HomeMy WebLinkAbout2003/04/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 7, 2003
Immediately Following EDA meeting
7:30 p.m. – Economic Development Authority
Study Session to follow Regular Meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Peggy Leppik from Metropolitan Council
b. Caring Youth Proclamation
c. National Telecommunicator’s Week Document
3. Approval of Minutes
a. City Council Minutes of March 17th, 2003 Document
b. City Council Study Session Minutes of March 10th, 2003 Document
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to move items
from consent calendar to regular agenda for discussion and to approve those items
remaining on the consent calendar).
5. Boards and Commissions
6. Public Hearings
6a. Amended Business Subsidy Policy Document
This report considers the adoption of an amended Business Subsidy Policy by the
St. Louis Park City Council.
Recommended
Action:
Motion to close public hearing and adopt the amended Business
Subsidy Policy for the City of St. Louis Park.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. First reading of an ordinance adopting optional chapters of the Minnesota
State Building Code and establishing an administrative fee when refunding
permit fees. Document
Changes to the Minnesota State Building Code necessitate amending sections of
Chapter 6, Buildings and Building Regulations, regarding fire suppression sprinkler
systems and fee refunds.
Recommended
Action:
Motion to adopt first reading of an ordinance adopting optional
chapters of the Minnesota Building Code and set second reading
for April 21st, 2003.
8b. Request of TOLD Development Company for an amendment to the
Comprehensive Plan to change the eastern 40 feet of the Commercial Mixed-
Use land use designation along Grand Way from Commercial Mixed-Use to
High-Density Residential; and First Reading of an ordinance to change the
Zoning of the same 40 feet from M-X Mixed-Use to R-C High-Density
Residential for: Phase II of Excelsior & Grand (Phase NE, Park Commons
East). Case Nos. 03-10-CP and 03-11-Z Document
Outlots D and E, Park Commons East (northeast corner of Park Commons Drive
and Grand Way).
Recommended
Actions:
Motion to adopt a resolution approving the Comprehensive Plan
amendment to change the eastern 40 feet of the Commercial
Mixed-Use land use designation to High-Density Residential
subject to Metropolitan Council, approve summary and authorize
publication.
Motion to approve First Reading of an ordinance to rezone the
eastern 40 feet of the M-X Mixed-Use District to R-C High-
Density Residential subject to approval of the Comprehensive
Plan amendment and to set Second Reading for April 21, 2003.
8c. Resolution To Oppose Conceal/Carry Legislation Document
This resolution opposes conceal/carry legislation which is under consideration by
the State legislature.
Recommended
Action:
Motion to adopt attached resolution as presented.
9. Communications
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administration Department) at 952/924-2525 (TDD
952/924-2518) at least 96 hours in advance of meeting.
ST. LOUIS PARK CITY COUNCIL
MEETING OF April 7, 2003
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to approve ordinance to enter into a natural gas utility franchise agreement with
CenterPoint Energy Minnegasco Resources Corporation and to authorize publication of
the attached ordinance summary Document
4b Motion to approve second reading of a zoning code map amendment to change the
zoning designation at 2370 and 2440 State Highway 100 S. from IG –General Industrial
and IP – Industrial Park to C2 – General Commercial, adopt ordinance, approve
summary, and authorize publication. Case No. 03-06-Z Document
4c Motion to Approve Second Reading of Proposed Amendments to Chapter 36 of St. Louis
Park Ordinance Code (Zoning) Relating to Retail Uses in the O-Office District, Planning
Fee Refunds, and Abandoned or Cancelled Variances, adopt ordinance, approve
summary, and authorize publication Case Nos. 03-08-ZA Document
4d Motion to approve second reading of text amendments to Chapter 36 of the Municipal
Code to exempt small schools in the R4 district from certain setback requirements subject
to approval of a conditional use permit, approve the Summary Ordinance and authorize
publication Document
4e Motion to adopt the attached resolution which provides support for improved funding
options for City street improvements Document
4f Motion to notify the LMCIT that the City Council does not waive the municipal tort
liability limits Document
4g Motion to authorize execution of an agreement and adopt reimbursement resolution for
removal, storage and re-installation of Rec Center west arena hockey dasher board
system with Becker Arena Products, Inc. in an amount not to exceed $25,585.00
Document
4h Motion to authorize execution of an agreement and adopt reimbursement resolution for
purchase of Rec Center west arena bleacher replacement materials with Becker Arena
Products, Inc. in an amount not to exceed $45,843.00 including tax Document
4i Motion to authorize execution of an agreement as the general contractor with Meisienger
in an amount not to exceed $1,477,000 for the renovation of the Rec Center roof over the
West Arena Document
4j Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha
Creek Watershed District to sweep four (4) local streets in the Spring and Fall of each
year Document
4k Motion to approve a 60 day extension of Beltline’s Wolfe Lake Professional Center Final
PUD and Final Plat consideration until June 15, 2003 Case No. 99-19-PUD Document
4l Motion to accept for filing the Planning Commission Minutes of February 19, 2003
Document
4m Motion to accept for filing the Housing Authority Minutes of February 12, 2003
Document
4n Motion to accept and file the Human Rights Commission Minutes of February 19, 2003
Document
4o Motion to accept and file vendor claims
4p Motion to accept for filing the Planning Commission Minutes of March 12, 2003
Document
4q Motion to accept for filing the Planning Commission Minutes of March 19, 2003
Document
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
April 7, 2003
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”.
PROCLAMATION
National Telecommunicator’s Week
April 12-18, 2003
WHEREAS, the Congress of the United States, and the President of the United States have established
the second week of April as National Telecommunicators Week; and
WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services;
and
WHEREAS, when an emergency occurs the prompt response of police officers, firefighters, and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from citizens who telephone the St. Louis Park/Golden Valley emergency
communications center; and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by
monitoring their activities by radio, providing them information and insuring their safety ; and
WHEREAS, Public Safety Dispatchers of the St. Louis Park/Golden Valley emergency communications
center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of
patients ; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the
performance of their job in the past year;
NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park
declares the week of April 12th through 18th, 2003 to be National Telecommunicator’s Week in St. Louis
Park, in honor of the men and women whose diligence and professionalism keep our city and citizens safe.
WHEREFORE, I set my hand and cause the Great
Seal of the City of St. Louis Park to be affixed this
7th day of April, 2003.
__________________________
Jeffrey W. Jacobs, Mayor
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 1 of 11
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
March 17, 2003
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
The following Councilmembers were present at roll call: Jim Brimeyer, Chris
Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff
Jacobs.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott);
Public Works Director (Mr. Rardin); City Engineer (Ms. Hagen); Finance
Director (Ms. McGann); Planning and Zoning Supervisor (Ms. Jeremiah);
Planning Coordinator (Ms. Erickson); Associate Planner (Ms. Grove);
Environmental Coordinator (Mr. Vaughan); City Clerk (Ms. Reichert); and
Recording Secretary (Ms. Samson).
2. Presentations: None
3. Approval of Minutes
3a. City Council Minutes of March 3, 2003
The minutes were approved with the following changes:
From Councilmember Nelson: Item 8a, Page 4, Paragraph 2, Sentence 2, delete:
the study adequately addresses.
From Councilmember Nelson: Item 8a, Page 6, Paragraph 2, the last word of that
paragraph, delete policy and replace with hearing.
From Councilmember Nelson: Item 8a, Page 6, Paragraph 4, at the end of the
paragraph add: Councilmember Nelson would like to clarify that the resolution
incorporates the language suggested by Mr. Meyer, i.e., the Quadion site west of
Wooddale Avenue.
From Councilmember Nelson: Item 8a, Page 6, Paragraph 7, delete: The
concerns were not adopted into the final report and replace with The concerns of
Council about Quadion’s density were not adopted or included into the final
report.
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 2 of 11
From Councilmember Sanger: Item 8a, Page 5, Paragraph 4, delete:
Councilmember Sanger does not want to bind on one particular issue, and replace
with Councilmember Sanger wanted clarity on one particular issue,
3b. Study Session Minutes of February 10, 2003
The minutes were approved as presented.
3c. Study Session Minutes of February 3, 2003
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a Approve the attached agreement with Hennepin County for an
Environmental Response Fund Grant for Edgewood Area Properties
4b Adopt Resolution No. 03-032 rescinding parking restrictions on Quentin
Avenue north of Excelsior Boulevard to Park Commons Drive and
adopting Resolution No. 03-033 for installation of new parking
restrictions
4c Adopt Resolution No. 03-034 rescinding Resolution No. 99-161, which
authorized “One Hour Parking” restrictions on Louisiana Circle
4d Adopt Resolution No. 03-035 that declares the petition adequate for the
purposes of preparing a formal City Engineer’s Report on the feasibility
and costs associated with a proposed alley improvement project in the
2700 block of Raleigh and Salem Avenues
4e Adopt Resolution No. 03-036 to approve St. Louis Park Lions Club's
application for the placement of 7 temporary signs in the public right-of-
way
4f Accept for filing the Park and Recreation Advisory Commission Minutes
of January 16, 2003
4g Accept for filing the Board of Zoning Appeals Minutes of December 3,
2002
4h Accept for filing the Board of Zoning Appeals Minutes of January 23,
2003
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 3 of 11
4i Accept Vendor Claims for filing (Supplement)
It was moved by Councilmember Velick, seconded by Councilmember Santa, to
approve the Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
5. Boards and Commissions
5a. Telecommunications Advisory Commission 2002 Annual Report
The Telecommunications Advisory Commission (“TAC”) presented its 2002
report to the Council. Dale Hartman, TAC Chair for 2002, introduced TAC
Commissioners Bruce Browning, Ken Huiras, and Rolf Peterson, who were in
attendance. Additional Commissioners include Rick Dworsky, Bob Jacobson,
and Mary Jean Overend. Reg Dunlap, the TAC staff liaison was also present.
Current TAC Chair Huiras listed items on the TAC’s work plan for 2003.
Mayor Jacobs thanked the Commissioners for their report, and Councilmember
Nelson expressed appreciation to the TAC regarding his proposal to replay City
Council meetings more frequently. Mayor Jacobs thanked Reg Dunlap and John
McHugh for their good work.
It was moved by Councilmember Velick, seconded by Councilmember Omodt, to
receive Annual Report for filing.
The motion passed 7-0.
6. Public Hearings
6a. Public Hearing on renewal of a natural gas utility franchise
agreement with CenterPoint Energy Minnegasco Resources
Corporation
Public Works Director Mike Rardin gave a brief overview of the franchise
agreement with Minnegasco, now known as CenterPoint Energy Minnegasco
Resources Corporation (“CPEMR”). The franchise agreement will expire June
30, 2003. Mr. Rardin discussed the eleven sections of the proposed agreement.
One change to the agreement is that the term of the agreement shall be reduced
from 20 years to 10 years.
Mayor Jacobs opened the public hearing.
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 4 of 11
Connie Hargest represents CPEMR, 800 LaSalle Avenue, Minneapolis, 55402,
and she said CPEMR has no major problem with a 10-year agreement but they
would prefer a 20-year term to avoid administrative costs. Ms. Hargest thanked
Mr. Rardin and city staff. She distributed information to the Council on the
history of the company’s service to the city.
Mayor Jacobs closed the public hearing.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to
adopt first reading of an Ordinance as drafted with a 10-year expiration date,
granting CenterPoint Energy Minnegasco a non-exclusive natural gas utility
franchise and set Second Reading for April 7, 2003.
The motion passed 7-0.
7. Resolutions, Ordinances, Motions
7a. Accept the FIN (Fishing In The Neighborhood) Program at Wolfe
Lake
Environmental Coordinator Jim Vaughan briefly explained the Fishing In the
Neighborhood (“FIN”) program, which is sponsored by the DNR. The FIN
program annually stocks a variety of fish in lakes, particularly Wolfe Lake, which
creates a local fishing opportunity for residents and increases appreciation for
natural resources.
Mark Nemeth, DNR West Metro Fisheries, 9925 Valley View Road, Eden Prairie,
presented information on both Items 7a and 7b in regard to FIN in general and
Wolfe Lake in particular.
Councilmember Omodt asked about ice safety with an aerator on a small lake.
Mr. Vaughan responded that there may not be a need for an aerator given an
existing cascading waterfall, which is a pump system. Mr. Vaughan said warning
signs would be posted.
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to
approve and accept the FIN (Fishing in the Neighborhood) program at Wolfe
Lake sponsored by the Department of Natural Resources (DNR).
Councilmember Santa asked about the water quality of Wolfe Lake in regard to
fish consumption. Mr. Nemeth said, currently, the stocked fish are from a lake in
western Hennepin County, and the fish advisory consumption for those lakes is
generally pretty good. He said surveys are being done on lakes previously
stocked by the DNR to get an idea how much the stocked fish have accumulated
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 5 of 11
chemicals or PCBs, and hopefully he can share that information with Council
later.
The motion passed 7-0.
7b. Shoreline Habitat Improvement Grant for Wolfe Lake provided by
the Department of Natural Resources
It was moved by Councilmember Santa, seconded by Councilmember Nelson, to
approve and accept the DNR Shoreline Habitat Improvement Grant for Wolfe
Lake through the Department of Natural Resources.
The motion passed 7-0.
7c. City Engineer’s Report: 2003 Sidewalk Improvement Project, City
Project No. 03-01A Resolution No. 03-029
Mr. Rardin briefly recapped the status of the City’s sidewalk trails. He reported
that two-thirds of the sidewalk trails are complete, however, due to budget
concerns and limitations on bonding, the package before the Council tonight is for
those sidewalk segments along state aid streets. The reason being that state aid
funding can be used to construct them. Mr. Rardin said, initially, general
obligation bond money was to be used to construct all of the improvements.
City Engineer Maria Hagen reported on the sidewalk trails, specifically, the six
that are in the state aid system. Ms. Hagen said preliminary plans have been
prepared and, if funding is available, Staff can move quickly.
Councilmember Nelson is pleased that Staff has listened to the concerns of the
neighborhood, and he referred to the petition of September 15th and a letter dated
November 4th. He asked if Brookside Avenue is designated as an MSA route, and
does narrowing the street have implications. Ms. Hagen said it is an MSA street,
and it can be narrowed but would require the removal of some parking.
Councilmember Nelson asked if the new concept has been voted by the residents,
and Ms. Hagen responded not yet. He will support it, and added that in the Staff
report it is stated that all the residents along the project areas will be consulted.
It was moved by Councilmember Nelson, seconded by Councilmember Velick, to
adopt Resolution No. 03-029 to accept this report, establish the improvement
project, and direct staff to sponsor informational meetings with affected property
owners, for construction of various sections of concrete sidewalk and bituminous
trail.
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 6 of 11
The motion passed 7-0.
7d. Authorize 2003 General Obligation Bond Issue. Resolution No. 03-030
Finance Director Jean McGann said the City Council is being asked to authorize
the issuance of $4,145,000 General Obligation (“GO”) bonds. Due to legislative
files currently in the house and senate, the City has downsized the amount of
General Obligation bonds. Ms. McGann said House files have specific cutoff
dates of March 31, 2003 or April 30, 2003, and indications are that contracts must
have already been entered into; the money must have already been spent; or the
City must have reimbursement resolutions, along with various contracts, that one
is obligated to complete the projects.
It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger,
to authorize issuance of $4,145,000 General Obligation Bonds and approve
reimbursement Resolution No. 03-030 for specific projects.
After discussion, Councilmember Brimeyer said he will have a second motion.
Councilmember Nelson said he will submit something he has been working on to
the governor and those who have authored the bills that are causing the City’s
problems, and he will ask that our representative help carry his concepts forward.
The motion passed 7-0.
It was moved by Councilmember Brimeyer to direct Staff to prepare a second
bond issue on some of the other projects formerly discussed. Councilmember
Brimeyer went on to say that he wonders if a charter city, whose charter has
spelled out what it can do with debt limits, is pre-empted by State law—it
probably is, he added—but it might make for an interesting case and he would
like to be a part of that. He said, perhaps the City could proceed on that basis to
get a second issue ready by May. He would like to know if that is possible.
Councilmember Brimeyer suggested letting this one go (the General Obligation
bonds) and proceed with another issuance, which would be the responsible thing
to do. He said Staff will have to determine the amount of another issuance and
inform Council of the amount.
Councilmember Sanger seconded the motion and stated she was pleased with
Councilmember Brimeyer’s suggestion. She said it is important for Council to
understand the legal limits and how far this can go. Councilmember Sanger
thinks the Council has been prudent in its authority to issue bonds for public
projects that have benefited the community, and she wants to be able to do that in
the future to the extent that it is legally feasible.
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 7 of 11
Councilmember Sanger would like to have a Study Session or a meeting to have it
explained to Council just what the limits are, and what the legal parameters are
that can be pushed as far as proceeding with a subsequent bond issue. She also
requested Staff’s input on what projects they would propose and the associated
dollar amounts.
Councilmember Sanger said residents need to understand what the impact on the
City’s quality of life would be if the City is unable to get additional bonding to
construct projects such as the bike trails, sidewalks, and storm water projects.
Councilmember Nelson said the City must go about its normal business, i.e., to
maintain the City and improve it. He said, we need to get together the balance of
the Capital Improvement Program (“CIP”) to figure out how that will be; what
can be reasonably cut out; and put that together in a second bonding package. We
must continue to anticipate the City’s needs and provide for them.
City Manager Charlie Meyer said the original plan would have been to bond for
more money this spring and do some additional projects. If issuing bonds now,
Mr. Meyer is not sure it is the prudent thing to do as it would require the City’s
time and money to prepare another bond issuance for 30 days later. If there are
projects the City wants to go ahead and do, and if considered prudent stewardship
to continue to work on capital projects, there are mechanisms other than preparing
a bond resolution, i.e., there is the potential for reimbursement resolution[s]. Mr.
Meyer said the question is: Do we want to spend Staff time and money to
organize another bond authorization or continue to look at capital projects in a
prudent manner? Mr. Meyer continued: One gets a fight with the legislature over
whether charter beats statute or vice versa; the other gets a reasonable way of
looking at the City’s programs. Bonds can be issued one year or so out and
projects are still doable. The City can review its planning standpoint in regard to
projects. He asked, What is to be accomplished with this motion?
Councilmember Brimeyer would like to discuss this at a Study Session.
Councilmember Brimeyer asked: What projects, if the City were to issue the full
amount, what projects are we not now including because of the pending
restriction[s]? He is not suggesting an issue in 30 days but would like to
demonstrate that there are other projects on the books, such as the pavement
management program, storm water program, and finishing the sidewalk and trail
program.
Councilmember Nelson said the proposed bond issue has one project identified
with the 2003 CIP, and one for the 2004 CIP; the others appear to be projects that
are being wrapped up. He said we need a way to fund the CIP, and that may be
with a reimbursement resolution but he does not see a reimbursement resolution
in the Staff report.
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 8 of 11
Mr. Meyer said no, Staff is not proposing any reimbursement resolution out of
this but rather these are projects the City is obligated for and there will be a
discussion about having to award a general contract for the Rec Center roof
project. A contract for the structural steel has been issued and bids will open next
week, and it must be awarded prior to March 31st to stay on the safe side of Senate
File 330, which would preclude the City from issuing bonds for projects not
committed by March 31,2003. Mr. Meyer said other mechanisms may be
available for other CIP projects as the legislative session progresses and we may
have the ability to issue more bonds.
Councilmember Nelson said Council continues to direct Staff to work on the CIP.
Councilmember Sanger wants a Study Session not to review the CIP per se but to
get a better understanding of what the proposed limits would be on the Council as
a result of the proposed legislation, should it pass.
Councilmember Brimeyer restated the motion to direct staff to determine what
projects might we include and what dollar amounts might we be talking about if
we should be looking at another bond issue somewhere down the road within less
than a year’s period of time.
The motion passed 7-0.
7e. Proposed Amendments to St. Louis Park Ordinance Code (Zoning)
Relating to Retail Uses in the O-Office District, Planning Fee Refunds,
and Abandoned or Cancelled Variance
Case Nos. 03-08-ZA
Planning Coordinator Judie Erickson gave a report on the proposed amendments
to Chapter 36 of the ordinance code.
It was moved by Councilmember Sanger, seconded by Councilmember Velick, to
approve first reading of Ordinance Code text amendments (related to zoning) to
modify conditions for approving retail uses in the O-Office District, Planning Fee
Refunds, and Abandoned or Cancelled Variances and set second reading for April
7, 2003.
The motion passed 7-0.
7f. Request of The Luther Company for a Comprehensive Plan Map
change from Industrial to Commercial and a zoning map change from
IP – Industrial Park and IG – General Industrial to C2 – General
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 9 of 11
Commercial for property located at 2370 and 2440 State Highway 100
S. Case Nos. 03-06-Z and 03-07-CP
Ms. Erickson reported on the request of The Luther Company for a
comprehensive plan map change to allow for the redevelopment of their property
for motor vehicle sales.
Councilmember Sanger asked, if it were to be changed to C-2, what would
happen if a different type of commercial enterprise wanted to use this site. She is
concerned that in a C-2, a significantly greater amount of traffic might be
generated by something other than a car dealership. Councilmember Sanger
would like to have the zoning code reviewed for conditions or CUP requirements
for some of the other uses to minimize potential adverse traffic issues.
Councilmember Sanger also asked about overflow parking from the dealership on
neighborhood streets, and she would like to know if there is sufficient additional
space on this site to accommodate all of the dealership’s needs for inventory,
customer parking, and employee parking.
Ms. Erickson suggested that language be put in the Comprehensive Plan in the
Plan by Neighborhood section to prohibit unfavorable uses.
Tim O’Dougherty, Luther Company Ltd. Partnership, 701 Xenia Avenue South,
#220, said all activities are anticipated to be contained on the site, and no parking
on neighborhood streets at the new site. Mr. O’Dougherty hopes to have the
congestion on the west side site resolved this week by pulling a portion of the
operation off of the site completely.
Councilmember Sanger asked Mr. O’Dougherty if there will be sufficient space
on The Luther Company site to accommodate all vehicles, and he responded yes.
Councilmember Nelson encourages the adoption of some Comprehensive Plan
text amendments to address the concerns mentioned by Councilmember Sanger.
It was moved by Councilmember Sanger, seconded by Councilmember Velick, to
adopt Resolution No. 03-031 of approval of the Comprehensive Plan amendment
to change the land use designation from Industrial to Commercial subject to
approval of the Metropolitan Council and authorize summary publication.
The motion passed 7-0.
It was moved by Councilmember Sanger, seconded by Councilmember Velick, to
approve first reading of a zoning map amendment to change the zoning
designation from IG –General Industrial and IP – Industrial Park to C2 –
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 10 of 11
General Commercial subject to approval of the Comprehensive Plan change by
the Metropolitan Council, and set second reading for April 7, 2003.
The motion passed 7-0.
7g. First reading of text amendments to Chapter 36 of the Municipal
Code to exempt buildings and play areas for small educational
facilities, limited to 20 students, in the R-4, Multifamily residential
zoning district from the 50 foot setback requirements from other lots
in the R-4, or R-C District
Case 03-05-ZA
Planning Associate Julie Grove presented a report regarding text amendments to
Chapter 36 of the Municipal Code.
Councilmember Nelson said he has some reservations about the school being in
an R-4.
Councilmember Sanger is comfortable going forward with the ordinance, with the
conditional use permit (CUP) language in it, and she hopes Staff will be able to
expedite the process or run the CUP process concurrently so that the school may
open in the fall.
Councilmember Sanger has concerns about the ability to have other educational
facilities in a C-2 district; she would be concerned about going forward with
another ordinance on that.
Councilmember Omodt asked if an apartment in the basement of the school would
be allowed, and Ms. Grove said no.
Councilmember Santa would also like to expedite the process for the
Metropolitan Open School to be ready for the start of the school year.
It was moved by Councilmember Santa, seconded by Councilmember Omodt, to
approve first reading of zoning text amendments for small schools in R4 as
recommended by staff and the Planning Commission and corrections to the land
use table and set Second Reading for April 7, 2003.
The motion passed 7-0.
It was moved by Councilmember Santa, seconded by Councilmember Omodt, to
direct staff to initiate ordinance amendments to require educational facilities to
be considered as a conditional use in the C-1 Neighborhood Commercial and C-2
General Commercial Districts.
St. Louis Park City Council Agenda
Item: 040703 - 3a - Council Minutes of March 17, 2003
Page 11 of 11
The motion passed 7-0.
8. Communications
From the Mayor: Mayor Jacobs announced that the Youth Summit will take place
on Wednesday, March 26th, at 5:30 p.m.
The Senior Summit will take place on Monday, June 30th, however, details are not
available as the summit is in the planning stages.
Councilmember Brimeyer: He received an e-mail on proposed legislation
indicating prohibition on the further study of the SW corridor. Councilmember
Brimeyer inquired about how best to represent the City’s interest at an upcoming
public hearing.
From the City Manager: Mr. Meyer said a City Council Special Meeting needs to
be scheduled. It was decided that the Special Meeting will take place on Monday,
March 31st, at 6:00 p.m., however, only five Councilmembers will be able to
attend.
9. Adjournment
Mayor Jacobs adjourned the meeting at 9:20 p.m.
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 040703 - 3b - Study Session Minutes of March 10, 2003
Page 1 of 4
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
Minutes of March 10, 2003
The meeting convened at 7:00 p.m.
Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Sue
Santa, Sally Velick, and Mayor Pro-tem Susan Sanger.
Staff present: Deputy City Manager (Mr. Pires), Director of Community Development (Mr.
Harmening), Economic Development Coordinator (Mr. Hunt), Director of Inspections (Mr.
Hoffman), Inspections Supervisor (Ms. Boettcher), and City Clerk (Ms. Reichert).
1. Smoking Task Force Update
Mr. Jim Rhodes, Smoking Task Force Chair, gave an update to Council on the progress of the
task force. He stated that the task force looked at health effects of tobacco smoke, ventilation
systems, the limitations of purification systems, Building Code requirements, effects on
businesses, other communities’ efforts, and testing equipment & procedures. The task force
recommended development of a public disclosure program as well as testing for relative levels of
tobacco smoke in restaurants, and development of an incentive program to assist businesses in
reducing tobacco levels.
Mr. Hoffman stated that funding would be needed to initiate the program. Councilmember
Nelson inquired if MPAT could provide funding. Dr. Hanson, Smoking Task Force member,
replied that he was supportive of the proposal and funding from MPAT could very well be a
possibility.
Councilmember Sanger was concerned that creating incentives for establishments to become
smoke free would not result in a total ban on smoking. Councilmember Nelson replied that peer
pressure and public awareness are incentives as well.
Councilmember Velick asked for the opinions of the establishment owners. Mr. Phil Weber,
Smoking Task Force member, replied that restrictions would have a definite impact on business
and added that many patrons to his establishment go there to smoke. He stated that even though
the trend is toward non-smoking establishments, most of his workers choose to work there
because they smoke themselves.
The Council consensus was that the task force did a good job on how they approached the issue.
Councilmember Sanger stated that they need to inform the public about the task force report as
well as develop an organized effort to obtain information from the public on the issue.
Councilmember Brimeyer would like to see that effort realized.
St. Louis Park City Council Agenda
Item: 040703 - 3b - Study Session Minutes of March 10, 2003
Page 2 of 4
Councilmember Nelson suggested that they accept the report and bring forth an ordinance. He
added that public meetings should be held in conjunction with the ordinance process.
Councilmember Sanger stated that she did not want to have a response similar to those in other
cities that have gone smoke-free. Councilmember Brimeyer felt a major difference is that St.
Louis Park involved the community and developed a task force which had achieved consensus
from members with widely differing perspectives.
Mr. Pires suggested holding forums to inform the public then proceeding with an ordinance.
Councilmember Nelson felt that the work of the task force could be compromised if the
information process is not handled correctly. Dr. Hanson felt that there is too much controversy
when trying to adopt a broad ban ordinance and that the process that the task force developed
was innovative and constructive.
Council concluded that the task force process has ended and thanked them for their good work.
Councilmember Sanger asked the members of the task force to continue participating in the
public education process. Mr. Hoffman stated that staff would put together a summary and move
forward with the process.
2. Belt Line Industrial Park, Inc. Tax Increment Application
John and Charlie McCain were present at the meeting.
Mr. Hunt reported that the proposal would demolish the original building and construct a two-
story building as well as a one-story building on the vacant, western edge of the property. The
proposed names of the buildings would be Wolfe Lake Professional Center and Wolfe Lake
Professional Center West. He added that the land use has already been changed to commercial
and both a Preliminary Plat and PUD have been approved. Staff had concerns that the proposed
twenty-five year term could establish a precedent that does not follow the EDA’s preferred
repayment schedule.
Councilmember Brimeyer inquired if the soils were contaminated or of poor quality. Mr.
Harmening replied that the soil was soft. He added that the proposal did not originally address
TIF, but now the applicant is asking for TIF due to the soil condition.
Councilmember Nelson was concerned about the size of the gap in funding and the fact that the
soil is bad, not contaminated. Councilmember Brimeyer stated that he would support TIF only
for improving the soil condition and demolition of the existing building.
Mr. Harmening stated that Council needs to make a policy decision of whether to move forward
with the proposal.
Councilmember Nelson inquired about the future plans for the Post Office. Mr. McCain replied
that they are in the process of negotiating with the Post Office for retail and distribution. He
stated that they are also working with the other tenants.
St. Louis Park City Council Agenda
Item: 040703 - 3b - Study Session Minutes of March 10, 2003
Page 3 of 4
Councilmember Santa felt that a twenty-five year payback period was too long and would like to
see a ten to fifteen year period. She also would like to see the number of jobs that this
redevelopment would create.
Councilmember Velick inquired if staff would have the resources to handle this project. Mr.
Harmening replied that a lot of work has already been accomplished and he believed that staff
could handle it.
Councilmember Nelson inquired how the negotiations with the others tenants are going. Mr.
McCain replied that it is difficult to get feedback without development approvals.
Councilmember Sanger asked if the density levels could be raised. Mr. McCain replied that the
floodplain is an issue and the density is as high as they can get it. Councilmember Sanger
inquired about the public purpose this project would serve. Mr. Harmening responded that the
public purposes were very clear; it would redevelop an underutilized site, help to correct traffic
issues, increase the value of properties significantly, increase the density in the area and is also
consistent with the Comprehensive Plan.
Mr. Harmening wants to make sure that the interest rate in the feasibility study was realistic to
ensure that the financial outlook was accurate. Council would like more information and for
staff to verify the need to approve tax increment financing to see redevelopment in this area.
Councilmember Sanger inquired if this project would redirect resources from the Texa-Tonka
efforts. Mr. Harmening replied that it would not. He stated that staff would bring this issue back
to Council in 60 days.
3. Northeast Corner of Louisiana Ave S and Walker St
Mr. Hunt reported that the previous business that showed interest in the site has moved to
another site within the city. Anderson Builders is now interested in entering into a preliminary
development agreement to research the feasibility of constructing a fourteen to fifteen thousand
square foot office building in which it would move some of its offices as well as rent out a
portion to another tenant. He recommended moving forward with the process.
Council was concerned about parking for the Park Tavern establishment as the site in question
has been leased to them on a month to month basis for that purpose. Mr. Hunt responded that he
believed a solution could be found.
4. Business Subsidy Policy
Staff reported that the Business Subsidy Policy needs to be changed due to amendments made to
the business subsidies law by the State Legislature.
Councilmember Nelson would like to see a preamble added to the document stating the policy.
St. Louis Park City Council Agenda
Item: 040703 - 3b - Study Session Minutes of March 10, 2003
Page 4 of 4
Council inquired if a payback option could be considered criteria for granting a business subsidy.
Councilmember Santa felt the policy needed a feasibility requirement. Councilmember Sanger
felt that the proposed requirement stating that any business granted a business subsidy pay their
employees at least 110% of the Federal minimum wage was too low a number.
Mr. Harmening stated that keeping that figure low would help developers meet the criteria. Mr.
Hunt suggested adding a statement to the policy indicating preference for higher wage jobs.
Staff would be back with changes and would set the public hearing for April 7, 2003.
5. Hennepin County Environmental Response Fund Grant Agreement
Mr. Hunt reported to Council that the grant has been approved by Hennepin County and
recommended that the grant be approved by Council on March 17th so that work on Phase I of
the clean-up could begin. Council directed staff to move forward with the process.
6. Communications
Mr. Brimeyer inquired about general obligation bonds and if more projects should be considered,
such as storm sewer and the pavement management program. Staff replied that the timing is
difficult now and the Legislature is considering limiting general obligation bonds to those
projects that are currently under contract or that have already been approved.
Councilmember Santa informed Council that she had received a request for reallocation of
CDBG funds. In light of current state budget issues and cuts to programs, it may be wise for
council to revisit their policies about contributions to social services organizations. Staff was
directed to place the issue on an agenda for future discussion.
7. Adjournment
The meeting was adjourned at 9:55 p.m.
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 1 of 9
4a. Motion to approve ordinance to enter into a natural gas utility franchise
agreement with CenterPoint Energy Minnegasco Resources Corporation and to
authorize publication of the attached ordinance summary
BACKGROUND: At the meeting of March 17, 2003, Council approved first reading of an ordinance
granting CenterPoint Energy Minnegasco Resources Corporation (Minnegasco) a non exclusive natural
gas utility franchise and set second reading for April 7, 2003. No issues or concerns were raised at the
March 17 meeting. No changes have been made to the proposed ordinance presented to Council on
March 17.
PROPOSED AGREEMENT: The following 11 sections and brief descriptions comprise this
agreement:
A. Section 1. Definitions.
B. Section 2. Franchise – grants non-exclusive franchise; determines effective and termination dates;
establishes conditions for default; and, provides for possible continuation of franchise.
C. Section 3. Conditions of Use – establishes utility location and mapping requirements; requires
permits for utility work; and, establishes notice, protection, and restoration requirements.
D. Section 4. Relocations – establishes relocation requirements and provides for vacation of public
right of ways.
E. Section 5. Defense and Indemnification – requires indemnification and defense by franchisee for
negligence on their part.
F. Section 6. Successors in Interest – allows franchise to be continued by a Successor Company.
G. Section 7. Franchise Fee – allows for the establishment by separate ordinance of a franchise fee by
the City.
H. Section 8. Limitation on Applicability – franchise applies only to the City and Minnegasco.
I. Section 9. Previous Franchises Superseded – replaces previous franchise on effective date.
J. Section 10. Amendments – allows agreement to be amended by ordinance agreed to by
Minnegasco.
K. Section 11. Severability.
ADOPTION PROCESS AND SCHEDULE: The following schedule completes the process for
adoption of this Franchise agreement.
• Second reading (adopt ordinance, approve summary and
authorize summary publication)
April 7
• Submit Summary to Sun Sailor April 10
• Summary Publication April 17
• Ordinance effective date July 1, 2003
Attachment: Franchise Ordinance
Ordinance Summary
Prepared by: Mike Rardin, Director of Public Works
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 2 of 9
ORDINANCE NO. 2236-03
FRANCHISE ORDINANCE FOR CENTERPOINT ENERGY MINNEGASCO
CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO CENTERPOINT ENERGY MINNEGASCO, A NATURAL
GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION,
A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND
EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND
SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS
AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING
CERTAIN TERMS AND CONDITIONS THEREOF.
THE CITY OF ST. LOUIS PARK DOES ORDAIN :
SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall
have the following meanings:
1.1. City. The City of St. Louis Park, County of Hennepin, State of Minnesota.
1.2. City Utility System. Facilities used for providing public utility service owned or operated by the
City or agency thereof.
1.3. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,
including an agency of the federal government that preempts all or part of the authority to regulate
gas retail rates now vested in the Commission.
1.4. Company. CenterPoint Energy Minnegasco, a Division of CenterPoint Energy Resources
Corporation, its successors and assigns, including successors to assignees of those portions of the
Company that constitute any part or parts of the Gas Facilities subject to this franchise.
1.5. Effective Date. The date on which the ordinance becomes effective under Section 2.2.
1.6. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms
of gas energy.
1.7. Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and all
necessary facilities, equipment and appurtenances owned, operated or otherwise used by the
Company for the purpose of providing gas energy for public use.
1.8. Non-Betterment Costs. Costs incurred by the Company from relocation, removal or
rearrangement of Gas Facilities that do not result in an improvement to the Facilities.
1.9. Notice. A writing served by a party or parties on another party or parties. Notice to Company
must be mailed to:
CenterPoint Energy Minnegasco
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 3 of 9
V.P., Regulatory & Supply Service
800 LaSalle Avenue
Minneapolis, MN 55402
Notice to City must be mailed to:
City Manager
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
1.10.Public Way. Any street, alley or other public right-of-way within the City.
1.11. Public Ground. Land owned or otherwise controlled by the City for parks, open space or other
public purposes.
SECTION 2. FRANCHISE.
2.1 Grant of Franchise. The City grants the Company, for a period of ten (10) years from the
Effective Date, the right to import, manufacture, transport, distribute and sell Gas for public and
private use within and through the limits of the City. This right includes the provision of Gas that
is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased
and delivered by the Company or (iii) purchased from another source by the retail customer and
delivered by the Company. For these purposes, the Company may construct, operate, repair and
maintain Gas Facilities in, on, over, under and across the Public Way and Public Ground subject to
the provisions of this ordinance. The Company may do all things reasonably necessary or
customary to accomplish these purposes, subject to other applicable ordinances, permit
requirements and to further provisions of this ordinance.
2.2 Effective Date. This franchise is effective July 1, 2003 and after acceptance by the Company, but
in no event less than fifteen (15) days after its passage and publication by the City. Written
acceptance or rejection of the franchise by the Company must be filed with the City Clerk within
ninety (90) days after written submission of a draft of this ordinance to the Company.
2.3 Non exclusive Franchise. This ordinance does not grant an exclusive franchise.
2.4 Legal Fees. Each party is responsible for its own legal fees incurred related to granting of this
franchise.
2.5 Publication Expense. The expense of publication of this ordinance must be paid by the
Company.
2.6 Default: Dispute Resolution. If the City or Company asserts that the other party is in default in
the performance of any obligation hereunder, the complaining party must notify the other party in
writing of the default and the desired remedy. Representatives of the parties must promptly meet
and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved
within thirty (30) days after service of the notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of the mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 4 of 9
after first meeting with the mediator, either party may commence an action in District Court to
interpret and enforce this franchise or for such other relief as may be permitted by law or equity.
2.7 Continuation of Franchise. If this franchise expires and the City and the Company are unable to
agree on the terms of a new franchise, the existing franchise will remain in effect until a new
franchise is agreed upon, or until ninety (90) days after the City or the Company serves written
Notice to the other party of their intention to allow the franchise agreement to expire.
SECTION 3. CONDITIONS OF USE.
3.1 Location of Facilities. Gas Facilities must be located, constructed, installed and maintained so as
not to interfere with the City Utility System or the safety and convenience of ordinary travel along
and over Public Ways. Gas Facilities may be located on Public Grounds as determined by the
City. The Company’s construction, reconstruction, operation, repair, maintenance and location of
Gas Facilities is subject to other ordinances and regulations of the City.
3.2 Field Location. Upon request by the City, the Company must provide field locations for any of
its Gas Facilities within the period of time required by Minnesota State Statute 216D.
At the request of the City, the Company shall provide existing data on its existing facilities within
the public right-of-way in the form maintained by the Company at the time the request was made,
if available.
3.3 Permit Required. The Company may not open or disturb the surface of any Public Way or
Public Ground without first having obtained a permit from the City, for which the City may
impose a reasonable fee. Company will comply with all permit conditions established by the City.
The permit conditions imposed on the Company may not be more burdensome than those imposed
on other utilities for similar facilities or work. The Company may, however open and disturb the
surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring
the immediate repair of Gas Facilities and (ii) the Company gives notice to the City before, if
possible, commencement of the emergency repair. Within two (2) business days after
commencing the repair, the Company must apply for any required permits and pay the required
fees. Except in the case of emergency work, work undertaken without a permit by the Company
or its agents shall be subject at the discretion of the City to a penalty in the amount of twice the
established permit fees in addition to any other remedy or penalty specified or allowed in City
Code or State Rules.
3.4 Restoration. After completing work requiring the opening of a Public Way or Public Ground, the
Company must restore the same, including paving and its foundation, to the condition specified in
the permit which must not be inconsistent with Minnesota Rules 7819.1100, and maintain the
restored areas in good condition for two (2) years thereafter. The work must be completed as
promptly as weather permits. If the Company does not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and restore the Public Way or Public Ground, the
City may, after demand to the Company to cure and the passage of a reasonable period of time not
less than five calendar days following the demand, make the restoration at the expense of the
Company. The Company must pay to the City the cost of such work done for or performed by the
City, including administrative expense and overhead, plus ten percent of cost and administrative
expense. This remedy is in addition to any other remedies available to the City for noncompliance
with this section. In all other aspects, Company shall comply with the terms of Minnesota Rules
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 5 of 9
7819.1100 for restoration of Public Ways and Grounds, and Minnesota Rules 7819.3000 and
7819.0100 regarding posting of a construction bond, or any successor rules or City Code
requirements.
3.5 Company Protection of Gas Facilities in Public Ways. The Company must take reasonable
measures to prevent the Gas Facilities from causing damage to persons or property. The Company
must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on
the Facilities by persons, property or the elements. The Company and the City will comply with all
applicable laws and codes when performing work near the Gas Facilities.
3.6 Notice of Improvements. The City must give the Company reasonable notice of plans for
improvements to Public Ways or Public Ground. The notice must contain; (i) the nature and
character of the improvements, (ii) the Public Ways or Public Grounds upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and, (v) if more than one Public Way or Public Ground is involved, the order in
which the work is to proceed. The notice must be given to the Company a sufficient length of
time in advance of the actual commencement of the work to permit the Company to make any
necessary additions, alterations, or repairs to its Gas Facilities. If streets are at final width and
grade and the City has installed underground sewer and water mains and service connections to the
property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the
Company’s main is located under such street, the City may require the Company to install gas
service connections prior to such paving or resurfacing, if it is apparent that gas service will be
required during the five years following the paving or resurfacing.
SECTION 4. RELOCATIONS.
4.1 Relocation of Gas Facilities in Public Ways. If the City determines by the proper exercise of its
police power to vacate a Public Way for a City improvement project, or to grade, regrade or change
the alignment of any Public Way, or construct or reconstruct any City Utility System in any Public
Way, the City may order the Company to relocate its Gas Facilities at the Company’s own expense.
The City must give the Company sufficient notice of plans to vacate for a City improvement
project, or to grade, re-grade, or change the alignment of any Public Way or to construct or
reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior
relocation of the same Gas Facilities, which was made at Company expense, the City will
reimburse the Company on a time and material basis for Non-Betterment Costs. If any subsequent
relocation is required because of the extension of a City Utility System to a previously unserved
area, the City may require the Company to make the subsequent relocation at the Company’s
expense. Nothing in this ordinance requires the Company to relocate, remove, replace or reconnect
its Facilities at the Company’s expense where such relocation, removal, replacement or
reconstruction is solely for the convenience of the City. The provisions of this section 4.1 apply
only to Gas Facilities constructed in reliance on this franchise and the Company does not waive its
rights under an easement or prescriptive right in the Public Way. Company will comply with the
provisions of State Rules, including 7819.3300, regarding abandonment of its facilities.
4.2 Relocation of Gas Facilities in Public Ground. The City may, by the proper exercise of its
police power, require the Company to relocate the Gas Facilities within or remove the Gas
Facilities from Public Ground, upon a finding by City that the Gas Facilities have become or will
become a substantial impairment of the public use or enjoyment to which the Public Ground is or
will be put. The relocation or removal will be at the Company’s expense. The provisions of this
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 6 of 9
Section 4.2 apply only to Gas Facilities constructed in reliance on this franchise and the Company
does not waive its rights under an easement or prescriptive right in the Public Ground. Company
will comply with the provisions of State Rules, including 7819.3300, regarding abandonment of its
facilities.
4.3 Vacation of Public Ways. The City must give the Company at least two-weeks’ Notice of the
proposed vacation of a Public Way. Except where required for a City street or other improvement
project or as otherwise provided in Section 4.1, the vacation of a Public Way, after the installation
of Gas Facilities, does not deprive the Company of its rights to operate and maintain the Gas
Facilities until the reasonable cost of relocating the same and the loss and expense resulting from
such relocation are first paid to the Company.
Upon request of the Company, and if the City in its sole discretion determines that the vacation of
Public Way does not require the relocation of existing Gas Facilities, the City shall reserve a utility
easement to the Company, created by and within the document establishing the vacation.
In no case will the City be liable to Company for failure to specifically preserve a right-of-way
under Minnesota Statutes, Section 160.29.
4.4 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas Facilities
made necessary because of the extension into or through the City of a federally-aided highway
project shall be governed by the provisions of Minnesota Statutes, Section 161.46, if funds for
these purposes are available.
SECTION 5. DEFENSE AND INDEMNIFICATION.
5.1 Terms. The Company shall indemnify, keep and hold the City, its elected officials, officers,
employees, and agents free and harmless from any and all claims and actions on account of injury
or death of persons or damage to property occasioned by the construction, maintenance, repair,
removal, on or across the Public Ways and the Public Grounds. The City will not be indemnified
for losses or claims alleged to be the result of negligence of the City, its elected officials,
employees, officers, or agents, except for those arising out of the issuance of permits for, or
inspection of the Company’s plans or work. The City shall not be entitled to reimbursement for its
costs incurred prior to notification to the Company of claims or actions and a reasonable
opportunity for the Company to accept and undertake the defense.
5.2 Litigation. If such a suit is brought against the City under circumstances where the agreement in
this Section 5 to indemnify applies, the Company at its sole cost and expense will defend the City
in such suit if Notice thereof is promptly given to the Company within a reasonable period. If the
Company is required to indemnify and defend, it will thereafter have control of such litigation, but
the Company may not settle such litigation without the consent of the City, which consent will not
be unreasonably withheld. This section is not as to third parties a waiver of any defense or
immunity otherwise available to the City; and the Company, in defending any action on behalf of
the City is entitled to assert in any action every defense or immunity that the City could assert in its
own behalf.
SECTION 6. SUCCESSORS IN INTEREST.
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
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6.1 This ordinance and the rights and obligations conferred hereby, is binding on and inures to the
benefit of the City and its successors and on the Company and its successors and permitted
assigns.
SECTION 7. FRANCHISE FEE.
7.1 Separate Ordinance. The City reserves all rights under Minnesota Statutes, Section 216B.36 or
other law to require a franchise fee at any time during the term of this franchise. In addition to the
franchise fee, the Company shall be required to pay only such other fees, charges, costs or taxes
which are generally required to be paid by other businesses or persons in the City. The franchise
fee must be imposed by a separate ordinance adopted by the City Council, which ordinance may
not be adopted until at least sixty (60) days after Notice enclosing such proposed ordinance has
been served upon the Company by certified mail. A fee imposed under this section does not
become effective until sixty (60) days after Notice enclosing the adopted ordinance has been
served upon the Company by certified mail.
SECTION 8. LIMITATION ON APPLICABILITY.
8.1 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City
and the Company. No provision of this franchise inures to the benefit of any third person,
including the public at large, so as to constitute any such person as a third-party beneficiary of the
agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action
for any person not a party hereto.
SECTION 9. PREVIOUS FRANCHISES SUPERSEDED.
9.1 Previous Franchises superseded. This franchise supersedes and replaces previous franchises
granted to the Company or its predecessors, including but not limited to Ordinance Number 2089-
97.
SECTION 10. AMENDMENTS.
10.1 Amendments. This ordinance may be amended at any time by the City. An amendatory
ordinance becomes effective upon the filing of the Company’s written consent thereto.
SECTION 11. SEVERABILITY.
11.1 Severability. If any portion of this franchise is found unenforceable for any reason, the validity
of the remaining provisions will not be affected.
Reviewed for Administration: Adopted by the City Council April 7, 2003
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 8 of 9
SUMMARY
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF FRANCHISE ORDINANCE
CENTERPOINT ENERGY MINNEGASCO
ORDINANCE NO. ___________
SUMMARY OF AN ORDINANCE GRANTING TO CENTERPOINT ENERGY MINNEGASCO, A
NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A
DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC
AND PRIVATE USE AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH
PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
NOTICE IS HEREBY GIVEN that, on April 7, 2003, Ordinance No. _____ was adopted by the City
Council of the City of St. Louis Park, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. _____, the City
Council has directed that a title and summary be prepared for publication.
NOTICE IS FURTHER GIVEN that the franchise ordinance adopted by the City Council renews an
existing franchise with the utility company for a period of ten years, and provides rules and procedures by which
the company provides gas utility services to the residents of the City by use of public ways and grounds. The
ordinance provides for permits or approvals for certain work by the company, restoration and maintenance of
areas disrupted as part of providing utility service in accordance with state law and regulations, and a dispute
resolution procedure. The ordinance reserves the right of the City to adopt a franchise fee by separate
ordinance, but imposes no direct fee on customers of the utility.
A printed copy of the whole ordinance is available for inspection by any person during the City’s
regular office hours.
APPROVED for publication by the City Council of the City of St. Louis Park this 7th day of April,
2003.
Reviewed for Administration: Adopted by the City Council April 7, 2003
City Manager Mayor
Attest: Reviewed as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 040703 - 4a - CenterPoint Franchise Agreement
Page 9 of 9
CenterPoint Energy Minnegasco
Acceptance of Ordinance No. - 03
RECITALS:
1. At a regular meeting of the City Council of the City of St. Louis Park held on April 7, 2003, a
franchise ordinance entitled Ordinance Number ____-03 was duly passed by the City Council.
2. The franchise ordinance was duly approved by Jeff Jacobs, Mayor of the City of St. Louis
Park, on April 7, 2003,and was duly published in the Sun-Sailor, the official newspaper of the City of
St. Louis Park on April 17, 2003.
3. Section 2.2 of the franchise ordinance provides for written acceptance by CenterPoint
Energy Minnegasco, a division of CenterPoint Energy Resources Corp., a Delaware corporation,
formerly known as Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp. to be
filed with the City Clerk within 90 days after publication.
4. It is the purpose of this instrument to effect a due and sufficient acceptance of the franchise
ordinance.
ACCEPTANCE:
CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corp., for itself,
its successors and assigns, accepts the franchise ordinance referred to in Recital 1 upon the terms
and conditions contained therein.
Executed this ____ day of _______________, 2003.
CenterPoint Energy Minnegasco
A Division of CenterPoint Energy Resources Corp.
By: __________________________
Phil Hammond
Vice President
Supply Management, Regulatory Services & Government Relations
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______________, 2003.
___________________________________
Notary Public
The above acceptance was duly filed with the City of St. Louis Park in the office of the City Clerk on
_______________________, 2003.
___________________________________
City Clerk
City of St. Louis Park
St. Louis Park City Council Agenda
Item: 040703 - 4b - Luther Zoning Map Amend
Page 1 of 5
4b. Motion to approve second reading of a zoning code map amendment to change the
zoning designation at 2370 and 2440 State Highway 100 S. from IG –General
Industrial and IP – Industrial Park to C2 – General Commercial, adopt ordinance,
approve summary, and authorize publication. Case No. 03-06-Z
Background:
The subject property is located on the west side of State Highway 100 S. with frontage road
access. The property received special permits to operate a motor vehicle sales lot (Stephens
Buick) in 1962 and 1964 under an existing industrial zoning classification. Industrial uses are
located north and west of this property and a medical office use is located to the south. A portion
of the property is located in a flood zone and the sales lot on the 2440 property frequently floods.
The property owner wishes to move the Buick dealership to another location and redevelop this
site. The plan is to remove the existing building on the north property and replace it with a new
building to house the Volkswagen dealership that is currently located on the east side of TH 100
at Cedar Lake Road. The building on the south lot would likely remain as the used car VW sales
office/car wash, although removal of the canopies and other site improvements are proposed.
The applicant has stated that due to the popularity of the Volkswagen, the Cedar Lake Road site
is too small to handle the sales volumes. This has resulted in employee vehicle parking in
neighborhoods and other related issues. The existing VW site would likely be reused for a small
dealership, possibly Jaguar.
Since motor vehicle sales is not a permitted use in industrial zoning districts, the property owner
is proposing to change the Comprehensive Plan and zoning map to allow the redevelopment of
the site and the relocation of the Volkswagen dealership.
The Planning Commission held a public hearing on February 19, 2003, and recommended
approval of the requests. The proposed Comprehensive Plan amendment was submitted to the
Metropolitan Council on March 7, 2003, for their review. The City Council approved the
Comprehensive Plan amendment and first reading of the zoning map amendment on March 17,
2003, both subject to approval of the Comprehensive Plan amendment by the Metropolitan
Council. The Metropolitan Council waived review of this amendment on March 25, 2003, so the
Comprehensive Plan amendment is effective now and the zoning map amendment will be in
effect 15 days following publication (May 2, if published on April 17). The Zoning Code does
not allow the city to accept a request for CUP or PUD for this property until the zoning change is
effective. However, the applicant has already submitted preliminary plans for staff review.
The City Council also requested that staff review traffic generation for other uses that could
potentially move into this area under a C2 zoning classification. That table is attached. Staff
does not foresee a significant traffic issue in the area, but will keep in mind to evaluate the
potential need for a Comprehensive Plan text amendment limiting the types of commercial uses
on this property if the current plan falters.
St. Louis Park City Council Agenda
Item: 040703 - 4b - Luther Zoning Map Amend
Page 2 of 5
Note: The floodzone boundary shown above has been found by actual survey to be less
extensive.
Attachments: Proposed Ordinance
Proposed Summary Ordinance
Traffic Generation Table (Supplement)
Prepared by: Judie Erickson, Planning Coordinator
Approved by: Charles W. Meyer, City Manager
Subject
Subject
TH 100
Floodzone
2370
2440
St. Louis Park City Council Agenda
Item: 040703 - 4b - Luther Zoning Map Amend
Page 3 of 5
ORDINANCE NO. 2237-03
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
CHANGING BOUNDARIES OF ZONING DISTRICTS
2370 and 2440 STATE HIGHWAY 100 SOUTH
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959,
Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December
17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by
changing the zoning district boundaries by reclassifying the following described lands from their
existing land use district classifications to the new land use district classification as indicated for
the tract as hereinafter set forth, to wit:
Tract 1:
That part of the South 310 feet of the North 340 feet of the Southwest Quarter of the
Northwest Quarter of Section 31, Township 29, Range 24, lying West of State Highway
No. 100 and lying east of a line drawn at a right angle to the North line of said quarter
quarter and from a point therein distant 375.18 feet East of the Northwest corner of said
quarter quarter. Abstract Property
Tract II:
Parcel 1:
That part of Tracts A and B, Registered Land Survey No. 493, Files of Register of Titles,
County of Hennepin, lying Easterly and Southerly of a line parallel with and 22.5 feet
Easterly and Southerly of a line described as beginning at a point in the South line of said
Tract B, distant 443.3 feet Easterly as measured along said South line, from the
Southwest corner of said Tract B; thence North 2 degrees 24 minutes East, 298.84 feet to
an intersection with a line parallel with and 242.5 feet Southerly of the Southerly right of
way line of the Great Northern Railroad right of way, thence North 73 degrees 08
minutes East along last said parallel to the Easterly line of Tract C in said Registered
Land Survey and there terminating; except the East 50 feet of the above described
property. For the purposes of this description the West line of said Tract A is assumed to
bear due North and South.
Parcel 2:
That part of the Easterly 50 feet of Tracts A and B which lies Southerly of the Southerly
line of Tract C and of the Westerly extension of said Southerly line, all in Registered
Land Survey No. 493. Files of Registrar of Titles, County of Hennepin.
St. Louis Park City Council Agenda
Item: 040703 - 4b - Luther Zoning Map Amend
Page 4 of 5
Parcel 3:
That part of the Northwest ¼ of the Northwest ¼ of Section 31, Township 29, Range 24,
lying south of the Great Northern Railway right of way and West of State Highway #100,
except that part described as follows, to-wit: Commencing at the point of intersection of
the Southerly right of way line of the Great Northern Railway with the Westerly right of
way line of State Highway No. 100; thence Southerly along said Westerly right of way
line of State Highway No. 100, 377.6 feet; thence Westerly parallel with said Southerly
right of way line of Great Northern Railway, a distance of 400 feet; thence at right angles
Northerly 250 feet to the Southerly right of way line of Great Northern Railway; thence
Easterly along said right of way line 220 feet; thence at right angles Northerly along
Great Northern Railway right of way 80 feet; thence Easterly along the Southerly right of
way line of Great Northern Railway 364 feet to the point of beginning, also except that
part thereof embraced in Registered Land Survey No. 493.
from IG-General Industrial (2370 State Highway 100 South) and IP-Industrial Park (2440 State
Highway 100 South) to C-2 General Commercial.
Section 2. This ordinance shall take effect upon Metropolitan Council approval of
associated Comprehensive Plan amendment and 15 days following publication.
Adopted by the City Council April 7, 2003
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
03-06-Z:n/res-ord
St. Louis Park City Council Agenda
Item: 040703 - 4b - Luther Zoning Map Amend
Page 5 of 5
SUMMARY
ORDINANCE NO. 2237-03
AN ORDINANCE AMENDING THE
ST. LOUIS PARK ORDINANCE CODE
CHANGING BOUNDARIES OF ZONING DISTRICTS
2370 and 2440 STATE HIGHWAY 100 SOUTH
This ordinance states that zoning of properties located at 2370 State Highway 100 South and
2440 State Highway 100 South shall be changed from IG-General Industrial and IP-Industrial
Park to C-2 General Commercial.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council April 7, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: April 17, 2003
N: 03-06-Zsum
St. Louis Park City Council Agenda
Item: 040703 - 4c - Zoning Ordinance Amendments
Page 1 of 4
4c. Motion to Approve Second Reading of Proposed Amendments to Chapter 36 of St.
Louis Park Ordinance Code (Zoning) Relating to Retail Uses in the O-Office
District, Planning Fee Refunds, and Abandoned or Cancelled Variances, adopt
ordinance, approve summary, and authorize publication.
Case Nos. 03-08-ZA
Background:
The proposed code amendments deal with three separate sections of the code to clarify language
and remove ambiguity.
§ To remove a provision that could circumvent the intent of the Office district as related to
permitting retail uses.
§ Clarify the manner in which planning/zoning application fees are refunded to applicants
when the application is withdrawn.
§ Clarify that previously approved variances or CUPs are revoked or cancelled if the building
for which it was approved is removed.
The Planning Commission held a public hearing relative to the proposed amendments and
recommended approval with several minor changes. These were included in the proposed
attached ordinance.
The City Council approved first reading of the proposed text amendments on March 17, 2003.
Attachments: Proposed Ordinance
Proposed Summary
Prepared by: Judie Erickson, Planning Coordinator
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4c - Zoning Ordinance Amendments
Page 2 of 4
ORDINANCE NO. 2238-03
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-223(c), 36-33(b), and 36-33(e)
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 03-08-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-223(c), 36-33(e), and 36-33(b) is
hereby amended by deleting stricken language and adding underscored language. Section breaks
are represented by ***.
***
Section 36-223(c)(16) Retail. The conditions are as follows:
a. No single use retail establishment over 20,000 square feet is permitted. The retail
facility shall be permitted only as part of a larger development on a single parcel
which contains at least one other permitted principal use or as a part of a mixed
use PUD.
b. These uses shall not result in any exterior building modifications, including truck
docks or freestanding signage, overnight truck parking or similar features.
c. Retail uses shall be integrated with other principal land uses which are within the
O district and shall not exceed ten percent of the gross floor area of the parcel.
d. If the land upon which the retail use is to be located is immediately adjacent to and
is able to share parking with an office building, it shall be deemed to have
complied with subsections 1 and 3 of this section.
Section 36-33 (b)(8) .”…the conditional use permit or variance shall be revoked and cancelled
upon the occurrence of any of the following events:
(g). The building or structure for which a variance or conditional use permit was
granted is removed.
Section 36-33 (e) Refund of fees. If any application for a conditional use permit, or variance,
zoning amendment, PUD, continued special permit, Comprehensive Plan amendment,
subdivision, or vacation is withdrawn in writing by the applicant or is not processed by the city
for any other reason so that a final decision is not made by the city, the applicant is entitled to a
refund of the application fees paid to the city according the following schedule:
St. Louis Park City Council Agenda
Item: 040703 - 4c - Zoning Ordinance Amendments
Page 3 of 4
(1) 75 percent of the application fee and 100 percent of the recording fee shall be
refunded if the request is withdrawn before the deadline for rescinding the public hearing
publication.
(1) (2) For a conditional use permit application, 75 50 percent of the application fee and
100 percent of the recording fee shall be refunded if the request is withdrawn before the
request has been considered by the planning commission or board of zoning appeals.
(2) (3) For a conditional use permit application, 50 25 percent of the application fee and
100 percent of the recording fee shall be refunded if the request is withdrawn before the
request is considered by the city council.
(3) For a variance application, 50 percent of the application fee and 100 percent of the
recording fee shall be refunded if the request is withdrawn before the request is
considered by the board of zoning appeals.
Sec. 3. The contents of Planning Case File 03-08-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council April 7, 2003
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
03-08-ZA:n\res-ord
St. Louis Park City Council Agenda
Item: 040703 - 4c - Zoning Ordinance Amendments
Page 4 of 4
SUMMARY
ORDINANCE NO. 2238-03
MISCELLANEOUS ZONING ORDINANCE AMENDMENTS RELATED TO
RETAIL USES IN O-OFFICE DISTRICT, PLANNING FEE REFUNDS, AND
ABANDONED OR CANCELLED VARIANCES
This ordinance will modify conditions permitting retail in the O – Office District, change
requirements relative to planning application refunds, and add language regarding abandoned or
cancelled variances.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council April 7, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: April 17, 2003
N:03-08-ZAsum
St. Louis Park City Council Agenda
Item: 040703 - 4d - R4 Small School Zoning Ord Amend
Page 1 of 5
4d. Motion to approve second reading of text amendments to Chapter 36 of the
Municipal Code to exempt small schools in the R4 district from certain setback
requirements subject to approval of a conditional use permit, approve the
Summary Ordinance and authorize publication
Background:
Daniel Yavner recently purchased a single family home at 3390 Library Lane, which is zoned
R4, Multifamily Residential,. The applicant’s intent was to lease the property to Metropolitan
Open School, a small private K-8 school.
Educational facilities are permitted in residential zoning districts if all required conditions can be
met. Upon reviewing the conditions Mr. Yavner found that he could not meet a setback
requirement. Therefore, he proposed a text amendment to the R4 zoning district which would
allow small educational facilities, limited to 20 students, to be exempt from the 50 foot building
setback requirement as long as the adjoining lot is also zoned multifamily residential. In
addition, since the school does not provide any on-site outdoor play equipment, he also requested
they be exempt from the 25-foot setback of play areas from residential lots.
On February 19, 2003 the Planning Commission held a public hearing to review the requested
text amendment. The Planning Commission voted 6-0 to recommend approval of the proposed
ordinance amendment, however, added a recommendation that schools of this type require a
conditional use permit in the R4 and commercial zoning districts. This change was proposed so
that individual education facilities could be reviewed site by site.
On March 17, 2003, the City Council approved first reading of the ordinance amendment to
allow small schools located in an R4 district to be exempt from certain conditions subject to
approval of a conditional use permit on a vote of 7-0 and set second reading for April 7, 2003. If
the City Council approves second reading the amendment will be published on April 17, 2003
and would them become effective 15 days later (May 2, 2003). The Council also directed staff
to initiate an ordinance amendment to require small schools in the commercial zoning districts to
be reviewed as conditional uses.
Staff has since met with the applicant to discuss the conditional use permit application in an
effort to expedite the process so the Metro Open School would be ready to start classes at the
beginning of the school year. An application has been submitted and staff is reviewing the plans
to ensure compliance with all zoning ordinance requirements. Barring any unforeseen
circumstances, a public hearing for the CUP application could be heard by the Planning
Commission on May 5, 2003. A public hearing to consider the amendment to small schools in
commercial districts may also be scheduled for May 5, 2003. At this time, the SLP School
Districts plans are on hold due to budget considerations.
Ø Recommendation:
St. Louis Park City Council Agenda
Item: 040703 - 4d - R4 Small School Zoning Ord Amend
Page 2 of 5
Staff and the Planning Commission recommend approval of the proposed ordinance
amendment to allow small schools in the R4 district to be exempt from certain conditions
subject to approval of a conditional use permit.
Attachments:
• Ordinance
• Summary Ordinance
Prepared By: Julie Grove, Associate Planner, 952-928-2841
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4d - R4 Small School Zoning Ord Amend
Page 3 of 5
ORDINANCE NO. 2239-03
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-115A, 36-166(c)(6), (d)
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 03-05-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-115A, 36-166(c)(6),(d) is hereby
amended to read as follows by deleting stricken language and adding underscored language.
Section breaks are represented by ***.
***
Section 36-115. Land use by zoning district; interpretation of land use tables.
*** TABLE 36-115A
Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X
Institutional Uses
Educational/acade
mic
PC PC PC PC/CU PC N PC N PC N N N PUD
Commercial uses
In-vehicle
sales/service
N N N N N PC CU PC CU PC CU N N N
***
Section 36-166. R-4, multiple-family residence district
***
(c) Uses permitted with conditions.
***
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district, unless
approved as a conditional use.
St. Louis Park City Council Agenda
Item: 040703 - 4d - R4 Small School Zoning Ord Amend
Page 4 of 5
b. An off-street school bus pickup and dropoff area shall be provided in order to
maintain vehicular and pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any
lot in an R district, and shall be buffered from such residential use with a bufferyard
C, unless approved as a conditional use.
***
(d) Uses permitted by conditional use permit.
(8) Educational (academic). The conditions are as follows:
a. The school is limited to 20 or fewer students ; and
b. The school is limited to grades k-8.
c. An off-street school bus pickup and dropoff area shall be provided in order to maintain
vehicular and pedestrian safety.
d. Outdoor open space that may be used for recreational or other outdoor activities must
provide a bufferyard C along any abutting lot located within an R district. This
bufferyard shall include an F3 fence.
e. The school property shall not adjoin any R-1, R-2 or R-3 property that is used or
subdivided for residential.
f. The school building must be residential in character.
Sec. 3. The contents of Planning Case File 03-05-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by the City Council April 7, 2003
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 040703 - 4d - R4 Small School Zoning Ord Amend
Page 5 of 5
SUMMARY
ORDINANCE NO. 2239-03
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING BY AMENDING SECTIONS 36-115A, 36-166(c)(6), (d)
SMALL EDUCATION FACILITIES ZONING CHANGE
REGARDING SETBACK REQUIREMENTS
This ordinance states that small schools in the R-4, Multi-Family Residential Zoning District
may be exempt from certain setback requirements from other multi-family residential properties
subject to approval of a conditional use permit.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council April 7, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: April 17, 2003
St. Louis Park City Council Agenda
Item: 040703 - 4e - Funding Options for City Streets
Page 1 of 4
4e. Motion to adopt the attached resolution which provides support for improved
funding options for City street improvements
Background: Earlier this year, the League of Minnesota Cities (LMC), the City
Engineers Association of Minnesota, and the Minnesota Chapter of the American Public
Works Association released the Funding Street Construction and Maintenance in
Minnesota’s Cities Report. The report describes challenges relating to maintenance,
safety, congestion, highway access, and all-season carrying capacity. Report
recommendations pertain to funding mechanisms for the municipal state aid (MSA) and
non-MSA city street systems.
During February the report’s author, Matt Shands, accompanied by member city
representatives, presented the report to the House Transportation Finance Committee and
the Senate Transportation Policy and Budget Division. Testimony focused on the need at
the local level for flexible funding tools that would allow city officials to preserve
infrastructure investments while remaining accountable to local taxpayers. The need for
improved funding mechanisms, according to the report, is greatest on the non-MSA city
street system.
The report’s recommendations seek, among other initiatives, local authority to establish
street utility billing, greater flexibility to generate revenues through special assessments,
and authorization to establish impact fees.
The report was distributed to all League members and was accompanied by a sample
resolution supporting the report’s recommendations. As of early March, 74 cities have
adopted this resolution and have provided copies to their legislators.
During March, League intergovernmental relations staff sought authors for legislation
that would accomplish the report’s recommendations pertaining to the non-MSA system.
Key legislative committee chairs had agreed to give hearings to bills originating from the
report.
Bills that would allow cities to impose fees for street maintenance, upgrades, and
reconstruction projects were introduced in the Minnesota Senate and the House last week.
HF 965, and its Senate companion SF 825, as proposed would allow city councils to
charge a transportation utility fee for:
• Reconstruction, including paving, grading, curbs and gutters, bridge repair, overlays,
drainage, base work, subgrade corrections, and boulevard maintenance;
• Facility upgrades including traffic signals, turn lanes, medians, street approaches,
alleys, rights-of-way, sidewalks, retaining walls, fence installation, and additional
traffic lanes;
St. Louis Park City Council Agenda
Item: 040703 - 4e - Funding Options for City Streets
Page 2 of 4
• Maintenance work including center-line striping, sealcoating, crack sealing, sidewalk
maintenance, signal maintenance, street light maintenance, and signage.
The proposals would allow a fee to be assessed by a two-thirds vote of the City Council.
It also would require a public hearing on any resolution related to a transportation fee.
No fees could be charged unless a City also has prepared and adopted a master plan that,
among other things, includes the proposed funding sources for all projects in the plan.
Any fees charged and collected under this proposal would be dedicated to the specific
projects listed in the master plan. Cities would not be allowed to gather any fees that
exceed the estimated costs for projects.
The proposals, both of which have been referred to committees, also include guidelines
for the manner in which fees can be calculated and an appeals process for property
owners.
The League is requesting support for improved street funding options including the
transportation utility legislation described above. Legislative directories and contact
information can be found on the Legislature’s web site at: www.leg.state.mn.us.
Questions and comments can be directed to Anne Finn, LMC, at 651/281-1263.
Recommendation: Motion to adopt the attached resolution which provides support for
improved street funding options including proposed transportation utility legislation and
directs staff to forward copies of the resolution to the League of Minnesota Cities and our
Legislators.
Attachment: Resolution
Prepared by: Michael P. Rardin, Director of Public Works
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4e - Funding Options for City Streets
Page 3 of 4
RESOLUTION 03-039
A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED
FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS
WHEREAS, Minnesota contains over 135,000 miles of roadway, and over
19,000 miles—or 14 percent--are owned and maintained by Minnesota’s 853 cities; and
WHEREAS, city streets are a separate but integral piece of the network of roads
supporting movement of people and goods; and
WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA),
property taxes, special assessments and bonding, have limited applications, leaving cities
under-equipped to address growing needs.
WHEREAS, maintenance costs increase as road systems age, and no city-large or
small—is spending enough on roadway capital improvements to maintain a 50-year
lifecycle; and
WHEREAS, the Council of the City of St. Louis Park is finding it difficult to
develop adequate funding systems to support the City's needed street improvement and
maintenance programs while complying with existing State statutes; and
WHEREAS, the League of Minnesota Cities, the Minnesota Public Works
Association and the City Engineers Association of Minnesota, have jointly sponsored the
development of a report entitled Funding Street Construction and Maintenance in
Minnesota's Cities wherein (1) the street systems of the cities within the State are
inventoried; (2) the existing funding systems are detailed and evaluated; and (3)
recommendations are made; and
WHEREAS, cities need flexible policies and greater resources in order to meet
growing demands for street improvements and maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF ST. LOUIS PARK that this Council concurs with the findings of the above
referenced report, and fully supports the recommendations contained in that report; and
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ST.
LOUIS PARK that this Council supports the adoption of legislation, including proposed
transportation utility legislation, that will provide cities with the policy options they need
to address current and future challenges in providing adequate street improvement and
maintenance programs.
St. Louis Park City Council Agenda
Item: 040703 - 4e - Funding Options for City Streets
Page 4 of 4
Reviewed for Administration: Adopted by the City Council April 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 040703 - 4f - Insurance Renewal
Page 1 of 1
4f. Motion to notify the LMCIT that the City Council does not waive the municipal
tort liability limits
Background:
The 1999 Legislature increased the municipal tort liability limit to $1,000,000 per occurrence
compared to the previous $750,000. The municipal tort liability limit remains at $300,000 per
claimant per occurrence.
The City's renewal date for the insurance policy is April 1, 2003. Members of the League
program have the option to waive the limits and buy excess liability coverage. The LMCIT
requires the City Council to make this decision and submit a waiver form as evidence of the
decision.
Recommendation:
In the past the City of St. Louis Park has not waived the statutory limit. The City Attorney does
not recommend waiving the statutory limit. City staff recommends that the City Council does
not waive the municipal tort liability limits.
Both Mr. Scott and Ms. Meger, insurance agent, noted that the statutory limit does not apply to
all claims. Certain lawsuits such as those stemming from federal law, i.e., discrimination, would
not be subject to the $1,000,000 liability limit.
The cost of excess liability coverage (for those claims not subject to the statutory limit) is priced
each year and the cost/benefit evaluated. The City has yet to buy any excess coverage.
Attachments: LMCIT Liability Coverage -Waiver Form (Supplement)
Prepared by: Jean D. McGann, Director of Finance
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4g - Hockey Dasher Board System
Page 1 of 3
4g. Motion to authorize execution of an agreement and adopt reimbursement
resolution for removal, storage and re-installation of Rec Center west arena
hockey dasher board system with Becker Arena Products, Inc. in an amount not to
exceed $25,585.00.
Background: Removal, storage and re-installation of the Rec Center west arena hockey dasher
board system is necessary because of the Rec Center Roof Replacement project which will begin
in mid-April with anticipated completion early September, 2003. The system must be removed to
prevent potential damage from falling roof material during the demolition phase of the project.
The last part of the project will be the installation of a new refrigerated floor. This floor
installation would also require the dasher board system be removed since it is mounted to the
refrigerated floor.
Selecting a Vendor: Becker Arena Products, Inc. is recommended for this part of the project
because they manufactured and installed the dasher board system in l998. They are familiar with
all components that make up the system and the method of removal and re-installation. In
addition, the have the facilities to store the system during construction.
Staff elected to contract with Becker Arena Products separately for this item to save the 10% to
15 % mark-up that a general contractor typically places on sub-contracts.
Recommendation: Staff recommends approving a contract with Becker Arena Products, Inc. in
the amount not to exceed $25,585.00 for removal, storage and re-installation of Rec Center west
arena hockey dasher board system. Staff also recommends adopting a resolution for
reimbursement from bonds to be issued by the City.
Attachments: Resolution Declaring the Official Intent of the City of St. Louis Park to
Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by
the City
Prepared by: Cindy S. Walsh, Director of Parks and Recreation
Craig Panning, Manager of Buildings and Structures
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4g - Hockey Dasher Board System
Page 2 of 3
CITY OF ST. LOUIS PARK, MINNESOTA
RESOLUTION NO. 03-040
DECLARING THE OFFICIAL INTENT OF THE
CITY OF ST. LOUIS PARK TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the
“Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City of St. Louis Park (“City”) expects to incur certain expenditures that
may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a
tax-exempt bond;
WHEREAS, the City has determined to make this declaration of official intent
(“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. LOUIS PARK AS FOLLOWS:
1. The City proposes to undertake the following projects (the “Project”):
Removal, storage and re-installation of hockey dasher board system
located in the west arena at the St. Louis Park Rec Center.
2. The City reasonably expects to reimburse the expenditures made for certain costs of
the Project from the proceeds of bonds in an estimated maximum principal amount of $ 25,585.00,
including tax. All reimbursed expenditures will be capital expenditures, costs of issuance of the
bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the proceeds of
bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount
not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures”
up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that
finance or are reasonably expected by the City to finance the project for which the preliminary
expenditures were incurred. The term “preliminary expenditures” includes architectural,
engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of
acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation,
and similar costs incident to commencement of construction.
St. Louis Park City Council Agenda
Item: 040703 - 4g - Hockey Dasher Board System
Page 3 of 3
4. This Declaration is an expression of the reasonable expectations of the City based
on the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project and the principal amount of the bonds described in paragraph 2 are
consistent with the City’s budgetary and financial circumstances. No sources other than proceeds
of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay
such Project expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
Approved by the City Council of the City of St. Louis Park, Minnesota this 7th day of April,
2003.
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 040703 - 4h - Purchase of Bleacher Materials
Page 1 of 3
4h. Motion to authorize execution of an agreement and adopt reimbursement
resolution for purchase of Rec Center west arena bleacher replacement materials
with Becker Arena Products, Inc. in an amount not to exceed $45,843.00 including
tax.
Background: The bleacher replacement project is part of the Rec Center west arena roof
replacement project which is scheduled to begin mid April with anticipated completion early
September, 2003. The bleacher replacement cost estimate was included with the original roof
replacement project estimate. Since this is a specialty part of the project and not completed until
all other construction is finished, staff requested proposals directly from potential vendors which
saved the traditional 10% to 15% mark-up from the general contractor for profit and overhead.
Proposal Analysis:
The following two proposals were received:
Becker Arena Products, Inc. Materials $ 45,843.00
Installation 8,000.00
Arena Products & Service Materials $ 53,308.57
Installation 11,300.00
With materials and installation amounts listed separate, staff can make a determination if the
installation cost savings is worth the staff time required to do the installation in-house. This
determination will be made toward the end of the project and will be based on deadlines and staff
time availability.
Recommendation: Staff recommends approving a contract with Becker Arena Products, Inc. in
an amount not to exceed $45,843.00, including tax, for the purchase of materials only for
replacement of the Rec Center west arena bleachers. Staff also recommends adopting a
resolution for reimbursement from bonds to be issued by the City
Attachments: Resolution Declaring the Official Intent of the City of St. Louis Park to
Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the
City
Prepared by: Cindy S. Walsh, Director of Parks and Recreation
Craig Panning, Manager of Buildings and Structures
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4h - Purchase of Bleacher Materials
Page 2 of 3
CITY OF ST. LOUIS PARK, MINNESOTA
RESOLUTION NO. 03-041
DECLARING THE OFFICIAL INTENT OF THE
CITY OF ST. LOUIS PARK TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the
“Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City of St. Louis Park (“City”) expects to incur certain expenditures that
may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a
tax-exempt bond;
WHEREAS, the City has determined to make this declaration of official intent
(“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. LOUIS PARK AS FOLLOWS:
1. The City proposes to undertake the following projects (the “Project”):
Purchase materials to replace the bleachers located in the West Arena
at the St. Louis Park Rec Center.
2. The City reasonably expects to reimburse the expenditures made for certain costs of
the Project from the proceeds of bonds in an estimated maximum principal amount of $ 45,843.00,
including tax. All reimbursed expenditures will be capital expenditures, costs of issuance of the
bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the proceeds of
bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount
not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures”
up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that
finance or are reasonably expected by the City to finance the project for which the preliminary
expenditures were incurred. The term “preliminary expenditures” includes architectural,
engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of
acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation,
and similar costs incident to commencement of construction.
St. Louis Park City Council Agenda
Item: 040703 - 4h - Purchase of Bleacher Materials
Page 3 of 3
4. This Declaration is an expression of the reasonable expectations of the City based
on the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project and the principal amount of the bonds described in paragraph 2 are
consistent with the City’s budgetary and financial circumstances. No sources other than proceeds
of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay
such Project expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
Approved by the City Council of the City of St. Louis Park, Minnesota this 7th day of April,
2003.
Reviewed for Administration: Adopted by the City Council
City Mana ger Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 040703 - 4i - Approve General Contractor for Rec Center
Page 1 of 2
4i. Motion to authorize execution of an agreement as the general contractor with
Meisienger in an amount not to exceed $1,477,000 for the renovation of the Rec
Center roof over the West Arena
Background: In the fall of 2000, the outside beam on the north side of the Rec Center cracked
because the wood had become rotten. The original west arena was built in 1971. At the time that
the arena was constructed, timber glue laminated beams were an accepted structure for arenas.
The timbers were used in our arena to provide unique architectural characteristic. The design for
a new roof system will use a steel beam system rather than wood. Staff has been working with
the firm of Krech, O'Brien, Mueller & Wass (KOMW) on the design of the Rec Center roof over
the West Arena.
Bid Analysis: Bid packages for the Rec Center Roof General Contractor were opened on March
27, 2003 at City Hall. The following seven bids were received:
Meisienger $ 1,477,000
McFarland Construction $ 1,531,000
Morcon Construction $ 1,565,686
Sheehy Construction $ 1,580,300
Magney Construction $ 1,729,700
Ebert Inc. $ 2,046,600
Weber Inc. $ 1,750,000
(did not bid alternate)
Krech, O'Brien, Mueller, & Wass (KOMW) has checked the low bidder, Meisienger's, references
and found them favorable. KOMW has also worked with Meisienger in the past on projects.
The engineer's estimate for the General Contract was 1.7 million. The low bid is $223,000 lower
than the estimate. The high bid is $50,000 over the estimate.
Total Project Cost
At this time, all the bids and price quotes for the project have been received except for the
refrigeration and flooring system. The estimate on the refrigeration is $350,000. Using that
estimate, the total project cost will be 2.1 million dollars. We are bonding for 2.3 million dollars.
If there are not problems with the project, we anticipate the project being completed for 2.1
million dollars.
Council will be asked to approve the bid for the refrigeration system within the next month.
Since the floor is one of the last pieces to be completed, the project can begin without this
contract in place. Staff anticipates that there will be only two bidders that do this type of work in
Minnesota. This would have been an area that staff would have recommended a design build
process. However, the State of Minnesota prohibits cities from doing a design build process.
The State does allow it to happen with state projects.
St. Louis Park City Council Agenda
Item: 040703 - 4i - Approve General Contractor for Rec Center
Page 2 of 2
Recommendation:
Staff recommends approving a contract with Meisienger as the General Contractor in an amount
not to exceed $ 1,477,000 for the Rec Center roof replacement located above the West Arena.
Prepared by: Cindy S. Walsh, Director of Parks and Recreation
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4j - MCWD Maintenance Agmt
Page 1 of 3
4j. Motion to approve Stormwater Facility Maintenance Agreement with the
Minnehaha Creek Watershed District to sweep four (4) local streets in the Spring
and Fall of each year
Background: The City has submitted a permit application to the Minnehaha Creek Watershed
District (MCWD) for the construction of sidewalk improvements at the following four (4)
locations:
• West 28th St. from Dakota Avenue to Zarthan Avenue
• West 38th St. from Excelsior Boulevard to France Avenue
• Walker Street from West Lake Street to Republic Avenue
As a condition of the permit issuance and in accordance with the MCWD rules a Maintenance
Agreement must be executed with the Watershed District. The proposed Agreement with the
MCWD commits the City to insuring the above roadway segments are swept twice a year, once
in the Spring and again in the Fall. The City’s current sweeping operations meet the permit
requirements. No additional work effort is needed to meet this sweeping commitment. The City
Attorney, Mr. Tom Scott, has reviewed the proposed Maintenance Agreement and authorized its
submittal to the City Council for consideration.
Attachment: Agreement
Prepared by: Carlton Moore, Engineering Program Manager
Through: Maria Hagen, City Engineer
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4j - MCWD Maintenance Agmt
Page 2 of 3
STORMWATER FACILITY MAINTENANCE AGREEMENT
This Maintenance Agreement is made this day of , 2003, by and
between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, hereinafter
referred to as “City”, and the MINNEHAHA CREEK WATERSHED DISTRICT, a public
body corporate and politic under the laws of the State of Minnesota, hereinafter referred to as
“MCWD” to provide for the street sweeping roadway facilities constructed pursuant to MCWD
permit application number 02-396.
WHEREAS, the City has applied for a permit from the MCWD pursuant to MCWD
Rule N, application attached hereto as Attachment 1; and
WHEREAS, the property which is the subject of this Agreement is described in
Attachment 1 to this Agreement; and
WHEREAS, the streets and other parts of the construction project will be public
improvements under the control of the City and County, and
WHEREAS, MCWD Rule N provides, “A maintenance agreement shall be submitted
for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and
all other stormwater facilities. This maintenance agreement shall specify methods, schedule and
responsible parties for maintenance and must include at a minimum, the elements contained in
the District’s Maintenance Agreement Form.”
NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties:
1. The City or its designee will upon completion of the public improvements and in
accordance with its local Comprehensive Water Resources Management Plan
sweep the following locations in the spring and fall of each year, and remove all
sediment and debris:
• West 28th St. from Dakota Avenue to Zarthan Avenue
• West 38th St. from Excelsior Boulevard to France Avenue
• Walker Street from West Lake Street to Republic Avenue
a. Violation of the inspection and/or maintenance provisions of this
agreement is a violation of the MCWD permit for the project for which the
MCWD may take action against Applicant.
b. This agreement will be for an initial term of five years and will
automatically renew every five years thereafter unless otherwise agreed to
by the parties.
St. Louis Park City Council Agenda
Item: 040703 - 4j - MCWD Maintenance Agmt
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto execute this Maintenance Agreement.
Dated: CITY OF ST. LOUIS PARK
By:
Jeffrey W. Jacobs, Mayor
By:
Charles W. Meyer, City Manager
Dated: MINNEHAHA CREEK
WATERSHED DISTRICT
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 2003, by Jeffrey W. Jacobs and Charles W. Meyer, respectively the
Mayor and City Manager of the CITY OF ST. LOUIS PARK, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
THIS INSTRUCMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
St. Louis Park City Council Agenda
Item: 040703 - 4k - Beltline Final Plat PUD Extension
Page 1 of 1
4k. Motion to approve a 60 day extension of Beltline’s Wolfe Lake Professional Center
Final PUD and Final Plat consideration until June 15, 2003.
Case No. 99-19-PUD
Background:
On July 15, 2002, the City Council approved a Preliminary PUD and Plat for Beltline to
redevelop approximately 5.05 acres in the Beltline Industrial Park on property located in the
northwest quadrant of Belt Line Boulevard and West 36th Street. The Ordinance requires that the
applicant must submit the final plat within 90 days of the preliminary plat approval.
On November 4, 2002, the City Council approved a 6 month extension to resolved several
development issues. Since that time the applicant has been working with the City
During the March 10, 2003 study session the City Council has asked staff to continue working
with John McCain on the TIF portion of this redevelopment proposal. The applicant believes
they will be able to meet the April 15th deadline, however in case of any unforeseen delays staff
is suggesting another 60 day extension for Final PUD and Plat consideration.
Recommendation:
Staff recommends extending consideration of the Final PUD and Plat until June 15, 2003 to
allow Beltline additional time to resolve the issues.
Prepared by: Julie Grove, Associate Planner
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 4l - Planning Commission Minutes Feb 19, 2003
Page 1 of 6
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
February 19, 2003 -- 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: John Basill, Phillip Finkelstein, Ken Gothberg, Dennis
Morris, Carl Robertson, Jerry Timian (arrived at 6:10 p.m.)
MEMBERS ABSENT: Michelle Bissonnette
STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells
1. Call to Order--Roll Call
Chair Gothberg called the meeting to order at 6:00 p.m.
Chair Gothberg welcomed newly appointed Planning Commissioner John Basill.
2. Approval of Minutes of January 8, 2003
It was moved by Commissioner Morris to approve the minutes of January 8, 2003
as presented. The motion passed 4-0-1. (Commissioner Basill abstained).
3. Hearings:
A. Case No. 03-05-ZA—Request to review text amendments to Chapter 36 of
the Municipal Code to exempt buildings and play areas for small
educational facilities, limited to 20 students, in the R-4, Multifamily
residential zoning district from the 50 foot setback requirements from
other lots in the R-4, or R-C District.
Planning and Zoning Supervisor Janet Jeremiah presented a report regarding
applicant Daniel Yavner and Metropolitan Open School’s request to allow small
educational facilities, limited to 20 students and for students through the eighth
grade, to be exempt from the 50-foot setback requirement provided the adjoining
lot is zoned multifamily residential.
Ms. Jeremiah stated that the applicants are also requesting exemption from the 25-
foot setback of play areas from residential lots because the school does not
provide any on-site outdoor play equipment.
Staff believes parking requirements can be met on-site with some modifications.
Staff is recommending the Planning Commission consider eliminating schools as
St. Louis Park City Council Agenda
Item: 040703 - 4l - Planning Commission Minutes Feb 19, 2003
Page 2 of 6
a permitted use in a C-2 Commercial District, however the recommendation
would not effect adult “trade schools.”
Chair Gothberg opened the public hearing.
Daniel Yavner thanked the staff for their guidance. Mr. Yavner said the school
has, for a number of years, escorted their students to the nearby Freedom Park for
outdoor activities. He stated that the existing school is just one block away from
the 3390 Library Lane property. Mr. Yavner anticipates having only 15 students.
Currently two students walk to school and the remainder would most likely be
transported by their parents.
In response to questions about bus and car traffic, Ruth Carp, Director of
Metropolitan Open School said that no students are being bused this year. She
stated that some families have more than one child in the school. This fact, along
with car pooling and walking, means that there is very little car traffic. Ms. Carp
said that the school utilizes the Recreation Center and also has special outdoor
activities such as cross country skiing.
Jacqueline McMillan, 3340 Brownlow, said her family moved to St. Louis Park to
be near the school. As a neighborhood resident, Ms. McMillan is requesting the
Planning Commission support the proposal.
Chair Gothberg closed the public hearing.
Commissioner Morris said he is torn because he commends the use but he
opposes changing the ordinance. He said to change the ordinance would make it
available to anyone who would want to do the same, specifically, his concern is
the 25-foot setback request. He suggested that a Conditional Use Permit might be
the answer, and perhaps such uses could be looked at individually. Commissioner
Morris does not support the amendment as proposed but he would be inclined to
support it if it was crafted in a manner that would allow staff and the Planning
Commission to regulate the individual education facility as it is being proposed.
There was a discussion about pursuing the request with a variance, and Ms.
Jeremiah responded that because there is no hardship a variance is not under
consideration.
Commissioner Basill expressed concern about green space on the property, and he
wondered if there might be another condition regarding any proposed rental unit
in the same structure as the school.
Chair Gothberg commented that this lot is one of the larger lots in the area. He
asked Ms. Jeremiah about a Conditional Use Permit as a solution. Ms. Jeremiah
said it is a reasonable suggestion if the Planning Commission is concerned about
St. Louis Park City Council Agenda
Item: 040703 - 4l - Planning Commission Minutes Feb 19, 2003
Page 3 of 6
how the amendment may be utilized on other lots, and staff would be comfortable
with a Conditional Use Permit category. Ms. Jeremiah said staff is
recommending a fence and a bufferyard for the school property.
Commission Finkelstein favors a Conditional Use Permit, and asked how this
would affect the applicant’s schedule. Mr. Yavner said a Conditional Use Permit
timeline would be acceptable.
Chair Gothberg said perhaps the Planning Commission should recommend a
Conditional Use Permit for the C-2 as well.
Commissioner Morris moved that the Planning Commission forward the proposed
ordinance amendment to the City Council with a recommendation that a
Conditional Use Permit be adopted for this type of property use for the R-4 and
C-2 districts. The motion was seconded by Commissioner Finkelstein. The
motion passed 6-0.
Ms. Jeremiah said this request could probably move through the Conditional Use
Permit process by July 2003.
B. Case Nos. 03-07-CP and 03-06-Z—Request of The Luther Company for a
Comprehensive Plan Map change from Industrial to Commercial and a
zoning map change from IP – Industrial Park and IG – General Industrial
to C2 – General Commercial for property located at 2370 and 2440 State
Highway 100 S.
Planning Coordinator Judie Erickson presented a staff report. The property owner
would like to move the Buick dealership to another location and redevelop this
site. The plan is to remove the existing building on the north property and replace
it with a new building to house the Volkswagon dealership that is currently
located on the east side of TH 100 at Cedar Lake Road. Ms. Erickson said the
Public Works Director informed staff that MnDOT has been looking at this site
for storm water retention when Highway 100 is reconstructed, however, nothing
has been decided. Ms. Erickson noted that a C-2 zoning is the most flexible
commercial district. Staff is recommending approval of the Comprehensive Plan
change and the rezoning.
Chair Gothberg opened the public hearing.
Tim O’Dougherty of Luther Company Limited Partnership, introduced Steve
Hendricks, General Manager of Westside Volkswagen; Lynn Robson, corporate
office; Peter Beck, attorney; and John Baker, architect. Mr. O’Dougherty said
that Buick/Pontiac will eventually relocate to Golden Valley.
St. Louis Park City Council Agenda
Item: 040703 - 4l - Planning Commission Minutes Feb 19, 2003
Page 4 of 6
Mr. Baker presented a site plan. He addressed the floodplain question,
commenting that it is a very flat site and the perimeter is in a slightly different
location than indicated on the FEMA floodplain map.
Ms. Erickson stated that floodplain maps are very general and that an actual
survey of property can reveal an exact location of the floodplain boundary.
Commissioner Robertson said there has been a continual loss of industrial zoning
in St. Louis Park, and the City needs to be aware of that.
Ms. Erickson reviewed the percentages of zoning classifications in the City,
stating that Industrial comprises about 6.2% after right-of-ways are removed.
Ms. Erickson said an industrial study of the City is anticipated to be underway
beginning in about mid-2003.
Chair Gothberg closed the public hearing.
It was moved by Commissioner Robertson, seconded by Commissioner
Finkelstein, to recommend approval of the Comprehensive Plan amendment to
change the land use designation from Industrial to Commercial; and to
recommend approval of a zoning map amendment to change the zoning
designation from IG - General Industrial and IP - Industrial Park to C2 - General
Commercial. The motion passed 6-0.
C. Case No. 03-08-ZA—Proposed Amendments to St. Louis Park Ordinance
Code (Zoning) Relating to Retail Uses in the O-Office District, Planning
Fee Refunds, and Abandoned or Cancelled Variances.
Ms. Erickson presented a staff report.
Ms. Erickson reported that once a variance is issued for a property, the variance is
recorded on the parcel and remains forever. The proposed amendment would
state that any variance approved for a property would be revoked and cancelled if
the building or structure for which the variance was granted is removed. This
provision would also be added to all resolutions approving variances. In response
to a question regarding how this would affect properties that have already been
granted variances, Ms. Jeremiah said staff would double check with the City
Attorney. However, unless otherwise stated, staff assumes existing variances
would be subject to the new requirements after the effective date of the new
ordinance, even though the new language was not included in those old variance
resolutions.
Commissioner Morris recommended to staff that the language in the fee schedule
be tightened in two regards: require that written notification be received by the
St. Louis Park City Council Agenda
Item: 040703 - 4l - Planning Commission Minutes Feb 19, 2003
Page 5 of 6
City as opposed to just a telephone call; and that withdrawal should be required
before staff provides public hearing notices.
It was moved by Commissioner Basill, seconded by Commissioner Robertson, to
recommend approval of Ordinance Code text amendments (related to zoning) to
modify conditions for approving retail uses in the O-Office District, Planning Fee
Refunds (including the addition of suggested language), and Abandoned or
Cancelled Variances. The motion passed 6-0.
4. Unfinished Business
5. New Business
A. Elect Chair and Vice-Chair
Chair Gothberg nominated Carl Robertson to be Chair. The motion passed 5-0-1.
(Commissioner Robertson abstained).
Commissioner Morris nominated Michelle Bissonnette to be Vice-Chair. The
motion passed 6-0.
Chair Gothberg was thanked for his service as Chair of the Planning Commission.
6. Communications
A. Recent City Council Action
Chair Gothberg said on March 3, 2003, the City Council will consider a
resolution to accept the Elmwood Study and clarify concerns and issues
that are outstanding.
B. APA - Mastering Meeting Management--2003 Audio Conference Program
Ms. Jeremiah suggested presenting the APA program to the Planning
Commission at a study session on March 12th. The Commissioners
concurred.
C. March 5 Planning Commission meeting moved to March 12
D. Board of Zoning Appeals minutes October 24, 2002
E. Board of Zoning Appeals agenda January 23, 2003
7. Miscellaneous
In response to a question regarding the Sage Hen site, Ms. Jeremiah reported that
a Wendy’s drive-thru is being proposed on the site. As of February 19, 2003, a
St. Louis Park City Council Agenda
Item: 040703 - 4l - Planning Commission Minutes Feb 19, 2003
Page 6 of 6
complete application has not been submitted. Ms. Jeremiah said comments from
a recent neighborhood meeting were predominantly negative in regard to the
drive-thru but not the restaurant component. Ms. Jeremiah said drive-thru
restaurants are prohibited in a mixed-use district but they are allowed by
conditional use permit in a commercial district. She said staff has concerns with
circulation for the proposed Wendy’s.
Ms. Jeremiah reported that apartment rentals at Park Commons are going
extremely well. Phase II is now proposed to be entirely owner-occupied units.
8. Adjournment
Chair Gothberg adjourned the meeting at 7:55 p.m.
Minutes prepared by: Respectfully submitted by:
Linda Samson Nancy Sells
Recording Secretary Administrative Secretary
St. Louis Park City Council Agenda
Item: 040703 - 4m - Housing Authority Minutes Mar. 12, 2003
Page 1 of 4
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, February 12, 2003
Community Room, Hamilton House
5:00 p.m.
MEMBERS PRESENT: Catherine Courtney, Anne Mavity, Judith Moore
MEMBERS ABSENT: William Gavzy, Shone Row
STAFF PRESENT: Sharon Anderson, Jane Klesk, Kathleen Larsen, Michele Schnitker
GUESTS PRESENT: Several Hamilton House residents
1. Call to Order
The meeting was called to order at 5:17 p.m.
2. Approval of Minutes for January 8, 2003
Commissioner Mavity moved for approval of the January 8, 2003 minutes, and
Commissioner Moore seconded the motion. After a brief discussion, the motion was
unanimously approved on a vote of 3-0, with the following amendment to item 6(b),
paragraph 3: Commissioner Mavity moved for amendment of Resolution No. 510 to
change the effective date to April 1, 2003.
6. New Business
a. Grant Year 2003 Community Development Block Grant funds and 2002 Housing
Rehab Activity
Ms. Larsen stated that CDBG funding is expected to be approximately $270,000 in 2003,
and the funds are specifically used to benefit low and moderate-income persons. The
proposed allocation is $94,000 to single-family targeted rehab loans to low-income
homeowners; $62,500 for improvements to eight Community Involvement Program
(CIP) properties; $70,000 to provide grants of up to $4,000 to low and very-low income
homeowners through the Emergency Repair Program; and $43,500 for CDBG single-
family deferred loans. The proposed allocation has been presented to the City Council,
and a Public Hearing is scheduled for March 3, 2003.
2
Following general discussion of the 2003 proposed allocation, Ms. Larsen explained that
2001 funds not committed nor expended were reallocated in the amounts of $40,000 to
Wayside House, and $22,823 to the Emergency Repair Program.
Ms. Larsen added that CASH has already committed all 2002 funds. This will provide a
level of funding sufficient to prevent a gap in services from now until 2003 funds become
available in August, 2003.
Ms. Larsen briefly recapped the Blackstone Single-Family Neighborhood Pilot Program,
multi-family rehab activity, the Pilot Rehab Program, discount loan rehab activity, single-
family residential major renovations and new construction (SFR).
b. Approval of Section 8 Operating Budget for Fiscal Year Ending March 31, 2004
Ms. Schnitker highlighted various items in the Section 8 Operating Budget. The budget
is a formula-based calculation and was based on an annual utilization of 292 vouchers. St.
Louis Park's HUD-approved voucher allocation is 265, but actual utilization was 285 in
January, 2003. The 25 project-based units for Park Commons and Vail Place have not
yet been issued but will be absorbed over the next year, and HUD has indicated that they
will fund increased costs due to high utilization.
HUD has also approved the amended budget for this year and has awarded the HA
additional funds to cover increased costs for this year due to high program utilization.
Commissioner Moore moved to approve the Section 8 Operating Budget for Fiscal Year
Ending March 31, 2004, Commissioner Mavity seconded the motion, and the motion
passed on a vote of 3-0, with Commissioners Courtney, Mavity and Moore voting in
favor.
c. Section 8 Funding Analysis
Ms. Schnitker explained that as a result of discrepancies noted in the audit, the Finance
Department did an analysis which resulted in the Section 8 Program becoming eligible
for an additional $143,760 in subsidy. This additional subsidy would increase Fiscal
Year 2002 Audited Financial Statement Retained Earnings from $41,064 to $184,824.
d. Approval of Public Housing Operating Budget for Fiscal Year Ending March
31, 2004
Ms. Schnitker stated that beginning April 1, 2003, HUD will fund the HA at 70% of the
operating subsidy amount earned for our current year. After HUD determines their final
subsidy calculations based on HA budget submissions and the HUD-approved budget, the
HA will receive the final prorated subsidy funding percentage, which is anticipated to be
approximately 90%. After a general discussion regarding the operating budget,
Commissioner Mavity moved to adopt Resolution No. 511, Approval of the Public
Housing Operating Budget for Fiscal Year Ending March 31, 2004. Commissioner
3
Moore seconded the motion, which passed on a vote of 3-0, with Commissioners
Courtney, Mavity and Moore voting in favor.
e. Approval of Public Housing Scattered-Site Utility Allowance
Ms. Anderson briefly explained the revised utility allowances and recommended
adoption of Resolution No. 512, amending the Utility Allowances. Commissioner
Mavity moved for approval of Resolution No. 512, with the recommendation that staff
has discretion to change one item in question on the schedule. Commissioner Moore
seconded the motion, and the motion passed on a vote of 3-0, with Commissioners
Courtney, Mavity and Moore voting in favor.
f. 2002 Public Housing Assessment Score (PHAS)
Ms. Schnitker stated that the HA scored 91 for the year ended March 31, 2002,
explaining that points were deducted in the following indicators:
Physical Inspections 4 points
Financial 3 points
Management 1 point
Resident Survey 1 point
7. Communications from Executive Director.
a. Claims List No. 2-2003
Commissioner Moore moved to ratify Claims List No. 2-2003. Commissioner Mavity
seconded the motion, and the motion passed on a vote of 3-0, with Commissioners
Courtney, Mavity, and Moore voting in favor.
b. Communications
Ms. Schnitker provided a brief update on the status of the Housing Summit.
(1) Monthly Report for February, 2003
(2) Scattered-Site Houses and Hamilton House
Ms. Anderson stated that there are currently several turnovers within
Public Housing, and the maintenance personnel are very busy. Ms.
Anderson read a letter of commendation from Hamilton House resident
Elizabeth Strong.
(3) Draft Financial Statements
(4) 2002 Action Plan Update
4
9. Adjournment
Commissioner Moore moved for adjournment and Commissioner Mavity seconded the
motion. The motion passed on a vote of 3-0 with Commissioners Courtney, Mavity, and Moore
voting in favor. The meeting was adjourned at 6:40 PM.
Respectfully Submitted,
Shone Row, Secretary
St. Louis Park City Council Agenda
Item: 040703 - 4n - HRC Minutes of Feb. 19, 2003
Page 1 of 4
City of St. Louis Park
Human Rights Commission
Minutes – February 19, 2003
Westwood Room – City Hall
Present
Commission Members: Cassie Boddy, Colleen Clark, Kristin Edsall, Annie Gaffney, Julie
Kirsch, Kristi Rudelius-Palmer, Ganesh Rameshrathinam, Kristin Siegesmund
Staff: Martha McDonell, Commission Liaison and Kim Olson, Recording Secretary
Guests: Rebecca Kes, Police Advisory Committee
Call to Order
Chair Siegesmund called the meeting to order at 7:05 p.m.
Chair Siegesmund asked Ms. Kes to introduce herself and describe the Police Advisory
Committee to the commission. Ms. Kes explained that the Police Advisory Committee is a new
committee developed to find ways for the Police Department to work more closely with the
community and understand current issues. Chair Siegesmund felt that if the Police Advisory
Committee and the Human Rights Commission worked together, they could move the Hate
Crime Response Plan forward as well as find focus areas for the Police Department with the
Human Rights Commission Audit.
Minutes
It was moved by Ms. Edsall, seconded by Chair Siegesmund, to approve the meeting minutes of
January 15, 2003. The motion was passed 8-0.
Approval of Agenda
The commission approved the agenda with the following additions to New Business:
• Resolution against war with Iraq
• Invitation to New Councilmember
Commissioner and Staff Reports
Ms. Boddy recited a quote that she felt was appropriate for human rights. She reported that
rumors have been escalating at the High School regarding violence in the school. The rumors
have not been confirmed and the principal has addressed the student body and urged them to be
respectful to one another.
Chair Siegesmund informed the commission of the Nobel Peace Prize celebration that recently
took place.
Ms. Rudelius-Palmer also informed the commission that March 8th is Women’s Human Rights
Day. March 16-17 is the celebration for Human Rights for Indigenous People. Ms. Rudelius-
St. Louis Park City Council Agenda
Item: 040703 - 4n - HRC Minutes of Feb. 19, 2003
Page 2 of 4
Palmer explained that a proposed bill that would revoke the passage of the Gay-Lesbian-
Bisexual-Transgender Human Rights Act as well as provisions for survivors of the Holocaust. It
was suggested that Chair Siegesmund write a letter to the legislature. After some discussion, the
Commission would like to write to the Governor and the Sun Sailor as well. Chair Siegesmund
reminded the group that any published correspondence from the commission would have to be
approved by the City Manager and the Communications Coordinator.
Chair Siegesmund informed the commission that the Star Tribune had published an article about
the Human Rights Award that YES Kids received from the Human Rights Commission.
Ms. Gaffney inquired about the Human Rights Pledge. Since so few have signed, she felt info
should go out to the community about it and that it should be placed on the website. Ms.
McDonell suggested writing about it in the City’s Business Line newsletter that gets sent to all
businesses in St. Louis Park.
Old Business
Annual Report
Chair Siegesmund distributed the draft that she had compiled after reviewing the previous year’s
commission minutes. The commission discussed minor changes they would like made. It was
motioned by Ms. Rudelius-Palmer, seconded by Ms. Gaffney, to approve the 2002 Annual
Report with a few minor changes. The motion passed 8-0.
Human Rights Award
Chair Siegesmund gave a recap of the City Council meeting where the award was presented.
The commission agreed that there was a great turnout and the meeting went nicely. Chair
Siegesmund stated that the YES Kids program is running out of funding. Ms. Edsall suggested
assisting them in a fundraiser for the program. The commission agreed that they would help the
YES Kids organization if they asked for their assistance.
Audit Committee
Ms. Edsall reported that the audit committee met two weeks after the last Human Rights
Commission meeting. She stated that Ms. McDonell had provided them with some samples of
previous studies and the audit committee felt they had an idea of where they were going. Ms.
Edsall felt they needed a plan to manage the lack of data as well as certain areas to focus on. Ms.
McDonell suggested working with the group from the Vision survey to get some ideas. Other
resources were sample audits, census and crime date. Ms. Edsall felt that Ms. Kes from the
Police Advisory Committee could be helpful in building a relationship between that committee
and the Human Rights Commission.
Chair Siegesmund agreed that the audit needs to have specific targets of study. Ms. Edsall would
like to complete an analysis of current problems in the community, which would then guide the
direction of the audit. Ms. Siegesmund felt the High School’s ethnographic study would be
helpful to the audit and also felt that socioeconomic problems and issues should be looked at.
St. Louis Park City Council Agenda
Item: 040703 - 4n - HRC Minutes of Feb. 19, 2003
Page 3 of 4
Student Essay Contest
Ms. Gaffney stated that the contest deadline is March 31st. Ms. Clark reported that the Junior
High will not have enough time to incorporate the essay into their lesson plan but they could
perhaps give extra credit to those that enter the contest. Ms. Boddy reported that she met with
the Cedar Manor principal and they discussed having the 6th grade students enter the contest.
Ms. McDonell asked the commission to forward the names of any interested teachers to her so
that she could place them on the mailing list for next year. The commission agreed to send out a
reminder to all the schools and to get all materials to them by the end of February. Ms. Edsall
volunteered to speak to the Jewish Community Center.
New Business
Iraq Resolution
Ms. Rudelius-Palmer distributed sample resolutions to the commission. Chair Siegesmund felt
that it would be appropriate to pass on to Council. Ms. Rudelius-Palmer stated that she would
like Council to pass a resolution against war with Iraq as there are human rights issues involved.
Ms. McDonell recommended bringing the issue to the City Council at a Study Session so they
could discuss the possibility. Another option would be to find a Councilmember to sponsor the
resolution. Discussion ensued on citizen involvement with such a resolution. Mr.
Rameshrathinam encouraged the commission to do further research with the Iraq issue.
Ms. Gaffney did not feel that the issue was appropriate for the Human Rights Commission and
felt that it would create conflict within the community. Chair Siegesmund stated that the
commission could propose the idea to Council and it would ultimately be up to Council to
discuss and decide upon the issue. Mr. Rameshrathinam inquired if there would be fallout if
there was a war with Iraq. Ms. McDonell stated that St. Louis Park has a high ethnic population
and there could be issues that would arise in the community.
The commission considered two resolutions to pass and decided to vote on the shorter, more
concise version.
Ms. Rudelius-Palmer would like to encourage Council to designate peace sites within the
community. Ms. McDonell suggested the commission add that to their work plan.
Chair Siegesmund hoped they would be able to bring citizens together to speak about their
concerns regarding the issue. Ms. Clark stated that her neighborhood was having a meeting soon
and she would bring the topic up.
It was motioned by Ms. Rudelius-Palmer, seconded by Ms. Kirsch, to pass the resolution. The
motion was approved 7-1. Ms. Gaffney opposed.
Invitation to Councilmember
The commission agreed they would like to invite a Councilmember to attend one of their
meetings and to possibly be a liaison to the commission. Chair Siegesmund inquired about the
advantages of having a Councilmember as a liaison. Ms. Rudelius-Palmer felt that it would
St. Louis Park City Council Agenda
Item: 040703 - 4n - HRC Minutes of Feb. 19, 2003
Page 4 of 4
increase the communication level. Ms. McDonell suggested the commission invite the recently
appointed Councilmember Paul Omodt and ask him or another Councilmember if they would be
interested in being a liaison. Ms. Kirsch felt the commission should take a proactive role in
following Council issues. Ms. Edsall felt that it may be better to present issues to Council as
they arise rather than asking a Councilmember to sit in on all of their meetings.
Set Agenda for Next Meeting
The commission placed the following items on the agenda:
• Ice Cream Social
• Parktacular
• Community Forums – Tensions with Iraq
• Invite Paul Omodt
• Student Essay Contest – Process
• Audit Committee
• School Issues
Adjournment
It was motioned by Chair Siegesmund, seconded by Ms. Boddy, to adjourn the meeting at 9:00
p.m. The motion passed 8-0.
Respectfully submitted,
Kim Olson, Recording Secretary
St. Louis Park City Council Agenda
Item: 040703 - 4p - Planning Commission Minutes Mar. 12, 2003
Page 1 of 2
OFFICIAL MINUTES
PLANNING COMMISSION STUDY SESSION
ST. LOUIS PARK, MINNESOTA
March 12, 2003 – 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: John Basill, Phillip Finkelstein, Ken Gothberg, Dennis Morris,
Carl Robertson, Jerry Timian
MEMBERS ABSENT: Michelle Bissonnette
STAFF PRESENT: Janet Jeremiah
OTHERS PRESENT: Bob Cunningham, TOLD Development
1. Call to Order – Roll Call
Chair Robertson called the meeting to order at 6:00 p.m.
2. Approval of Minutes of February 19, 2003
Minutes to be reviewed and approved at the March 19 meeting.
3. Study Session
A. Excelsior and Grand Phase II Update
Bob Cunningham gave an overview of the Phase I project, including tenant locations and
parking. Commissioners asked if the Phase I apartments could ever be converted to
condominiums. Bob responded that is possible in the future. The official Excelsior and
Grand Phase I Grand Opening ribbon cutting is planned for June 21.
Mr. Cunningham gave an overview of the current Phase II concept. Phase II is located on
a 2.2 acre site at the northeast corner of Grand Way and Park Commons Drive. Ground
floor retail (about 4500 square ft.) would be included on the Town Green but with a
shallower bay depth than Phase I. The shallower depth gives each tenant more frontage
on the Town Green. However it leads to the need for a Comp Plan and Zoning change to
reduce the depth of the Mixed-Use designation and district. There would be three stories
of residential above the retail and four stories of residential (ground to roof) on Park
Commons Drive and Wolfe Parkway. All of the residential will be for-sale
condominiums. There will be approximately 114 units that will likely be developed in
two stages: 55 would be built first adjacent to Wolfe Parkway, with an additional 59
units and the retail added on Grand Way and Park Commons Drive (attached to the first
stage, so it will be one building with a single residential lobby entrance on Grand Way
near the park).
St. Louis Park City Council Agenda
Item: 040703 - 4p - Planning Commission Minutes Mar. 12, 2003
Page 2 of 2
Mr. Cunningham explained that of the proposed 114 condo units, approximately 20%
would be one-bedroom and 80% would be two-bedroom and two-bedroom plus den.
Sizes would range from approximately 850 sq. ft. to 1800 sq. ft. with an average size of
approximately 1,250 sq. ft. Pricing is still very tentative but is expected to range from
just under $200,000 to about $450,000 depending on size and finishes. Each unit would
have at least one underground parking space with an average parking ratio of
approximately 1.65 – 1.7 spaces per unit.
Mr. Cunningham said that in order to obtain financing, TOLD needs approximately 45-
50% pre-sales of units. This is the main reason for staging the construction. However,
interest has been significant. In addition to a substantial existing list of potential buyers,
new signs advertising the future condos generated over 160 calls in just over two weeks.
If pre-sales are high enough, construction will proceed quickly on the second stage of the
building. Groundbreaking on Phase II first stage is expected in August with occupancy
beginning in mid-May 2004.
Mr. Cunningham also informed the Commission about the public art initiative related to
the banner design. Mr. Cunningham is Chair of the Special Service District Banner
Committee.
B. APA – Mastering Meeting Management – 2003 Audio Conference Program
Discussion followed the presentation. Commission Morris suggested that a hand-out
explaining the purpose and volunteer composition of the Planning Commission be
prepared for meeting audiences A hand-out could also outline meeting etiquette asking
participants to state their name and address and to limit their testimony to 5 minutes,
emphasizing issues that haven’t already been covered.
Commission Basill remarked that the City’s website includes helpful information
regarding speaking at council meetings and presentation pointers.
Ms. Jeremiah noted that APA’s Planning Commission Training Center website is
www.planning.org/pctc/index.htm
Requests were made by commissioners for print-outs of slides from the APA
presentation, future agendas and/or planning application spreadsheets, and meeting Rules
of Order.
4. Adjournment
Chair Robertson adjourned the meeting at 8:20 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Agenda
Item: 040703 - 4q - Planning Commission Minutes of Mar. 19, 2003
Page 1 of 3
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
March 19, 2003 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: John Basill, Michelle Bissonnette, Phillip Finkelstein,
Ken Gothberg, Dennis Morris, Carl Robertson,
Jerry Timian
STAFF PRESENT: Janet Jeremiah, Nancy Sells
OTHERS PRESENT: Bob Cunningham, TOLD Development
1. Call to Order – Roll Call
Chair Robertson called the meeting to order at 6:00 p.m.
2. Approval of Minutes of February 19, 2003
Commissioner Morris moved to approve the minutes of February 19, 2002. The motion
passed 6-0. (Commissioner Bissonnette arrived at 6:15 p.m.)
3. Hearings:
A. Case Nos. 03-10-CP and 03-11-Z
Request of TOLD Development Company for an amendment to the
Comprehensive Plan to change the eastern 40 feet of the Commercial Mixed-Use
land use designation along Grand Way from Commercial Mixed-Use to High-
Density Residential and to change the Zoning of the same 40 feet from M-X
Mixed-Use to R-C High-Density Residential for Phase II of Excelsior & Grand
(Phase NE, Park Commons East)
Ms. Jeremiah provided a staff report.
Mr. Cunningham presented a graphic illustrating the subject property and proposed land
use and zoning changes.
Commissioner Morris stated as way of explanation to the public viewing audience that
the request had been discussed in detail at the Planning Commission’s March 12 study
session.
Chair Robertson thanked Commissioner Morris for providing that clarification .
St. Louis Park City Council Agenda
Item: 040703 - 4q - Planning Commission Minutes of Mar. 19, 2003
Page 2 of 3
Chair Robertson asked Ms. Jeremiah if the change to all owner-occupied housing in
Phase II still provides a good mix in the project.
Ms. Jeremiah responded that it is an improvement. She explained that in general terms
the City tries to maintain a 60-40 owner occupied/rental mix in the community at large.
Phase II all owner-occupied housing brings the project closer to meeting that mix and
contributes overall to the City.
Commissioner Gothberg said that most of the commissioners participated in the initial
review process of the project and had desired more owner occupied housing in the total
project. He added that he much prefers the proposed building arrangement of one
contiguous Phase II condominium building compared to the earlier concept plan of
separate townhouses. He believes it will be a much nicer addition to the community.
At Commissioner Timian’s request, Mr. Cunningham reviewed the graphic illustration of
proposed Phase II plans for the public viewing audience.
Commissioner Finkelstein asked Mr. Cunningham to comment on the make-up of the
proposed units. Mr. Cunningham responded that 20% of the units will be one-bedroom
units, with the remainder being two-bedroom units and two-bedroom plus den units.
Two-bedroom plus den units can be converted into three-bedroom units. The average
size will be approximately 1,250 sq. ft. Approximately 6 units of the condominiums will
be two-story and there will be front stoop entries on Park Commons Drive and Wolfe
Parkway. He added that Phase I rental units are approximately 990 sq. ft. and
condominiums will be 25% larger on average.
Commissioner Basill inquired about pricing. Mr. Cunningham said the pricing details are
just now being put together. The sales office is expected to open around April 30. He
anticipates the price will be from just below $200,000 to mid-$400,000 with the average
being around $250,000 - $270,000.
Commissioner Finkelstein asked Mr. Cunningham to explain the change from apartments
to townhomes in terms of the real estate market. Mr. Cunningham said it was due to
interest rates which are currently at a 40-year low, making the cost of home ownership
more affordable. Initially Phase II plans included residential rental housing on the block.
The southern building was looked at as flexible so it could go either way. Two sets of
market analyses came back very strongly inclined toward owner occupied housing.
Chair Robertson opened the public hearing. With no one wishing to speak, Chair
Robertson closed the public hearing.
It was moved by Commissioner Morris to recommend approval of the request of TOLD
Development Company for an amendment to the Comprehensive Plan to change the
eastern 40 feet of the Commercial Mixed-Use land use designation along Grand Way
St. Louis Park City Council Agenda
Item: 040703 - 4q - Planning Commission Minutes of Mar. 19, 2003
Page 3 of 3
from Commercial Mixed-Use to High-Density Residential and to change the Zoning of
the same 40 feet from M-X Mixed-Use to R-C High-Density Residential for Phase II of
Excelsior & Grand (Phase NE, Park Commons East). The motion passed 7-0.
4. Unfinished Business: None
5. New Business
A. Consent Agenda – None
B. Other New Business
i. April 16 Planning Commission meeting moved to April 23 (Passover)
6. Communications
A. Recent City Council Action – March 3, March 17
B. BOZA minutes Dec. 3, 2002 and Jan. 23, 2003
C. BOZA agenda Feb. 27, 2003
D. Other
Ms. Jeremiah reported that Bob Jorvig, St. Louis Park Historical Society, recently
provided a 50-minute presentation to City staff on the history of St. Louis Park.
A tape of the presentation is available if Commissioners are interested in viewing
it at a future study session. Chair Robertson said it should be considered for a
future study session.
7. Miscellaneous
8. Adjournment
Chair Robertson adjourned the meeting at 6:20 p.m.
Respectfully submitted by:
Nancy Sells
Administrative Secretary
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 1 of 9
6a. Amended Business Subsidy Policy
This report considers the adoption of an amended Business Subsidy Policy by the
St. Louis Park City Council.
Recommended
Action:
Motion to close public hearing and adopt the amended Business
Subsidy Policy for the City of St. Louis Park.
Background:
The City is required to adopt a Business Subsidy Policy pursuant to Minnesota Statutes, Section
116J.993 through 116J.995 otherwise known as the Business Subsidy Law. The EDA and City
Council adopted its current business subsidy policy in 1999 (please see attached). Over the last several
years, the State Legislature amended the Business Subsidy Law. The most significant change in the
law required that agencies must first adopt specific criteria before granting a business subsidy. The
primary statutory requirements which must be met by the business subsidy policy are as follows:
• public purpose.
• adopted following a public hearing.
• adopted on a case-by-case basis.
• sets specific minimum requirements (such as job creation and wage level goals) that recipients
must meet within two years of the benefit date.
• establishes other measurable goals if job creation or retention is not a goal of the subsidy.
• requires recipients to enter into a subsidy agreement with a grantor that includes specific job and
wage goals for the jobs created or retained.
• complies with reporting requirements.
Agencies that adopted policies prior to May 1, 2000 were given until May 1, 2003 to bring their
policies into compliance with the amended statutes. The City’s Business Subsidy Policy was adopted
in November 1999 and is, therefore, in need of revision so as to be in compliance with the amended
statutes and allow it to grant business subsidies in the future.
What constitutes a business subsidy?
The statutes set forth a definition and specific exclusions for business subsidies. Both must be
considered in determining if a specific action is a business subsidy and subject to the statutes. To
summarize, the statutes are triggered for the following thresholds:
• any contribution to a business equaling $25,000 or more (i.e., grants or contributions of personal
property, real property, or infrastructure).
• business loans of more than $75,000.
• the principal amount of a loan at rates below those commercially available.
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 2 of 9
• reductions or deferrals of taxes or fees, including tax increment financing (TIF).
• guarantees of payment under any loan (under $75,000), lease, or other obligation.
The statutes actually define business subsidy more so by what it is not. In fact, 22 types of assistance
are explicitly excluded from the definition of business subsidies.
What changes were made to the City’s policy?
Attached is a copy of the previous policy and the proposed draft of the new policy. The recent
statutory amendments to the business subsidy law basically necessitated the drafting of an entirely new
policy. The following is a summary and explanation of the provisions included in the new policy:
1. The new policy states that it will be administered in conjunction with other City-adopted
economic development policies and that proposed projects must be in conformance with the
Comp Plan and Zoning Ordinance. This accommodates a concern raised when the previous
policy was being considered.
2. The previous policy did not clearly state the requirement for a public purpose supporting each
subsidy. The amended statute requires that every business subsidy meet a public purpose which
is provided in Sections 3 and 5 of the new policy. The new policy also states that the recipient
of any business subsidy must enter into a subsidy agreement with the City and EDA that
complies with the statute.
3. Section 4 (d & e) of the new policy requires developers to demonstrate that proposed projects
would not be economically feasible without the benefit of a subsidy.
4. Section 5 sets forth the specific public purpose criteria for considering a business subsidy as
required in the 2000 amendments. These criteria are consistent with the goals in the “Economic
Development Strategic Plan For Housing and Business” adopted into the Comp Plan.
5. Section 6 addresses the requirement that recipients must meet other measurable goals if job
creation or retention is not a goal of the subsidy.
6. The criteria must include a provision regarding the number of jobs to be created or retained.
The statute permits the recipient to set separate goals for the number of full-time or part-time
jobs, or, in cases where job loss is specific and demonstrable, goals for the number of jobs
retained.
7. The 2002 amendments specifically require that the criteria specify minimum wage
requirements. Section 5 ( c) of the new policy states that 90% of the jobs created or retained as
a result of the business subsidy must pay at least 110% of the Federal minimum wage. This
minimum wage will be irrelevant for subsidies where the City or EDA specify a goal other than
job creation or retention.
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 3 of 9
9. Section 9 explains the recipient’s obligations in the event the recipient fails to meet the business
subsidy goals (be they jobs and wages, or the alternative goals selected after a public hearing.).
10. Sections 10 and 12 clarify the City and EDA’s right to deviate from the Policy, and amend it in
the future.
11. Section 11 explains that the granting of a business subsidy may be subject to a public hearing,
must be approved by both the City and EDA and that recipients will be required to comply with
the statute’s reporting requirements. The statute requires local governments to hold a public
hearing when considering a business subsidy of $100,000 or more.
In addition to the above, Council requested at its 3/10/03 Study Session that several additional
provisions be included in the new policy. These provisions are highlighted in bold in the new policy
and are summarized as follows:
1. The preamble was changed to more fully explain the purpose of the policy.
2. 4 (e) was amended upon recommendation of legal counsel to provide greater flexibility.
3. 4 (f) provides additional provisions on how requests for business subsidies will be evaluated.
4. 5 (b) & (c) indicates priority will be given to projects that create a significant number of new
jobs that provide higher wages and attractive benefits.
Recommendation:
Staff recommends approval of the amended Business Subsidy Policy as presented.
Attachments: Revised Business Subsidy Policy
Current Business Subsidy Policy
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Tom Harmening, Community Development Director
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 4 of 9
REVISED DRAFT
CITY OF ST. LOUIS PARK
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
BUSINESS SUBSIDY POLICY
As Amended April 7, 2003
1. PURPOSE
Business subsidies are considered investments in the City of St. Louis Park (“City”) and are meant
to encourage desirable development and/or redevelopment that benefit the City. The purpose of
this policy is to establish the City’s criteria relating to the provision of business subsidies for
commercial and industrial development. This policy shall be used as a guide in processing and
reviewing applications requesting business subsidies.
The City of St. Louis Park and St. Louis Park Economic Development Authority (“EDA”) maintain
several policy documents which speak to the general goals and objectives for the provision of
public assistance for private development or redevelopment activities. These documents include,
but are not limited to: The Economic Development Strategic Plan for Housing and Business, the
Development Fund Policy, and the Tax Increment Financing Policy.
The further intent of this policy is to satisfy the requirements of the Business Subsidies Act (the
"Act"), Minnesota Statutes, Sections 116J.993 through 116J.995. Terms used in this Policy are
intended to have the same meanings as if used in the Act, and this Policy shall apply only with
respect to subsidies granted under the Act if and to the extent required thereby.
2. STATUTORY LIMITATIONS
The City and EDA’s ability to grant business subsidies is governed by the limitations established
within the Act and every business subsidy is subject to the requirements set forth within the Act.
3. PUBLIC PURPOSE REQUIREMENT
All business subsidies must meet a public purpose as provided in Section 5 that may include, but
must not be limited to, increasing the property tax base. All business subsidy recipients must enter
into a business subsidy agreement with the City and EDA that complies with Minnesota Statutes,
Section 116J.994, subd. 3.
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 5 of 9
4. CIRCUMSTANCES FOR APPROVING A BUSINESS SUBSIDY
a. All business subsidies approved by the City and EDA should meet the criteria set forth herein.
However, it should not be presumed that a project meeting these criteria will automatically be
approved. Meeting these criteria creates no contractual rights on the part of any potential
developer or the City or EDA.
b. All proposed projects must be in accord with the Comprehensive Plan and Zoning Ordinances,
or required changes to the plan and ordinances must be under active consideration by the City at
the time of approval.
c. Potential recipients shall be required to provide such studies, reports, appraisals, information or
other data as may be requested by the City and EDA prior to consideration of a request for
business subsidy.
d. Business subsidies will not be provided to projects that have the financial feasibility to proceed
without the benefit of the subsidy. In effect, business subsidies will not be provided solely to
broaden a developer’s profit margins on a project.
e. All business subsidy requests shall meet the “but for” test or otherwise demonstrate why a
business subsidy is necessary and serves a public purpose as described in this policy. The “but
for” test means that the project would not develop solely on private investments in the
reasonable future. The developer shall provide findings for the “but for” test. If tax increment
financing is used to grant a subsidy, the recipient must demonstrate compliance with all
statutory requirements of the TIF Act, including the “but for” test. The potential recipient will
be required to provide all documentation necessary to make the requisite findings under the TIF
Act and the Act.
f. All projects requesting business subsidies will be evaluated to determine if their business
assumptions are reasonable, their financial projections are sound and their proposed venture(s)
are likely to be successful.
5. PUBLIC PURPOSE CRITERIA
a. Every business subsidy request will be evaluated according to the public purpose criteria
specified below which shall apply to all potential recipients.
• Support the expansion of businesses that have an environmentally sound track record and
provide desirable goods and services.
• Increase the community’s property tax base (e.g., generate a net increase in the amount of
property taxes paid before and after redevelopment).
• Create quality, new jobs (e.g., stable employment and/or attractive wages and benefits).
• Retain quality, existing jobs (where job loss is specific and demonstrable).
• Eliminate or prevent “substandard” or “blighted” areas.
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 6 of 9
• Cleanup contaminated properties.
• Reduce public health risks, safety concerns or criminal activity.
• Promote revitalization or economic diversification of neighborhoods.
• Develop/redevelop underutilized properties.
• Stimulate additional investment or “spin-off” businesses and jobs in the area.
• Encourage full utilization of existing or planned infrastructure improvements.
The above list is not exclusive; the City and EDA will consider public purposes that otherwise
meet their development and redevelopment goals.
b. Except as provided in Section 6 below, each recipient of a business subsidy must create or
retain a number of jobs to be specified in the business subsidy agreement. . There may be
separate goals for the number of part-time jobs or full-time jobs. Preference will be provided to
those projects that create and/or retain a significant number of quality jobs as defined above. In
cases where the public purpose is the retention of existing jobs, the recipient of the subsidy
must demonstrate that job loss is specific and demonstrable. The setting of specific job goals
will be sensitive to local economic conditions, external economic forces over which neither the
grantor nor the recipient of the subsidy has control, the individual financial resources of the
recipient and the competitive environment in which the recipient’s business exists.
c. Except as provided in Section 6 below, each recipient of a business subsidy must meet wage
goals for the jobs created or retained. The goals will be specified in the business subsidy
agreement. Preference will be provided to projects that create and/or retain stable jobs within
the City that offer wages significantly higher than the Federal minimum wage and attractive
benefits. In all cases, 90% of the jobs created or retained as a result of any business subsidy
approved by the City and EDA must pay at least 110% of the Federal minimum wage for full-
time and part-time employees
6. CRITERIA WHEN JOB CREATION/RETENTION IS NOT A GOAL
The grantor may determine, after a public hearing, that job creation or job retention is not a goal
of the business subsidy. In those cases, the recipient must meet at least one of the following
minimum requirements:
a. The proposed business subsidy must accomplish the removal, rehabilitation or
redevelopment of, or prevention of development or spread of, a blighted area as defined by
Minnesota Statutes, Section 469.002, subd. 11, or must constitute a cost of correcting
conditions that permits designation of a redevelopment district or renewal and renovation
district under Minnesota Statutes, Section 469.174 to 469.179; or
b. The proposed business subsidy must improve public infrastructure or public facilities,
including without limitation streets, sewers, storm sewers, streets, parks, recreational
facilities, and other City facilities; or
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 7 of 9
c. The proposed business subsidy must remove physical impediments to development of land,
including without limitation poor soils, bedrock conditions, steep slopes, or similar
geotechnical problems.
The above requirements must be expressed as specific, measurable and tangible goals in each
business subsidy agreement. The job and wage goals that would otherwise be required may be
set at zero.
7. FIVE YEAR RULE
Each recipient of a business subsidy must agree to continue operation within the City for a
minimum of five years after the benefit date. After a public hearing, the grantor may authorize the
recipient to move outside the City within the five-year period.
8. OTHER APPLICABLE POLICIES
Each business subsidy will be evaluated against the criteria in this policy but also against other
applicable City or EDA policies including, but not limited to, the Tax Increment Financing Policy,
the Development Fund Policy and the Economic Development Strategic Plan for Housing and
Business.
9. FAILURE TO MEET SPECIFIED GOALS
Each business subsidy agreement will require a recipient failing to meet the specified goals by the
specified date to pay back the assistance plus interest to the grantor, or at the grantor’s request, to
the account created under Minnesota Statutes, Section 116J.551. Any repayment may be prorated
to reflect partial fulfillment of goals. The interest rate must be set at no less than the implicit
deflator as defined by section 116J.994, subd. 6. The grantor may, after a public hearing, extend
the period for meeting job and wage goals for up to one year. The grantor may extend the period
for meeting any other goals for any period specified by the grantor, by documenting in writing the
reason for the extension and filing that explanation with the Department of Trade and Economic
Development along with the grantor’s next annual report on business subsidies.
10. DEVIATION FROM POLICY
When granting a business subsidy, the grantor may deviate from the criteria in this Policy by
documenting in writing the reason for the deviation and filing that explanation with the Department
of Trade and Economic Development along with the grantor’s next annual report on business
subsidies. The grantor will not approve a deviation from these criteria unless the applicant
provides a written request describing why the deviation is needed to permit the proposed project to
proceed, and the grantor determines in its sole discretion that such deviation is reasonable and
necessary.
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 8 of 9
11. COMPLIANCE AND REPORTING REQUIREMENTS
a. Any subsidy granted by the City and EDA may be subject to the requirement of a public
hearing, if necessary, and must be approved by the City and EDA.
b. It will be necessary for both the recipient and the EDA to comply with the reporting and
monitoring requirements of the Act.
12. RIGHT TO MODIFY POLICY
The City and EDA reserve the right to modify this Policy from time to time in accordance with the
procedures of the Act. Amendments to this Policy are subject to public hearing requirements
pursuant to Minnesota Statutes, Sections 116J.993 through 116J.995.
St. Louis Park City Council Agenda
Item: 040703 - 6a - Business Subsidy
Page 9 of 9
CURRENT POLICY
yCITY OF ST. LOUIS PARK
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
BUSINESS SUBSIDY POLICY
This Policy is adopted for purposes of the business subsidies act (the “Act”), Minnesota Statutes,
Sections 116J.993 through 116J.995. Terms used in this Policy are intended to have the same
meanings as if used in the Act, and this Policy shall apply only with respect to subsidies granted under
the Act if and to the extent required thereby.
The City of St. Louis Park and St. Louis Park Economic Development Authority maintain several
policy documents which speak to the general goals and objectives for the provision of public assistance
for private development or redevelopment activities. These documents include, but are not limited to:
The Economic Development Strategic Plan for Housing and Business, the Development Fund Policy,
Tax Increment Financing Policy and Vision St. Louis Park. While it is recognized that the creation of
good paying jobs is a desirable goal which benefits the community, the City of St. Louis Park
recognizes that the redevelopment of polluted, blighted and/or underutilized property and the provision
of access to goods, services and housing options are equally important public purposes.
With respect to subsidies, the determination of the number of jobs to be created and the wage levels
thereof shall be guided by the following principles and criteria:
• Each project shall be evaluated on a case by case basis, recognizing its importance and benefit to
the community from all perspectives, including created or retained employment positions and other
policy objectives of the City of St. Louis Park.
• In cases where the objective is the retention of existing jobs, the recipient of the subsidy shall be
required to provide reasonably demonstrable evidence that the loss of those jobs is imminent.
• The setting of wage and job goals must be sensitive to prevailing wage rates, local economic
conditions, external economic forces over which neither the grantor nor the recipient of the subsidy
has control, the individual financial resources of the recipient and the competitive environment in
which the recipient’s business exists.
• Each project shall not only be evaluated against the Business Subsidy Policy but also against other
applicable City or Economic Development Authority policies. These policies are the Tax
Increment Financing Policy, Development Fund Policy, and the Economic Development Strategic
Plan for Housing and Business.
• Because it is not possible to anticipate every type of project which may in its context and time
present desirable community building or preservation goals and objectives, the governing body
must retain the right in its discretion to approve projects and subsidies which may vary from the
principles and criteria of this Policy.
St. Louis Park City Council Agenda
Item: 040703 - 8a - Adopt State Building Code
Page 1 of 6
8a. First reading of an ordinance adopting optional chapters of the Minnesota State
Building Code and establishing an administrative fee when refunding permit fees.
Changes to the Minnesota State Building Code necessitate amending sections of
Chapter 6, Buildings and Building Regulations, regarding fire suppression sprinkler
systems and fee refunds.
Recommended
Action:
Motion to adopt first reading of an ordinance adopting optional
chapters of the Minnesota Building Code and set second reading for
April 21st, 2003.
Background: Minnesota Statue requires that the City adopt and administer the Minnesota State
Building Code (MSBC). On March 31, 2003 a new State Building Code went into effect with
significant revisions. This action was precipitated by the merging of three National Model
Building Code agencies into one organization called the International Code Council. The
Uniform Building Code, which was previously used by the State, has been replaced with the
International Building Code. State Code language and section changes have resulted in our City
Code becoming inaccurate.
Analysis: Municipalities are only permitted to determine local permit fees and decide whether to
adopt the optional provisions of the MSBC. The proposed ordinance amendments are intended
to maintain current practice and requirements similar to what the City has previously adopted.
1) Refunds: The Uniform Building Code had provisions addressing refund requests for
issued permits. These provisions are not included in the new International Building
Code, therefore an amendment has been developed for Section 6-33 that would apply to
all types of permits issued under the State Building Code. After permits are issued, either
the homeowner or contractor may decide not to begin the work. The proposal would
allow a permit holder to cancel an issued permit and request a refund of the permit fee if
work has not begun. An administration charge of 20% of the permit fee, up to a
maximum of $100.00, would be retained by the City to cover the administrative cost
incurred during issuing the original permit, canceling the permit, and processing the
refund check.
2) Optional chapters: The MSBC allows municipalities to adopt optional chapters of the
code regarding installation of fire sprinkler systems and flood proofing. Only Chapter
1306 for fire sprinkler systems has undergone some language and organization changes.
Chapter 1335 for floodproofing of buildings is unchanged and remains in effect.
Chapter 1306 adds the installation of fire sprinkler systems into buildings of smaller size
and construction type that may not be otherwise required by a main body of code. It also
extends sprinkler requirements into other types of occupancy groups. The reason for
these additional provisions is to allow municipal fire departments to focus more on the
use of prevention and automatic fire suppression in their operations rather than staffing to
St. Louis Park City Council Agenda
Item: 040703 - 8a - Adopt State Building Code
Page 2 of 6
accommodate larger fire scenarios. Because these provisions have often applied to
modification or expansion of existing buildings, the City has been offering a special
assessment program to assist businesses with the cost of installing fire suppression
systems. This program has been used by a number of businesses in the city over the past
years. The program fund balance is stable and remains available for future use.
Proposed adoption of Chapter 1306 with Subpart 2 and option E1 (attached for review)
will keep the requirements as similar to the previous version as possible. However, in
some instances the new chapter requirements will extend sprinkler protection into row
style townhomes that may now not be protected. In recent years this type of building has
been constructed within the city, therefore any impact from this more restricted provision
is probably negligible.
Recommendation: Staff recommends adoption of the proposed ordinance to maintain a clear
and accurate adoption of the MSBC. The optional chapter adoption is consistent with previous
practice and in the best interest of safety within the City.
Attachments: Proposed Ordinance
MN. Rules Chapter 1306
Prepared By: Brian Hoffman, Director of Inspections
Luke Stemmer, Fire Chief
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 8a - Adopt State Building Code
Page 3 of 6
ORDINANCE NO.
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE CHAPTER 6: BUILDINGS AND
BUILDING REGULATIONS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The St. Louis Park Ordinance Code, Chapter 6 is hereby amended as follows:
ARTICLE II. PERMITS AND INSPECTIONS
Sec. 6-33. Refunds.
No part of the fee paid for any permit shall be refunded except as otherwise provided in this
chapter or by state law. Permit fee refunds will be made only upon written cancellation of a
permit by the permit holder within 180 days of permit issance provided no work authorized by
the permit has occurred. The City shall retain an administrative fee equal to 20% of the permit
fee up to a maximum of $100. Plan review fees are not refundable.
ARTICLE III. BUILDING CODE
Sec. 6-66. Minnesota State Building Code.
(a) Adopted. The Minnesota State Building Code, established pursuant to M.S.A. §§
16B.59--16B.75, is adopted in its entirety, as amended, as the building code for the city.
The code is incorporated in this Code as if fully set out in this section.
(b) Optional chapters adopted. As authorized by M.S.A. § 16B.61, the following optional
chapters of the Minnesota Rules are adopted:
(1) Minnesota Rules Chapter 1306, Special Fire Protection Systems with option 8a.
selection of Section 1306.0020 Municipal Option, Subp. 2 and Section 1306.0030
Requirements, option E.1.
(2) Minnesota Rules Chapter 1335, Floodproofing Regulations, parts
1335.0600--1335.1200.
(c) Application, administration and enforcement. The application, administration and
enforcement of the state building code shall be in accordance with Minnesota Rules, Part
1300.2100, and as modified by Chapter 1305. Chapter 1300.
St. Louis Park City Council Agenda
Item: 040703 - 8a - Adopt State Building Code
Page 4 of 6
(d) Violations. A violation of the state building code is a misdemeanor.
Section 2. This ordinance shall take effect 15 days after its publication.
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 040703 - 8a - Adopt State Building Code
Page 5 of 6
(Attachment)
CHAPTER 1306
DEPARTMENT OF ADMINISTRATION
MINNESOTA STATE BUILDING CODE
SPECIAL FIRE PROTECTION SYSTEMS
1306.0010 SPECIAL FIRE PROTECTION SYSTEMS (OPTIONAL).
1306.0010 SPECIAL FIRE PROTECTION SYSTEMS (OPTIONAL).
1306.0010 GENERAL.
This chapter authorizes optional provisions for the installation of on-premises fire suppression
systems that may be adopted by a municipality in addition to the State Building Code. If the
municipality adopts them, the sprinkler system requirements of this chapter become part of the
State Building Code and are applicable throughout the municipality. This chapter, if adopted,
must be adopted without amendment.
1306.0020 MUNICIPAL OPTION.
Subpart 1. Requirement. The sprinkler system requirements of this chapter, if adopted, must
be adopted with the selection of either subpart 2 or 3, without amendment.
Subp. 2. Existing and new buildings. Automatic sprinkler systems for new buildings,
buildings increased in total floor area (including the existing building), or buildings in which
the occupancy classification has changed, must be installed and maintained in operational
condition within the structure. The requirements of this subpart apply to structures that fall
within the occupancy classifications established in part 1306.0030, items A to E.
Exceptions:
1. The floor area of minor additions that do not increase the occupant load does not have to be
figured into the square footage for occupancy classifications established in part 1306.0030,
items A to E.
2. The existing portion of R-2 apartment occupancies, attached R-3 occupancies, and attached
townhomes is not required to be sprinklered under this chapter.
Subp. 3. New buildings. Automatic sprinkler systems for new buildings, additions to existing
buildings, or buildings in which the occupancy classification has changed must be installed and
maintained in operational condition within the structure. The requirements of this subpart apply
to structures that fall within the occupancy classifications established in part 1306.0030, items
A to E.
Exception: The floor area of minor additions that do not increase the occupant load does not
have to be figured into the square footage for occupancy classifications established in part
1306.0030, items A to E.
1306.0030 REQUIREMENTS.
St. Louis Park City Council Agenda
Item: 040703 - 8a - Adopt State Building Code
Page 6 of 6
For purposes of this chapter, area separation, fire barriers, or fire walls do not establish separate
buildings. Gross square footage (gsf) means the floor area as defined in the International
Building Code. The floor area requirements established in items A to E are based on the gross
square footage of the entire building and establish thresholds for these requirements. The
following occupancy groups must comply with sprinkler requirements of this chapter, unless
specified otherwise:
A. Group A-1, A-2, A-3, and A-4 occupancies;
B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of floor area or with
three or more stories in height;
C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or more
stories in height;
D. Group E day care occupancies with an occupant load of 30 or more;
E. Optional occupancy group-municipality may choose option 1 or option 2.
1. Group R-1 and R-2 occupancies with 8,500 or more gross square feet of floor area or
dwelling units or guestrooms on three or more floors; and attached R-3 occupancies and
attached townhouses built to the International Residential Code with 8,500 or more gross
square feet of floor area. All floors, basements, and garages are included in this floor area
threshold.
2. Attached R-3 occupancies and attached townhouses built to the International Residential
Code with more than 16 dwelling units or more than three stories in height.
1306.0040 STANDARD.
Automatic sprinkler systems must comply with the applicable standard referenced in the State
Building Code. If a public water supply is not available, the building official and fire chief shall
approve the use of an alternate on-site source of water if the alternate source provides
protection that is comparable to that provided by a public water supply. If an adequate alternate
water supply sufficient for hose stream requirements is provided or available, the building
official and fire chief may permit the water supply requirements for the hose stream demands to
be modified.
1306.0050 SUBSTITUTE CONSTRUCTION.
The installation of an automatic sprinkler system, as required by this chapter, would still allow
the substitution of one-hour fire-resistive construction as permitted by the International
Building Code, Table 601, footnote d.
1306.0060 EXEMPTION.
The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the
application of water has been demonstrated to constitute a serious life, fire, or environmental hazard, or if the
building does not have an adequate water supply and the building is surrounded by public ways or yards more than
60 feet wide on all sides.
1306.0070 REPORTING.
A municipality must submit a copy of the ordinance adopting this chapter to the Department of
Administration, Building Codes and Standards Division, within 15 days of its adoption.
REPEALER. Minnesota Rules, part 1306.0100, is repealed.
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 1 of 8
8b. Request of TOLD Development Company for an amendment to the
Comprehensive Plan to change the eastern 40 feet of the Commercial Mixed-
Use land use designation along Grand Way from Commercial Mixed-Use to
High-Density Residential; and First Reading of an ordinance to change the
Zoning of the same 40 feet from M-X Mixed-Use to R-C High-Density
Residential for: Phase II of Excelsior & Grand (Phase NE, Park Commons
East). Case Nos. 03-10-CP and 03-11-Z
Outlots D and E, Park Commons East (northeast corner of Park Commons Drive
and Grand Way).
Recommended
Actions:
Motion to adopt a resolution approving the Comprehensive Plan
amendment to change the eastern 40 feet of the Commercial
Mixed-Use land use designation to High-Density Residential
subject to Metropolitan Council, approve summary and authorize
publication.
Motion to approve First Reading of an ordinance to rezone the
eastern 40 feet of the M-X Mixed-Use District to R-C High-
Density Residential subject to approval of the Comprehensive
Plan amendment and to set Second Reading for April 21, 2003.
Background:
In September, 1999 the Comprehensive Plan 2000-2020 became effective. The Comprehensive
Plan included Mixed-Use, High-Density Residential, and Park land use designations to
accommodate the redevelopment of the Park Commons East area. A redevelopment concept
plan was also adopted into the Redevelopment Chapter of the Comprehensive Plan. On
December 4, 2000, the City Council amended the land use designations to accommodate
TOLD’s concept plan for redevelopment of the 16-acre area. The Metropolitan Council
approved the amendments on December 13, 2000 (see attached Existing Comprehensive Plan
map). On January 16, 2001, the City Council approved the rezoning to be consistent with the
Comprehensive Plan. The areas shown on the Existing Comprehensive Plan map as Commercial
Mixed-Use were zoned M-X Mixed-Use and the areas shown as High-Density Residential were
zoned R-C High-Density Residential.
On June 4, 2001, the City Council approved TOLD’s Preliminary Plat and PUD with variances
to construct up to 660 housing units (of which at least 35 had to be owner-occupied), 37,500
square feet of office and 82,200 square feet of retail in a phased project subject to certain
conditions of approval. On July 23, 2001, the City Council approved the Final Plat and PUD for
Phase I to include up to 350 apartment units and 63,000 square feet of retail/restaurants in 4-
story buildings with above- and below-ground structured parking. Phase I approvals also
included construction of the entire town green and all of the new streets. At that time, Phase II
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 2 of 8
was known as Phase NE, and it was approved in concept only. All subsequent phases were
required to obtain Preliminary and Final PUD and Plat approval prior to construction.
Phase II concept approval included approximately 6,000 sq. ft. of retail space along the town
green (Grand Way), 79 units of rental housing, and at least 35 units of owner occupied housing
in four story buildings (the owner-occupied housing was described as “stacked townhomes”).
Some of the owner-occupied units could be provided on a subsequent phase, if necessary. The
Phase II buildings were expected to be four stories in height with underground resident parking.
On-street parking and the Phase I ramps were expected to accommodate the additional retail.
Commercial Mixed-Use Designation, Redevelopment Plan, and M-X Zoning: The Commercial
Mixed-Use Comprehensive Plan designation states that a mixing of uses including commercial is
required for every development parcel. Taller buildings may be appropriate in some areas, and
maximum residential densities of 75 units per acre are permitted. The only zoning designation
that mandates a mixing of uses including commercial and allows residential densities of up to 75
units per acre is the M-X Mixed Use District. Therefore, all of the areas designated Commercial
Mixed-Use are zoned M-X. The Park Commons redevelopment concept plan for Phase II shows
the Mixed-Use areas as including vertical mixed-use buildings with at least 50% ground floor
retail/service as required by the M-X District and upper story residential. Building heights north
of Park Commons Drive were originally expected to be 6-8 stories. However, the PUD concept
plan showed building heights of 4 stories in the Phase II area with 7 stories on the future phase to
the west.
High-Density Residential Designation, Redevelopment Plan, and R-C Zoning: The High-
Density Residential Comprehensive Plan designation states that it is intended for higher density,
compact urban residential development including high rise apartments. It allows for maximum
densities of up to 75 units per acre by PUD if within 1000 feet of a park. Three- to four-story
buildings are appropriate in some areas with six to eight story and even taller high-rises
acceptable in others. As noted, the adopted redevelopment concept plan calls for 6-8 stories
north of Park Commons Drive, but the PUD concept plan showed 4 story heights on Phase II.
The only residential zoning district that allows taller buildings and densities as high as 75 units
per acre by PUD is the R-C High-Density Residential District. Therefore, all areas designated
High Density Residential are zoned R-C.
Current Proposal
Although the plans are still preliminary and subject to refinement, TOLD is now proposing
approximately 114 units of owner-occupied housing, no rental housing, and approximately 4,500
sq. ft. of retail space in Phase II. The reduction in retail space is due to shallower retail bay
depths than Phase I. This market-driven change results in the need to amend the Comprehensive
Plan and zoning for the Phase II property to reduce the depth of the Mixed Use land use
designation and zoning along Grand Way. In addition to City approval, the Metropolitan
Council must approve all Comprehensive Plan amendments (see attached maps for existing and
proposed Comprehensive Plan designations).
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 3 of 8
Due to the change to all condominiums, one contiguous Phase II building is now proposed.
However, the building and underground parking will likely be constructed in two stages. The
building is still proposed to be four stories in height. Most of the units are expected to be
condominium flats. However, about six two-level units are proposed along Park Commons
Drive. Those units as well as the condominium flats along Wolfe Parkway are expected to have
individual exterior entrance stoops similar to the apartments on the south side of Park Commons
Drive. Assuming the public process can be accommodated, the developer is anticipating
commencing Phase II construction in August of this year.
Public Process:
A neighborhood Open House to informally review the Phase II proposal was held at the
Excelsior & Grand Community Room on March 11, 2003. Comments were generally very
positive.
The Planning Commission held a public hearing on March 19, 2002 to consider the requests. No
one from the public attended. The Planning Commission recommended approval of both the
Comprehensive Plan amendment and rezoning on a vote of 7-0.
In addition to the Comprehensive Plan and zoning amendments, the proposal will also require
future Preliminary and Final PUD and Plat approvals. The PUD/Plat approvals will require at
least one additional public hearing at the Planning Commission.
Issues:
Ø Is the proposed reduction in the size of the Mixed-Use designation and zoning consistent
with Comprehensive Plan policies?
Ø Is the proposed change from a mix of rental and owner-occupied housing to all owner-
occupied housing consistent with Comprehensive Plan policies?
Ø Is the proposal consistent with the approved concept for “stacked townhomes”?
Analysis of Issues:
Ø Is the proposed reduction in the size of the Mixed-Use designation and zoning consistent
with Comprehensive Plan policies?
The intent of the Mixed-Use designation and zoning along the town green was to ensure an
active, public street level environment. Since the entire length of the town green is still proposed
to be bordered by the Mixed-Use designation and zoning, staff does not believe the shallower
depth of the retail spaces adversely effects that goal. Therefore, staff and the Planning
Commission believe the proposed amendment is consistent with the Comprehensive Plan
policies for the area.
Ø Is the proposed change from a mix of rental and owner-occupied housing to all owner-
occupied housing consistent with Comprehensive Plan policies?
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 4 of 8
Staff believes the change from a mix of rental and owner-occupied housing to all owner-
occupied housing for Phase II is in keeping with the goal of maintaining a healthy balance
between the two and providing a diversity of housing opportunities in the area. There has been a
substantial demand for owner-occupied housing in this area. Since Phase I is all rental housing,
staff and the Planning Commission believe the proposed change for Phase II is consistent with
Comprehensive Plan policies.
Ø Is the proposal consistent with the concept approval for stacked townhomes?
Staff believes the intent of the “stacked townhome” language in the concept approval is to
provide individual street-level entrances with stoops as well as some two-story units. The stoops
help provide a sense of neighborhood, and the two-level units help accommodate a variety of
housing desires. Although the two-level units appeal to some prospective buyers, there is also a
substantial demand for one-level living, due in large part to the aging population. As long as
individual entrance stoops and some two-level units are accommodated, staff and the Planning
Commission believe the proposal is consistent with the concept approval.
Recommendation:
Staff and the Planning Commission recommend approval of the Comprehensive Plan amendment
and rezoning subject to approval of the Comprehensive Plan amendments by the City Council
and Metropolitan Council.
Attachments:
Ø Existing Comprehensive Plan Land Use Map
Ø Proposed Comprehensive Plan Land Use Map
Ø Proposed Comprehensive Plan Resolution
Ø Proposed Summary Resolution for Publication
Ø Proposed Rezoning Ordinance
Prepared By: Janet Jeremiah, Planning & Zoning Supervisor
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 5 of 8
RESOLUTION NO.03-037
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
Northeast corner of Park Commons Drive and Grand Way
WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on
May 17, 1999 (effective September 1, 1999) and provides the following:
1. An official statement serving as the basic guide in making land use, transportation and
community facilities and service decisions affecting the City.
2. A framework for policies and actions leading to the improvement of the physical,
financial, and social environment of the City, thereby providing a good place to live and work
and a setting conducive for new development.
3. A promotion of the public interest in establishing a more functional, healthful,
interesting, and efficient community by serving the interests of the community at large rather
than the interests of individual or special groups within the community if their interests are at
variance with the public interest.
4. An effective framework for direction and coordination of activities affecting the
development and preservation of the community.
5. Treatment of the entire community as one ecosystem and to inject long range
considerations into determinations affecting short-range action, and
WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and
more economical environment for residential, commercial, industrial, and public activities and
will promote the public health, safety, and general welfare, and
WHEREAS, said Plan will prepare the community for anticipated desirable change,
thereby bringing about significant savings in both private and public expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities
of adjacent units of government, and
WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning
Commission of the City of St. Louis Park and amendments made, if justified according to
procedures, rules, and laws, and provided such amendments would provide a positive result and
are consistent with other provisions in the Comprehensive Plan, and
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 6 of 8
WHEREAS, the Planning Commission of the City of St. Louis Park recommended
adoption of an amendment to the Comprehensive Plan 2000-2020 on March 19, 2003, based on
statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the
interests of citizens and public agencies;
NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the
Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is
hereby amended as follows:
Change the land use designation of the eastern 40 feet of the Commercial Mixed-Use
land use designation to High-Density Residential on the property shown on attached map.
Reviewed for Administration: Adopted by the City Council April 7, 2003
Contingent upon approval of the Metropolitan
Council
City Manager Mayor
Attest:
City Clerk
03-10-CP:N/res-ord
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 7 of 8
SUMMARY
RESOLUTION NO. 03-037
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
Northeast corner of Park Commons Drive and Grand Way
This resolution states that the eastern 40 feet of the Commercial Mixed-Use land use designation
at the northeast corner of Park Commons Drive and Grand Way be changed to High-Density
Residential.
Adopted by the City Council
Contingent upon approval of the Metropolitan Council
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this resolution is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: April 17, 2003
03-10-CPsum:N/res-ord
St. Louis Park City Council Agenda
Item: 040703 - 8b - Excelsior and Grand Comp Plan Amend.
Page 8 of 8
ORDINANCE NO.__________
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
CHANGING BOUNDARIES OF ZONING DISTRICTS
Northeast corner of Park Commons Drive and Grand Way
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959,
Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December
17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by
changing the zoning district boundaries by reclassifying the following described lands from their
existing land use district classification to the new land use district classification as indicated for
the tract as hereinafter set forth, to wit:
Outlots D and E, Park Commons East
The eastern 40 feet of the M-X Mixed-Use District to R-C High-Density Residential.
Section 2. The ordinance shall take effect upon Metropolitan Council approval of
associated Comprehensive Plan amendment or fifteen days after publication, whichever is later.
Adopted by the City Council April 21, 2003
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
N:res-ord/03-11-Z
St. Louis Park City Council Agenda
Item: 040703 - 8c - Conceal & Carry Report
Page 1 of 3
8c. Resolution To Oppose Conceal/Carry Legislation
This resolution opposes conceal/carry legislation which is under consideration by the
State legislature.
Recommended
Action:
Motion to adopt attached resolution as presented.
Background:
The personal protection or conceal/carry legislation has been under consideration by the State
legislature for several years. There are currently several versions of this legislation under
consideration and Councilmember Sanger has requested that the St. Louis Park City Council
consider a resolution in opposition to this legislation in any of its forms.
Issues:
There are several important considerations, which must be examined in evaluating the current
law versus the proposed variations of concealed carry:
1. The proposed legislation removes local standards and knowledge from the equation and
replaces them with a "shall issue" mandate.
2. Proposed changes to the current law are opposed by the Minnesota Chiefs of Police
Association, Minnesota Sheriffs Association and the Minnesota Police and Peace Officers
Association. These organizations represent nearly all of the approximately 7,000 licensed
peace officers in the State of Minnesota.
3. The "shall issue" legislation creates a different environment for the use of deadly force in
public using firearms. Police recruits are subject to rigorous background, medical and
psychological evaluations. Police officers receive ongoing classroom and tactical use of
force training throughout their careers. These considerations and requirements will not be
replicated in conjunction with pending "shall issue" legislation. However, the recipients of
"shall issue" will be carrying firearms in public, which can only serve one purpose, and that
purpose is deadly force.
Recommendation:
Recommended action is to adopt attached resolution.
Attachments: Resolution to Oppose Conceal/Carry Legislation
Prepared By: John D. Luse, Chief of Police
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 040703 - 8c - Conceal & Carry Report
Page 2 of 3
RESOLUTION NO. 03-038
RESOLUTION OPPOSING THE PASSAGE OF
HOUSE FILE 261 AND SENATE FILE 222 CONCERNING
THE ISSUANCE OF PERMITS TO CARRY CONCEALED PISTOLS IN PUBLIC
WHEREAS, the City Council of the City of St. Louis Park is the official governing body
of the City of St. Louis Park;
WHEREAS, House File 261 and Senate File 222 which seeks to amend Minnesota
Statute Section 624.713 dealing with permits to carry concealed pistols in public are currently
under consideration before the Minnesota Legislature; and
WHEREAS, the City Council has reviewed House File 261 and Senate File 222 and
discussed the implications of the proposed changes they make upon the process of issuing
permits to carry concealed pistols in public.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, that the City Council supports the retention of the current law concerning the issuance of
permits to carry concealed pistols in public;
BE IT FURTHER RESOLVED that the City Council opposes the passage of House File
261 and Senate File 222, or other legislation with similar goals, based upon the following
concerns:
• The shift in presumption from "may" to "will" that occurs from the elimination of conditions
for issuance of a permit to carry a pistol in public, the burden of proof imposed upon the
issuing authority to sustain the denial of a permit to carry a pistol in public, the potential
liability for costs and disbursements associated with legal challenges to denials of permits to
carry a pistol in public and the limits upon information which may be considered upon any
denial of a permit to carry a pistol in public;
• The change from the chief of police of the municipalities to the county sheriff as the issuing
authority;
• The limited information required with an application for a permit to carry a pistol in public
and the reduction from twenty one (21) days to fifteen (15) days to conduct an investigation
prior to the issuance or non-issuance of a permit to carry a pistol in public;
• The potential issuance of so-called “emergency” permits, which would not require any prior
check of applicants’ criminal history or completion of weapons safety training, upon request
of applicant;
• The too lenient penalty of a petty misdemeanor for carrying a firearm on school property;
St. Louis Park City Council Agenda
Item: 040703 - 8c - Conceal & Carry Report
Page 3 of 3
• The too lenient penalty of a petty misdemeanor for carrying a pistol with an alcohol
concentration of less than .10 but more than .04;
• The issuance of permits to carry pistols in public to non-residents; and
• The lack of provision for public and/or private entities to regulate the carrying of pistols in
certain locations, including but not limited to workplaces, public buildings and parks, etc.;
• The City of St. Louis Park is a “Children First” community. Legislation which facilitates
conflict resolution via use of weapons is contrary to our community’s efforts to teach
children to resolve disputes via more peaceful and constructive methods.
Reviewed for Administration: Adopted by the City Council April 7th, 2003
City Manager Mayor
Attest:
City Clerk