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HomeMy WebLinkAbout2004/11/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 1, 2004 7:30 p.m. 7:15 p.m. – Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of October 18, 2004 b. City Council Study Session Minutes of October 11, 2004 c. City Council Study Session Minutes of September 27, 2004 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 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. First Reading: Proposed Ordinance Amending Chapter 8, Article VIII – Rental Housing Licensing Consideration of an ordinance amending Chapter 8, Article VIII to expand the rental housing licensing program to include 1 and 2 family dwellings. Recommended Action: Motion to approve first reading of an ordinance amending Chapter 8, subdivision VIII for rental housing and set 2nd reading for Monday November 15, 2004. 8b. Parking Distance from Driveways and Alleys and Self-propelled Wheeled Devices Recommended Action: Motion to approve 1st reading and set second reading for November 15, 2004 amending the Ordinance Code for changing the parking distance from driveways and alleys and regulating the use of self-propelled wheeled devices. 9. Communications 10. Closed Meeting Closed Meeting with City Attorney to discuss the following pending litigation: a. Clear Channel/Texa-Tonka Litigation b. Clear Channel/VFW Litigation 11. 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 NOVEMBER 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 adopt a resolution authorizing final payment to Standard Sidewalk for completion of work on 2004 Sidewalk Project 04-02. 4b Motion to accept for filing the Housing Authority Minutes of September 18, 2004 4c Motion to approve 2nd reading of an ordinance setting 2005 fees called for by ordinance, approve the summary and authorize summary publication 4d Motion to authorize the Mayor and City Manager to execute a Communications System Subscriber Agreement with Hennepin County and Authorized Users Regarding: Use of the Regionwide Public Safety Radio Communications System, Lease, Maintenance and Repair of Subscriber Radios, Administrative and Operational Support of the Subscriber Radio Fleet. 4e Motion to approve the Fourth Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001. 4f Motion to approve the Subordination Agreement between U.S. Bank National Association, the City of St. Louis Park, and the St. Louis Park Economic Development Authority and Excelsior & Grand IV LLC relative to the Excelsior and Grand Phase E Project. 4g Motion to accept for filing the Park and Recreation Advisory Commission Minutes of September 14, 2004 4h Motion to accept Vendor Claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING November 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 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 18, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Sue Santa, and Sally Velick Councilmembers absent: Susan Sanger Staff present: City Attorney (Mr. Scott), Finance Director (Ms. McGann), Human Resources Director (Ms. Gohman), Public Works/Engineering Coordinator (Mr. Merkley), Superintendent of Facilities Maintenance (Mr. John Altepeter), and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of October 4, 2004 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Approve Amendment No. 1 to Contract No. 29-03 with Howard R. Green Co. for consultant services related to the upgrade of Water Treatment Plant No. 10 4b Adopt Resolution No. 04-129 appointing student judges and additional judges needed to staff the polls at the Presidential Election to be held November 2, 2004 4c Approve second reading of Ordinance 2280-04 vacating an easement to construct slopes and erect and maintain temporary snow fences associated with the reconstruction of Cedar Lake Road created in Document No. 2826324 on June 11, 1953 at Cedar Lake Road and Park Place Blvd, approve summary, and authorize publication. 4d Authorize the Mayor and City Manager to execute an Encroachment Agreement with the Johnson’s, 7115 23rd Street West, for use of City right-of-way for placement of a fence. 4e Authorize the Mayor and City Manager to execute an Encroachment Agreement with Graphco Securities, Inc., 5330 Cedar Lake Road, for use of City right-of-way for a parking lot. St. Louis Park City Council Meeting 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 2 4f Approve Resolution No. 04-124 for a minor amendment to the Final PUD for Rottlund Homes for property located at 3630 Wooddale Ave, 5951 and 5957 W 37th Street, 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street to reduce the size of the senior condo building from 4 stories to 3 stories and to decrease the number of senior condo units from 80 to 60. Case Nos. 04-53-PUD 4g Authorize the Mayor and City Manager to execute an Encroachment Agreement with Ms. Laura Stahnke, 4100 Sunset Boulevard, for use of City right-of-way for a sprinkler system. 4h Adopt Resolution No. 04-123 to request funding from the Minnesota Department of Transportation through the Municipal Agreement Program for intersection improvements at Trunk Highway 7 and Wooddale Avenue 4i Adopt Resolution 04-130 Authorizing Special Assessment of Dutch Elm Diseased Trees 4j Accept Park and Recreation Advisory Commission Minutes of May 19, 2004 4k Accept Vendor Claims (Supplement) 4l Adopt Resolution No. 04-131 authorizing final payment to Pearson Brothers, Inc. for satisfactorily completing sealcoating and fogsealing, as per Contract No. 66-04 It was moved by Councilmember Santa, seconded by Councilmember Velick to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions a. It was moved by Councilmember Santa, seconded by Councilmember Velick to appoint Jeff Jacobs to the Community Education Advisory Council. The motion passed 6-0, with. 6. Public Hearings 6a. Public Hearing on the Levying of Assessments for Delinquent Fees and Charges Resolution 04-125 Ms. McGann presented the staff report. Mayor Jacobs asked if the fees were typically utility bills and those sorts of fees? Ms. McGann replied delinquent utility bills, nuisance abatement, false alarm charges and things of that nature. Mayor Jacobs asked the range of individual charges. Ms. McGann replied it could be from $100 up to $600, and some could be more. Mayor Jacobs asked if these would be attached to the property taxes for next year. Ms. McGann replied yes, they would be attached to the individual property owners property tax bill. It was a one-year assessment. St. Louis Park City Council Meeting 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 3 Mayor Jacobs opened the public hearing. There being no persons wishing to speak, the public hearing was closed. It was moved by Councilmember Santa, seconded by Councilmember Finkelstein to adopt Resolution No. 04-125 to assess delinquent water, sewer, refuse and other fees and charges. The motion passed 6-0. 6b. 2005 Budget and Property Owner Service Charge for Special Service District No. 1 Resolution No. 04-126 Mr. Merkley presented the staff report. Mayor Jacobs indicated that all three of the Special Service Districts were along Excelsior Boulevard and this was an additional charge that the property owners within the district would pay for enhanced services for things such as: snow removal, street cleaning, maintenance of the sidewalks and streets, vegetation, streetscaping and lighting. In his opinion, the special service district program has been very successful and has really helped spruce up Excelsior Boulevard and make it look very good. He wanted to thank the property owners in all three districts for doing a remarkable job of making Excelsior Boulevard a special place. Mayor Jacobs opened the public hearing. There being no persons wishing to speak, the public hearing was closed. Councilmember Santa clarified that these are business districts and not residential districts as residential properties are not eligible to participate in the special service district program. It was moved by Councilmember Basill, seconded by Councilmember Santa to approve Resolution No. 04-04-126 setting the 2005 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charge to Hennepin County. The motion passed 6-0. 6c. 2005 Budget and Property Owner Service Charge for Special Service District No. 2 Resolution No. 04-127 Mr. Merkley presented the staff report. Mayor Jacobs opened the public hearing. David Payne, President of Special Service District No. 2, thanked Mr. Merkley and John Altepeter for doing such a wonderful job. They were looking into fiber optic lights in place of the Tivoli lighting. The bollards would now be plastic instead of concrete. They St. Louis Park City Council Meeting 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 4 were doing a tremendous amount of research and they did a very good job, which helped the City. Someday many other cities would be using special service districts because they were a good way to go. They could control what was going on in their district and it was fully funded. Mayor Jacobs commended the owners along Excelsior Boulevard for understanding what Mr. Payne was talking about. It was a tremendous enhancement to the boulevard and made it look very good. He had someone in from out of town who drove along Excelsior Boulevard at night and was very impressed with the up lighting on the trees and the vegetation. It added a touch of class. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Velick to approve Resolution No. 04-127 setting the 2005 Operating Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charge to Hennepin County. The motion passed 6-0. 6d. 2005 Budget and Property Owner Service Charge for Special Service District No. 3 Resolution No. 04-128 Mr. Merkley presented the staff report. Mayor Jacobs opened the public hearing. There being no speakers, the public hearing was closed. It was moved by Councilmember Basill, seconded by Councilmember Santa to approve Resolution No. 04-128 setting the 2005 Operating Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charge to Hennepin County. The motion passed 6-0. 6e. Public Hearing to Consider 2005 Fees Ms. McGann presented the staff report. She pointed out one notable change related to the fee schedule under the multi-family rental housing license fee, the fee was increased from $100 per building and $6 per unit within the building to $125 per building and the $6 per unit remained the same. With the exception of that change, all of the fees were remaining stable from the 2004 fee schedule. The Finance Department was working with individual departments to ensure that the costs associated with the fees were appropriate. As they went into the 2006 budget year, they may recommend some changes. Mayor Jacobs hoped people realized that they attempted to cover the costs of the administration of the program for whatever the fees were covering. Ms. McGann replied that was correct. They do an analysis to look at the direct and indirect costs associated with each individual fee. They only charge the amount that it actually costs for the individual program. St. Louis Park City Council Meeting 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 5 Mayor Jacobs opened the public hearing. There being no speakers, the public hearing was closed. Councilmember Omodt noted on page 5, 8-258, regarding the restaurant smoking area surcharge, they discussed this at a study session and he asked how that would be handled going forward? Ms. McGann replied that her understanding was that it was in the fee schedule now, however they had the authority and ability to amend the fee schedule at any time. The fee will be charged quarterly this year. Councilmember Finkelstein noted that Hennepin County’s fee didn’t go into effect on the no-smoking ban until March 31st. They had at least the first quarter. Mayor Jacobs understanding was that they talked about not imposing any additional fee after March 31st of 2005 and he assumed that the ordinance was going into effect and there wouldn’t be much reason for them to enforce the ordinance after that time. Ms. McGann indicated in the first quarter of 2005, this fee ordinance would be amended to reflect those adjustments to be effective as of the March 31st date. Councilmember Omodt indicated 30-158 on page 7, the snow fall parking permit, he knew they discussed this and came up with the off-street parking available charge of $125, but he thought that fee was too high. It was moved by Councilmember Omodt to change the snow fall parking permit fee to $100. Councilmember Velick asked why he believed the fee was too high. Councilmember Omodt replied that in many neighborhoods in the City, such as the one he used to live in, there wasn’t a lot of parking. People that have a one-car garage or lack of alley access, were penalized if they had a two-car family. The same with neighborhoods such as 18th and 19th and Nevada with small lots where there was only one place to park. He thought $125 was a lot for people who were doing their best to find parking. They didn’t have the garage or street space to do it and they were charging them a lot of money to park. Councilmember Velick recalled when they discussed this that there were areas where people could park that weren’t restricted. That was one of the justifications for the charge. Councilmember Santa added that in those instances when people did not have off-street parking, they had the option of a “no-charge,” which was in the ordinance, no off-street parking available, no-charge for that permit. That was why she was open to the $125 fee when they did have off-street parking available. Mayor Jacobs asked if there was a second to Councilmember Omodt’s motion. Councilmember Basill seconded. St. Louis Park City Council Meeting 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 6 Councilmember Basill wanted to be sure if someone had no off-street parking, they could still get a free permit. Ms. McGann replied that was correct. Councilmember Basill stated that the $125 fee was supposed to be reasonable to cover the costs of the snow plow going back to clean up if someone parked on the street when they shouldn’t have. Ms. McGann replied she believed that statement was correct. Ms. Gohman stated that at $125 or $100, it was a significant impact. If the Council chose to make an amendment to $100 it was still sufficient to cover what they needed to, although they were recommended $125 to adequately cover the costs. The motion failed 1-5 (Councilmembers Velick, Finklestein, Santa, Jacobs, Basill opposed). Councilmember Velick asked what a courtesy bench was and what the $35 fee was for? Ms. McGann replied that from time to time staff goes out to the different benches in the city to do clean up and garbage removal. Councilmember Basill asked about the change on the multi-family rental housing license fee, did that go up because it was taking more time for the Inspectors to go through? Ms. McGann replied yes. They went through the complete cost analysis to see how much time with both the direct and indirect costs it takes to do the multi-family housing inspections. That was why they were recommending the increases. Councilmember Basill thought they needed to keep that in mind as they looked to other non-homesteaded properties and that the fee that they had wasn’t quite enough, as they looked at single-family and duplexes that were rented, they should keep that in mind. It was moved by Councilmember Velick, seconded by Councilmember Santa to approve 1st reading and set second reading for November 1, 2004 The motion passed 6-0. 6f. Public Hearing to consider granting an off-sale liquor license to Chateau Louis, DBA WineStyles of Excelsior & Grand, 3840 Grand Way, St. Louis Park MN Ms. McGann presented the staff report. Mayor Jacobs opened the public hearing. Nancy Beskar, 3017 E Calhoun Pkwy, President of Chateau Louis, stated that this would be a retail wine store and their focus was to provide great wines at affordable prices. They were very excited to have their first store in Minnesota at this location. This would be their flagship store and the development at Excelsior and Grand exceeded their expectations for what they wanted in a location. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Santa to approve an off-sale intoxicating liquor license. St. Louis Park City Council Meeting 110104 - 3a - Council Minutes of Oct. 18, 2004 Page 7 The motion passed 6-0. 6g. CANCELLED ITEM: Determination of public need of tax forfeit land 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 9. Communications Mayor Jacobs stated if people had not registered to vote, go out and do it. The City Clerk’s Office was available to do that or people could contact the League of Women Voter’s to get information. If people were unsure of where their polling place was, they could contact the League or the City Clerk’s Office and they would be able to tell them where the polling place was. They were expecting a heavy turn out this year and if people would be unavailable on election day, they could get an absentee ballot from the City Clerk’s office. 10. Adjournment The meeting adjourned at 7:58 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 110104 - 3b - Study Session Minutes of Oct. 11, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION October 11, 2004 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Director of Inspections (Mr. Hoffman), Environmental Health Official (Mr. Camilon), City Engineer (Ms. Hagen), Director of Community Development (Mr. Locke), Planning and Zoning Supervisor (Ms. McGonigal), Economic Development Coordinator (Mr. Hunt), Planning Coordinator (Ms. Erickson), and City Clerk (Ms. Reichert). 1. Rental Housing Licensing Mr. Hoffman updated the Council on open houses that were held and comments received from the public. Mr. Hoffman stated that the intent of staff is to run a cost-effective program and to keep fees as low as possible. He described how fees were determined and how enforcement will be done. Councilmember Basill stated that his perception is that rental properties have more problems with upkeep. Councilmember Velick has noted that each month more and more corporations are purchasing property and turning it into rental property. Councilmember Sanger asked what the penalty would be if the property owners did not get a license. Mr. Hoffman said that under city code, violation of the licensing ordinance is a misdemeanor offense. She then asked if there could be additional penalties imposed. Mr. Hoffman agreed to put something together for council’s consideration. Councilmember Sanger how it would be handled if the renter of a property did not want to allow entry into their home for inspections. Mr. Hoffman replied that statute requires that the owner can enter the property and allow inspectors in. He added that some property owners may be difficult regarding the subject. Councilmember Finkelstein inquired about boarders and roommates. Mr. Camilon replied that there are other ordinances in place to deal with those living arrangements. He stated that staff will be working on a brochure that explains all applicable ordinances. Councilmember Sanger asked if the fees were appropriate. Mr. Hoffman stated that fees are based on staff’s expectations. Councilmember Sanger did not want to see an underestimation of the cost of the program. Mayor Jacobs felt they should see how the program goes and then raise the fees if appropriate. He felt it inappropriate for council to second-guess staff’s analysis in this case. St. Louis Park City Council Meeting 110104 - 3b - Study Session Minutes of Oct. 11, 2004 Page 2 Mr. Hoffman asked how aggressive council felt they should be in enforcing the ordinance. Councilmember Santa would like staff to first address the identified issues, and then get into a routine of inspection. Secondly, she stated that there was some interest in a landlord group and she felt the concept has value. She would like to see the fees set up now and, if needed, raise them later. Mr. Hoffman stated that they were responsible as good stewards of the community and felt they should set the fees as presented. He asked Council if they wanted to include relative occupied homestead to the program. Council responded that they would like to consider inclusion of that class in the ordinance. Councilmember Santa stated that inspecting is the benefit and in the long run, it will be good for the housing stock. 2. Proposed Hennepin County Smoke-Free Ordinance Council discussed what action they would take if the Hennepin County smoke-free ordinance was passed. The Council agreed that all disclosure notices should remain up until the County ordinance becomes effective, at which time the restaurants would become smoke-free and no longer have the need to post a disclosure notice. Councilmember Velick inquired how much the disclosure program had cost the city since it had begun. Mr. Hoffman stated that he did not have an exact figure but could provide one in a timely manner. Councilmember Santa felt that in the event of a challenge, they keep the disclosure program running. 3. Wooddale/Highway 7 Traffic Study and Design Solutions Ms. Hagen outlined both short and long term design plans for the intersection. Council questioned who would pay for a long term solution. Mr. Harmening replied that MnDot may help with the cost. It was questioned whether the frontage road should be started early on. Mayor Jacobs felt that a long term solution is the most desirable. Councilmember Sanger inquired about keeping the roads open during construction. She expressed her concerns over funding. Mr. Harmening stated that a variety of funding options could be used: establish a TIF district, HRA levy, proceeds from the Development Fund, or General Obligation bonds. Council discussed doing a long solution prior to the Highway 100 reconstruction. They agreed they would like to move aggressively on the project. 4. Brookside Lofts Affordable Landtrust Units St. Louis Park City Council Meeting 110104 - 3b - Study Session Minutes of Oct. 11, 2004 Page 3 Mr. Locke explained how the Hennepin County AHIF grant could help with asbestos removal. Councilmember Sanger asked how condominium association assessments are handled. Charlie Nestor of Master Development Group explained how landtrust works in terms of assessments and association fees. He stated that the developer needed to include some affordable housing into the development plan in order for them to receive grant funds for asbestos removal. Councilmember Basill stated that there is a neighborhood meeting soon and he would like the developers to be present. Mr. Harmening asked regardless of the asbestos, would the Council want an affordable housing aspect in the project. The Council agreed they would not. He also asked if the School District would want affordable housing and councilmembers did not believe an affordable housing component was desired by the School Board either. After discussion council agreed to support a very limited number of affordable units in the project so that grant funds may be available for asbestos removal. 5. Communications Council agreed that they want exit interview information on PPL. Councilmember Omodt updated the Council on conversations he had had with neighbors of the proposed Hannon Lake development. 6. Adjournment The meeting was adjourned at 9:55 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 110104 - 3c - Study Session Minutes of Sept. 27, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION September 27, 2004 Present at the meeting were Councilmembers John Basill, 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), City Engineer (Ms. Hagen), Operations Superintendent (Mr. Hanson), Parks and Recreation Director (Ms. Walsh), Economic Development Coordinator (Mr. Hunt), Housing Programs Coordinator (Ms. Larsen), and City Clerk (Ms. Reichert). The study session convened at 6:00 p.m. with a tour of various CIP projects throughout the city. Following the tour, council continued the meeting in the Westwood Room of City Hall. 1. Cedar Lake Rd Regional Trail Connection Concepts and Pedestrian Bridge Over Burlington Northern Railroad/Cedar Lake Regional Trail Ms. Hagen presented the Council with four concept plans that were developed by the consultants. Councilmember Sanger felt the concept centering on a spiral design should not be considered. The Council agreed. Ms. Hagen stated that the next step would be to plan a neighborhood meeting. Councilmember Velick inquired about the funding. Ms. Hagen replied that it was included in the CIP and any additional funds could come from General Obligation Bonds. Councilmember Sanger listed concerns from the neighborhood such as signage, parking, and increased trail traffic. Ms. Hagen replied that she would continue to work with neighbors, Three Rivers Park District and the City of Minneapolis. 2. Aquila Commons, LLC Senior Cooperative Housing project Mr. Hunt updated the Council on the redevelopment contract that was reached with Stonebridge Development (Aquila Senior, LLC) and the “But/For Qualifications” questions that were raised at a previous meeting. Councilmember Finkelstein inquired about completion dates and length of contract. Councilmember Santa raised the point of ensuring affordability now and how to ensure it remains so in the future. Mr. Hunt explained the dates in the contract and also explained that it is the nature of cooperative housing to be affordable. Council requested more information at the next Council meeting and Mr. Hunt stated that he would also provide the contract on Monday evening. St. Louis Park City Council Meeting 110104 - 3c - Study Session Minutes of Sept. 27, 2004 Page 2 3. Brookside School Site Development Mr. Locke stated that he and Mr. Harmening had met with School District staff to discuss reducing the price of the Brookside School. He reported that the School District was not interested in closing the gap between the cost of the property and what the developer can afford. He stated that relocation costs will be increased as well as environmental costs. Mr. Harmening stated that the issue of asbestos removal was not at all unusual and in this case not different from other redevelopment projects the City has taken on in terms of environmental concerns. Mr. Locke stated that there is no long term danger posed by the asbestos and it was more a matter of removal cost. Councilmember Sanger would like to move forward with the funding gap but emphasized she is not pleased with the School District’s approach to the issue. Councilmember Omodt disagreed and felt the School District used due process and have already lowered their asking price. Council felt there was opportunity to improve relations with the School Board and Councilmember Finkelstein suggested a joint meeting after the November referendum to discuss future issues. Councilmember Basill stated that less density is desired and the cost of asbestos removal would force an increase in the density. Councilmember Sanger stated that she was supportive of the plan but not the process of funding. Mayor Jacobs stated that there was a learning process here for what may happen at Eliot. He agreed that the way it has happened has not been the best; however, this can turn into a positive. He felt they could use this as a learning tool. Councilmember Omodt felt they should be supportive if it meets city goals. Mayor Jacobs felt they should move forward. Mr. Harmening stated that they would put together a development agreement which would be coming to the council in the very near future. 4. Attorney Services Tom Scott and Roger Knutson, Campbell & Knutson P.A., were present at the meeting. Mr. Harmening explained how attorney services work throughout the city. Councilmember Velick stated that sometimes more information is needed for members of the Council who do not have the same experience in the legal field. St. Louis Park City Council Meeting 110104 - 3c - Study Session Minutes of Sept. 27, 2004 Page 3 Councilmember Sanger felt they needed more analysis on risks and advantages of each possible approach. She felt the balance of risks needs some new perspective. Councilmember Omodt agreed that more analysis should be done. He felt they tended to default to the “safe” approach and they need more analysis of risks. Councilmember Finkelstein stated that he finds their approach refreshing and is comfortable with their legal advice. He felt it was up to the city to ask for analysis if that is what they decided they needed. Councilmember Sanger felt there was a difference in needs for staff and Council. Councilmember Velick would like to see more analysis but only when requested by the Council, not on every item. Councilmember Finkelstein suggested going through the City Manager to direct the attorneys in this regard. Mayor Jacobs agreed that it made sense to do more analysis in some cases but not all. He felt it was the Council’s responsibility to let the attorneys know when the Council needs more analysis. He added that he felt Campbell Knutson, P.A. has done a great job for the city. Mayor Jacobs stated that they need options and likely outcomes. Councilmember Sanger wants to see a strategic use of litigation. Mr. Harmening stated that the Council could be provided with more factual information without a problem and also lay out more of a process. Mayor Jacobs wants to see options laid out but still wants recommendations from the attorney. Mr. Scott stated that he has enjoyed working for St. Louis Park and would like to continue to do so. 5. Communications Councilmember Omodt stated that he attended a School District referendum committee meeting and he shared materials from that meeting with the Council. The Council agreed to pass a resolution supporting the referendum and would like to see it placed on the next agenda. 6. Adjournment The meeting was adjourned at 9:32 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 110104 - 4a - Final Payment for 2004 Sidewalk Page 1 RESOLUTION NO. 04-132 RESOLUTION ACCEPTING WORK ON 2004 SIDEWALK CONSTRUCTIN PROJECT CITY PROJECT NO. 04-02 CONTRACT NO. 46-04 STANDARD SIDEWALK BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated May 17, 2004, Standard Sidewalk, Inc. has satisfactorily completed the 2004 sidewalk construction project, as per Contract No. 46-04. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $110,550.25 Change Order/Underrun (4,689.20) Previous Payments $ 97,407.73 Balance Due $ 8,453.32 Reviewed for Administration: Adopted by the City Council November 1, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 110104 - 4b - Housing Authority Minutes of Sept. 9, 2004 Page 1 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, September 8, 2004 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Andria Daniel, Steve Fillbrandt, and Judith Moore Commissioner Anne Mavity arrived at 5:10 p.m. STAFF PRESENT: Sharon Anderson, Jane Klesk, Kevin Locke, Michele Schnitker, and Brian Swanson OTHERS PRESENT: Steve Wischmann, Kern, DeWenter, Viere, Ltd. 1. Call to Order Commissioner Moore called the meeting to order at 5:05 p.m. 2. Approval of Minutes for August, 2004 The August 11, 2004 minutes were unanimously approved with the following amendment to Paragraph 6.a. Election of Officers, “The motion passed on a vote of 4-0, with Commissioners Courtney, Daniel, Fillbrandt, and Mavity voting in favor.” 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Fiscal Year End March 31, 2004 Audit Report Mr. Wischmann presented the HA’s audited financial statements for fiscal year ending March 31, 2003, and Mr. Swanson and Mr. Wischmann answered questions from the Commissioners. Overall, it is the opinion of the auditors that the Housing Authority’s financial reserves are adequate, and that general controls and operations are good. No material weaknesses were noted. b. Approval to Purchase 1600 Hampshire Avenue South Ms. Schnitker provided details on the resolution to purchase 1600 Hampshire Avenue South, a tax forfeited property, from Hennepin County, under the Home Renewal St. Louis Park City Council Meeting 110104 - 4b - Housing Authority Minutes of Sept. 9, 2004 Page 2 Program, for a purchase price of $46,558. Commissioner Mavity moved to approve Resolution No. 529, Resolution to Authorize Purchase of 1600 Hampshire Avenue South, St. Louis Park, and Commissioner Fillbrandt seconded the motion. The motion passed on a vote of 4-0, with Commissioners Daniel, Fillbrandt, Mavity and Moore voting in favor. 7. Communications from Executive Director a. Claims List No. 9–2004 Commissioner Fillbrandt moved for ratification of Claims List No. 9–2004, and Commissioner Mavity seconded the motion. The motion passed on a vote of 4-0, with Commissioners Daniel, Fillbrandt, Mavity and Moore voting in favor. b. Communications Ms. Schnitker presented the TRAILS Self-Sufficiency Program Annual Report for Program Year 2003–2004 1. Monthly Report for September, 2004 2. Scattered-Site Houses and Hamilton House (verbal report) 3. Draft Financial Statement 8. Other – None 9. Adjournment Commissioner Daniel moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with Commissioners Daniel, Fillbrandt, Mavity and Moore voting in favor. The meeting was adjourned at 6:25 p.m. Respectfully Submitted, Anne Mavity, Secretary St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 1 4c. Motion to approve 2nd reading of an ordinance setting 2005 fees called for by ordinance, approve the summary and authorize summary publication Background: At the meeting of October 18th, Council considered first reading of the ordinance setting fees for 2005. All fees, except for those related to Enterprise Funds which are called out by ordinance, have been studied and adjustments have been made. Enterprise Fund rates will be forwarded for Council review by the end of 2004. The Finance Department staff will continue to evaluate service and program fees set administratively by Department Directors and will make appropriate recommendations for changes to those fees as needed throughout the year. Attachment: Ordinance Setting 2005 Fees Prepared by: Cynthia Reichert, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 2 ORDINANCE NO. 2281– 04 AN ORDINANCE ADOPTING FEES CALLED FOR BY ORDINANCE FOR CALENDAR YEAR 2005 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Fees called for within individual provisions of the City Code are hereby set by this ordinance for calendar year 2005. Section 2. The Fee Schedule as listed below shall be included as Appendix A of the City Code and shall replace those fees adopted November 3, 2003 by Ordinance #2252-03 which is hereby rescinded. CHAPTER 1: GENERAL PROVISIONS 1-14 Administrative Penalties First Violation $25 Each Subsequent in Same Season add $10 to previous fine CHAPTER 3: ALCOHOLIC BEVERAGES 3-59 Liquor License Non-intoxicating on-sale $750 Non-intoxicating off-sale $100 Intoxicating on-sale $7,500 Sunday Sale $200 Club (per # members) 1 - 200 $300 201 - 500 $500 501 - 1000 $650 1001 - 2000 $800 2001 - 4000 $1,000 4001 - 6000 $2,000 6000+ $3,000 Wine $2,000 Intoxicating off-sale $200 Temporary (On & Off sale) $50/day New License Investigation $1,000 Store Mgr Investigation $500 CHAPTER 4: ANIMALS 4-88 Animal Impound Initial impoundment $35 2nd offense w/in year $20 3rd offense w/in year $30 4th offense w/in year $60 Boarding per day $10 CHAPTER 6: BUILDINGS & REGULATIONS 6-32, 6-67 Plan Review Building Permits 65% of Permit Fee St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 3 Single Family Interior Remodel Permits 35% of Permit Fee Plumbing Permits 35% of Permit Fee Mechanical Permits 35% of Permit Fee Electrical Permits 35% of Permit Fee Sewer and Water Permits 35% of Permit Fee 6-32 Building and Fire Protection Permits Valuation Base Fee Plus For Each Additional (or fraction thereof) Up to $500.00 $35.50 - $500.01 to $2,000.00 $35.50 $2.25 $100 over $500.01 $2,000.01 to $25,000.00 $69.25 $14.00 $1000 over $2,000.01 $25,000.01 to $50,000.00 $391.25 $10.10 $1000 over $25,000.01 $50,000.01 to $100,000.00 $643.75 $7.00 $1000 over $50,000.01 $100,000.01 to $500,000.00 $993.75 $5.60 $1000 over $100,000.01 $500,000.01 to $1,000,000.00 $3,233.75 $4.75 $1000 over $500,000.01 $1,000,000.01 and up $5,608.75 $4.25 $1000 over $1,000,000.01 6-32 Electrical permit Installation, replacement, repair $40 + 1.75% of job valuation Single family: one appliance $40 6-32 Mechanical Permit Installation, replacement, repair $40 + 1.75% of job valuation Single Family Exceptions: Replace furnace, boiler or furnace/AC $55 Install single fuel burning appliance with piping $55 Install, replace or repair single mechanical appliance $40 6-32 Plumbing Permit Installation, replacement, repair $40 + 1.75% of job valuation Single Family Exceptions: Repair/replace single plumbing fixture $40 Water treatment (softener or drinking system) $15 6-32 Sewer and Water Permit (all underground private utilities) Installation, replacement, repair $40 + 1.75% of job valuation Single Family Exceptions: Repair/replace sewer or water service $40 6-32 Tent Permit Tent over 200 sq. ft. $75 Canopy over 400 sq. ft. $75 6-35 After Hours Inspections $50 per hour (minimum 2 hrs) 6-69 Certificate of Occupancy For each condominium unit completed after building occupancy $100 St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 4 Change of Use (does not apply to 1 & 2 family dwellings) Up to 5,000 sq ft $250 5,001 - 25,000 sq ft $400 25,001 to 75,000 sq ft $600 above 75,001 sq ft $800 6-69 Temporary Certificate of Occupancy $50 6-103 Building Moving $500 6-177 Certificate of Property Maintenance Change in Ownership Single Family Dwellings $185 Duplex (2 family dwellings) $250 Condominium Unit $115 All other buildings Up to 5,000 sq ft $250 5,001 - 25,000 sq ft $400 25,001 to 75,000 sq ft $600 above 75,001 sq ft $800 6-187 Temporary Certificate of Property Maintenance $50 6-213 ISTS Permit (sewage treatment system install or repair) $125 CHAPTER 8: BUSINESS LICENSING 8-33 General License Fees Commercial entertainment $250 Environmental emission $175 Food and Beverage Class H+ $875 Large grocery store (25,000 s.f +.) $875 Small grocery store (to 25,000 s.f.) $750 Class H $600 Class M $400 Class L $175 Class V - Food vending machine $15 Public Sanitary Facilities Class I $750 Class II $350 Class III $250 Massage Therapy Establishment $175 Lodging (Hotel/Motel) Building Fee $100 Unit Fee $6 Rental Housing Multiple Family Building $125 Multiple Family per Unit $6 Tobacco products & related device sales $450 Vehicle Parking facilities Parking ramp $125 St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 5 Enclosed Parking $175 Dog Kennel $125 Billboards $125 per billboard 8-33 Temporary Use Permits Temporary Outdoor Retail Sales $100 Circuses, Carnival and Amusement Rides $250 Petting Zoos $50 Commercial Film Production Application $50 8-37 Insurance Requirements Solid Waste $1,000,000 General Liability Tree Maintenance & Removal $1,000,000 General Liability Vehicle Parking Facility $1,000,000 General Liability Circus $1,000,000 General Liability Mechanical Contractors $1,000,000 General Liability 8-66 Contractor Solid Waste $175 Tree Maintenance $50 Mechanical $85 8-67 Exam Fees (Competency) Mechanical per test $25 Renewal - 3 year Mechanical $15 8-138 Solid Waste - Vehicle Decal $15 8-163 Tree Maintenance & Removal - Vehicle Decal $5 8-191 Late fee 20% of license fee (minimum $25) 8-192 Transfer of Ownership $50 8-258 Restaurant Smoking Area Surcharge $700 8-349 Sexually Oriented Business Investigation fee (High Impact) $500 High Impact $4,500 Limited Impact $125 8-428 Pawnbroker License Fee $2,000 Per Transaction Fee $1.50 Investigation Fee $1,000 Penalty $50 per day 8-514 Temporary Food Service 3+ Days $125 1 - 3 Days $75 Prepackaged food only $35 St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 6 8-572 Solicitor/Peddler Registration $50 8-602 Dog License Dog License - 1 year $15 Dog License - 2 year $25 Dog License - 3 year $35 Penalty for no license $35 Interim License $7 8-661 Courtesy bench $35 per bench CHAPTER 12: ENVIRONMENT 12-1 Food and Beverage Equipment Permit Installation (Used equipment valued as new) $50 +1.75% permit valuation Plan Review Fee 35% of Permit Fee 12-1 Public Swimming Pools Permit Fees Building permit fees apply 12-2 Private Swimming Pools Permit Fees Building permit fees apply 12-131 Noise Temporary Permit $50 CHAPTER 14: FIRE 14-103 Fireworks Display Permit Actual costs incurred CHAPTER 16: LAW ENFORCEMENT 16-34 Criminal Background Investigation (Volunteers & Employees) $5 CHAPTER 18: OFFENSES & MISC PROVISIONS 18-153 False Alarm First $0 Each subsequent in same year $90 Late payment fee 10% CHAPTER 21: PLANNING 21-33 Official Map Amendment $500 CHAPTER 24: STREETS, SIDEWALKS & OTHER PUBLIC PLACES 24-92 Record deed transfer with Hennepin County $120 + Recording cost 24-122 Street, Alley, Utility Vacations $300 24-153 Installation/repair of sidewalk, curb cut or curb and gutter $100 per 100 linear feet (minimum $100) 24-251 Work in Public Right of Way Hole in Roadway/Blvd $100 each St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 7 Trenching in Roadway $400 per 100 linear feet (minimum $400) $200 per 100 linear feet (minimum $200) Trenching in Boulevard CHAPTER 26: SUBDIVISIONS 26-42 Subdivisions/Replats Preliminary Plat $500 plus $50 per lot Final Plat $250 Combined Process and Replats $750 plus $25 per lot Exempt and Admin Subdivision $250 26-158 Residential Subdivision Dedication Fee Parks $900 per residential dwelling unit Trails $225 per residential dwelling unit CHAPTER 30: TRAFFIC AND VEHICLES 30-44 Permit to exceed vehicle weight limitations $30 each 30-158 Snowfall parking permit No off-street parking available No charge Off street parking available $125 Caregiver parking $25 30-160 Permit parking No charge CHAPTER 36: ZONING 36-33 Conditional Use Permit $1,500 Major Amendment $1,000 Minor Amendment $500 36-33 Variances Residential $300 Commercial $500 36-33, 36-36 Special Permit Major Amendment $1,000 Minor Amendment $500 36-34 Zoning Map Amendments $1,000 36-34 Zoning Text Amendments $1,000 36-34 Comprehensive Plan Amendments $1,000 36-34 Filing Fee Single Family $50 Other Uses $120 36-34 Time Extension $75 36-367 Planned Unit Developments Preliminary PUD $1,250 St. Louis Park City Council Meeting 110104 - 4c - Fee Schedule 2nd reading Page 8 Final PUD $750 Prelim/Final PUD Combined $1,500 PUD – Major Amendment $1,000 PUD – Minor Amendment $500 36-80 Erosion Control Plan Application and Review $150 36-81 Tree Replacement Cash in lieu of replacement trees $90 per caliber inch 36-162 Zoning Permit Accessory Structures, 120 ft or less $25 36-339 Traffic Management Plan Administrative Fee $0.10 per sq ft of gross floor 32-361 Parking Lot Permit Installation/Reconstruction $75 36-362 Sign Permit Installation of permanent sign $75 Installation of permanent sign w/ footing insp. $100 Erection of Temporary sign $30 Erection of Real Estate, construction sign 40+ ft $30 36-364 Fence Permit Installation $15 Section 3. This ordinance shall take effect January 1, 2005. Reviewed for Administration: Adopted by the City Council November 1, 2004 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Meeting 110104 - 4d - Hennepin Co. Communications (Radio) Agmt Page 1 4d. Motion to authorize the Mayor and City Manager to execute a Communications System Subscriber Agreement with Hennepin County and Authorized Users Regarding: Use of the Regionwide Public Safety Radio Communications System, Lease, Maintenance and Repair of Subscriber Radios, Administrative and Operational Support of the Subscriber Radio Fleet. Background: As part of conversations on dispatch consolidation, staff and Council have discussed the future migration of St. Louis Park to the Regional 800 MHz radio system . As part of the regionwide public safety radio communications system, the local subsystem is operated by Hennepin County. The County bears the primary responsibility for the health, security and integrity of the system. As such all users who elect to participate on the system are required to sign a Subscriber Agreement with the County covering the use of the regionwide system, maintenance and repair of subscriber radios, and administrative and operational support of the subscriber fleet. Analysis: The term of the purposed agreement would allow the City to operate on the 800 MHz Regionwide Radio System until December 31, 2008. Discussions with the County and other subscribers to the system have determined that this agreement is non negotiable or amendable. The current annual subscriber fee is $210.44 per radio. The County receives $164.44 as a subscriber fleet support fee. This covers all programming, maintenance, repair, software updates, technical support, database and configuration support, access to the special event shared pool of radios, repair loaners, training support, and other costs attributable to supporting radio fleet. The additional $46 per radio is a pass-through fee charged by the Metropolitan Radio Board to all radio users on the system. Subscriber fees are subject to annual review and amendment. It should be anticipated that these fees may rise during the life of the agreement to cover increases in costs. Currently the Fire Department has two radios that need to be put on the system for mutual aid interoperability. The initial annual cost to put these units on the system will be $420.88. The annual fees will increase as additional radios are added to the system. The estimated annual cost with full fleet activation using current pricing will be approximately $35,000 for St. Louis Park police and fire radios. Attachment: Communications System Subscriber Agreement (Supplement) Prepared by: Luke Stemmer, Fire Chief John Luse, Police Chief Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 1 4e. Motion to approve the Fourth Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001. Background: At the March 29, 2004 Study Session the EDA/City Council was advised as to TOLD Development’s proposed changes to future Phases E and NW in the Excelsior & Grand project and was informed that in order to authorize these changes it would require a Major Amendment to the Park Commons East PUD and a Fourth Amendment to the Redevelopment Contract. The proposed revisions were favorably received. On September 24, 2004, the City Council approved the Final Plat for Park Commons East 3rd Addition and a Major Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase E (Park Commons East 3rd Addition formerly Outlots F and G, Park Commons East) Requirement for an Amendment to the Redevelopment Contract According to Section 4.2 (c) of the Redevelopment Contract: If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. The Redeveloper’s request to substantially modify future Phases E and NW meets the above criteria necessitating a Fourth Amendment to the Contract. Proposed Provisions within the Fourth Amendment to the Contract The Fourth Amendment can be summarized as follows. • Regarding Phase E, the Redeveloper agrees to construct a mixed use building that would include approximately 86 condominiums and approximately 14,235 square feet of commercial space instead of a 45,000 square foot (minimum) mixed use office building. • Regarding Phase NW, the Redeveloper agrees to construct a mixed use building that would include approximately 112 condominiums and approximately 6,500 square feet of commercial space instead of approximately 195 large apartments and 11,250 square feet of commercial space. • The construction schedule for Phase E was modified (see chart below). Specifically, the required start date for Phase E was changed from April 1, 2006 to April 1, 2005 and the required completion date was changed from June 1, 2007 to April 1, 2006. St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 2 • The construction schedule for Phase NW was modified (see chart below). Specifically, the required start date for Phase NW was changed from April 1, 2005 to April 1, 2006 and the required completion date was changed from August 1, 2006 to, June 1, 2007. As noted in the staff report from the March 29, 2004 Study Session, it was thought at that time that the completion date for Phase E would be December 1, 2005 and the completion date for Phase NW would be June 1, 2006. Since that time, TOLD has taken note of the number of condominium projects currently underway and proposed in the City. Altogether, there are more than 500 condo units in various stages of the development process with several more substantial projects on the horizon. While TOLD fully intends to fulfill its obligations under the Contract, it wishes to respond strategically to these competitive market conditions. Therefore, TOLD is requesting some flexibility with the construction timing of its next two phases. Most importantly, however, the required completion date for the entire project – June 1, 2007 remains unchanged. REVISED CONSTRUCTION SCHEDULE Phase & Improvements Target Commencement Required Commencement Target Completion Required Completion I – 338 apts & 62,700 SF of commercial NA 8/20/01 9/1/02 7/1/03 NE - 124 condo units & 4,100 SF of commercial NA 10/1/03 NA 4/30/05 E* –86 condos & 14,235 SF of commercial Current 10/1/04 Proposed NA Current 4/1/06 Proposed 4/1/05 Current 12/1/05 Proposed NA Current 6/1/07 Proposed 4/1/06 NW* - 112 condos & 4,500 – 6,500 SF of commercial Current 6/1/04 Proposed NA Current 4/1/05 Proposed 4/1/06 Current 6/1/05 Proposed NA Current 8/1/06 Proposed 6/1/07 * Under the original Contract, phases NW and E were interchangeable in terms of the construction schedule. Under the Second Amendment to the Contract, the construction schedule was modified such that Phase NW was to precede Phase E. TOLD is now requesting that the construction schedule for these two phases be reversed such that Phase E precede Phase NW. St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 3 Implications of the Proposed Revisions As a result of the modifications to the Phase NE, E, and NW, the number of owner occupied housing units in the entire project is expected to total 322 which is close to the number of rental units (338) already constructed. The total number of housing units in the entire project however remains unchanged at 660. The five-story, “Lofts” building in Phase E will have a total of approximately 124,200 square feet. This is substantially larger than the mixed use office building originally planned for Phase E which was to have a minimum of 45,000 square feet. Thus, the revised plan for Phase E will result in a higher property valuation than was proposed in the original Contract. Recommendation The EDA’s attorney, in consultation with staff, prepared the attached Fourth Amendment to the Contract for Redevelopment with Meridian Properties and recommends its approval. Attachments: • Fourth Amendment to the Contract for Redevelopment with Meridian Properties Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 4 October 25, 2004 Draft FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the ___ day of___________, 2004, by and between the St. Louis Park Economic Development Authority (the “Authority”), a public body corporate and politic under the laws of Minnesota, and the City of St. Louis Park, Minnesota (the “City”), a Minnesota municipal corporation, and Meridian Properties Real Estate Development LLC (the “Redeveloper”), a Minnesota limited liability company. RECITALS WHEREAS, the Authority was created pursuant to Minnesota Statutes Sections 469.090 to 469.1081 (the “Act”) and was authorized to transact business and exercise its powers by a resolution of the City Council of the City; and WHEREAS, the Authority has undertaken a program to promote the development and redevelopment of land which is underutilized within the City of St. Louis Park, Minnesota (the “City”), and in this connection created the Redevelopment Project No. 1 (hereinafter referred to as the “Project”) in an area (hereinafter referred to as the “Project Area”) located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and WHEREAS, the Authority, City and Redeveloper entered into an Amended and Restated Contract for Private Redevelopment dated as of July 23, 2001 and recorded in the office of County Recorder on December 28, 2001 as Document No. 7615778 and filed in the Office of the Registrar of Titles on December 27, 2001 as Document No. 3477262 (the “Contract”), in connection with redevelopment of property within the Project described as follows: Lot 1, Block 1, Lot 1, Block 2, Outlots A, B, C, D, E, F, G, H, and I, PARK COMMONS EAST, according to the plat on file and of record in the Office of the Hennepin County Recorder AND All right of way to be improved as Wolfe Parkway adjoining the northerly line of PARK COMMONS EAST. (the “Redevelopment Property”); and WHEREAS, the Redeveloper assigned certain rights and obligations regarding Phase I (as defined in the Contract) to Excelsior & Grand LLC (the “Phase I Assignee”), assigned certain rights and obligations regarding Phase NE to Excelsior & Grand II LLC (the “Phase NE Assignee”), and intends to assign certain rights and obligations regarding Phase E to Excelsior & Grand IV LLC (the “Phase E Assignee”); and St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 5 WHEREAS, the parties entered into a First Amendment to Amended and Restated Contract for Private Redevelopment dated March 3, 2003, a Second Amendment to Amended and Restated Contract for Private Redevelopment dated September 15, 2003 and a Third Amendment to Amended and Restated Contract for Private Redevelopment dated October 7, 2003 (the “Contract”); and WHEREAS, the parties have determined to further amend the Contract as described herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 4.1(b) of the Contract is modified to read as follows: (b) Minimum Improvements. The Minimum Improvements consist of the following Phases, located as shown on the Master Site Plan: Phase I: Superblock, consisting of mixed use buildings containing 338 units of rental housing and approximately 62,700 rentable square feet of retail space. Phase NE A mixed use building containing 124 units of Owner-Occupied Housing, and approximately 4,500 rentable square feet of retail space. Phase E A mixed use building containing approximately 86 units of Owner- Occupied Housing, and approximately 14,235 rentable square feet of retail space, with approximately 109 below-ground residential parking stalls. Phase NW A mixed use building containing approximately 112 condominium units and approximately 6,500 rentable square feet of retail space. 2. The City and Authority acknowledge that Redeveloper may assign its rights and obligations with respect to Phase E under the Contract to the Phase E Assignee. However, notwithstanding such assignment, Redeveloper and Assignee shall remain jointly and severally obligated under this Section 4.13 of the Contract. 3. Schedule H in the Contract is modified to read as shown in Schedule H attached hereto. 4. The parties agree and understand that the Negotiation Period regarding Phase W under Section 4.1(d) has expired, and Redeveloper has no rights or interests in Phase W. 5. Section 4.12 of the Contract is modified to add the following paragraph: St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 6 In addition to the early start rights for Phases I and NE, the Authority will grant the Redeveloper rights of access to Phase E in order to commence construction of Phase E prior to conveyance of that property, if the following conditions are satisfied: (a) Redeveloper provides evidence reasonably satisfactory to the Authority that Redeveloper has obtained permanent financing for Phase E; and (b) the Redeveloper executes a right of entry agreement reasonably satisfactory to the Authority, which agreement provides commercially reasonable protections for the Authority, including without limitation payment bonds or comparable security. 6. The Contract remains in full force and effect and is not modified except as expressly provided herein. IN WITNESS WHEREOF, the Authority, City and Redeveloper have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______, 2004 by Sue Santa and Thomas Harmening, the President and Executive Director of the St. Louis Park Economic Development Authority, on behalf of the Authority. Notary Public St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 7 CITY OF ST. LOUIS PARK, MINNESOTA By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2004 by Jeff Jacobs and Thomas Harmening, the Mayor and City Manager of the City of St. Louis Park, Minnesota, on behalf of the City. Notary Public St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 8 MERIDIAN PROPERTIES REAL ESTATE DEVELOPMENT LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2004 by _________________________, the _________________ of Meridian Properties Real Estate Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 9 The undersigned, as assignee of certain rights under the Contract, hereby consents to the aforementioned Fourth Amendment thereto. EXCELSIOR & GRAND IV LLC By ___________________________ Its Manager STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2004 by _________________________, the manager of Excelsior & Grand IV LLCa Minnesota limited liability company, on behalf of the limited liability company. Notary Public St. Louis Park City Council Meeting 110104 - 4e - TOLD Development Agmt Amendment Page 10 SCHEDULE H CONSTRUCTION SCHEDULE Phase Target Commencement Required Commencement Target Completion Required Completion I And Initial Public Improvements* NA 8/20/01 9/1/02 7/1/03 NE NA 10/1/03 NA 4/30/05 E NA 4/1/05 NA 4/1/06 NW NA 4/1/06 NA 6/1/07 * Initial Public Improvements, as defined in Section 4.6(d), to be completed by February 1, 2003 St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 1 SJB-252731v1 SA285-40 4f. Motion to approve the Subordination Agreement between U.S. Bank National Association, the City of St. Louis Park, and the St. Louis Park Economic Development Authority and Excelsior & Grand IV LLC relative to the Excelsior and Grand Phase E Project. Background: Under the Amended and Restated Contract for Private Redevelopment (and its subsequent amendments) between Meridian Properties, the City of St. Louis Park, and the EDA, the EDA and City agreed to subordinate their rights under the agreement to the holder of any mortgage securing construction or permanent financing, subject to terms and conditions mutually agreeable by the parties. Just as there was a subordination agreement with the lender for Phase I and Phase NE, a similar subordination agreement is required with the lender for Phase E. The proposed subordination agreement asserts that the EDA’s and City’s rights under the Development Agreement and Deed for the Phase E property are subordinate to the lender’s rights under its loan documents pertaining to the Phase E property. The EDA and City d o not, however, subordinate their interests to the lender under the Assessment Agreement for Phase E. Recommendation: The EDA’s attorney prepared the attached Subordination Agreement and is recommending its approval. Attachments: Subordination Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 2 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (this "Agreement") is entered into as of the 15th day of October, 2003, by and among (i) U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Lender"), (ii). CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (the "City"), (iii) ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY a public body corporate and politic under the laws of the State of Minnesota (the "Authority"), and (iii) EXCELSIOR & GRAND IV LLC, a Minnesota limited liability company ("Borrower"). Recitals WHEREAS, the Authority is conveying or has conveyed to Borrower the real property legally described on Exhibit "A" attached hereto (the "Premises") pursuant to a certain Quit- Claim Deed dated _____________, 2004, filed for record in the Office of the County Recorder on ____________, 20___ as Document No. ________ and in the Office of the Registrar of Titles as on ____________, 20____ as Document No. ___________, Hennepin County, Minnesota ("Deed"); WHEREAS, Lender is making a loan to Borrower in the original principal amount of _________________________ Dollars ($__________________ (the "Loan") for the construction of an 86-unit condominium with commercial space in St. Louis Park, Minnesota ("Improvements”), upon the Premises; WHEREAS, as evidence of the Loan, the Borrower is executing and delivering to the Lender its Promissory Note dated _____________________, 2004, in the original principal amount of the Loan and is executing and delivering to the Lender its Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, each dated of even date herewith and certain other loan and security documents (collectively the "Loan Documents"); WHEREAS, Meridian Properties Real Estate Development LLC, a Minnesota limited liability company ("Meridian"), the Authority and the City have entered into a certain Amended and Restated Contract for Private Redevelopment Agreement dated July 23, 2001, filed for record in the office of the County Recorder on December 27, 2001 as Document No ________ and in the office of the Registrar of Titles on December 27, 2001 as Document No. ______,Hennepin County, Minnesota, as modified by that certain Supplement to Amended and Restated Contract for Private Redevelopment, dated December 1, 2001, as amended by that certain First Amendment to Amended and Restated Contract for Private Redevelopment, dated March 3, 2003, by that certain Second Amendment to Amended and Restated Contract for Private Redevelopment, dated as of September 15, 2003, by that certain Third Amendment to Amended and Restated Contract for Private Redevelopment, dated October 7, 2003, and by that certain Fourth Amendment to Amended and Restated Contract for Private Redevelopment, dated ___________________, 2004, (as amended, assigned and supplemented, the "Development Agreement"); St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 3 WHEREAS, Meridian has assigned certain of its interests in the Development Agreement to the Borrower under an Assignment and Assumption Agreement dated ________________, 2004 and consented to by the City and the Authority; WHEREAS, as a condition to the closing of the Loan, the parties hereto desire to memorialize their agreement concerning the subordination of certain of the City's and the Authority's rights under the Development Agreement and the Deed and certain other matters as set forth herein; and AGREEMENT NOW THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Subordination. City and the Authority hereby agree that their rights under the Development Agreement and the Deed with respect to the Premises and Phase E (as defined in the Development Agreement) including, but not limited to, any rights of re-entry or reversion of title are subject and subordinate to the Lender's rights under the Loan Documents including, but not limited to, the Mortgage, with the same force and effect as if the Loan Documents had been executed and delivered, and any liens created thereby perfected, prior to the execution and delivery of the Development Agreement and the Deed; provided, however, (a) this subordination shall only be construed to apply to effect the relative priority of the Development Agreement and the Deed as they apply to the legal parcel legally described on Exhibit "A" attached hereto, and (b) the Authority does not subordinate to the Lender the Authority’s interest in the Assessment Agreement Phase E between the Authority and the Borrower dated as of ________________, 2004. Notice to Authority. Upon delivery by Lender to Borrower of any notice of default by Borrower under any of the Loan Documents, Lender must deliver to the Authority a copy of such default notice. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Borrower, within such cure periods as are available to the Borrower under the Loan Documents. No Modification of Development Agreement. The City, Authority and Lender acknowledge that Lender is not a party to the Development Agreement. This Subordination Agreement contains the entire agreement as between the Authority, the City and the Lender with respect to each other under the Development Agreement and the Deed. This Subordination Agreement may be amended only in writing signed by all the parties hereto. Miscellaneous. This Agreement shall be binding upon the parties hereto and their respective successors and assigns, including all future owners of Lender's rights in the Loan Documents. St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 4 THIS SUBORDINATION AGREEMENT is executed and delivered as of the date first above written. LENDER: U.S. BANK NATIONAL ASSOCIATION, a national banking association By: Name: Title: STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of November, 2004, by _______________, a _____________ of U.S. Bank National Association., a national banking association, on behalf of the association. Notary Public This document drafted by: Frederick P. Angst, Esq. Briggs and Morgan, P.A. 2200 First National Bank Building 332 Minnesota Street St. Paul, Minnesota 55101 (651) 808-6600 St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 5 CITY: CITY OF ST. LOUIS PARK, a Minnesota municipal corporation By: Name: Jeff Jacobs Title: Mayor By: Name: Thomas Harmening Title: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2004, by Jeff Jacobs and Thomas Harmening, the Mayor and City Manager, respectively, of the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation. Notary Public St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 6 AUTHORITY: ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota By: Name: Sue Santa Title: President By: Name: Thomas Harmening Title: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2004, by Sue Santa and Thomas Harmening, the President and Executive Director, respectively, of the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the corporation. Notary Public St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 7 BORROWER: EXCELSIOR & GRAND IV LLC, a Minnesota limited liability company By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2004, by ____________________, the Managing Member of EXCELSIOR & GRAND IV LLC, a Minnesota limited liability company, on behalf of the Company. Notary Public St. Louis Park City Council Meeting 110104 - 4f - E&G Phase E Subordination Agmt Page 8 EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Block 1, Park Commons East 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION SEPTEMBER 14, 2004 at 7 P.M. REC CENTER PROGRAMMING OFFICE MEMBERS PRESENT: Bruce Cornwall, Kirk Hawkinson, Richard Johnson, Steve Hallfin, Sarah Lindenberg, Dana Strong, Tom Worthington MEMBERS ABSENT: None GUEST PRESENT: Tom Scott, City Attorney STAFF PRESENT: Rick Birno, Stacy Voelker and Cindy Walsh 1. Call to order Tom Worthington called the meeting to order at 7:05 p.m. 2. Adjustments to the agenda None. 3. Approval of Minutes from May 19, 2004 Kirk Hawkinson moved to approve the minutes from the May 19 , 2004 meeting, Dana Strong seconded. The motion passed 7-0. 4. New Business A. Review Code of Conduct and Park Reservation Permit Policy; Tom Scott Present Ms. Walsh introduced Tom Scott, the City’s Attorney, to the Commission members. Ms. Walsh advised the concerns stated from the Code of Conduct and Park Reservation Permit Policy include why the information is needed and what will be done with the information. Mr. Scott commented that the City is renting space to organizations to use their facilities. If this is viewed is a landlord/tenant relationship, basic ground rules (i.e. when to use, what to pay, how to conduct yourself when using the facility, and mechanical things) can be set. Ground rules keep this relationship straightforward. Specifying on-site conduct is legitimate in this type of a relationship. The City can encourage policies, but when the City advises of certain requirements (how they should structure their organization, etc) and these requirements are included into an agreement, an internal dispute could arise that the City would need to be prepared in handling. Mr. Scott indicated an example is if one association advised staff that another association was not following the rules and therefore should not be permitted to utilize the fields, staff would need to resolve the issue. Staff could resolve, but would be very time St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 2 consuming. It is legitimate for the City to advise what behavior is expected while using their facilities. When the City goes beyond that by asking for policies, how the organization runs internally, etc., they run a risk of going beyond the landlord/tenant relationship and disputes that may go to court which may be problematic. If certain information is required (by-laws, etc.) something should be done with it. Information can be required to ensure they are an organized association as there are no legal issues associated with that request; it’s a matter of policy. Mr. Scott expressed his main concern for a condition of use is how the organization conducts itself internally. Mr. Worthington advised of the Park Reservation Permit Policy in which Mr. Scott had reviewed during the last revision in 2003. Mr. Scott used #6 (“Organizations will allow participation regardless of economic, physical, or social needs”) as an example and asked if the City wants to put itself into a position to defend the requirements stated. Mr. Worthington feels this is a different situation as there is no rental fee, only a maintenance fee. Mr. Worthington feels there is a special relationship as the association’s model what the City would do and run sports as the City would. Many cities have initiated a Code of Conduct to ensure this. Mr. Worthington advised the Commission met with the associations and the associations expressed an interest in learning what the other associations do. The Commission then took the initiative to unify associations. Mr. Scott indicated the City/Commission needs to decide how involved they would like to get into situations. The more complicated the requirements, the more involved the City gets. If the City would like to pursue this avenue, the requirements must be very precise, updated, and staff needs to ensure all information received is kept up to date. Mr. Scott feels organizations run into trouble with policies when information is required but not implemented or kept current. He views the Code of Conduct as an effort to ensure compilation. A real commitment must be made to proceed. Mr. Hallfin asked what the fee that the associations pay is for and Mr. Birno advised it is a field maintenance fee, not a rental fee, due to previous budget cuts. The Commission previously reviewed and recommended the field maintenance fee. Mr. Hawkinson inquired on the difference between guidelines and rules/regulations. Mr. Scott advised guidelines are generally vague. He indicated, as a lawyer, it is not a huge legal liability issue, but potentially could be if it is in writing. Mr. Hallfin advised the Little League Association does not turn in all their rosters as stated in the policy. Mr. Birno indicated that according to the policy, associations should have this information available at staff’s request. Mr. Strong feels it is necessary to implement a Code of Conduct as problems have arisen in the past and associations would appreciate it. Mr. Strong feels by asking for bylaws, participant numbers, scholarship information, board member information (paid or unpaid), and how board members are elected would assist in St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 3 monitoring the associations to reduce private associations that don’t allow scholarships (as an example). These associations would then get lower priority for field usage which would free up space for the associations that are run similar to the City’s programs. Mr. Scott suggested asking for objective material (i.e. number of participants). He indicated when the City gets involved in asking for membership versus elected board information, these subjective items are more likely to cause issues. Mr. Scott suggested keeping the criteria objective to avoid issues. Mr. Worthington feels the Commission is in place to do better than that. Mr. Scott asked how far the Commission would like to go; what types of information is needed; and what is the use of the information. After those questions are answered, staff can work on the best way to word these requests. Mr. Scott advised that if a policy is adopted, it must be administered and kept up to date. Mr. Johnson inquired if #6 could be a potential law suit. Mr. Scott advised it could be and wondered if “economic” might lead to investigation into the association’s fee structure. Mr. Strong indicated he drafted a letter asked the associations for information but did not specify what the information would be used for. He wants to ensure everyone is allowed to play and feels it should be open to all constituents. Mr. Scott understands the Commission would like to ensure participation but advised the risk of an internal squabble. He advised that if the Commission decides it’s worth the risk, and then it can be done. Mr. Scott will assist staff in correct wording to incorporate a broader policy. He advised to keep criteria as objective as possible. Mr. Worthington inquired if some items should be revisited and Mr. Scott agreed. Mr. Johnson inquired if Mr. Scott views the Code of Conduct to be a separate document. Mr. Scott feels the Code of Conduct is separate from the Park Reservation Permit Policy and is no problem as it’s what the City expects when organizations or individuals are in our space. Ms. Walsh feels the Code of Conduct should be distributed to all associations, youth and adult. Mr. Birno feels the associations have been respectful of our policies and is unaware of any child that has been turned away from participating. Ms. Walsh suggested the Commission submit a list of suggested items to be included in the policy and forwarding them to Mr. Scott to indicate if they are objective or subjective. Mr. Scott agreed that is a good way to proceed and feels the Code of Conduct is acceptable as it is a separate issue and document. Mr. Cornwall inquired on the exposure of the request. Mr. Scott indicated that any time there is more involvement, there is more risk (if there’s a dispute). Mr. Scott indicated the City does not want to get involved to the extent of running or staffing associations. He also advises to make it clear the associations are separate organizations and not an agent or joint venture of the City. The City does not want the associations and the City to be viewed as one in the same. Mr. Cornwall inquired if there’s anything written that implies that they are one in the same. Mr. St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 4 Scott advised there is not and it was a hypothetical statement. Mr. Cornwall indicated that may arise if the City advises who is hired in the associations. Mr. Strong advised a lot of the hiring is mandated by State and Federal laws and doesn’t want the associations and the City to blend together. Mr. Worthington feels the policy should be reviewed again and asked staff to review it and advise what information is used and why. Mr. Strong would like to draft a letter asking associations for information, and route it to the Commission members and to Tom Scott for comments. Mr. Scott also advised all information that comes to the City becomes public information. Members briefly discussed the difference between private non-profit versus public non-profit. Mr. Scott discussed if staff would like to regulate whether the board is elected by a board (self perpetuating) or elected by the members (#4). He feels the statement in the policy is unclear. Ms. Walsh advised the Commission that Mr. Scott can assist with the wording if that’s what the Commission would like. Mr. Birno inquired what actions would be taken if the association does not elect members as required. Mr. Hallfin suggested dropping a group down on the priority list if it’s stated in their by-laws that it is how elections are held. Mr. Scott feels implying the board should be elected by members is a difficult dispute. He advised it is difficult to impose and to dictate the form of an organization. Mr. Scott indicated the City can require elections held a certain way but advised of issues that may arise. Commission members stated their main point is to ensure all associations are operating in the best interest of the public. Mr. Scott suggested making the document as objective as possible and making these guidelines versus a policy. The members thanked Mr. Scott for his contribution. Mr. Worthington asked staff and the Commission members to review the Park Reservation Permit Policy and Code of Conduct to make recommendations at the next meeting. Members requested a copy of the original policy from 2/8/95 in which Ms. Voelker will obtain. Mr. Strong will draft a letter to be circulated and reviewed at the next meeting. B. Soccer Survey Results Mr. Birno distributed, reviewed and briefly discussed the results from the soccer survey taken after the first year the Department ran the program. Mr. Cornwall and Commission members complimented staff on the program. Mr. Worthington inquired on the Maddali issue. Mr. Birno indicated staff and Mr. Strong met with them and provided soccer survey results from the City’s program. Mr. Maddali indicated he would like weekend training and scrimmages to be offered. Mr. Birno advised the Soccer Association was very receptive to sharing fields. Mr. Johnson inquired how this program affected the Soccer Association’s registration numbers. Mr. Strong advised their numbers were down but by the amount of individuals that registered for the City’s program. He feels individuals participated for the first time as it was affordable. Mr. Strong, along with the Commission members, indicated this is a win-win situation and staff agreed. St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 5 5. Old Business A. Commissioners’ Twilight Swim Recap Mr. Worthington thanked Mr. Johnson for all his help and advised he was missed during the event. Members advised the huge turnout was pleasantly surprising. Mr. Johnson inquired if the Commission would consider holding the event again in 2005 and advised he will be gone the month of July. Mr. Johnson suggested a dunk tank for Mayor Jeff Jacobs and the school principles. Mr. Worthington indicated people wanted more concessions (other than just candy). Mr. Hallfin inquired other ways money is received for the fee assistance fund. Mr. Birno advised of other donations received. Mr. Johnson suggested putting on poster that donations are accepted for the scholarship fund. Mr. Hawkinson feels this is a good idea as businesses asked about the program when they posted the flyers. B. Dog Park Update Ms. Walsh advised approximately 95 permits have been sold to date for the interim site and the permits are good through the end of the year. Advised phone calls have almost diminished and the ones received are positive comments. Ms. Walsh is aware of a few disputes between owners policing themselves which is what is preferred. Mr. Worthington inquired on usage statistics. Ms. Walsh indicated a task force will begin to look at permanent sites and will obtain usage statistics at that time. Minneapolis has contacted the City and the 40th and France site will be listed as a potential site. Mr. Hallfin inquired if the interim site could be a permanent site and Ms. Walsh advised it could not. Council prefers that site to be residential; the feel an off-leash dog park should have more terrain and shade available. The task force will begin discussing in October and will survey interim site along with discussing permanent options. Mr. Strong suggested sending a letter to all people interested advising of the task force. Ms. Walsh will keep members updated on progress of task force. 6. Communications A. Chair None. B. Commissioners Mr. Johnson indicated positive feedback was received from the Commissioners’ breakfast as employees were surprised and very appreciative. Mr. Strong suggested it be annual event. Mr. Hallfin inquired on the $5 per participant maintenance fee charged associations. Mr. Hallfin suggested charging a fee for the year versus the season. Mr. Strong advised more workable if charged per season, per activity. Mr. Hallfin inquired where the fee originates; how much money is needed to cover maintenance. Mr. Worthington advised the Commission discussed and felt $5 was reasonable. Mr. Worthington suggested groups display their user permit. St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 6 Ms. Lindenberg advised High School homecoming will be held October 11 through 15 with the parade on Friday, October 15th and game following. Members briefly discussed. C. Program Report – Rick Birno Mr. Birno updated the Commission on the following activities: the Goblin March and Boo-gie Concert will be held on October 29 at the Rec Center; adult athletics (softball, soccer and kickball) are beyond capacity; youth athletic registration is mild in the fall but will pick up in the winter; and non-school day programs are offered - some jointly offered with Community Education. Mr. Birno advised staff us in the midst of designing off-site opportunities for children to be held in the fall and winter. The School District will provide busing from the school to Westwood Hills Nature Center and to the Rec Center for these activities. Staff is currently in the process of designing winter activities. Mr. Johnson inquired on the amount of the revenue generated by the aquatic park. Ms. Walsh and Mr. Birno advised that final numbers are not available at this point. Mr. Worthington inquired on the Playground program in which Mr. Birno indicated registration was very good but there were kids in some of the parks that did not participate in the program. Staff will research how to get them involved. Mr. Johnson inquired on the 5K race status. Mr. Birno advised the main sponsor backed out and staff may pursue in the future if good partners can be acquired. D. Director’s Report Ms. Walsh confirmed agenda items for October include reviewing and discussing the Park Reservation Permit Policy and adopting the Code of Conduct. Ms. Walsh advised the Oak Hill Park project is moving along. The splash pad will be completed soon and the building/shelter is making progress. Mr. Birno advised the grand opening will be at the annual New Year’s Eve event. Mr. Strong inquired if Council approved the 2005 CIP and Ms. Walsh advised they will in December. Ms. Walsh addressed moving the Junior High planning CIP item to 2006 which was suggested by Mr. Strong. After discussing with Mr. Harmening, Ms. Walsh suggested inviting the new school superintendent to a Commission meeting and discussing at that time. Mr. Strong inquired if new school representative has been appointed to the Commission. Ms. Walsh indicated the position has not been filled and suggested interested applicants contact Sue Hillstrom at the School District or herself. Mr. Worthington asked the members to start thinking about what they are interested in pursuing in 2005. Mr. Johnson suggested the Commissioners’ sponsored breakfast be held the same date as in 2004 as it worked well. Ms. Walsh advised the next regular meeting will be Wednesday, October 20th. St. Louis Park City Council Meeting 110104 - 4g - PRAC Official Minutes from 9-14-04 Page 7 7. Adjournment Moved by Mr. Hawkinson and seconded by Ms. Lindenberg to adjourn. Motion passed 7- 0. With no further business, the Commission adjourned at 9:27 p.m. Minutes prepared and respectfully submitted by, Stacy M. Voelker Recording Secretary St. Louis Park City Council Meeting 110104 - 8a - Rental Housing Licensing Page 1 8a. First Reading: Proposed Ordinance Amending Chapter 8, Article VIII – Rental Housing Licensing Consideration of an ordinance amending Chapter 8, Article VIII to expand the rental housing licensing program to include 1 and 2 family dwellings. Recommended Action: Motion to approve first reading of an ordinance amending Chapter 8, subdivision VIII for rental housing and set 2nd reading for Monday November 15, 2004. Purpose of Ordinance: The proposed ordinance would help ensure residents have a safe, healthy environment to reside in as well as maintain housing and neighborhood vitality in the community. The proposal is for an expansion of the current rental housing licensing and inspection program in place for rental buildings with 3 or more units to include non-owner occupied 1 & 2 family dwelling units. Background: Initial property maintenance codes and inspection programs within the City began during the 1970’s. This was a very progressive action at the time since the majority of the housing units were relatively new. Over the ensuing years our property maintenance efforts have developed with additional program components added in response to an aging housing stock and identified concerns. During 1991 the City considered and subsequently rejected implementing licensing of single- family dwellings and duplexes. That proposal would have created special requirements for rentals, fundamentally different than the program expansion under current consideration. Although one and two family rental licensing was not adopted at that time, the City did implement a certificate of compliance requirement. Owners of rental homes were to contact the city at the time of tenant change for an inspection to check general safety requirements in the unit before the new tenant occupied. The few dozen inspections that owners requested during a typical year probably represented only a fraction of the total units being rented. The certificate of compliance program ended in 2001 when the city made significant changes to its Property Maintenance Program. A complete evaluation of all property maintenance and licensing programs occurred during 2000-2001. The resulting re-codification created a more comprehensive property maintenance code section, a property maintenance certificate required for the sale of all buildings, simplified business licensing, and a transfer of multi-family rental inspections from the Fire Department to Inspections. Earlier this year Council and staff discussed the need to re-consider initiating a licensing program for non-owner occupied 1 & 2 family dwellings. Following mailings to the owners of 780 non-owner occupied dwelling units possibly affected by the proposed ordinance, public meetings were held on September 23, 28, and October 19. Information on the proposed program St. Louis Park City Council Meeting 110104 - 8a - Rental Housing Licensing Page 2 was provided with ample time for questions and discussion. There were a total of 21 participants at the meetings and approximately 15 more calling or e-mailing with questions and comments. Public comments and suggestions offered to staff were included in previous correspondence to Council. Analysis: Need – This proposed ordinance is the result of identifying several documented concerns and changes in the community: • Correction notices from the past 15 months identify a very high percentage of non-owner occupied units needing corrective work. The City has needed to issue written correction notices to the owners of 258 rental property homes and duplexes to achieve compliance with minimum property maintenance codes. This amounts to about 33% of the estimated 780 rented units • Resolving property maintenance concerns for non-owner occupied housing has required proportionally more staff time. This may be a result of having only about 42% of the 780 non-owner occupied units owned by residents of the City. Staff has observed that additional efforts are needed to correct problems with absentee property owners. • Number of complaints received for rental units is proportionally about twice the rate compared to owner occupied homes. Since tracking incoming calls from November 2003 until June of 2004, one and two family rental properties comprised 8% of all calls received. • Substantial increase in the number of non-owner occupied dwelling units over the last three years. Although rental units provide a service in the community and are permitted, when coupled with the higher percentage of maintenance issues requiring corrective action, they create an effect in the community and on staffing resources. Housing Summit – Draft strategies resulting from the housing summit recommend “Continue implementation of Property Maintenance Code, i.e. inspections, licensing requirements and enforcement to encourage well-maintained housing”. Program Overview – The purpose of amending the rental housing license code section by expanding the type and number of units licensed is for continued improvement in the condition of the communities housing stock. The overall Property Maintenance Program currently in place consists of several components for both residential and commercial properties as can be observed in Attachment A. Licensing and inspection of non-owner occupied single-family dwellings and duplexes would add another component that utilizes existing codes, licensing systems, and inspection procedures. An estimated 780 homes and duplexes are currently non-owner occupied based on a review of assessing and utility billing records. Exceptions – There are three exceptions included in the proposed ordinance (Attachment B) to keep the program focused and accommodate many situations where the owner is a resident and directly responsible for property maintenance: St. Louis Park City Council Meeting 110104 - 8a - Rental Housing Licensing Page 3 1) A single family dwelling or single dwelling unit of a duplex occupied by the building owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) Rented dwelling units that are part of a condominium or townhouse association. License Process – Annual business license applications would be sent to each owner during November for the next calendar year. Completed applications and the annual license fee must be returned by December 31st. The owner will be issued a license for each building. A late fee would apply if the application and fee is not returned before the end of the year. Staff will be proposing an investigation fee ordinance to Council later this year which would be intended to recover costs when a business owner fails to receive a license for an operation requiring a business license. The proposed ordinance will be kept separate since the scope of that possible fee would include all business licensing including restaurants, tobacco sales and rental housing. Inspection Process - During the two to three year inspection cycle staff would schedule a date and time with the owner to complete the inspection. In the event non-compliant items are observed, a written notice will be provided with an agreed upon time for the re-inspection, allowing the owner reasonable time to complete repairs. Program Cost - Consistent with all of our permit and licensing programs, the cost of the proposed annual license needs to be sufficient to cover the operating, equipment, and overhead expenses of the program. Current staffing is not available to perform the approximately 20 hours per week of time this program will require with an estimated 780 units. Implementing the program will require filling a part-time benefit earning Environmental Housing Inspector position dedicated to rental housing property maintenance, adding approximately $50,000 per year in total costs. This level of staffing will enable an inspection to occur every 2-3 years, the same as for multi-family rental buildings. The frequency will depend on the actual number of rental units licensed, complexity of each inspection, and the number of needed re-inspections. Annual License Fee - The Finance Department completed a fee analysis to determine added costs associated with the proposed staffing and overhead. Based on a conservative projection of 700 licensed units, an annual license fee of $75 for each rental unit is proposed. Duplex buildings offer greater inspection efficiency, therefore a fee of $125 is proposed if both units are rented and can be inspected simultaneously. A third fee classification of $15 is proposed for Housing Authority owned units. These are currently inspected twice a year by Housing Authority staff, and while subject to the proposed licensing requirement and all property maintenance codes, will not need additional duplicative inspections. The program’s progress, staffing and fee would be reviewed annually for accuracy in conjunction with other fees and permits. Benefits - The same licensing and inspection program successfully in place for 7000 multiple- family units has demonstrated several benefits: • Provides renters a dwelling unit that meets minimum standards for health, safety, and general condition. St. Louis Park City Council Meeting 110104 - 8a - Rental Housing Licensing Page 4 • Importance of having current owner and manager contact information. Allows easier resolution of issues (especially minor ones) and is available to various city departments including Inspections, Public Safety, Public Works, and Assessing. • Provides a means for formal annual communication of information between the city and owner. This would include property improvement loan programs, trash collection changes, or other items of interest. • Allows easier participation in programs like the crime free housing initiatives coordinated by the Police Department. • Regular inspection can help keep property maintained before deteriorating conditions lead to greater costs. Effective Date – If adopted on November 15, 2004 the ordinance would require licensing effective January 1st 2005. Applications for the initial 2005 license would be mailed during the end of November. Attachments: Attachment A – Property Maintenance Program Graphic Attachment B – Proposed Ordinance Amendment Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Property Maintenance Program Attachment A Information & Education City-Wide Property Property Maintenance Certificate Maintenance (Residential & Commercial Assessment and Time of Sale) Compliance Commercial Building Complaint Response Fire Inspections (All properties) (Fire) Crime Free Housing Rehab Multi-Housing Activity (Police) (Community Dev.) Multi-Housing Rental Certificate of Occupancy (3 units +) (Change of commercial building use) Staff Resources City/State Licensing/ Codes Permitting Proposed Non-Owner Occupied Dwelling Units ATTACHMENT B ORDINANCE NO. ______ AN ORDINANCE EXPANDING THE RENTAL HOUSING LICENSE REQUIREMENT TO INCLUDE ONE AND TWO FAMILY DWELLING UNITS, AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CODE OF ORDINANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 8, Subdivision VIII of the St. Louis Park Code of Ordinances is amended as follows: Subdivision VIII. Multiple Family Rental Housing Sec. 8-326. License required. (a) The owner of a All residential buildings designed or operated primarily portion thereof operated as rental housing with three one or more dwelling units must obtain a multiple- family rental housing license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. (b) The term “rental housing” means any occupied dwelling or dwelling unit that is not owner occupied. The term includes any dwelling or dwelling unit occupied by a relative of the owner. (c) Exceptions. No license shall be required under the following circumstances: (1) A single family dwelling or single dwelling unit of a duplex occupied by the building owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) Rented dwelling units that are part of a condominium or townhouse association. Sec. 8-327. Maintenance. The building owner of multiple-family rental housing must maintain all units, common space and exteriors of such buildings in compliance with the City Code and state code and federal laws and regulations. The owner of such multiple-family rental housing shall perform a periodic assessment of all portions of the building and correct any inadequacies to ensure the building is maintained in good repair. Sec. 8-328. City inspections. (a) The owner of multiple-family rental housing shall permit access by the City to perform a minimum of one inspection within every two years period of the common space and every dwelling unit. The City may perform or require additional inspections if deemed necessary by the City or by the request of a tenant of such multiple-family rental housing. The owner of such multiple-family rental housing shall notify the occupants of the building tenant or tenants of the time when the City inspection will be conducted and request the cooperation of the occupants in the inspection provide access to the units. (b) The multiple-family owner’s rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. Secs. 8-329--8-345. Reserved. SECTION 2. Section 8-33 of the city code states that all fees for licensing shall be set by City Council. Annual business license fee for 1 & 2 family rental housing shall be $75 per dwelling unit, $125 per duplex when both units are licensed, and $15 for Housing Authority owned single family dwelling units. SECTION 3. The fees set in Section 2 above shall be included in Appendix A of the city code with other fees and charges called for by ordinance. SECTION 4. This Ordinance shall take effect January 1, 2005. Reviewed for Administration Adopted by the City Council _________, 2004 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Meeting 110104 - 8b - Parking Distances & Self-Propelled Wheeled Devices Page 1 8b. Parking Distance from Driveways and Alleys and Self-propelled Wheeled Devices Recommended Action: Motion to approve 1st reading and set second reading for November 15, 2004 amending the Ordinance Code for changing the parking distance from driveways and alleys and regulating the use of self-propelled wheeled devices. Background: Parking Distance from Driveways and Alleys Adoption of an ordinance amendment changing the parking distance from driveways and alleys to five (5) feet from the intersection of the curb line and the nearest edge of the driveway. This will allow approximately the length of one vehicle for safe access/egress to any driveway or alley. During the August 23, 2004 study session, Council members discussed concern over the proposed parking distance. As a result of this discussion, the proposed distance was reduced from fifteen (15) feet to five (5) feet. This ordinance was developed in cooperation with the Traffic Advisory Committee which considered citizen concerns Other cities have adopted similar ordinances, Robbinsdale (no defined distance but no blocking of driveway/alley allowed) and Richfield ( defines the parking distance from driveways and alleys as five (5) feet). Self-propelled Wheeled Devices Adoption of an ordinance regulating the use of self-propelled wheeled devices as defined in the proposed ordinance. With the development of a public skate park, this ordinance was created to regulate skateboard and in-line skating traffic in that public area during posted hours, and address public safety concerns throughout the city. During recent years numerous complaints have been received regarding skateboarding locations and practices. This ordinance was developed with the cooperation of the Park and Recreation Department as well as the Traffic Advisory Committee. The City of Robbinsdale has adopted an ordinance prohibiting the operation of self-propelled wheeled devices in their business district. Other cities similar in size and demographics have no ordinances regulating the use of these devices. Attachments: Proposed ordinance amendments Prepared By: John D. Luse, Police Chief Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 110104 - 8b - Parking Distances & Self-Propelled Wheeled Devices Page 2 ORDINANCE NO. ______-04 AN ORDINANCE REGULATING PARKING AND SELF PROPELLED WHEELED DEVICES AMENDING CHAPTER 30 OF THE ST. LOUIS PARK MUNICIPAL CODE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 30 of the St. Louis Park Municipal Code is hereby amended to add: Sec. 30-161. Parking Distance from Driveways and Alleys. No person shall park a vehicle on a public street, except in compliance with the directions of a police officer, within five (5) feet of a public or private driveway or alley. The five (5) foot distance shall be measured from a point which is the intersection of the projected street curb line and the projected nearest edge of the driveway or alley. SECTION 2. Chapter 30 of the St. Louis Park City Code is further amended to add article VI as follows: ARTICLE VI. SELF-PROPELLED WHEELED DEVICES 30-210. Definition. The term “self-propelled wheeled device” shall mean a non-motorized platform, flat board, shoe, or similar object mounted on wheels and designed or intended to propel a rider by human power or force of gravity including, but not limited to scooters, skate boards, rollerskis, rollerskates and in-line skates. These devices do not include a wheelchair operated by a disabled person, bicycles, wagons, or strollers. 30-211. Prohibited Acts and Regulations It shall be unlawful for any person to ride or operate a self-propelled wheeled device under any of the following conditions: (a) On private property of another, unless written permission has been obtained from the owner, occupant or person in control of the property. (b) On public or private property that has been posted prohibiting the operation of self-propelled wheeled devices. St. Louis Park City Council Meeting 110104 - 8b - Parking Distances & Self-Propelled Wheeled Devices Page 3 (c) On any state highway located within the City of St. Louis Park. (d) In a careless, reckless or negligent manner so as to be likely to endanger the safety of any person or the property of any other person. (e) In any area within the city while being pushed, pulled or in any way propelled by any motorized vehicle or bicycle. (f) In a skate park during prohibited hours. (g) Contrary to the rights and duties applicable to the driver of any vehicle pursuant to Minnesota Statutes, Chapter 169, except for those provisions therein which by their nature cannot reasonably be applied to such devices. SECTION 3. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. ADOPTED this ______ day of ____________, 2004, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By:___________________________ Jeffrey Jacobs, Mayor ATTEST: _______________________________ Cynthia Reichert, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney