOUIS PARK
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE)
LOCAL NO. 49, AFL-CIO
JANUARY 1, 2004–DECEMBER 31, 2005
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter; now therefore,
BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and
City Manager are authorized to execute a Collective Bargaining Agreement, City Contract #
between the City of St. Louis Park and Law International Union of Operating Engineers (IUOE)
Local No. 49, AFL-CIO effective January 1, 2004 – December 31, 2005.
Reviewed for Administration: Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030104 - 8d - Dispatch Consolidation Phase II
Page 1 of 6
8d. Phase II Dispatch Consolidation Study
Recommended
Action:
Motion to approve entering into a contract for professional services
with PSC Alliance for the Phase II Dispatch Consolidation Study
contingent upon receipt of written commitments from the three
other participating communities.
Background:
During a study session on 02/02/04, staff presented the final report on PSAP consolidation
completed by PSC Alliance, Inc. This report was a comprehensive, high-level analysis of the
potential for sharing dispatching services in Hennepin County. Staff proposed the City enter into a
contract with PSC Alliance, Inc. along with Richfield, Golden Valley and Brooklyn Center as a
means to further examine the feasibility of consolidation (Phase II Study) among these participants.
The City Council expressed support of such an action.
Staff from the four “Phase II” cities met on February 19, 2004 and confirmed their intent to go
forward with a detailed study of dispatch consolidation, to be completed by approximately May,
2004. A scope of work was reviewed and it was agreed that each city would pay an equal portion of
the cost of the study. The Phase II Study will focus on the following areas (see attached scope of
work for a more detailed description):
• Policy
• Operational
• Governance
• Service
• Site
• Staff, Training, & Workload
• Technical
• Financial
As was done with the initial study, St. Louis Park staff are proposing that the City execute a
contract with PSC Alliance, and invoice the other cities for their share. Each city agreed to provide
a written statement of participation as soon as their respective council schedules permit. The cost of
the study is $66,000. St. Louis Parks share would be $16,500.
Recommendation:
Recommend the council authorize staff to contract with PSC Alliance on behalf of the four
communities upon receipt of written intent to participate.
Attachments: Revised Draft Statement of Work – Phase II Study
Letter from PSC Alliance outlining cost of the study
Prepared by: John D. Luse, Chief of Police
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8d - Dispatch Consolidation Phase II
Page 2 of 6
Suggested Statement of Work
Phase 2 – Dispatch Consolidation Analysis
PSC Alliance Inc. has submitted a feasibility report setting forth Phase 1 planning considerations for public
safety dispatch consolidation in Hennepin County.
This document sets forth a proposed Statement of Work (SOW) to develop an implementation plan for
dispatch consolidation. Hereinafter in this document these work tasks are described as the Phase 2 – SOW.
Participating beneficiaries of the plan would be the cities of:
• Brooklyn Center
• Golden Valley
• Richfield
• Saint Louis Park
This Phase 2 SOW will take the project to the milestone of final community approval at the staff level for
dispatch consolidation implementation.
High Level Scope
Areas of Phase 2 exploration will include additional detailed analysis of the following factors:
• Policy: We will develop recommendations for the specific policies, missions, service goals,
and service delivery oversight expectations for consideration at the community and
department level.
• Operational: We will develop recommendations for the specific operational, logistical, and
procedural issues and will help facilitate reconciliation to implement four community dispatch
consolidation.
• Governance
Provide an analysis of governance options and recommend a governance model that would
meet individual participant needs
• Service
Identify the key areas of service delivery currently provided to internal and external
customers and show how the current levels could be maintained and/or improved in a
consolidated center.
• Site: We concur with the group’s desire to explore site options for a consolidated dispatch
center. These site options are: the three existing police facilities, new construction or
relocating to another existing building.
• Staff, Training, & Workload: We will develop recommendations after further analysis of
work load factors within each community. The intended use of this information will be to
establish future PSAP staffing levels and required staff training.
• Technical: We will assess and recommend the appropriate technical facilities (radio,
telephone, computer, etc) needed to support consolidated PSAP operation for the
participants.
• Financial: We will develop budget documents and cost apportionment formulae. Our
financial analysis will include a capital budget to undertake conversion to consolidated
status, a suggested first year’s operating budget, and an operating budget for years 2 and
3. We will prepare summary financial data that compares these projected operating budgets
with operating cost data for calendar 2003. Cost projections will be adjusted for inflation.
Our work will “drill down” into each of these factors to investigate the specific tasks described below. Our
deliverable will be a multi-agency dispatch consolidation implementation plan. The plan will be intended for
St. Louis Park City Council Meeting
030104 - 8d - Dispatch Consolidation Phase II
Page 3 of 6
local review and approval by each participating community and will include both short term (less than 5
years) and longer term (6-8 year) planning considerations.
Presentation of deliverable(s) will include the following:
a) A draft report with a comment period of ten (10) business days
b) A final report
c) Presentation of final report to the project steering committee
d) Presentation to the city council of each of the four cities
Specific Work Tasks
PSC Alliance Inc. proposes to undertake the following work tasks to complete the Phase 2 SOW:
Policy
1. Evaluate and recommend workload factors.
2. Establish expansion possibilities to position the consolidated entity to receive other cities in both the
short and longer term.
3. Recommend the organizational, management, and process structures necessary to address ongoing
service delivery issues.
4. Identify the action steps, recommended task assignments, and procurement options for a specific
implementation plan.
5. Establish timelines and schedules.
Governance
6. Identify a governance models that have been used successfully in similar consolidated dispatch centers
and recommend a model that, based on the information gathered, would best meet the needs
identified by the participants.
Service Levels
7. Identify the service impact members that each community may notice in a consolidated effort.
8. Determine the specific steps which need to be taken to maintain or enhance level of service currently
provided in each city.
9. Meet with chief or delegate for both police and fire of each agency to explore level of service desired
as part of new consolidated center
10. Provide a comparison of how consolidated service levels would compare with existing service levels of
each community and Hennepin County Sheriff’s Communications.
Operational
11. Observe current PSAP operations to understand current mission and how currently executed. (Four
hours of a shift) Recommend areas to be modeled or improved upon.
12. In each agency, ride along in squad on patrol to see overall mission of the police agency and how
dispatch currently serves field staff. Recommend areas to be modeled or improved upon as they
relate to dispatch operations.
13. Monitor police and fire radio traffic for various time frames to better understand dispatch/police/fire
current operations.
Staffing
14. Recommend staffing levels and service delivery options that impact personnel and operating costs.
15. Recommend recruitment and training policies.
St. Louis Park City Council Meeting
030104 - 8d - Dispatch Consolidation Phase II
Page 4 of 6
16. Recommend appropriate policies and procedures pertaining to staffing.
Technical
17. Inventory current capital equipment and technical connections relating to voice and data
communications.
18. Determine voice and data technology needed to satisfy political, operational and management
objectives to operate the consolidated center.
19. Determine equipment to be redeployed, modified, or enhanced.
20. Meet with current external service providers (LOGIS, Qwest, MRB/Hennepin Sheriff’s Radio) to
understand both existing equipment, connections, and fees as well as proposed at a consolidated
location.
21. Identify the legacy radio equipment which will be required to effect MRB connections.
22. Identify what telephone and other external connections will be required at a consolidated center.
23. Determine how a catastrophic failure at the consolidated PSAP is prevented and also mitigated for
immediate and long term backup. Establish backup facility and process recommendations.
24. Explore fire station alerting systems in place and determine how they fit into consolidated dispatching
scenarios.
25. Establish suggested floor plans for three PSAP scenarios.
26. Identify the changes/additions to facilities/physical plant that would be needed in existing or new
space to handle dispatching for four or more agencies.
27. Identify and recommend the connections to ancillary technical facilities such as the Metro Radio
System, LOGIS, Qwest, and the State of Minnesota CJDN.
28. Identify the single points of failure that need to be addressed with contingency plans.
29. Resolve the building control/monitoring issues existing in current PSAPs.
Financial
30. Identify line item non-labor operational costs in detail at each existing PSAP. Which costs would
continue, which would move to a consolidated operation, and which would discontinue.
31. Determine costs for consolidated operations for both short term (up-front) and long term (recurring)
operations.
32. Identify and recommend the existing technology “equity” which agencies may bring to a consolidated
effort.
33. Develop a recommendation for a consolidated PSAP financial model.
34. Develop cost sharing formulae.
35. Update data spreadsheet to generate a cost scenario that includes all four of the cities.
Cost
Pending
Cooperation
We expect that officials will:
1. Assign a primary contact who has the authority to make decisions, answer questions, and provide
general contact liaison with us on behalf of the project. This person should be able to provide the time
necessary to fulfill the liaison role, volunteering suggestions, setting up local meetings, and clarifying
our approach as necessary.
**Heather Alex and Jay Henthorne would co-manage the project.
2. Keep us aware of any change in your intentions which could affect the implementation process.
St. Louis Park City Council Meeting
030104 - 8d - Dispatch Consolidation Phase II
Page 5 of 6
3. Provide copies of documentation pertinent to our prosecution of the work to include any past technical
studies, equipment records, staff surveys, evaluations, and planning reports and permit us to contact
your telephone, computer, and two-way maintenance contractor(s) on your behalf to secure
information necessary to conduct the evaluation.
4. Inform us of known or anticipated obstacles to completing our tasks as contemplated.
5. Provide reasonable access to your facilities (to include meeting rooms as necessary), staff, and
representatives as needed to prosecute tasks set out above.
6. You agree that local officials will facilitate our access to enter upon public and private land necessary
to pursue our work. Further, if we request in writing, you will provide escort to PSC Alliance Inc. team
members to required locations to observe opening of covers, removal of panels, or otherwise expose
field conditions necessary for us to properly conduct our survey work.
7. Reasonably consider our recommendations in the execution of policy and contract award decisions.
8. We are not responsible for identifying the presence of and/or planning for designs associated with
asbestos, PCBs, and other hazardous materials.
9. Contact liaison will coordinate timely local review and approval, correction, amendment of submittals
and draft reports and forward consolidated comments from the City or partnering communities.
10. There is no requirement for short term recommendations for modification or improvement equipment
or facilities not explicitly identified in the task statements above.
Additional Work
PSC Alliance Inc. anticipates that we will undertake the work set forth herein in cooperation with the senior
staff of the affected departments and communities. We will be pleased to support local officials in other
venues and with other interest groups but have not included that work in this Phase 2 SOW. For additional
services and tasks our standard fee and expense schedule will apply (as set forth in the Phase 1 contract)
unless other arrangements have been negotiated.
St. Louis Park City Council Meeting
030104 - 8d - Dispatch Consolidation Phase II
Page 6 of 6
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 1 of 38
8e. Refunding of 1996 General Obligation Tax Increment Bonds
This action will award the sale of $7,530,000 General Obligation Tax Increment
Bonds. The proceeds of the bond sale will be placed in escrow until February 1, 2005.
At that time they will be used to payoff the 1996 General Obligation Tax Increment
Bonds.
Recommended
Action:
Motion to approve resolution sale of refunding bonds and
approve refunding escrow agreement.
Background: In 1996, the City issued $9,570,000 in General Obligation Tax Increment Bonds. The
proceeds of this bond issue were used to finance tax increment related projects as well as the Recreation
Center Project. At this time, there is $7,550,000 in outstanding bonds.
At the January 25, 2004 Council Study Session, Council expressed interest in refunding these bonds in
order to generate an approximate present value savings of $500,000 over the term of the bonds. On
February 2, 2004, Council set the sale date for the refunding bonds for March 1, 2004.
The 1996 bonds are callable on February 1, 2005 and the bond proceeds of this refunding issue will be
placed in an escrow account until that time. The bond term is 14 years and the payment of the bonds will
continue to be made from a combination of tax increments from Excelsior Boulevard, Trunk Highway 7,
and Oak Park Village tax increment districts, Park and Recreation, and the Permanent Improvement
Revolving Fund.
A draft resolution awarding the bond sale is included as an attachment. The bonds will be sold on March
1, 2004 through an open bid process. Due to this, the resolution cannot be completed until the sale is
finalized. A final resolution will be presented at the Council meeting.
In order to complete the bond refunding, it is necessary that the City and EDA agree to a tax increment
pledge agreement. This pledge agreement states that tax increment revenues generated from the Excelsior
Boulevard, Trunk Highway 7, and Oak Park Village tax increment districts will be used to repay this debt.
Bond Rating: Analysts from Moody’s Investment Services are in the process of rating this bond issue. It
is anticipated that the City will maintain the rating of Aa1.
Recommendation: Motion to adopt resolution awarding the sale of bonds, approve refunding escrow
agreement, and approve tax increment pledge agreement.
Attachments: Resolution
Refunding Escrow Agreement
Tax Increment Pledge Agreement
Prepared by: Jean D. McGann, Director of Finance
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 2 of 38
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 March 1, 2004, 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 $7,555,000 General Obligation Tax Increment
Refunding Bonds, Series 2004A.
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 were as follows:
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 3 of 38
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:
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 4 of 38
RESOLUTION NO. 04-036
A RESOLUTION AWARDING THE SALE OF $7,530,000 GENERAL
OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004A;
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
(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 (Act) and
Section 475.67, Subdivision 13 of the Act to issue and sell its general obligation bonds to refund
outstanding bonds when determined by the City Council to be necessary and desirable;
(g) it is necessary and desirable to reduce debt service costs that the City issue $7,650,000
General Obligation Tax Increment Refunding Bonds, Series 2004A (Bonds) to refund certain outstanding
general obligations of the City refund in advance of maturity and at their redemption date, the proceeds of
which have been used to pay certain costs in the Project Area;
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(h) the outstanding bonds to be refunded (Refunded Bonds) consist of the $9,570,000 General
Obligation Tax Increment Bonds, Series 1996 dated December 1, 1996, of which $7,295,000 in principal
amount is currently outstanding and is callable on February 1, 2005.
(i) 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 ________________________________________ (Purchaser) to purchase
$_______________ General Obligation Tax Increment Refunding Bonds , Series 2004A (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 of
Maturity
Interest
Rate
Year of
Maturity
Interest
Rate
2006 2013
2007 2014
2008 2015
2009 2016
2010 2017
2011 2018
2012
True interest cost: _________
1.03. The sum of $___________ being the amount bid 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 Manager 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
(Act) in the total principal amount of $_______________, originally dated April 7, 2004, 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:
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Year Amount Year Amount
2006 2013
2007 2014
2008 2015
2009 2016
2010 2017
2011 2018
2012
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 than all Bonds of a maturity are
called for redemption, the City will notify DTC (as defined in Section 8 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, 2005, 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 will appoint a bond registrar, transfer agent, authenticating agent and
paying agent (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 must keep at its principal corporate trust office 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 authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity,
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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 authenticate and 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.
(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
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any defect therein, will not affect the validity of any proceeding 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. Appointment of Initial Registrar. The City appoints the City Director of Finance, as the
initial Registrar. The City may on any date appoint a successor entity to serve as Registrar, in which event
the remainder of this Section 2.04 applies. The Mayor and the City Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct
such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The City reserves the right to
remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and
must deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Finance Director must transmit to the Registrar moneys
sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of
the City Finance Director 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. Notwithstanding such execution, a
Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this
Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on a Bond is
conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds
have been so prepared, executed and authenticated, the City Finance Director 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 2004A
Date of
Rate Maturity Original Issue CUSIP
April 7, 2004
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (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, 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, 2005, 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 City Director of Finance, as Bond Registrar, Paying
Agent, Transfer Agent and Authenticating 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 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 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.
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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 March 1, 2004 (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 and 469.178. The interest hereon is payable until the Redemption
Date, primarily out of the Escrow Account and Debt Service Account in the City's Refunding Bonds, Series
2004A 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 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.
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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 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.
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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
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.
Signature of
Date of Registration Registered Owner Officer of Registrar
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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. 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 Refunding Bonds, Series 2004A Debt Service Fund (the Fund) to be administered and maintained by the
City 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
(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 (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, 2005 (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.
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(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, 2005, in the Debt
Service Fund created by the City Council resolution authorizing the issuance and sale of the
Refunded Bonds (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 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
(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 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.
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4.05. It is determined that estimated collection of available tax increment 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 and that no tax levy
is needed at this time.
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 the proceeds of the Bonds, in the
amount of $____________ plus accrued interest on the Bonds less necessary expenses of the issuance of the
Bonds (Proceeds), together with other funds (Funds) in the amount of $________________ are hereby
pledged and appropriated and will be deposited in the Escrow Account.
5.02. It is hereby found and determined that the Proceeds and Funds available and appropriated to
the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Escrow
Account, 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 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
Manager are hereby authorized and directed to execute on behalf of the City an escrow agreement (Escrow
Agreement) with the Escrow Agent in substantially the form now on file with the Finance Director. 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.
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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.
6.02. The Mayor and City Manager 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.
6.03. 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 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.
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;
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(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 2004 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2004 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.
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 (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
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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 (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 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
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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 said resolution was declared duly passed and adopted.
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF ST. LOUIS PARK )
I, the undersigned, being the duly qualified and acting City Manager 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 March 1, 2004 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 2004A of the City.
WITNESS My hand officially as such City Manager and the corporate seal of the City this ______
day of _______________, 2004.
City Manager
St. Louis Park, Minnesota
(SEAL)
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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 March 1,
2004, relating to General Obligation Tax Increment Refunding Bonds, Series 2004A, in the amount of
$_______________, dated April 7, 2004, 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 ____________, 2004.
_____________________________
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
By___________________________
Deputy
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ATTACHMENT A
NOTICE OF CALL FOR REDEMPTION
$9,570,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996
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, 2005
all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1996, dated
December 1, 1996, having stated maturity dates of December 1 in the years 2006 through 2018, both
inclusive, totaling $7,295,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity CUSIP
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
The bonds are being called at a price of par plus accrued interest to February 1, 2005, 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 at the office of the City Finance Director, St. Louis Park,
Minnesota, on or before February 1, 2005.
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.
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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.
Dated: March 1, 2004.
BY ORDER OF THE CITY COUNCIL
By /s/ Thomas Harmening
City Manager
City of St. Louis Park, Minnesota
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REFUNDING ESCROW AGREEMENT
General Obligation Tax Increment Refunding Bonds, Series 1996
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 March 1, 2004
"Resolution Awarding the Sale of $_______________ General Obligation Tax Increment Refunding Bonds,
Series 2004A; 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 2004A" (Refunding Bonds).
2. The City has also, in accordance with the Resolution, issued and sold the Refunding Bonds in
the principal amount of $_______________, and has simultaneously invested the proceeds of the Refunding
Bonds together with other funds of the City in the amount of $________________, (i) in the amount of
$_________in 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) $9,570,000 General Obligation Tax Increment Bonds, Series 1996, dated December 1,
1996, of the City, of which $7,295,000 in principal amount is subject to redemption and prepayment
on February 1, 2005.
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
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Resolutions in the name of the City, and will collect and receive on behalf of the City 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, 2005
(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
$_____________ shall 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 shall 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 shall 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 shall immediately notify the City. The City thereupon shall 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 _______________________________,
certified public accountants, dated _________________, 20__, 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 shall 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, 2005, the Escrow Agent shall submit to the City a report covering
all money it shall have received and all payments it shall 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 shall 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 shall 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 shall never commingle such money
or securities with other money or securities; provided, however, that nothing herein contained shall 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) shall always be maintained on hand as funds held by the
Escrow Agent as trustee, belonging to the City, and a special account shall 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 shall 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 shall be impressed with a trust for the amount thereof, and the City shall 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 shall be binding upon and shall inure to the benefit of the City and the
Escrow Agent and their respective successors and assigns. In addition, this Agreement shall constitute a third
party beneficiary contract for the benefit of the holders of the Refunded Bonds and said third party
beneficiaries shall 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 shall be a party or
any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, 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 shall 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 shall
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 such resignation, a successor shall promptly be appointed by the City, and
the City Manager of the City shall immediately give written notice thereof to the predecessor escrow agent
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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 shall execute, acknowledge and deliver to
its predecessor escrow agent and to the City a written acceptance of such appointment, and shall thereupon
without any further act, deed or conveyance become fully vested with all moneys, properties, duties and
obligations of its predecessor, but the predecessor shall nevertheless pay over, transfer, assign and deliver all
moneys, securities or other property held by it to the successor escrow agent, shall 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 shall be a party or any
bank to which it may sell or transfer all or substantially all of its corporate trust business shall, 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 $_____________ as its full
compensation for its services to be performed under this Agreement.
14. The duties and obligations of the Agent shall be as prescribed by the provisions of this
Agreement and the Agent shall 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 shall 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 shall be in writing and sent by registered or certified mail addressed:
If to the City: 5005 Minnetonka Blvd.
St. Louis Park, Minnesota 55416-2216
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:
Exhibit A Federal Securities
Exhibit B Costs of Issuance
Exhibit C Notice of Call for Redemption
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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 ___
day of ________________, 2004.
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CITY OF ST. LOUIS PARK, MINNESOTA
By
Its Mayor
(SEAL)
Attest:
By
Its City Manager
(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
$9,570,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996
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, 2005
all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1996, dated
December 1, 1996, having stated maturity dates of December 1 in the years 2006 through 2018, both
inclusive, totaling $7,295,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity CUSIP
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
The bonds are being called at a price of par plus accrued interest to February 1, 2005, 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 at the office of the City Finance Director, St. Louis Park,
Minnesota, on or before February 1, 2005.
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.
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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.
Dated: March 1, 2004.
BY ORDER OF THE CITY COUNCIL
By /s/ Thomas Harmening
City Manager
City of St. Louis Park, Minnesota
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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 1st day of March, 2004, 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 $9,570,000 General
Obligation Tax Increment Bonds, Series 1996, of the City, dated December 1, 1996 (the “Refunded Bonds”).
E. In addition to the Refunded Bonds, there remain outstanding the following bonds issued by
the City that are secured in whole or in part with tax increments from one or more of the Districts (referred to
as the “Parity Bonds”):
$7,000,000 General Obligation Tax Increment Bonds, Series 1997A (the “Series 1997A Bonds”)
$4,290,000 General Obligation Tax Increment Bonds, Series 1998 (the “Series 1998 Bonds”)
$7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A (the
“Series 2001A Bonds”)
$6,135,000 General Obligation Tax Increment Refunding Bonds, Series 2002 (the “Series 2002 Bonds”)
F. 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.”
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
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G. In connection with issuance of the each series of Parity Bonds, the City and EDA pledged
Available Tax Increment (or portions thereof) to such bonds on at least a parity basis with any other
obligations permitted by law. The pledge of Available Tax Increment to all the Parity Bonds is referred to
as the “Parity Pledge.”
H. 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 $7,555,000,
designated the General Obligation Tax Increment Refunding Bonds, Series 2004A, and hereinafter
referred to as the "Bonds.”
I. 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, subject to the Parity
Pledge to the Parity Bonds.
J. 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
March 1, 2004 (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, 2005 (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. 96-186.
(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
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 36 of 38
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 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)
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 37 of 38
ATTEST: ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
_______________________________ By______________________________
Executive Director President
(SEAL)
St. Louis Park City Council Meeting
030104 - 8e - Refunding of 1996 GO TIF Bonds
Page 38 of 38
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 March 1, 2004, relating to the City's
$7,555,000 General Obligation Tax Increment Refunding Bonds, Series 2004A, has been filed in my
office.
WITNESS my hand and official seal this ___ day of March, 2004.
____________________________________
Taxpayer Services Division Manager
(SEAL) Hennepin County, Minnesota
By_________________________________
Deputy
St. Louis Park City Council Meeting
030104 - 8f - Sidewalk Improvements
Page 1 of 5
8f. City Engineer’s Report: 2004 Sidewalk Improvement Project, City Project
No. 04-02
This report considers the construction of various sections of new sidewalk in
accordance with the city’s sidewalk, trails, and bikeway plan
Recommended
Action:
Motion to adopt the attached resolution to accept this report,
establish the improvement project, and direct staff to sponsor
informational meetings with affected property owners, for
construction of various sections of concrete sidewalk.
Background: Making the City a safer and more pedestrian-friendly community was one of the
recommendations of Vision St. Louis Park. In response to this suggestion, a city-wide Sidewalk,
Trail, Bikeway and Crossing Plan was developed. This Plan, which has been incorporated into
the city’s Comprehensive Plan, identifies areas of the city in need of additional sidewalk, trails or
bikeways; and, busy roadway or railroad crossings where pedestrian safety improvements can be
made.
Substantial public involvement and input was solicited during the development of this program.
A Sidewalk and Trail Task Force, made up of concerned citizens, assisted in the development of
the Plan. To understand residents’ concerns, a random opinion survey was conducted. As the
Plan was developed, meetings were held with neighborhood associations, the City Council, Parks
and Recreation Commission and other community groups. Two open houses were conducted as
well as numerous publications and community newspaper articles.
The final Plan was adopted on July 5, 2000. After completion of this project, nearly all of the
original or added segments will have been constructed. Remaining segments are proposed to be
constructed in conjunction with adjacent road projects or are near development areas where
significant change is anticipated.
Analysis: All of the segments included in this project were scheduled to be constructed in 2003.
Funding for the 2003 sidewalk and trail segments was anticipated to come from State Aid funds
for those segments along State Aid-designated routes, and from General Obligation Bonds for the
other segments. Due to budget concerns, only State-Aid eligible segments were constructed in
2003 except for Brookside Avenue which was held over due to concerns from the neighborhood.
Therefore, this project includes all of the non-State Aid segments plus Brookside Avenue.
Preliminary plans for each of the sidewalk segments have been developed by Engineering
Division staff based upon the guidelines established for the program. These guidelines indicate a
preferred design of a 6’-wide concrete sidewalk with a 7’-wide grass boulevard. When necessary
to protect trees, where existing yard slopes are significant, or other physical conditions warrant,
the boulevard or the sidewalk width may be narrowed.
St. Louis Park City Council Meeting
030104 - 8f - Sidewalk Improvements
Page 2 of 5
Public Involvement: In February 2003, an informational letter and a questionnaire was mailed
to all affected property owners informing them about the upcoming project. The questionnaire
asked residents to inform the City of any special circumstances or issues that might impact the
project, i.e. sprinkler systems, special plants, etc. Of the 90 questionnaires mailed out, 30 have
been returned, (33%). About 10 of these were from the segments under consideration. In 2003,
property owners were sent another letter informing them that the project had been delayed until
2004.
If Council desires to forward this project, the next step will be to hold informational meetings
with the affected property owners to solicit input on the designs and to answer questions about
construction. These meetings would be scheduled for mid-March. A summary of the comments
received from all approaches, (neighborhood meetings, questionnaire, and through telephone
conversations), will be prepared for the City Council at the time of final plan approval.
Residents will be notified of the date and time when final plan approval is scheduled on the
Council agenda.
Design/Construction Considerations:
Aquila Avenue (33rd Street to 34th Street): Two trees and several bushes will need to be
removed. The fence at 3334 (ranch style) will need to be relocated off the right-of-way by the
property owner. Staff discussed this with the property owner last year. This sidewalk will also
extend north of 33rd Street and connect into the existing trail
W. 41st Street (34th Street to 36th Street): Installing walk in the existing boulevard area would
involve the loss of a significant number of trees. Therefore, staff has designed this segment to
narrow the street by 6 feet with no boulevard to allow installation of the walk. This will require
that the entire street surface be milled off and replaced to provide adequate drainage. Some
storm sewer work is needed on the west end.
Street narrowing will require that parking on both sides of 41st Street be removed. A formal
resolution will be presented to the Council for consideration in conjunction with final plan
approval.
Morningside Avenue (Wooddale Avenue to Browndale Avenue): No significant issues were
encountered in designing this segment. The boulevard was kept at 0 feet for most of the segment
to avoid impacts to trees. The sidewalk will jog south at the corner of Browndale Avenue to
avoid two large trees. The sidewalk will also extend south on Browndale, from Morningside, to
the first driveway.
Wooddale Avenue (Highway 100 ramp to Webster Avenue): This segment runs along the east
side of Wooddale Avenue, adjacent to Aldersgate Methodist Church. This walk will bridge the
cul-de-sac at Goodrich Avenue which prevents through movement of vehicles.
St. Louis Park City Council Meeting
030104 - 8f - Sidewalk Improvements
Page 3 of 5
Brookside Avenue (W. 42nd Street to Jackley Park): This segment was originally intended to run
from W. 42nd Street south to Yosemite Avenue. In January 2003, the City received a petition
signed by several residents along Brookside Avenue expressing concern over the loss of very
large, mature trees as a result of the sidewalk installation. Subsequently, staff prepared a design
for Brookside that would narrow the street by 6 feet in order to install the new walk without the
loss of the largest trees. As a result of a neighborhood meeting and a follow-up meeting with
neighborhood representatives, the walk was shortened to run from W. 42nd Street to the south
edge of Jackley Park.
Association leaders expressed interest in providing additional parking near the park if possible.
Staff was able to design this sidewalk segment to allow for a 4-stall parking bay adjacent to the
park. Parks and Recreation staff indicated that this was adequate based on current park activities.
This design would remove two trees, relocate the park sign, and re-grade the slope down into the
park.
Financial Considerations: All of the segments are anticipated to be funded using General
Obligation bond funds. Estimated costs, based upon the proposed plans, are higher than
originally anticipated when the program was developed. $294,877 was budgeted in the Capital
Improvement Program for these sidewalk segments. The total estimated cost, at this time, is
$309,380. These costs will be refined as the plans are finalized. A summary of the anticipated
construction costs and design elements follows:
Estimated Costs:
Street
From
To
Side
Narrow
Street
Walk
Width
Blvd. Width
Cost
Aquila Ave. 33rd Street 34th Street West 0’ 6’ 3’ $29,618
W. 41st Street Wooddale
Ave.
TH 100
pedestrian
bridge
South 6’ 6’ 0’ $124,419
Morningside
Ave.
Wooddale
Ave.
Browndale
Ave.
South 0’ 6’ 0’ $31,365
Wooddale
Ave.
Highway 100
ramp
Webster
Ave.
East 0’ 5’/6’ 0’ $37,964
Brookside
Ave.
W. 42nd Street Jackley Park East 0’ 6’ 6’ $30,224
Sub-Total $253,590
Contingency $ 25,359
Subtotal $278,949
Engineering & Admin. $ 30,431
TOTAL $309,380
Revenue Sources:
General Obligation Bond proceeds $309,380
St. Louis Park City Council Meeting
030104 - 8f - Sidewalk Improvements
Page 4 of 5
Project Timeline: Should the City Council approve the City Engineer’s Report, it is anticipated
that the following schedule could be met:
• City Engineer’s Report to City Council March 1, 2004
• Neighborhood meetings Mid-March
• Finalize plans March/April
• Plan approval & authorization to advertise for bids April 5
• Advertise for bids April/May
• Bid Opening May 6
• Bid Tab Report to City Council May 17
• Construction June through August
Summary of Feasibility: The proposed project is cost-effective and feasible under the
conditions noted and at the prices estimated.
Recommendation: It is recommended that the City Council adopt the attached resolution
accepting the City Engineer's report, establishing a project for these improvements, and
authorizing staff to hold informational meetings with the affected property owners.
Attachment: Map (Supplement)
Resolution
Prepared by: Maria A. Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030104 - 8f - Sidewalk Improvements
Page 5 of 5
RESOLUTION NO. 04-037
RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT,
ESTABLISHING AN IMPROVEMENT PROJECT AND AUTHORIZING STAFF TO
SPONSOR INFORMATIONAL MEETINGS WITH AFFECTED PROPERTY OWNERS
FOR THE CONSTRUCTION OF SIDEWALKS
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
City Engineer related to the construction of various segments of concrete sidewalk identified in the
Sidewalk, Trail, Bikeways and Crossing plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City Engineer’s Report regarding the construction of various segments of sidewalk
within the city is hereby accepted.
2. The proposed project, designated as Project No. 04-02, is hereby established.
3. The City Engineer is authorized to hold informational meetings with affected property
owners and residents for the purposes of reviewing the proposed plans and soliciting input.
Attest: Adopted by the City Council March 1, 2004
City Clerk Mayor
Reviewed for Administration:
City Manager