HomeMy WebLinkAbout2003/04/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 21, 2003
7:30 p.m.
7:00 p.m. – Board of Equalization – Council Chambers
7:25 p.m. – Economic Development Authority – Council Chambers
Study Session Immediately following meeting – Westwood Room
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of April 7, 2003 Document
b. City Council Special Study Session minutes of April 7, 2003 Document
c. City Council Special Study Session Minutes of March 17, 2003 Document
d. Housing Summit Minutes of April 14, 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. Case No. 03-01-VAR: Walser Ford Document
Public hearing to consider Walser Ford's appeal of the Board of Zoning Appeals
decision to deny a variance from the requirements of Section 36-362(f)(20) of the
ordinance code to allow more sign area than allowed by code for the property located
at 3555 Hwy 100.
Recommended
Action:
Mayor to close the public hearing. Motion to uphold the
decision of the Board of Zoning Appeals to deny Walser Ford's
application for a variance to section 36-362(f)(20) of the
ordinance code to allow more sign area than allowed by code for
the property located at 3555 Hwy 100.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Labor Agreement with Firefighters for 1/1/03 through 12/31/03 Document
A 1-year agreement for Firefighters and Fire Lieutenants was reached settling the
City and Union for 2003.
Recommended
Action:
It is recommended that the City Council adopt the attached
resolution approving a Labor Agreement between the City and
International Association of Firefighters Local 993, establishing
terms and conditions of employment for one year: 1/1/03 –
12/31/03.
8b. Sale of $4,145,000 General Obligation Bonds, Series 2003A Document
This action will award the sale of $4,145,000 General Obligation Bonds. The
proceeds of the bond sale will be used to fund trails, parks, and other recreational
improvements in the City.
Recommen
ded Action:
Motion to adopt resolution awarding the sale of bonds
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 21, 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 adopt second reading of an ordinance adopting optional chapters of the
Minnesota Building Code to become effective 15 days following publication Document
4b Motion to adopt a resolution approving the 2003 neighborhood revitalization grants for
21 neighborhoods and authorizing the City Manager to execute grant agreements with
each neighborhood Document
4c Motion to approve Second Reading and adopt an ordinance rezoning the eastern 40 feet
of the M-X Mixed-Use District at the northeast quadrant of Park Commons Drive and
Grand Way to R-C High-Density Residential subject to approval of the Comprehensive
Plan amendment by the Metropolitan Council, approve the summary ordinance, and
authorize publication
Case No. 03-11-Z Document
4d Motion to adopt the attached resolution for alley paving the 2700 block between Raleigh
and Salem Avenues that accepts the report, establishes the Improvement Project, directs
staff to sponsor an informational meeting with abutting property owners, and sets a
Public Hearing and Assessment Hearing date of May 19, 2003 Document
4e Motion to accept the Board of Zoning Appeals Minutes of February 27, 2003 Document
4f Motion to accept the Housing Authority Minutes of March 12, 2003 Document
4g Motion to accept Vendor Claims for filing (Supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
April 21, 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”.
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 1 of 7
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 7, 2003
1. Call to Order
Mayor Jacobs called the meeting to order at 7:36 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);
Community Development Director (Mr. Harmening); Economic Development
Director (Mr. Hunt); Director of Inspections (Mr. Hoffman); Police Chief (Mr.
Luse); Planning and Zoning Supervisor (Ms. Jeremiah); and Recording Secretary
(Ms. Samson).
2. Presentations
2a. Peggy Leppik from Metropolitan Council
Peggy Leppik, District 6 Councilmember of the Metropolitan Council, introduced
herself. Currently, Councilmember Leppik chairs the Environmental Committee
of the Metropolitan Council. Councilmember Leppik encourages individuals with
concerns or questions to contact her at the Metropolitan Council office.
2b. Caring Youth Proclamation
Mayor Jacobs read a proclamation in recognition of Caring Youth Day. The
proclamation declares April 15th as Caring Youth Day in St. Louis Park.
2c. National Telecommunicator’s Week
Mayor Jacobs read a proclamation in recognition of National Telecommunicator’s
Week for April 12-18, 2003. The proclamation recognizes public safety
dispatchers. Chief Luse introduced three of the ten St. Louis Park-Golden Valley
dispatchers who were present for the presentation of the proclamation, and they
are Crystal Pass, Tara Larson, and Andy Willebring.
3. Approval of Minutes
3a. City Council Minutes of March 17, 2003
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 2 of 7
From Councilmember Sanger: Item 7f, Page 9, Paragraph 5, Line 4: congestion
on west side site resolved should be congestion at Westside Volkswagen site
resolved.
The minutes were approved as amended.
3b. City Council Study Session Minutes of March 10, 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 Ordinance No. 2236-03 to enter into a natural gas utility franchise
agreement with CenterPoint Energy Minnegasco Resources Corporation and to
authorize publication of the ordinance summary.
4b Approve Ordinance No. 2237-03 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
4c Approve Ordinance No. 2238-03 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.
4d Approve Ordinance No. 2239-03 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.
4e Adopt Resolution No. 03-039 which provides support for improved funding
options for City street improvements
4f Approve notification to the LMCIT that the City Council does not waive the
municipal tort liability limits
4g Authorize execution of an agreement and adopt reimbursement Resolution No.
03-040 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
4h Authorize execution of an agreement and adopt reimbursement Resolution No.
03-041 for purchase of Rec Center west arena bleacher replacement materials
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 3 of 7
with Becker Arena Products, Inc. in an amount not to exceed $45,843.00
including tax
4i 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
4j 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
4k 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
4l Accept for filing the Planning Commission Minutes of February 19, 2003
4m Accept for filing the Housing Authority Minutes of February 12, 2003
4n Moved to the Regular Agenda as Item 8d
4o Accept and file vendor claims
4p Accept for filing the Planning Commission Minutes of March 12, 2003
4q Accept for filing the Planning Commission Minutes of March 19, 2003
Councilmember Nelson requested that Consent Agenda Item 4n be moved to the
Regular Agenda as Item 8d.
It was moved by Councilmember Nelson, seconded by Councilmember Velick, to
approve the Agenda and items listed on the Consent Calendar as amended.
The motion passed 7-0.
5. Boards and Commissions: None
6. Public Hearings
6a. Amended Business Subsidy Policy
This report considers the adoption of an amended Business Subsidy Policy by the
St. Louis Park City Council. (For discussion of this item, see the Economic
Development Authority minutes of April 7, 2003).
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor
Jacobs closed the public hearing.
It was moved by Councilmember Nelson, seconded by Councilmember Velick, to
adopt the amended Business Subsidy Policy for the City of St. Louis Park.
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 4 of 7
The motion passed 7-0.
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
Director of Inspections Brian Hoffman reported on changes to the Minnesota
State Building Code, which will require amending sections of Chapter 6 in order
to keep the City Code accurate and consistent with the State Building Code. Mr.
Hoffman said some of the changes are in regard to the refund policy, i.e., the City
will retain 20% of a permit fee to cover administrative costs if a permit is
cancelled. There are also changes to the provisions of the fire suppression
sprinkler systems and fee refunds, i.e., the changes will effect existing buildings
that are being totally remodeled due to a change in occupancy or are being added
onto, as well as new construction, and it sets the requirement for a fire sprinkler
system lower than what the main body of the Code does to facilitate the City’s
commitment to fire containment and prevention through an automated sprinkler
system. Mr. Hoffman said the language for this provision has been changed due
to occupancy classifications and the adoption of various sections has changed.
The City has a program for assisting business owners with the installation of fire
sprinkler systems in existing buildings, and a fund continues to be available for
that.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to
adopt first reading of an ordinance adopting optional chapters of the Minnesota
Building Code and set second reading for April 21st, 2003.
The motion passed 7-0.
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. Resolution No. 03-037
Planning and Zoning Supervisor Janet Jeremiah presented a report on TOLD
Development Company’s request. Ms. Jeremiah said TOLD is now proposing
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 5 of 7
about 114 units of owner occupied housing—no rental housing—and about 4,500
square feet of retail on the ground floor along the Town Green area. Ms.
Jeremiah said the reason for the reduction in retail square footage is that the depth
of the retail base, the distance from Grand Way towards the east, will be
shallower than what was seen in Phase I; it is a market-driven change. She said
the prospective retail tenants would like to have greater frontage on the Town
Green rather than deeper space. TOLD’s request for the change would effect the
Comprehensive Plan and the zoning ordinance.
Bob Cunningham of TOLD Development Company said the desire for the change
is to provide retailers an opportunity for a greater shop front.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to
adopt Resolution No. 03-037 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.
The motion passed 7-0.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, 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.
The motion passed 7-0.
8c. Resolution To Oppose Conceal/Carry Legislation.
Resolution No. 03-038
Councilmember Sanger said she is proposing this resolution to oppose
conceal/carry legislation because, if passed, it would permit individuals to obtain
permits to carry weapons; law enforcement would lose their discretion to decide
who should or should not have permits; and it would lead to the possibility that an
individual could carry a concealed weapon into our parks, City Hall, or Rec
Center, etc. Councilmember Sanger said it is important to retain local issuance
discretion.
Police Chief Luse said, in terms of public safety, the current legislation serves St.
Louis Park very well, and he has no indications from the community contrary to
that.
Councilmember Sanger said the intent of her resolution is to oppose any of the
concepts that would allow for individuals to receive permits to conceal or carry
guns on a much more available basis, which is stated in the resolution.
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 6 of 7
Councilmember Nelson said the current proposed bill is bad legislation;
conversely, the groups pushing for this legislation are frustrated with the
inconsistencies from one municipality to another and its enforcement; there
probably is some middle ground. He said he has no problem with the issuing
authority changing to the sheriff. Councilmember Nelson said he cannot support
Councilmember Sanger’s resolution because it goes too far but he acknowledges
the legislation has several serious flaws.
Councilmember Brimeyer said he is mortified and frighten that the legislation has
gotten as far as it has.
Councilmember Omodt thanked Councilmember Sanger for proposing the
resolution, and he totally supports the resolution. He added that it is scary
legislation. Councilmember Omodt said to have the sheriff decide who should or
should not carry would be burdensome and silly.
Councilmember Velick agrees that the legislation is scary, and it should be tossed
out. She thinks the police do a great job in our communities, so leave it that way.
It was moved by Councilmember Velick, seconded by Councilmember Sanger, to
adopt Resolution No. 03-038 as presented.
Mayor Jacobs supports Councilmember Sanger’s resolution. Mayor Jacobs said it
is frightening to think of individuals with firearms, potentially, in their cars during
rush hour.
Councilmember Santa said she is bothered by the lack of skill and knowledge that
would be required to be issued a permit. She said it is terrifying to think that
weapons would be allowed in public places such as parks, City Hall, and the Rec
Center. Councilmember Santa supports the resolution wholeheartedly.
The motion passed 6-1. (Councilmember Nelson opposed).
8d. Motion to Accept and File the Human Rights Commission Minutes of
February 19, 2003
Councilmember Nelson requested that Item 4n from the Consent Agenda be
discussed as Item 8d. According to Councilmember Nelson, the issue of the
Human Rights Commission (“HRC”) meeting minutes of February 19, 2003 is:
Who sets policy for the City of St. Louis Park? He said, as stated in the City’s
amended Charter, the City Council is elected to set policy for St. Louis Park, and
policy-making authority is not delegated to the City’s boards and commissions.
Councilmember Nelson said communicating opposition, support, legislation or
world affairs are policy statements, and that is reserved for the Council. He
St. Louis Park City Council Agenda
Item: 042103 - 3a - Council Minutes of April 7, 2003
Page 7 of 7
would like to return the February 19th minutes to the HRC and have them amend
the minutes in accordance with the City Charter, i.e., amend the two issues that
deal with legislation and world events.
Councilmember Sanger said the proper thing to do would be to vote on the
acceptance of the minutes, and perhaps a communication to the HRC with
Councilmember Nelson’s statements so that the HRC can have further discussion
regarding his statements.
Councilmember Nelson moved that motion, seconded by Councilmember Velick.
Councilmember Omodt said he attended the February 19th meeting, and he
expressed similar concerns to the HRC about who sets City policy as
Councilmember Nelson has stated tonight. Councilmember Omodt said he thinks
the HRC understood his message. He added: The HRC is respectful of the rules,
and Council should realize that as well.
The motion passed 7-0.
9. Communications
From Mayor Jacobs: Mayor Jacobs thanked those who attended the Third Annual
Youth Summit. He was pleased to see several Staff members and
Councilmembers present, and more students attended this year than last.
From Councilmember Omodt: Councilmember Omodt reported that former St.
Louis Park Mayor Jim Dahl passed away recently. Councilmember Omodt offers
his condolences to Mr. Dahl’s family and friends.
10. Adjournment
Mayor Jacobs adjourned the meeting at 8:31 p.m.
_______________________________ _________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 042103 - 3b - Study Session Minutes of Apr. 7, 2003
Page 1 of 3
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL STUDY SESSION
Minutes of April 7, 2003
The meeting convened at 8:35 p.m.
Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Susan
Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Meyer), Director of Community Development (Mr.
Harmening), Economic Development Coordinator (Mr. Hunt), Planning and Zoning Supervisor
(Ms. Jeremiah), Community Outreach Coordinator (Ms. McDonell), City Attorney (Mr. Scott),
and City Clerk (Ms. Reichert).
1. Neighborhood Grants
Ms. McDonell stated that great members comprised the Grant Review Committee this year.
Dave Raatz, grant review committee, and Robert Kusnetz, Fern Hill neighborhood, were in
attendance.
Ms. Velick stated that grant amounts and requests have increased. She inquired if cuts could be
made to funds for food as well as moonwalks that are rented. She felt more support for
programs by the neighborhoods was needed.
Councilmember Nelson was concerned about neighborhood becoming too dependent on city
funding. He felt that with the budget cuts neighborhoods need to become more self-sufficient.
Councilmember Sanger suggested inviting all the neighborhood’s leaders to a meeting to discuss
budget reductions. She would like to address the neighborhood’s needs and develop goals. She
inquired if there was different guidelines for different sized neighborhoods.
Councilmember Omodt stated that the goal is to bring neighborhood residents together and that
food is sometimes important in doing that. Councilmember Santa wanted to look at the cost of
moonwalk purchases. Mr. Meyer stated that big budget cuts were coming and to keep that in
mind. Ms. McDonell suggested that discussion could take place with the grant review committee
later in the year to discuss budget cuts.
Councilmember Brimeyer would like to have the committee develop guidelines that can applied
to each grant request. Mr. Meyer stated that the cuts this year will not be as bad as 2004 and
Council could expect more significant cuts.
Mayor Jacobs said that he trusts the neighborhoods to know what is best for them.
Councilmember Velick asked for funds to be reinstated for the postage for the Eliot
neighborhood. Council agreed. Mr. Kusnetz also asked for postage to be reinstated for the Fern
Hill neighborhood. Council agreed.
St. Louis Park City Council Agenda
Item: 042103 - 3b - Study Session Minutes of Apr. 7, 2003
Page 2 of 3
Mayor Jacobs felt they should trust the committee to make grant recommendations.
Councilmember Sanger would like to clarify the process going forward. Ms. McDonell
suggested that any neighborhoods who had appeals of the funds granted be heard by the grant
review committee. Council agreed that was a suitable process.
Mr. Meyer reviewed the Council’s discussion remarking that two additional grant requests were
approved and the process modified to allow any grant appeals to be reviewed by the grant review
committee. Also, a meeting will be held in early 2004 with the neighborhoods to discuss the
budget cuts.
2. Southwest Corner of Highway 7 and Louisiana Ave S
Mr. Hunt gave an update on the two proposals from United Properties and the condition of the
soil on the site. Mr. Harmening stated staff recommends the second scenario that would
construct three single story buildings with a total of 15, 000 square feet. He mentioned another
possibility would be to set aside the site until the market conditions change.
Councilmember Santa stated that she did not like the idea of a drive through restaurant.
Councilmember Sanger expressed her concerns regarding traffic in the area.
Councilmember Brimeyer felt that the site had poor land but that if it were to be developed he
would prefer the second scenario. Councilmembers Nelson, Santa and Velick agreed. Mr.
Meyer reported that Hennepin County would not issue a tax abatement. Mayor Jacobs would
like to pursue the second scenario as well. Mr. Harmening stated that he would pull together a
development agreement.
3. Non-conformities
Ms. Jeremiah updated the Council on the current legislation for bringing zoning non-
conformities into compliance and how that is addressed in the city’s code. Mr. Scott stated that
amortization legislation was passed in response to the litation the city went through with AVR.
He mentioned another statute that allowed non-conformities the right to continue. Ms. Jeremiah
stated that the city code for enforcing non-conformities is not in compliance with the current
statutes. She asked for Council feedback on whether to continue enforcing non-conformities and
perhaps risk a lawsuit or let the non-conformities continue. Councilmember Nelson felt that in
some cases, making businesses comply could be viewed as oppressive. Councilmember Sanger
suggested that since the changes in State laws, it may be in the city’s best interest to test the State
law. Staff stated that there were three options: to enforce, not to enforce, or to find a
compromise. Following discussion, council directed staff to seek compliance with the city’s
current ordinance.
4. Elmwood Study
Mr. Harmening reported on the two grant opportunities from Hennepin County and the
Metropolitan Council. The grant from Hennepin County could possibly be used to enlarge water
St. Louis Park City Council Agenda
Item: 042103 - 3b - Study Session Minutes of Apr. 7, 2003
Page 3 of 3
mains to accommodate future development. The Metropolitan Council grant would target
barriers to redevelopment and could possibly be used for the Quadion site. Mr. Harmening
inquired if Council would like to pursue these grants. Council briefly discussed concerns about
the neighborhood's perception of such projects. Council directed staff to move forward with the
grant application process.
5. Solid Waste Collection – Request for Proposal
Mr. Rardin explained that staff is seeking Council input on the draft request for proposal that will
be mailed out to two different haulers. He added that the goal was to enter into a contract that
will bring greater response and service to the customers.
Council discussed the current service and the response to missed garbage pick-ups.
Councilmember Sanger felt the term plastic should be replaced with “biodegradable”. She also
felt that special pick-ups for any reason should be paid for by residents as an extra service.
Councilmember Nelson agreed.
Mayor Jacobs said he was comfortable with the terms of the request for proposal and
complimented staff on a job well done. Councilmember Santa agreed. Council felt the proposed
timeline was appropriate.
6. Smoking Task Force Recommendation
Mr. Hoffman reported that the MN Department of Health has just issued new rule amendments
and the timing will work well with the task force recommendation of testing smoke levels and
disclosing those results to employees and visitor’s. He stated that the main intent was educating
the public and they will be dispensing information and receiving public input. He added that this
process could be completed in two to three months and a final ordinance would be created after
public feedback. Councilmember Sanger was concerned about providing enough opportunity for
feedback from the public.
7. Adjournment
The meeting was adjourned at 11:00 p.m.
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 042103 - 3c - Study Session Minutes of March 17, 2003
Page 1 of 2
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
Minutes of March 17, 2003
The meeting convened at 9:30 p.m.
Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Sue
Santa, Sally Velick, Susan Sanger and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Meyer), Director of Public Works (Mr. Rardin), Public Works
Coordinator (Mr. Merkley); Public Works Administrative Assistant (Ms. Hellekson) and City
Clerk (Ms. Reichert).
1. Solid Waste
Councilmember Brimeyer immediately suggested that the opt-out option that had been
researched by staff be abandoned as it was simply not feasible. Council and staff agreed.
Councilmember Brimeyer asked councilmembers to consider how the City can adopt a standard
that provides for quality customer service other than what we do already.
Councilmember Santa stated that she felt that the solid waste contractor provide customer service
at extended hours. She pointed out that many persons cannot make calls during the day.
Councilmembers discussed the standard of customer service the City should provide and
determined that when customer service issues need to be addressed, our residents should be able
to speak to a real person during reasonable hours.
Councilmember Brimeyer stated that he would support an increase in the price of the utility to
cover the cost of an elevated service level.
Councilmember Sanger also agreed stating that after the last contract change, many persons had
said that even though their costs were lower under the new contract, their service was not at the
same standard. They asked that the City “not do them any more favors”.
Councilmember Velick also asked that better educational materials be provided about details
such as holiday schedules.
Councilmember Omodt suggested a “call center” approach where after hours calls would be
directed to a message center.
Mr. Meyer and Mr. Rardin both stated that training of customer service providers is difficult
because St. Louis Park residents are unique and require special service from the provider. They
did not believe that a call center could handle the special needs of our residents after hours.
St. Louis Park City Council Agenda
Item: 042103 - 3c - Study Session Minutes of March 17, 2003
Page 2 of 2
Councilmember Sanger asked what special needs St. Louis Park residents have that other
communities do not have.
Mr. Rardin responded that our city is unique in terms of its policies on special and bulk pickups.
Most communities do not require handling of cans and instead use bins provided by the hauler.
There is also a significant population in our community that require special protocol regarding
religious holidays. Our provider has adjusted routes and trained staff to be aware of that protocol
and to respond with a higher level of service on those occasions.
Councilmember Brimeyer asked councilmembers to consider the impacts of changing providers
and the long orientation time that would be needed to bring a new hauler’s customer service staff
and field personnel up to speed on St. Louis Park’s special needs. He also commented that he
believed we had done our community a disservice with the last contract by not doing enough
research about the public’s needs. Consequently, a great deal of disruption was caused in the
community. He did not want to repeat the same mistake. He asked if we would be better off
staying with our current provider rather than trying to train a new one.
Mr. Meyer asked for clarification and council direction. He was clear on program changes that
had been discussed and directed by council, but asked if a higher level of customer service was
what the council wanted.
Councilmember Santa stated that the component of customer service most needed involved
better communication from the provider to the public regarding the program and better
opportunities for customers to give feedback to the provider, i.e., longer customer service hours
that work with the schedules of our residents.
Mr. Meyer summarized saying that staff would build components into the RFP that allow for
better feedback and access. He also comfirmed that costs for special services like walk-up would
be paid by individual customers requesting the service and not spread over the entire customer
base.
2. Councilmember Tour of Recycling Plant
Councilmember Sanger requested that staff arrange for a tour of the BFI recycling plant at some
date in the future. Not all councilmembers were interested in attending and staff offered to
arrange a tour for those members that were interested.
3. Adjournment
The meeting was adjourned at 10:10 p.m.
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 042103 - 3d - Housing Summit Meeting Minutes of Apr. 14, 2003
Page 1 of 1
UNOFFICIAL MINUTES
CITY COUNCIL
HOUSING SUMMIT
April 14, 2003
The meeting convened at 6:00 p.m.
Present at the meeting were Councilmembers Jim Brimeyer, Paul Omodt, Susan Sanger, Sue
Santa, Sally Velick, and Mayor Jacobs.
Present from the Housing Authority: Catherine Courtney, William Gavzy, Ann Mavity, Judith
Moore, and Shone Row.
Present from the Planning Commission: John Basill, Michelle Bisonette, Phillip Finkelstein, Ken
Gothberg, Dennis Morris, and Carl Robertson.
Present from the School Board: Debra Bohn, Keith Broady, Julie DiGravina, Joel Koch, Barbara
Pulliam, Bruce Richarson, Jerry Timian, and Jim Yarosh.
Staff present: Charlie Meyer (City Manager), Tom Harmening (Director of Community
Development),Michele Schnitker (Housing Supervisor), Kathy Larsen (Housing Programs
Coordinator), Sharon Anderson (Housing Manager), Janet Jeremiah (Planning and Zoning
Supervisor), Judie Erickson (Planning Coordinator), ), Brian Hoffman (Director of Inspections)
Manny Camilon (Environmental Health Official), and Bridget Gothberg (Organizational
Development Coordinator).
Also present were Jim Rhodes (Xcel Energy), Bill Gleason (Gleason Printing), and Gail
Dorfman (Hennepin County Commissioner).
HOUSING SUMMIT
The City Council, Planning Commission, Housing Authority and School Board met to receive a
presentation on the current housing policies and goals, to examine local housing trends, and to
receive input from one another. Housing Authority staff gave a slide presentation that outlined
housing demographics, housing rates and values, and housing strategies. Board and commission
members and several representatives from the business community discussed the presentation
and future meetings to be held. Representatives were selected for the steering committee.
The meeting adjourned at 9:30 p.m.
St. Louis Park City Council Agenda
Item: 042103 - 4a - Adopt State Building Code
Page 1 of 5
4a. Motion to adopt second reading of an ordinance adopting optional
chapters of the Minnesota Building Code to become effective 15 days
following publication.
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. State Code language and section changes have resulted in our City Code
becoming inaccurate.
No changes were made to the proposed ordinance following first reading on April 7, 2003.
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 proposed amendment will 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. Chapter 1306
specifies the installation of fire sprinkler systems into some buildings that may not
otherwise be required by the main body of code. The reason for these additional
provisions is to allow municipal fire departments to focus more on prevention and the use
of automatic fire suppression systems in their operations rather than staffing to
accommodate larger fire scenarios. Because these provisions often apply to existing
building modification or expansion, the City has been offering a special assessment
program to assist businesses with the cost of installing fire suppression systems. This
program has been successfully utilized 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.
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: 042103 - 4a - Adopt State Building Code
Page 2 of 5
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 issuance 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: 042103 - 4a - Adopt State Building Code
Page 3 of 5
(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: 042103 - 4a - Adopt State Building Code
Page 4 of 5
(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: 042103 - 4a - Adopt State Building Code
Page 5 of 5
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: 042103 - 4b - Approve Neighborhood Grants
Page 1 of 2
4b. Motion to adopt a resolution approving the 2003 neighborhood
revitalization grants for 21 neighborhoods and authorizing the City
Manager to execute grant agreements with each neighborhood.
Background:
Each year, grant funding is made available to neighborhood associations to promote strong
neighborhoods and enhance community connections by bringing neighbors together. Organized St.
Louis Park neighborhood associations may each apply for up to $4000 annually to support activities,
operations and other neighborhood improvements.
2003 Funding:
Grant applications from 22 neighborhoods were received in March. One newly organized
neighborhood, South Oak Hill, applied for the first time this year. On March 31st, a citizen committee
met to review the grant applications and make funding recommendations to the City Council. The
committee presented the recommendations to City Council at a study session on April 7th. Council
members agreed to accept the full recommendation of the committee with two minor changes, the
restoration of postage funding, $100 for the Fern Hill neighborhood and $215 for the Eliot
neighborhood. Grant awards total $40,950 for 2003.
Funding by Category in 2003:
51% Social activities, picnics, potlucks, hayrides, block parties etc. . .
10% Improvements to local parks, benches, play structures etc. . .
18% Operating expenses, meetings, postage, supplies etc. . .
21% Plantings in local parks, flowers, shrubs & trees etc . . .
Future Program Changes:
At the April 7th study session, City Council directed staff to make changes in the grant guidelines that
would set in place an appeal process by the citizen grant review committee. Staff will also seek input
over this next year from neighborhood presidents regarding the likelihood that grant funding may be
reduced by up to 50% (or more) next year. Presented with this change, neighborhood leaders will then
have the opportunity to make suggestions to the grant guidelines that might minimize the difficulty of
this change for both large and small neighborhoods.
Attachments: Resolution for approval of 2003 Grant Funds
Prepared by: Martha McDonell, Community Outreach Coordinator
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 042103 - 4b - Approve Neighborhood Grants
Page 2 of 2
RESOLUTION NO. 03 - 042
RESOLUTION APPROVING FUNDING FOR THE 2003 NEIGHBORHOOD
REVITALIZATION GRANT PROGRAM AWARDS AND AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE GRANT AGREEMENTS WITH THE RECIPIENT
NEIGHBORHOOD ASSOCIATIONS
WHEREAS, the City Council appropriated $45,000 in grant funds for the 2003 Neighborhood
Revitalization Grant Program for organized neighborhoods to promote and enhance community
building and leadership activities; and
WHEREAS, applications from twenty-two neighborhood associations were received on or after March
17, 2003, that requested funds for neighborhood projects; and
WHEREAS, the grant review committee comprised of neighborhood representatives reviewed the
applications on March 31, 2003 and made funding recommendations to the City Council at the study
session on April 7, 2003; and
WHEREAS, certain conditions must still be met by some neighborhoods to proceed with their
proposed projects and these will be outlined in grant agreements that will be executed between the City
and each neighborhood association;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the funding for the
following 21 neighborhoods according to conditions to be set forth in grant agreements, and authorizes
the City Manager to execute these grant agreements.
$1265 Bronx Park $1605 Sorensen
$683 Minnehaha $1906 Lake Forest
$835 Texa Tonka $1905 Kilmer Pond
$1350 Aquila $2368 Cobblecrest
$1500 Cedarhurst $2300 Elmwood
$2140 South Oak Hill $2914 Fern Hill
$1499 Minikahda Oaks $3625 Browndale
$1410 Minikahda Vista $2800 Birchwood
$1600 Brookside $2900 Eliot
$1880 Blackstone $2130 Creekside
$2335 Lenox
Reviewed for Administration: Adopted by the City Council April 21, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 042103 - 4c - Excelsior & Grand Zoning Change
Page 1 of 4
4c. Motion to approve Second Reading and adopt an ordinance rezoning the eastern 40
feet of the M-X Mixed-Use District at the northeast quadrant of Park Commons
Drive and Grand Way to R-C High-Density Residential subject to approval of the
Comprehensive Plan amendment by the Metropolitan Council, approve the
summary ordinance, and authorize publication.
Case No. 03-11-Z
Background:
The Comprehensive Plan includes Mixed-Use, High-Density Residential, and Park land use
designations to accommodate the redevelopment of the Park Commons East (“Excelsior &
Grand”) area. A redevelopment concept plan was also adopted into the Redevelopment Chapter
of the Comprehensive Plan. The areas shown on the Existing Comprehensive Plan map as
Commercial Mixed-Use are zoned M-X Mixed-Use and the areas shown as High-Density
Residential are 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 Phase I Final Plat and
PUD for Park Commons East (“Excelsior & Grand”). At that time, Phase II 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.
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.
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
St. Louis Park City Council Agenda
Item: 042103 - 4c - Excelsior & Grand Zoning Change
Page 2 of 4
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.
The City Council considered the Comprehensive Plan amendment and First Reading of the
rezoning ordinance on April 7, 2003. The Council approved both on a vote of 7-0. The
Metropolitan Council has not yet acted on the Comprehensive Plan amendment, but no problems
are anticipated.
Recommendation:
Staff and the Planning Commission recommend approval of the rezoning subject to approval of
the Comprehensive Plan amendment by the Metropolitan Council.
Attachments:
Ø Proposed Rezoning Ordinance
Ø Proposed Summary Ordinance
Prepared By: Janet Jeremiah, Planning & Zoning Supervisor
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 042103 - 4c - Excelsior & Grand Zoning Change
Page 3 of 4
ORDINANCE NO. 2241-03
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: 042103 - 4c - Excelsior & Grand Zoning Change
Page 4 of 4
SUMMARY
ORDINANCE NO. 2241-03
AN ORDINANCE AMENDING THE
ST. LOUIS PARK ORDINANCE CODE
CHANGING BOUNDARIES OF ZONING DISTRICTS
Northeast corner of Park Commons Drive and Grand Way
This ordinance states that the zoning of the eastern 40 feet of the M-X Mixed-Use District for
property located at the northeast corner of Park Commons Drive and Grand Way shall be
changed to R-C High-Density Residential.
This 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
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in the St. Louis Park Sailor: May 1, 2003
03-11-Zsum:N/res-ord
St. Louis Park City Council Agenda
Item: 042103 - 4d - Raleigh-Salem Alley Paving
Page 1 of 3
4d. Motion to adopt the attached resolution for alley paving the 2700 block between
Raleigh and Salem Avenues that accepts the report, establishes the Improvement
Project, directs staff to sponsor an informational meeting with abutting property
owners, and sets a Public Hearing and Assessment Hearing date of May 19, 2003.
Background: On March 5, 2003, the residents in the 2700 block between Raleigh Avenue and
Salem Avenue submitted a petition to the City requesting that the alley adjacent to their
properties be paved in accordance with the City’s standard for alleys. The petition was signed by
enough property owners (52.8%) to advance the project. The City’s policy states that at least
51% of the properties must sign the initial petition.
City Alley Paving Special Assessment Policy:
The City’s Alley Paving Special Assessment Policy is as follows:
A. The cost of alley improvements for residential properties shall be assessed when at least 51
percent (alley front feet) of the property owners petition for the improvement:
1. Thirty (30) percent of the cost of the improvement shall be assessed against all
properties abutting the alley. (INDIRECT BENEFIT)
2. Seventy (70) percent of the cost of the improvement shall be assessed against directly
benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT)
B. A property is directly benefited if it has an existing garage with direct access to the alley, if
an access to the alley could be constructed from an existing garage, or if, no garage exists,
there is sufficient area on the lot to build a garage with access to the alley.
C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of
the improvement.
D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years.
Discussion: The City’s standard design for alley paving includes six (6)-inch thick concrete
pavement, 10 feet in width, with driveway apron connections between the paved alley and
abutting paved driveways. Private driveways outside the alley right-of-way are the responsibility
of the property owner. In accordance with City practice, the driveway connections will match
existing materials and grades. Pavement grades will be established to provide positive drainage
without requiring additional storm sewer construction.
Financial Considerations: The City’s Policy for funding alley improvements requires the
abutting property owners to pay 100% of the improvement costs. The Policy also provides for
the assessments to be levied as direct and indirect benefits based upon abutting frontage.
To assist the petition sponsor, City staff provides the petition forms and a rough estimate of the
alley construction cost before the sponsor begins to gather signatures. The original estimate for
construction of this alley was $61,500. Based on the preliminary plans prepared by staff, the
estimated cost has been revised to approximately $54,200. An estimate of the assessment
amount for each property is attached (based on the $54,200 amount). These costs are still
estimates. The final assessment will be based on the actual costs of the project. The City
St. Louis Park City Council Agenda
Item: 042103 - 4d - Raleigh-Salem Alley Paving
Page 2 of 3
Assessor is still working to make a determination on whether 2719 Salem Avenue receives direct
benefit or not. This may result in a change to the final cost allocation.
A summary of the estimated costs and revenue sources is as follows:
Estimated Costs:
Construction Costs $ 43,950
Contingency (10%) $ 4,395
Subtotal $ 48,345
Engineering & Administrative (12%) $ 5,801
TOTAL $ 54,146
Revenue Sources:
Special Assessments $ 54,146
Alley Improvement Project Timetable: Should the City Council approve the City Engineer’s
Report, it is anticipated that the following schedule could be met:
• City Engineer’s Report to City Council April 21, 2003
• Staff holds informational meeting with residents May 7, 2003
• City Council holds Public Hearing & Assessment Hearing May 19, 2003
• Advertise for bids June
• Bid Opening June 24, 2003
• End of 30 Day Appeal on Assessments June 19, 2003
• Bid Tab Report to Council, Council can award the bid and order
the project or delay the project if there are any assessment
appeals
July 7, 2003
• Construction July, 2003
Feasibility: The project, as proposed herein, is cost-effective and feasible under the conditions
noted and at the costs estimated.
Public Involvement Process: Staff will schedule an informational meeting for May 7th, prior to
the Public Hearing/Assessment Hearing, to inform residents of the process and to review the
preliminary plans. The Council will be notified of the meeting place and time. Once the project
is awarded, staff will schedule another meeting with the affected property owners to discuss the
construction schedule.
Attachments: Resolution
Property owner list with estimated assessments
Prepared by: Maria Hagen, City Engineer
Reviewed by: Michael P. Rardin, Public Works Director
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 042103 - 4d - Raleigh-Salem Alley Paving
Page 3 of 3
RESOLUTION NO. 03-043
RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT,
ESTABLISHING AN ALLEY IMPROVEMENT PROJECT,
DIRECTING STAFF TO SPONSOR AN INFORMATIONAL MEETING,
AND SETTING A PUBLIC HEARING AND ASSESSMENT HEARING
DATE OF MAY 19, 2003
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
City Engineer related to the alley paving in the 2700 block between Raleigh and Salem Avenues.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City Engineer’s Report regarding the alley paving in the 2700 block between Raleigh
and Salem Avenues is hereby accepted.
2. This proposed alley paving improvement project is hereby established.
3. An improvement hearing and an assessment hearing is scheduled to be held on May 19,
2003 for affected property owners.
4. Staff is authorized to hold a neighborhood meeting for those owners.
Reviewed for Administration: Adopted by the City Council April 21, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 1 of 7
MINUTES FEBRUARY 27, 2003
BOARD OF ZONING APPEALS
CITY OF ST. LOUIS PARK
The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on
Thursday, February 27, 2003 at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis
Park, Minnesota.
Members Present: Chair James Gainsley
Vice Chair Susan Bloyer
Commissioner Ryan Burt
Commissioner Tom Powers (arrived at 7:05 p.m.)
Members Absent: Commissioner Paul Roberts
Staff Present: Gary Morrison, Assistant Zoning Administrator
Tara Olson, Community Development Secretary
1. CALL TO ORDER – ROLL CALL
Chair Gainsley called the regular meeting to order at 7:01p.m.
2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES
Motion by Commissioner Bloyer, seconded by Commissioner Burt, to approve the following
minutes as presented.
1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated
December 3, 2002.
Motion by Commissioner Bloyer, seconded by Commissioner Burt, to approve the following
minutes as presented.
2) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated
January 23, 2003.
Motion Carried. Voting Yes: Gainsley, Bloyer and Burt. Voting No: None.
3. CONSENT AGENDA - None
4. PUBLIC HEARINGS/COMMITTEE BUSINESS
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 2 of 7
A. Case No. 03-01-VAR – The request of Walser Ford for a variance from the requirements
of Section 36-362(f)(20) of the Ordinance Code relating to zoning to permit 759 square feet of
sign area instead of the required maximum of 400 square feet for property located in the “C-2”
General Commercial District at 3555 S. Highway 100.
Mr. Morrison stated that staff has received another letter from Walser Ford requesting a
continuation of the public hearing until March 27, 2003.
Motion by Commissioner Bloyer, seconded by Commissioner Burt that Walser Ford continues
the public hearing until March 27, 2003.
Motion carried. Voting Yes: Gainsley, Bloyer and Burt. Voting No: None.
B. Case No. 03-09-VAR – The request of Naomi Pitterman for variances from the
requirements of Section 36-165(f)(12) of the Ordinance Code relating to zoning to permit
parking in the required rear yard open space, and from the requirements of Section 36-361(b)(3)l
to permit an 4.5 foot setback instead of the required 9 foot side yard abutting a street for one
parking space for a new single-family residence with accessory Mikvah pool for property located
in the “R-2” Single Family Residential District at 4624 Minnetonka Boulevard.
Mr. Morrison presented the report and concluded that all 7 of 7 criterion have been satisfied for
the proposed variances, the following is recommended for the property located in the “R-2”
District at 4624 Minnetonka Boulevard:
1. The request for a variance from the requirements of Section 36-361(F)(12) of the Ordinance
code relating to zoning to allow parking in the required rear yard open space requirements be
approved.
2. The request for a variance from Section 36-361(B)(3)l of the Ordinance code relating to
zoning to allow an 4.5 foot setback instead of the required 9 foot side yard setback for one
parking space be approved.
Based upon the findings in the report, and subject to the condition that the variance shall become
null and void and the parking spaces required for the Mikvah shall be converted to open space
only if the Mikvah use terminates at this property.
Commissioner Bloyer asked staff what the setback is on the existing building.
Mr. Morrison stated that the existing building setback is approximately 10 feet.
Commissioner Bloyer asked staff if the proposed second floor living area were unoccupied
would it still be in compliance with city code?
Mr. Morrison stated that there are two requirements for parking on this property. The first
requirement is that two dedicated parking spaces are needed for the primary residence which are
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 3 of 7
located in the garage and the second requirement is a third parking space for the Mikvah which
will be located on the driveway.
Commissioner Bloyer asked staff if the proposed second floor living space was not occupied but
is still operating as a Mikvah would the parking requirements be the same?
Mr. Morrison stated that the Mikvah has to be an accessory to the residency, which will be
located on the second floor.
Chair Gainsley asked staff to clarify the recommended condition that the variance shall become
null and void and the parking spaces required for the Mikvah shall be converted to open space
only if the Mikvah use terminates at this property.
Mr. Morrison stated that if the Mikvah were to cease the house would more than likely be
removed and the property would probably be redeveloped since the main floor is built to
accommodate the Mikvah.
Chair Gainsley asked staff who would be responsible for the removal of the house if the Mikvah
were to cease?
Mr. Morrison stated the house is built as a Mikvah, which will always be an accessory to the
residential as long as the building is standing so the three parking space requirement will always
be with the property.
Chair Gainsley asked staff if the City would have some way of knowing if the Mikvah is being
utilized?
Mr. Morrison stated that the usage of the Mikvah really isn’t an issue. However, the physical
condition that the Mikvah is there as an accessory use to the residence is a issue.
Commissioner Burt asked staff if a residential home is allowed to paint a basketball court onto
the driveway and consider that to be allowable.
Mr. Morrison stated that is allowable on residential property except that parking vehicles on the
required open space is not allowable that is why a variance is being requested.
Commissioner Burt stated that the Mikvah use is classified as acceptable in this zoning area as an
accessory, what is the definition that constitutes accessory use?
Mr. Morrison stated that an accessory use is the use that is less intensive then the primary, which
in this case we look at the square footage. In order for the residents to be primary the majority of
the square footage of the building has to be dedicated to the resident which does apply with this
applicant. Also, parking, traffic generated.
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 4 of 7
Mr. Morrison stated that several years ago this property approach us with a Comprehensive Plan
amendment to allow Mikvahs in the residential districts as a primary use which was later denied.
At that time the ordinance was then changed to allow Mikvahs as a accessory use with the
condition of three parking spaces.
Chair Gainsley asked staff why the Comprehensive Plan amendment was denied?
Mr. Morrison stated he believed the city wanted to preserve the residential character of the
neighborhood and also there may have been a concern with a Mikvah without the residents
occupying the home might bring in a commercial hint to the neighborhood even though a Mikvah
is not characterized as having a lot of traffic volume but would essential be a empty vacate
building during the day and this way we can have the property being used as a single family
home.
Commissioner Powers asked staff if the basketball court is being painted to met the open space
requirements?
Mr. Morrison stated that is correct the open space must be used for recreational purposes.
Commissioner Powers stated he does have concern that allowing the basketball court to be used
as open space may set precedence for others. Also, the volume of vehicles and parking draws a
concern.
Mr. Morrison stated that the applicant would speak during the public hearing to help us
understand the volume and parking concerns.
With no more questions, Chair Gainsley opened the public hearing.
Naomi Pitterman, representing the owner, the Ritualarium Society of Minneapolis stated that the
primary usage of a Mikvah is by woman once a month in the evening after sundown. This is a
very private moment for woman so you will never see socializing outside in addition the parking
usage will be fairly quick in and out and typically never more then three cars. In addition, the
existing home will be removed and replaced with a two-story principal structure with a small
basement and a detached 2-car garage.
Commissioner Burt asked Ms. Pitterman if the proposed second floor living space will be rental?
Ms. Pitterman stated the second floor would be rented to a tenant whom will oversee the entire
Mikvah. This individual will not have quests during the hours of operation.
Chair Gainsley asked staff if adding a basement onto to the already submitted plans and staff
report will cause any changes to staff’s recommendation?
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 5 of 7
Mr. Morrison stated that adding a basement would not cause any changes to staff’s
recommendation, staff looks at the total area of square footage so that majority of the area is
dedicated to the residents.
Sandra Uri, resident at 2928 Monterey Avenue South and a representative of the Monterey Park
Townhouse Association, she stated that she is in attendance to relay the Board of Zoning Appeals
decision to the town home residents.
Chair Gainsley asked Ms. Uri if she is in favor of the board granting this variance?
Ms. Uri stated she is in favor if all is true regarding the Mikvah proposal she is in favor.
Andrew Brennor, 2934 Natchez Avenue South, stated he and several of his neighbors whom live
across the street from this property are very pleased to see interest in cleaning and remodeling of
the present structure since this home has been in despair for some time. In addition, he feels that
this property will increase the neighborhood property values and feels that the Jewish community
members being able to walk to a place of community religious is nice and convenient. However,
he does hope the building will be continually maintained and would like to point out that he does
not like the building esthetics which are being proposed.
With no more questions, Chair Gainsley closed the public hearing.
Commissioner Bloyer stated she agrees with staff findings but feels that this proposal may be a
heavy use for this property and would like to point out that this is a substandard corner sized lot.
Chair Gainsley stated he feels this proposal will enhance the community, it’s traditional, gives St.
Louis Park class and it is very important to the jewish community and is in favor of granting this
variance.
Commissioner Powers asked staff if limitations could be added to this use with regards to
individual parking on a dual propose parking lot and if staff can find a way to write a definition
for use of open space with parking that would just limit it to a central community service whether
it is public or private.
Commissioner Burt stated he agrees with staff’s findings but does have concern regarding the
residential property being unattended if the Mikvah were no longer used.
Motion by Commission Bloyer, seconded by Commissioner Powers that the variances be granted
to allow an 8.5 foot setback instead of the required 9 foot side yard setback for one parking space
and to allow parking in the required rear yard open space be approved based upon the findings in
the report, and subject to the conditions that the variance shall become null and void and the
parking spaces required for the Mikvah shall be converted to open space only if the Mikvah use
terminates at this property.
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 6 of 7
Mr. Morrison stated that a typing error was made in the report so instead of the applicant asking
for an 8.5-foot setback it should be changed to 4.5-foot setback.
Commissioner Bloyer asked staff if the 4.5-foot setback be exclusively for the parking space and
not for the building?
Mr. Morrison stated that the setback is exclusively for parking of one vehicle.
Commissioner Bloyer stated she would like to amend the previous motion to a 4.5-foot setback
but also to add an additional condition to the variance stating that the setback of 4.5 feet is
exclusively for the one parking space.
Chair Gainsley asked staff if the public hearing was advertised as 8.5-foot setback or 4.5 foot
setback?
Mr. Morrison stated that an 8.5-foot setback was advertised. However, the publication does not
null and void the proceedings of the hearing, City Ordinance and State Statute state that errors in
the public hearing notice do not null and void the proceedings which was also verified by the
City Attorney.
Chair Gainsley stated the he would like the Commissioner’s to make another motion on this
variance but would like to subject the vote on the opinion of the City Attorney as to whether
publishing a incorrect variance is allowable.
Mr. Morrison stated he would speak to Mr. Tom Scott to verify.
Commissioner Burt stated he would like to add to the amended motion that in order for
acceptance the open space variance shall become null and void and the parking spaces required
for the Mikvah shall become converted into open space and the paving be removed.
Mr. Morrison stated that Commissioner Burt’s amended motion would be added to the
resolution.
Commissioner Burt stated that this would allay the fear of people continuing to park in the
basketball court.
Chair Gainsley stated there would be two additional amendments added to staff’s
recommendation which are to change the 8.5 foot setback to 4.5 foot setback and to protect the
open space.
Motion by Commission Powers, seconded by Commissioner Bloyer that the amendment to
change the 8.5-foot setback to a 4.5-foot setback instead of the required 9-foot side yard setback
for one parking space.
St. Louis Park City Council Agenda
Item: 042103 - 4e - Board of Zoning Appeals Minutes of Feb. 27, 2003
Page 7 of 7
Motion by Commission Powers, seconded by Commissioner Bloyer that the amendment to
change the open space variance shall become null and void and the parking spaces required for
the Mikvah shall become converted into open space and the paving be removed.
Motion by Commission Bloyer, seconded by Commissioner Powers that the variances be granted
to allow an 4.5 foot setback instead of the required 9 foot side yard setback for one parking space
and to allow parking in the required rear yard open space be approved based upon the findings in
the report, and subject to the conditions that the variance shall become null and void and the
parking spaces required for the Mikvah shall be converted to open space only if the Mikvah use
terminates at this property.
Motion carried. Voting Yes: Gainsley, Bloyer, Burt and Powers. Voting No: None.
5. Old Business:
None
6. New Business: - None
7. Communications:
Commissioners have reviewed the St. Louis Park City Council Rules and Procedures and had no
comments.
Chair Gainsley stated he would and the Commissioners would like to receive a handout The
Standard Code of Par of Proceedings by Alice Sturgeon.
8. Miscellaneous - None
9. Adjournment:
Commissioner Bloyer moved and Commissioner Powers seconded the motion for adjournment.
The regular meeting of the Board of Zoning Appeals adjourned at 8 :50 p.m.
Respectfully Submitted,
Tara Olson
Community Development Secretary
St. Louis Park City Council Agenda
Item: 042103 - 4f - Housing Authority Minutes of Mar. 12, 2003
Page 1 of 3
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, March 12, 2003
Westwood Room
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, William Gavzy, Judith Moore
Commissioner Shone Row arrived at 5:10 p.m.
Commissioner Anne Mavity arrived at 5:16 p.m.
Commissioner Judith Moore left at 6:37 p.m.
MEMBERS ABSENT: None
STAFF PRESENT: Sharon Anderson, Judie Erickson, Jane Klesk, Michele Schnitker
1. Call to Order
The meeting was called to order at 5:06 p.m.
2. Approval of Minutes for February 12, 2003
The February 12, 2003 minutes were unanimously approved, with the following
amendment to Page 3, 6(f.) 2002 Public Housing Assessment Score (PHAS). Ms.
Schnitker stated that the Housing Authority 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
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
Judie Erickson, Planning Coordinator for the City, presented the results of the recently
completed Elmwood Neighborhood Study. The City undertook this study as a result of
the Comprehensive Plan adopted by the City Council in 1999, which stated that a study
of this area should be done, because of all the old buildings, mixtures of land use, and
vacant properties. The City Council adopted a resolution accepting the study, but stating
that the Council is not bound to anything in the study. The report, minus appendices, is
available for downloading off the City website.
a. Approval of Financial Services Contract
Ms. Schnitker briefly described the renewal contract with the City Finance Department
for accounting services, and recommended the Board approve the contract. Ms. Schnitker
explained that there is a minimal fee increase of $1,500 this year. Ms. Schnitker noted
that the past year was a turning point for the HA with the hire of Brian Swanson,
Accountant, who dedicated much of his staff time to working on Housing Authority
activities. Commissioner Moore moved to approve the Financial Services Contract, and
Commissioner Courtney seconded the motion. The motion passed on a vote of 5-0, with
Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor.
b. Approval of Section 8 Utility Allowance
Ms. Schnitker stated that the HA is required to analyze and establish new utility
allowances every year. Commissioner Courtney moved for approval of Resolution 513,
Section 8 Utility Allowance. Commissioner Mavity seconded the motion, and the motion
passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row
voting in favor.
c. Approval of Insurance Coverage Proposal
Ms. Anderson explained that last year's premium was $6,000 less than what it would
have been had State Farm raised their rates before the renewal. Therefore this year's
renewal premium reflects this increase. Liability for errors and omissions and Workers
Comp coverage will again be obtained through the City. Commissioner Moore moved
for approval of the Insurance Coverage Proposal. Commissioner Row seconded the
motion, and the motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy,
Mavity, Moore and Row voting in favor.
d. Approval of 2003 Action Plan
Ms. Schnitker described various activities the HA will try to accomplish within the next
year, adding that the Housing Summit will determine the direction of housing for years to
come. Ms. Schnitker also reviewed the HA's relationship with the City, and explained
that the City's primary focus in upcoming months will involve budget issues.
Commissioner Courtney moved for approval of the 2003 Action Plan. Commissioner
Row seconded the motion, and the motion passed on a vote of 4-0, with Commissioners
Courtney, Gavzy, Mavity, and Row voting in favor.
7. Communications from Executive Director
a. Claims List No. 3-2003
Commissioner Courtney moved to ratify Claims List No. 3-2003, and Commissioner
Mavity seconded the motion. The motion passed on a vote of 4-0, with Commissioners
Courtney, Gavzy, Mavity, and Row voting in favor.
b. Communications
(1) Section 8 Homeownership – Update
Ms. Schnitker stated that there were questions about the feasibility of this
program in St. Louis Park, because of the property values. The Board
decided to defer implementation of a Section 8 homeownership program at
this time. Ms. Schnitker stated that Section 8 homeownership will be
examined as part of the Housing Summit process.
(2) Monthly Report for March, 2003
(3) Scattered Site Houses and Hamilton House
Ms. Anderson mentioned that the HA is currently working on two
scattered-site housing terminations for April 30th.
(4) Draft Financial Statement
8. Other – None
9. Adjournment
Commissioner Mavity moved for adjournment. Commissioner Courtney seconded the
motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy,
Mavity and Row voting in favor. The meeting was adjourned at 6:55 p.m.
Respectfully Submitted,
Shone Row, Secretary
St. Louis Park City Council Agenda
Item: 042103 - 6a - Walser Ford Appeal
Page 1 of 3
6a. Case No. 03-01-VAR: Walser Ford
Public hearing to consider Walser Ford's appeal of the Board of Zoning Appeals
decision to deny a variance from the requirements of Section 36-362(f)(20) of the
ordinance code to allow more sign area than allowed by code for the property located
at 3555 Hwy 100.
Recommended
Action:
Mayor to close the public hearing. Motion to uphold the
decision of the Board of Zoning Appeals to deny Walser Ford's
application for a variance to section 36-362(f)(20) of the
ordinance code to allow more sign area than allowed by code for
the property located at 3555 Hwy 100.
Background:
The property is located on the northeast corner of 36th St. W and Hwy #100 and is zoned C-2
General Commercial. Industrial uses are located north and east of this property, Highway 100 to
the west, and Target to the south.
On September 2, 2002, Walser Ford submitted a sign application to replace an existing sign
structure with a new sign that reflected the new Ford image. (Replacing the existing Ford "flag"
shaped sign along Hwy 100 with a Ford oval shaped sign.) The permit was denied, because the
signage on the property is currently non-conforming with the sign ordinance, (1,250 square feet
existing - 400 square feet allowed). The sign permit could be re-applied for, and approved, if the
signage on the site was brought into compliance with today's code.
The property owner opted to request a variance to allow 759 square feet of signage. (359 square
feet over the maximum 400 sq ft allowed.). On December 30, 2002, Walser Ford submitted the
variance application. The variance public hearing was continued two times at BOZA to allow
time for the applicant and staff to work together to find a way to meet the zoning requirements
without the need for a variance. The applicant could meet the ordinance by removing additional
signage, for example, by removing the freestanding reader board for which staff cannot find a
sign permit and reducing some wall signage. However, rather than come into compliance the
applicant is now requesting 696 square feet of total signage, which is a variance of 296 square
feet. The reduction from 759 square feet to 696 square feet is not addressed in the BOZA report
(see attached), because it was submitted after the report went out. However, it was reviewed
during BOZA's March 27th meeting. BOZA voted to deny it, on a 3-1 vote, citing that a
hardship was not identified.
The applicant's argument during the March 27th public hearing was primarily based on section
36-362(g)(4)a & b of the zoning code (attached). This section states wall signage may be
exempt from maximum signage calculations if the building is a shopping center or multi-tenant
building, and the uses receiving the benefit of the exemption are those listed in that section.
St. Louis Park City Council Agenda
Item: 042103 - 6a - Walser Ford Appeal
Page 2 of 3
The applicant argued that the Walser dealership building is a multi-tenant building, because their
autobody is technically under a separate Walser corporate entity, (although the relationship was
not clearly defined) and therefore, the signage pertaining to the auto-body or show floor use
should be exempt from the maximum signage calculation. Even if the city agreed with the multi-
tenant interpretation, auto-body and motor vehicles sales are not uses listed in the ordinance that
receives the benefit of the exemption. In fact, the autobody use is currently non-conforming in
the C-2 District. Also, the show floor is a required part of the motor vehicle sales use and is not
a separate use. Therefore, the multi-tenant signage argument was found to be without merit.
Staff believes the signage could be brought into compliance by:
1. Removing the freestanding reader board sign (#2 - 192 square feet.). This sign is made
redundant by the adjacent "Ford" pylon sign and "Walser" building sign.
2. Removing the Ford oval wall sign (#3 - 18 square feet). This is a small wall sign, also
made redundant by the "Ford" pylon sign.
3. Removing the "Walser Collision & Glass" sign on the north wall (#6 - 77 square feet).
This sign faces 35th St W, which is a dead end road. This sign also has limited visibility
because, it is blocked by the dealership's car wash, and the adjacent building to the north.
Directional signage that is exempt from being included in the sign total could be used to
identify the auto body entrance on the north side.
4. The remaining 9 square feet overage could be eliminated by slightly reducing the size of
signage elsewhere on the site. (e.g. by using a smaller autobody sign on the south wall.)
If the Council believes that the autobody and motor vehicle sales uses should be treated as
separate tenants and should be allowed additional signage, an ordinance amendment is required.
However, if the Council believes the findings for a variance to allow additional signage on this
property can be made, the Council should document the findings and direct staff to prepare a
Resolution of approval. Otherwise, the Council should vote to uphold the BOZA's Resolution of
denial.
Recommendation:
Motion to uphold the decision of the Board of Zoning Appeals to deny Walser Ford's application
for a variance to section 36-362(f)(20) of the ordinance code to allow more square feet of
signage than allowed by code for the property located at 3555 Hwy 100.
Attachments:
Excerpt from Sign Ordinance: Section 36-362(g)(4)a & b.
BOZA Staff Report - Case No. 03-01-VAR (includes Walser's application for the variance)
Letter from Applicant - dated March 24, 2003
Sign Summary Table and Plan (Illustrating changes since variance application was submitted)
Draft, unapproved BOZA Minutes Excerpts
Prepared By: Gary Morrison, Assistant Zoning Administrator
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 042103 - 6a - Walser Ford Appeal
Page 3 of 3
EXCERPT FROM SIGN ORDINANCE: SECTION 36-362(g)(4)a & b.
(4) In the C-1, C-2, O, I-G and I-P districts, the total area of all wall signs on a
building which meets the following outlined conditions shall not be included in
calculating the aggregate sign area on a lot:
a. The building shall be a shopping center or a building containing multiple
tenants including and limited to retail, private entertainment (indoors),
restaurants with liquor, restaurants without liquor, services, food
services, printing process, banks, studios and showrooms or a
single-tenant building housing one of the land uses named in this
subsection (g)(4)a. if such single-tenant building is located on a single lot
with other principal buildings and is part of an approved planned unit
development under the provisions of this chapter.
b. The area of all wall signs permitted by this section shall not exceed seven
percent of the wall area of the building. If a shopping center or multi-tenant
building contains land uses other than those listed in subsection (g)(4)a. of
this section, the amount of wall area which may be used to calculate
allowable signage shall be determined by multiplying the total wall area of
the building by a percentage equal to the percentage of the gross floor
area of the building occupied by the land uses listed in subsection (g)(4)a.
of this section.
St. Louis Park City Council Agenda
Item: 042103 - 8a - Firefighter Labor Contract
Page 1 of 5
8a. Labor Agreement with Firefighters for 1/1/03 through 12/31/03
A 1-year agreement for Firefighters and Fire Lieutenants was reached settling the
City and Union for 2003.
Recommended
Action:
It is recommended that the City Council adopt the attached
resolution approving a Labor Agreement between the City and
International Association of Firefighters Local 993, establishing
terms and conditions of employment for one year: 1/1/03 –
12/31/03.
Background:
Negotiations with Firefighters on the 2003 contract started in the fall of 2002. Both sides
explored various options including conversion to flex leave, changing drivers pay and change to
the vacation pick schedule. After 6 months of negotiation, we agreed to a 1-year package with an
adjustment to wages, insurance, change in vacation pick and a major operational change
eliminating drivers pay in exchange with an increase to the longevity program.
Chief Stemmer has been working with the Firefighters on organizational changes in the Fire
Department. In order to implement some changes, it was important for the department to move
away from drivers pay. After hours of negotiation on this issue, and with an initial rejection on a
vote from the union on this change, we were able to continue to work together to cooperatively
make this happen.
With budget concerns, we limited this contract to a 1-year agreement. The proposed contract has
changes in wages at 3% and insurance $40/mo. consistent with all of our employee groups for
2003. This package includes an elimination of drivers pay in exchange for an enhanced
longevity package. This change will cost the city less than $3,000 annually or on average $133
per year for each Firefighter. The Firefighters were instrumental in designing a way to minimize
the financial impact of this change. In order to reduce costs on this package, our Fire Lieutenants
will lower their pay effective May 31, 2003. Funds for this package are in the Fire Department
budget.
Listed below is the detail of changes to the proposed contract. The proposed contract is on file
with the City Clerk. More information is available upon request.
Summary of Contract Changes
1. Duration: 1 year - 1/1/03 through 12/31/03.
2. Article XXVIII - Wages – effective January 1 of each year as follows:
2003 – 3% all employees. Fire Lieutenant wages are reduced 2.6% of 2002 wages
effective shift change on May 31, 2003.
Article XXVIII - Wage changes as follows:
Wage Schedule effective January 1, 2003 through 7:59 am May 31, 2003
Firefighter STEPS: A Entry B 12 mo. C 24 mo. D 36 mo. E48 mo.
(bi/wkly) $1,692.14 $1,777.02 $1,865.12 $1,958.79 $2,057.30
Fire Lieutenant: (bi/wkly) $2,221.90
Wage Schedule Effective 8:00am May 31, 2003
Firefighter STEPS: Entry 6 months 12 months 24 months 36 months
(bi/wkly) $1,692.14 $1,777.02 $1,865.12 $1,958.79 $2,057.30
Fire Lieutenant: (bi/wkly) $2,165.38
3. 2003 - Insurance increase $40/mo effective 1/1/03. ($550/mo.)
4. Vacation pick change as follows:
12.7 Each Employee shall be granted four (4) guaranteed vacation selections per year
from the times provided as available from the EMPLOYER. Up to two (2)
EMPLOYEES may select to be off at the same time, provided both are on a first pick
selection and time is not restricted as a result of Supervisors first vacation selection.
At the conclusion of first pick selections, EMPLOYEES may make a second guaranteed
vacation selection provided time is not restricted due to first pick selections or as a result
of Supervisors second vacation selection.
At the conclusion of second pick selections, EMPLOYEES may make a third guaranteed
vacation selection provided time is not restricted in any way.
Vacation selections may also be restricted or unavailable due to unexpected or
extraordinary circumstances.
VACATION PICK SCHEDULE
First Pick
2 most senior bargaining unit employees on shift January 15-22
next 2 most senior bargaining unit employees on shift January 23-30
next 2 most senior bargaining unit employees on shift January 31-February 6
Second Pick
2 most senior bargaining unit employees on shift February 15-22
next 2 most senior bargaining unit employees on shift February 23-March 2
next 2 most senior bargaining unit employees on shift March 3-March 10
Third Pick
2 most senior bargaining unit employees on shift March 18-March 25
next 2 most senior bargaining unit employees on shift March 26-April 2
next 2 most senior bargaining unit employees on shift April 3-April 10
Fourth Pick
A guaranteed fourth pick privilege is available provided time is not restricted in any way.
5. Article 30 – Shift bid Clarify language regarding shift bid:
30.7 shift bid shall start on November 1st. Shift exchange shall take place at the start of
the first 21-day pay period in January.
6. Longevity and Drivers pay: The existing longevity and drivers pay remain in effect
from 1/1/03 through 7:59am 5/31/03. Effective 8:00am 5/31/03, drivers pay is eliminated
and a new longevity program is implemented. The new longevity program is limited to
the positions of Firefighters and Fire Lieutenants.
Article 27 – Longevity:
The new longevity program is for the positions of Firefighters and Fire Lieutenants
effective 8:00am May 31, 2003 is as follows:
EMPLOYEES who choose not to participate in the Study Incentive Program will be
eligible for longevity pay on the following basis:
EMPLOYEES hired as Firefighters and Fire Lieutenants after 1/1/00: Longevity is based
on full-time continuous service with the Fire Department
27.1 After four (4) years of continuous employment, each qualifying EMPLOYEE will be
paid an additional four and three tenths percent (4.3%) of the top firefighter base rate.
27.2 After six (6) years of continuous employment, each qualifying EMPLOYEE will be
paid an additional five and five tenths percent (5.5%) of the top firefighter base rate.
27.3 After ten (10) years of continuous employment, each qualifying EMPLOYEE will be
paid an additional six and three tenths percent (6.3%) of the top firefighter base rate.
27.4 After fifteen (15) years of continuous employment, each qualifying EMPLOYEE will
be paid an additional seven and one tenths percent (7.1%) of the top firefighter base
rate.
27.5 After twenty (20) years of continuous employment, each qualifying EMPLOYEE
will be paid an additional seven and nine tenths percent (7.9%) of the top firefighter
base rate.
27.6 EMPLOYEES who wish to switch from the Study Incentive Program to the
Longevity Program or vice versa, must notify the EMPLOYER in writing of this
choice by December 15 of the preceding year. EMPLOYEES who choose to exit the
Study Incentive Program will lose all Study Incentive points previously credited.
General comments: This is our final open labor contract for 2003. All 5 contracts are open for
2004.
Recommendation: It is recommended that the City Council adopt the attached resolution
approving a Labor Agreement between the City and International Association of Firefighters
Local #993, establishing terms and conditions of employment for the duration of 1/1/03 –
1/31/03.
Attachments: Resolution
Prepared by: Nancy Gohman, Human Resources Director
Approved by: Charles W. Meyer, City Manager
RESOLUTION NO. 03-044
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN
THE CITY OF ST. LOUIS PARK
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #993
JANUARY 1, 2003–DECEMBER 31, 2003
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter; now therefore,
BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and
City Manager are authorized to execute a Collective Bargaining Agreement, City Contract #
between the City of St. Louis Park and International Association of Firefighters Local #993
effective January 1, 2003 – December 31, 2003.
Reviewed for Administration: Adopted by the City Council April 21 2003
City Manager Mayor
Attest:
City Clerk
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8b. Sale of $4,145,000 General Obligation Bonds, Series 2003A
This action will award the sale of $4,145,000 General Obligation Bonds. The proceeds
of the bond sale will be used to fund trails, parks, and other recreational improvements
in the City.
Recommended
Action:
Motion to adopt resolution awarding the sale of bonds
Background:
On March 17, 2003, the City Council authorized the sale of $4,145,000 of General Obligation
bonds. The proceeds of the bond sale will be used to fund the following projects.
Project Description Project #
Trail Improvements 2001 1999 0800
Trail Improvements 2002 2002 0200
Louisiana Oaks Park 2002 2660
Oak Park Village Building 2002 2680
Rec. Center Roof Replacement 2003 3140
Ballfield Lights/Skippy Field
(Carpenter Park) 2004 4200
A draft resolution awarding the bond sale is included as an attachment. The bonds will be sold
on April 21, 2003 through an open bid process. Due to this, the resolution cannot be completed
until the sale is finalized. A final resolution will be presented at the Council meeting.
Bond Rating:
Analysts from Moody’s Investment Services are in the process of rating this bond issue. It is
anticipated that the City will maintain the rating of Aa1.
Recommendation:
Motion to adopt resolution awarding the sale of bonds.
Attachments: Resolution awarding the sale of $4,145,000 General Obligation Bonds (draft)
Prepared By: Jean D. McGann, Director of Finance
Approved By: Charles W. Meyer, City Manager
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Extract of Minutes of Meeting
of the City Council of the City of
St. Louis Park, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of St. Louis
Park, Minnesota, was duly held in the City Hall in said City on Monday, April 21, 2003, commencing at 7:30
o'clock P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of the proposals that had
been received for the purchase of the City's approximately $4,145,000 General Obligation Bonds, Series
2003A.
The City Manager presented a tabulation of the proposals that had been received in the manner
specified in the Official Terms of Proposal for the Bonds. The proposals were as follows:
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After due consideration of the proposals, Member ____________________ then introduced the
following written resolution, the reading of which was dispensed with by unanimous consent, and moved its
adoption.
RESOLUTION NO. ______
A RESOLUTION AWARDING THE SALE OF $_____________
GENERAL OBLIGATION BONDS, SERIES 2003A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County,
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. It is hereby determined that:
(a) the City has determined a need to finance the following recreational improvements
in the City (Project):
Project Description Project #
Trail Improvements 2001 1999 0800
Trail Improvements 2002 2002 0200
Louisiana Oaks Park 2002 2660
Oak Park Village Building 2002 2680
Rec. Center Roof Replacement 2003 3140
Ballfield Lights/Skippy Fd
(Carpenter Park) 2004 4200
(b) the City is authorized by Minnesota Statutes, Chapter 475 (Act) and its home rule
charter to finance all or a portion of the cost of the Project (Project Costs) by the issuance of general
obligation bonds of the City. The Project Costs are presently estimated by the engineer to be as
follows:
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Project Designation & Description:
Total Project Cost
Total Underwriter's Discount (1.25%) $ 51,812.50
Costs of Issuance 38,000.00
Deposit to Project Construction Fund 3,951,369.00
Deposit to Capitalized Interest Fund 102,550.40
Rounding Amount (1,268.10)
Total Issue $4,145,000.00
(c) it is necessary and expedient to the sound financial management of the
affairs of the City to issue $4,145,000 General Obligation Bonds, Series 2003A (Bonds)
to provide financing for the Project.
(d) final maturity of the Bonds is no longer than the reasonable life
expectancy of the Project.
1.02. The proposal of ________________________________________ (Purchaser) to purchase
approximately $4,145,000 General Obligation Bonds, Series 2003A (Bonds) of the City described in the
Official Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby
accepted, the proposal being to purchase the Bonds at a price of $____________ plus accrued interest to date
of delivery, for Bonds bearing interest as follows:
Year of
Maturity
Interest
Rate
Year of
Maturity
Interest
Rate
2005 2010
2006 2011
2007 2012
2008 2013
2009 2014
True interest cost: _________
1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of
$_________ is credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to
retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the
good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to
execute a contract with the Purchaser on behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 475
(Act), in the total principal amount of $_________, originally dated May 1, 2003, in the denomination of
$5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth,
and maturing serially on February 1 in the years and amounts as follows:
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Year Amount Year Amount
2005 2010
2006 2011
2007 2012
2008 2013
2009 2014
1.05. Optional Redemption. The City may elect on February 1, 2010, and on any day thereafter
to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part,
at the option of the City and in such manner as the City will determine. If less than all Bonds of a
maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the
particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot the
beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest
thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued
by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date
preceding the date of authentication to which interest on the Bond has been paid or made available for
payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or
made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the
date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the
date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year,
commencing February 1, 2004, to the registered owners of record thereof as of the close of business on the
fifteenth day of the immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and
paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with
respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to
the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity,
as requested by the transferor. The Registrar may, however, close the books for registration of any
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transfer after the fifteenth day of the month preceding each interest payment date and until that
interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the owner's attorney in
writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good
faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond
is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and
interest on the Bond and for all other purposes, and payments so made to a registered owner or upon
the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to
the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date
and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of
and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses
and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen
or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the
City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If the
mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in
accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof
identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the
redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be
redeemed at the address shown on the registration books kept by the Registrar and by publishing the
notice if required by law. Failure to give notice by publication or by mail to any registered owner, or
any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds
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so called for redemption will cease to bear interest after the specified redemption date, provided that
the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints the City Finance Director of the City of
St. Louis Park, Minnesota, as the initial Registrar. The City reserves the right to designate a successor
Registrar, in which case the following terms apply. The Mayor and the City Manager are authorized to
execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law
to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City
agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City
reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the
successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal
or interest due date, without further order of this Council, the City Director of Finance must transmit to the
Registrar monies sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of
the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager,
provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an
officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer
before the delivery of a Bond, such signature or facsimile will nevertheless be valid and sufficient for all
purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a
Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this
Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on a Bond is
conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon
payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the
Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or
more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may
be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery
of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
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No. R-___ $__________
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ST. LOUIS PARK
GENERAL OBLIGATION BOND, SERIES 2003A
Date of
Rate Maturity Original Issue CUSIP
May 1, 2003
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby
promises to pay to the Registered Owner specified above or registered assigns, the principal sum of
$__________ on the maturity date specified above, with interest thereon from the date hereof at the annual
rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2004, to the
person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a
business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender
hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by
the City Finance Director of the City of St. Louis Park, Minnesota, as Bond Registrar, Paying Agent, and
Transfer Agent, or its designated successor under the Resolution described herein. For the prompt and full
payment of such principal and interest as the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2010, and on any day thereafter to prepay Bonds due on or
after February 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and
in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption,
the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant will then
select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a
price of par plus accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax
exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10
million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $___________ all of like original
issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution
adopted by the City Council on April 21, 2003 (the Resolution), for the purpose of providing money to aid in
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financing the cost of certain public improvements in the City, pursuant to and in full conformity with the
home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Chapter 475, and the principal hereof and interest hereon are payable primarily from ad valorem
taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers
thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and
the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in
the event of any deficiency, which additional taxes may be levied without limitation as to rate or amount.
The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral
multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner
hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a
written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the
owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations.
Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the
transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving
payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice
to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this
Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required, and that the issuance of this
Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation
of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor
and City Manager and has caused this Bond to be dated as of the date set forth below.
Dated:
CITY OF ST. LOUIS PARK, MINNESOTA
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(facsimile) (facsimile)
City Manager Mayor
______________________________________
The following abbreviations, when used in the inscription on the face of this Bond, will be construed
as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
________________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the
books kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name as it
appears upon the face of the within Bond in every particular, without alteration or
any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee
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program" as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or
MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address: __________________________________________
__________________________________________
__________________________________________
(Include information for all joint owners if this Bond is
held by joint account.)
Please insert social security or other identifying
number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the books of
the Registrar in the name of the person last noted below.
Date of Registration Registered Owner Signature of Finance Director
Cede & Co.
__________________ Federal ID #13-2555119 _________________________
3.02. The City Manager is authorized and directed to obtain a copy of the proposed approving
legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as
to dating thereof and cause the opinion to be printed on or accompany each Bond.
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Section 4. Payment; Security; Pledges and Covenants.
4.01. The Bonds will be payable from the General Obligation Bonds, Series 2003A Debt Service
Fund (Debt Service Fund) hereby created, and the proceeds of the ad valorem taxes hereinafter levied are
hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due
when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will
pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for
those advances out of the proceeds of the taxes levied by this resolution, when collected. There is
appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any
amount over the minimum purchase price of the Bonds paid by the Purchaser, and (iii) the accrued interest
paid by the Purchaser upon closing and delivery of the Bonds.
4.02. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct
annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls
and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service
Fund above provided and is in the years and amounts as follows (year stated being year of levy for collection
the following year):
Year Levy
(See Attachment A)
4.03. It is determined that the estimated collection of the foregoing taxes will produce at least five
percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds.
The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that at the time the
City makes its annual tax levies the City Manager may certify to the Taxpayer Services Division Manager of
Hennepin County the amount available in the Debt Service Fund to pay principal and interest due during the
ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during
such year by the amount so certified.
4.04. The City Manager is authorized and directed to file a certified copy of this resolution with
the Taxpayer Services Division Manager and to obtain the certificate required by Minnesota Statutes, Section
475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser
and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to
the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and
transcripts as may be required to show the facts within their knowledge or as shown by the books and records
in their custody and under their control, relating to the validity and marketability of the Bonds, and such
instruments, including any heretofore furnished, will be deemed representations of the City as to the facts
stated therein.
5.02. The Mayor, City Manager and Finance Director are authorized and directed to certify that
they have examined the Official Statement prepared and circulated in connection with the issuance and sale
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of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and
accurate representation of the facts and representations made therein as of the date of the Official Statement.
5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the
payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond
Counsel) to Resource Bank & Trust Company, Minneapolis, Minnesota on the closing date for further
distribution as directed by the City's financial adviser, Ehlers & Associates, Inc.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will
not take or permit to be taken by any of its officers, employees or agents any action which would cause the
interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended
(the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and
that it will take or cause its officers, employees or agents to take, all affirmative action within its power that
may be necessary to ensure that such interest will not become subject to taxation under the Code and
applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. The City will comply with requirements necessary under the Code to establish and maintain
the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including
without limitation requirements relating to temporary periods for investments, limitations on amounts
invested at a yield greater than the yield on the Bonds and the rebate of excess investment earnings to the
United States.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them
or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
6.04. The City will use its best efforts to comply with any federal procedural requirements which
may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully
registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the
ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of
Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and
assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the
registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the
name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no
responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for
which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a
Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any
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ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar), of any notice
with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any
other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if
any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the
person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the
holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with
respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other
purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or
on the order of the respective registered owners, as shown in the registration books kept by the Bond
Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's
obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of
the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration
books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this
resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such
new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of
the same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond
Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary
for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying
Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that
they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the
Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer
and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the
provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the
Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under
applicable law. In such event, if no successor securities depository is appointed, the City will issue and the
Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions
hereof will apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the
contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with
respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will
be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in
the Representation Letter.
Section 8. Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out all of the
provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of
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default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to cause the City to comply
with its obligations under this section.
8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate
executed by the Mayor and City Manager dated the date of issuance and delivery of the Bonds, as originally
executed and as it may be amended from time to time in accordance with the terms thereof.
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The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF ST. LOUIS PARK )
I, the undersigned, being the duly qualified and acting City Clerk of the City of St. Louis Park,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council of the City held on April 21, 2003 with the
original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as
they relate to the issuance and sale of $_______________ General Obligation Bonds, Series 2003A of the
City.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this ______ day
of _______________, 2003.
City Clerk
St. Louis Park, Minnesota
(SEAL)
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STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S
CERTIFICATE AS TO
COUNTY OF HENNEPIN TAX LEVY AND
REGISTRATION
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby
certify that a certified copy of a resolution adopted by the governing body of the City of St. Louis Park,
Minnesota, on April 21, 2003, levying taxes for the payment of $_________ General Obligation Bonds,
Series 2003A, of said municipality dated May 1, 2003, has been filed in my office and said bonds have been
entered on the register of obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _____ day of _________________, 2003.
_____________________________
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
By___________________________
Deputy