HomeMy WebLinkAbout2003/11/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 3, 2003 – 7:30 p.m.
6:00 – Board and Commission Interviews (Westwood Room)
7:20 - Economic Development Authority
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations - None
3. Approval of Minutes
a. City Council Minutes of October 20, 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 - None
6. Public Hearings
6a Year 2003 Local Law Enforcement Block Grant Document
Public hearing to inform the public and allow for citizen input regarding the Police
Department budget and the relation of that budget to Local Law Enforcement Block
Grant fund disbursement
As a recipient of a Local Law Enforcement Block Grant Program award, the St.
Louis Park Police Department is requesting disbursement of $10,896.00 in grant
funds from the U.S. Department of Justice to be used for career development
training for department personnel
Recommended
Action:
Mayor to close public hearing. Motion to approve grant fund
award.
6b Public Hearing to Consider 2004 Utility Rates Document
First reading of an ordinance amending rates charged for Water, Sanitary Sewer,
and Storm Water Utility.
Recommended
Action:
Mayor to close public hearing. Motion to approve 1st reading
and set second reading for November 17, 2003.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a Establishing employer contribution for employer-provider cafeteria style benefit
programs for 2004. Document
Each year, the City Council is asked to approve an amount for Employer contribution
to the Cafeteria Benefit Plan. The amount is based on market and increased insurance
premiums.
Recommended
Action:
Motion to adopt resolution approving a $45/mo. increase in the
employer contribution for the cafeteria benefit plan for 2004.
8b Appointment of Thomas K. Harmening as Interim City Manager effective
November 17, 2003. Document
Providing for a transition between the departure of the current City Manager and
Council’s appointment of the next City Manager.
Recommended
Action:
Motion to adopt a resolution appointing Thomas K. Harmening
as Interim City Manager effective November 17, 2003.
8c First reading of the Tree Ordinance Revisions Document
The ordinance is being revised to reflect the changes in maintenance and removal costs
for boulevard trees.
Recommended
Action:
Motion to approve first reading and set second reading for
November 17th.
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 November 3, 2003
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to approve 2nd reading of an ordinance setting 2004 fees called for by ordinance,
approve the summary and authorize summary publication Document
4b Approve 2nd Reading of an Ordinance Amending Section 1-19 of the St. Louis Park
Code of Ordinances relating to fees and the process whereby fees are established,
approve the summary and authorize summary publication Document
4c Motion to accept for filing Parks and Recreation Advisory Commission Minutes of May
21, 2003 Document
4d Motion to accept for filing Parks and Recreation Advisory Commission Minutes of July
9, 2003 Document
4e Motion to accept for filing Board of Zoning Appeals Minutes of September 25, 2003
Document
4f Motion to adopt the attached resolution that accepts this report considering major
equipment replacement scheduled and budgeted for 2004. Document
4g Motion to accept for filing Telecommunications Advisory Commission of January 23,
2003 Document
4h Motion to accept for filing Telecommunications Advisory Commission of May 8, 2003
Document
4i Motion to accept for filing Telecommunications Advisory Commission of July 24, 2003
Document
4j Motion to adopt the attached resolution that declares the petition adequate for the
purposes of preparing a formal City Engineer’s Report on the feasibility and costs
associated with a proposed alley construction project in the 4200 block of Ottawa
Avenue. Document
4k Motion to approve the Subordination Agreement between U.S. Bank National
Association, the City of St. Louis Park, and the St. Louis Park Economic Development
Authority and Excelsior & Grand II LLC relative to the Excelsior and Grand Phase II
Project. Document
4L Motion to approve Second reading of Ordinance to vacate alley north of Block 7 Oak
Park Village originally platted in 1887 Rearrangement of St. Louis Park plat, to approve
summary and authorize publication CASE NO. 03-63-VAC, approve the summary and
authorize summary publication. Document
4m Motion to approve second reading and adopt an ordinance amending St. Louis Park
Ordinance Code (Zoning) relating to defining ornamental structures and standards for
their size and placement in yards; approve summary ordinance and authorize publication.
Case No. 03-45-ZA Document
4n Motion to authorize the Mayor and City Manager to execute Cooperative Agreement For
Elmwood Area Redevelopment Project with Hennepin County Document
4o Motion to adopt a resolution authorizing installation and special assessment of a fire
sprinkler system at 6215-6225 Cambridge Street and directing the Mayor and City
Manager to execute a special assessment agreement with the property owner. Document
4p Motion to adopt a resolution accepting construction of the Veterans’ Memorial
Amphitheater in Wolfe Park – Sunram construction Document
4q Motion to adopt a resolution accepting construction work on the 2002 Sidewalk
construction project – Thomas and Sons Document
4r Motion to adopt a resolution accepting work on entrance signs – Tekton Construction
Document
4s Motion to accept vendor claims for filing (Supplement)
4t Motion to approve Stormwater Facility Maintenance Declaration with the Minnehaha
Creek Watershed District to inspect and maintain Lamplighter Pond Document
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
November 3, 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: 110303 - 3a - Council Minutes October 20, 2003
Page 1 of 10
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
October 20, 2003
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Paul
Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Economic
Development Coordinator (Mr. Hunt); Planning and Zoning Supervisor (Ms. Jeremiah);
Director of Finance (Ms. McGann); Assistant Finance Director (Ms. Bursheim); Director
of Public Works (Mr. Rardin); Public Works Operations Superintendent (Mr. Hanson);
Public Works Coordinator (Mr. Merkey); Director of Inspections (Mr. Hoffman);
Planning Consultant (Mr. Ingraham); Associate Planner (Ms. Grove); City Clerk (Ms.
Reichert); and Recording Secretary (Ms. Samson).
2. Presentations: None
3. Approval of Minutes
3a. City Council Minutes of October 7, 2003
The minutes were approved with the following changes:
From Councilmember Basill: Item 8c, page 4, paragraph 6, change skate park to
recreation park.
From Councilmember Basill: Item 8c, page 5, paragraph 6, immediately after
Councilmember Basill, insert agreed and.
3b. City Council Study Session minutes of October 7, 2003
The minutes were approved as presented.
3c. Housing Summit Minutes of September 29, 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
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 2 of 10
Councilmember or a member of the audience, that item may be moved to an appropriate section of the
regular agenda for discussion.
4a Motion to approve Resolution No. final payment to Tekton Construction for the
completion of work on entry signage and site improvements (City Manager Mr. Meyer
recommended this item be deleted).
4b Motion to accept for filing the Planning Commission Minutes of September 17, 2003
4c Motion to accept for filing the Planning Commission Minutes of October 1, 2003
4d Motion to accept for filing the Human Rights Commission Minutes of August 20, 2003
4e Motion to accept for filing the Human Rights Commission Minutes of September 17,
2003
4f Motion to accept Vendor Claims for filing
City Manager Charlie Meyer recommended Council amend the agenda to delete Item 4a from the
Consent Calendar; its action is anticipated for the next Council meeting.
It was moved by Councilmember Sanger, 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. Public Hearing to consider renewal of Premises Permit Application –
Hopkins Raspberry Festival Association, Inc., operating at Al’s Bar, 3912
Excelsior Boulevard. Resolution No. 03-146
City Clerk Cindy Reichert said this is a renewal of an existing permit.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Basill, seconded by Councilmember Santa, to approve
Resolution No. 03-146 authorizing renewal of premises permit.
The motion passed 7-0.
6b. Public Hearing and first reading of Ordinance to vacate alley north of Block
7 Oak Park Village originally platted in 1887 Rearrangement of St. Louis
Park plat. CASE NO. 03-63-VAC
Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. The request has
been initiated by the City to vacate an alley north of EDA property located on the
northeast quadrant of Walker Street and Louisiana Avenue.
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 3 of 10
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
Ms. Jeremiah said re-platting shall include the property to the north, the Park Tavern
property, due to a minor lot line adjustment whereby the EDA-owned property shall lose
its handle-shaped area, which is currently used for Park Tavern’s overflow parking.
It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve
first reading of ordinance vacating alley north of Block 7 Oak Park Village originally
platted in 1887 Rearrangement of St. Louis Park (Block 165) plat and set second reading
for November 3, 2003.
The motion passed 7-0.
6c. 2004 Budget And Property Owner Service Charge for Special Service
District No. 1. Resolution No. 03-148
Public Works Coordinator Scott Merkley presented a brief report regarding the approval
of the 2004 budget and property owner service charges for Special Service District No. 1.
He said Special Service District No. 1 representative Elizabeth York is present.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve
Resolution No. 03-148 setting the 2004 Budget and Property Owner Service Charge for
Special Service District No. 1 and directing staff to certify the annual service charge to
Hennepin County.
The motion passed 7-0.
6d. 2004 Budget And Property Owner Service Charge for Special Service
District No. 2. Resolution No. 03-149
Mr. Merkley presented a brief report regarding the approval of the 2004 budget and
property owner service charges for Special Service District No. 2. He said Special
Service District No. 2 representative David Payne is present.
Mayor Jacobs opened the public hearing.
Mr. Payne said his District No. 2 ended with a major reduction in cost factors, members
received a rebate, and he complimented Mr. Merkley and John for their work.
Mayor Jacobs closed the public hearing.
It was moved by Councilmember Basill, seconded by Councilmember Velick, to approve
Resolution No. 03-149 setting the 2004 Operating Budget and Property Owner Service
Charge for Special Service District No. 2 and directing staff to certify the annual service
charge to Hennepin County.
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 4 of 10
The motion passed 7-0.
6e. 2004 Budget And Property Owner Service Charge for Special Service
District No. 3. Resolution No. 03-150
Mr. Merkley presented a brief report regarding the approval of the 2004 budget and
property owner service charges for Special Service District No. 3. He said Special
Service District No. 3 Advisory Board President Bob Cunningham is present.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilember Omodt, seconded by Councilmember Santa, to approve
Resolution No. 03-150 setting the 2004 Operating Budget and Property Owner Service
Charge for Special Service District No. 3 and directing staff to certify the annual service
charge to Hennepin County.
The motion passed 7-0.
6f. Public Hearing to Consider 2004 Fees
Ms. Reichert presented a Staff report regarding proposed revisions to the fee schedule to
reflect adjustments to fees charged for programs and services approved by ordinance.
Director of Finance Jean McGann said a fee study was done to determine if the City is
recuperating 100% of the cost associated with each individual fee. Ms. Reichert said
utility rates are still under study.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to
approve 1st reading and set second reading for November 3, 2003.
The motion passed 7-0.
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to set
public hearing for November 3, 2003 to consider Rates for Water, Sewer and Stormwater
Utilities for 2004.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public: None
8. Resolutions, Ordinances, Motions
8a. Snow Removal Parking Revisions.
Resolution No.’s 03-151, 03-152, 03-153
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 5 of 10
Public Works Operations Superintendent Mark Hanson presented a Staff report regarding
the consideration to continue the practice of exempting some areas from the snow
parking ban and to issue permits to allow on-street parking during snow parking bans.
Councilmember Omodt asked if caregiver permits would be issued on a per vehicle or per
address basis. Mr. Hanson said one caregiver permit would be issued per qualified
household but that permit would be in force on a 24/7 basis.
Councilmember Sanger said it would be a good idea to publish the list of exempt streets
on the City’s website. Mr. Hanson said that could be done.
Councilmember Basill said some streets that are currently proposed to be exempt should
probably not receive exemption status. Those streets are 37th Street and Wooddale and
Oxford Street, in front of a condominium building. Councilmember Basill requested
Staff to look at that.
Mayor Jacobs commended Staff for their work.
It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt
Resolution No.’s 03-151, 03-152, 03-153 which rescind Resolutions 97-115 and 97-116;
exempt various commercial and residential areas from the parking ban; and authorize
parking permits and set fees for 2003 as directed by Council at the October 13 Study
Session.
The motion passed 7-0.
8b. 1st Reading of an Ordinance Amending Section 1-19 of the St. Louis Park
Code of Ordinances relating to fees and the process whereby fees are
established
Ms. Reichert presented a brief report regarding proposed revisions to reflect statutory
requirements to set fees by ordinance. Ms. Reichert said there will be two readings.
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to
approve 1st reading and set second reading for November 3, 2003.
The motion passed 7-0.
8c. Revisions to the City’s Adopted Sidewalk, Trail, and Bikeway Systems.
Resolution No. 03-154
Director of Public Works Mike Rardin presented a Staff report regarding the revision of
the City’s officially adopted sidewalk, trail, and bikeway systems. Mr. Rardin distributed
a Supplemental Packet to Council just prior to tonight’s meeting.
Mayor J acobs invited audience members to speak.
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 6 of 10
Lou Shane, co-president of Cedarhurst Neighborhood Association, and Dan Steinberg,
member of the Cedarhurst Neighborhood Association, addressed the Council. They
would like a safe and legal connection to the trail. Mr. Steinberg submitted a copy of a
resolution (No. 2003-148) whereby the Minneapolis Park and Recreation Board supports
the citizen’s group and the Cedar Lake Park Association in their efforts to accomplish
finishing the Cedar Lake Regional Trail connection to the Mississippi River.
Councilmember Sanger requested a copy of the resolution, and Mr. Steinberg said he
would send a copy for the record.
Judy Brandt, 4316 Cedar Lake Road, said access to the regional park is a good idea but
the proposed ramp access location is undesirable, and she is concerned about parking and
traffic congestion.
JoAnn Gloder, 4300 Cedar Lake Road, said more traffic would be threatening. Ms.
Gloder does not want the access because it would bring more traffic.
Ron Warner, 2148 Glenhurst Road, has a resolution passed by the Minneapolis Park and
Recreation Board in conjunction with the Cedar Lake Park people. Mr. Warner said he
hopes St. Louis Park will sign on or endorse the resolution. He said the vegetation along
the cow path should be removed, as it is buckhorn. Mr. Warner said there is no handicap
access, and the access should be aesthetically pleasing. Mr. Warner commended
Councilmember Sanger and City Staff for their persistence—a resolution is needed.
A resident said the cul de sac is so small now that cars parked in the cul de sac are hit by
trucks trying to negotiate a turn around. He said the cost to expand the cul de sac should
be included as a reasonable engineering solution—he opposes that—but if a trail is
located there, additional traffic must be accommodated.
Judy Com, 3901 Cedar Lake Road, asked about access points and their connection
locations to the trail.
Sue Scott, 4207 Cedar Lake Road, said if the trail access were to happen and be
advertised throughout the county, then a convenient access on Cedar Lake Trail would
become a parking lot for her and her neighbors. Mr. Rardin said permit parking could be
imposed in the area of the Scott’s home. Ms. Scott would like an official statement that
the City not advertise or promote the access as a trial head.
Mr. Meyer asked the Council to give that directive.
Mr. Shane said the JCC would not object to people who use the trail to park in the JCC
parking lot, and if it became a problem, permits could be issued to members and those
who would like to purchase a permit.
Jim Wilson, 4201 Cedar Lake Road, said his street is a very busy dead end street. He
said his street is narrow and congested, and it has inherent dangers. Mr. Wilson said a
trail access would escalate the issue.
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 7 of 10
Michael Schup, 2318 Parkwoods Road, would like trails that go somewhere, such as the
Cedar Regional Trail, however, it is difficult to access. He favors more accesses.
A resident, 2151 Glenhurst Road, said a trail access is welcomed and she favors the
access.
Keith Pressing, 2000 Aldrich, Minneapolis, is president of the Cedar Lake Park
Association, and he said the Cedar Lake Trail needs a safe, all-season, legal, and ADA
accessible access. He requested better access from the north side of the Cedar Lake Trail
corridor soon.
Carrie Elbers, 4118 Forest Lane, proposed doing one access at a time to see how it goes.
Sharon Abelson, Cedar Lake Road, president of the Lake Forest Association, said France
Avenue is in desperate need of some sidewalks; there is no safe way to access Cedar lake
Trail; and she reported the neighborhood is distinctly divided in regard to the access.
John Bergquist, 2518 France Avenue South, thanked Councilmember Sanger and Mr.
Rardin for meeting with him. Mr. Bergquist said speeding problems on France Avenue
have been increasing. He said neighbors do not want to lose landscaping. Mr. Bergquist
would like to meet after the design review, and he would like to review the overall
concept of France Avenue, e.g., should there be stop signs? He wants France Avenue to
be treated as a residential street.
Scott Graham, 2525 France Avenue, favors the sidewalk.
It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to
adopt Resolution No. 03-154 which makes minor revisions to the official Sidewalk and
Trail Systems and designates attached Exhibit A as the official Trail and Sidewalk Map of
the City.
Ms. Brandt said she supports reviewing the Ewing Avenue access, which is now being
developed.
Councilmember Sanger said she supports the access, and she favors Ms. Scott’s
suggestion not to advertise the access as a park head trail.
Councilmember Basill said parking near accesses in and around residential areas will
have to be monitored.
The motion passed 7-0.
At 9:10 p.m., Mayor Jacobs called for a recess. At 9:17 p.m., Mayor Jacobs resumed the
meeting.
8d. First Reading on application of Bruce and Kathy Cornwall for proposed
zoning ordinance amendments to define ornamental features and amend
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 8 of 10
setbacks and standards for flagpoles, birdbaths and other ornamental
features. Case No. 03-45-ZA
Planning Consultant Greg Ingraham presented a Staff report. Mr. Ingraham said the
minimum yard setback would be three feet and ornamental structures, such as trellises,
are to be located within the three-foot yard area as long as they are no taller than the
allowed fence height; a front yard fence is allowed to be 3 ½ feet high, and a side and
rear yard fence is allowed to be six feet high. Mr. Ingraham said trees and shrubs are not
regulated by this.
Susan Bloyer, 2935 Pennsylvania Avenue South, said what we have here is a step in the
right direction. Ms. Bloyer said her concerns are: Section 36-73, yard encroachments, in
regard to the definition. Section 36-4, for ornamental structures, she asked: Are her
angel statues to face her neighbor—it presents a wording problem. Section 36-83, the
Cornwall’s “goal post” can be three feet and one inch from their lot line, so the problem
is not being eliminated, it is just being moved. Mr. Ingraham said Staff did not look
specifically at the Cornwall’s situation.
In regard to number 5, Ms. Bloyer asked: Does 5 include a trellis? She is troubled by the
wording “over purposeful pedestrian walkways,” it needs a better definition. Ms. Bloyer
said there is no connection between the first and second sentence in a.5. Ms. Bloyer
said, in general, she favors the change.
Bruce and Kathy Cornwall, 4320 Brook Avenue, addressed the Council. Mrs. Cornwall
recognized the hard work that has been done. She said the ordinance does not go far
enough, and she suggested the ordinance be eliminated.
Mr. Cornwall said, semantically, the language is flawed. Mr. Cornwall presented photos
on the overhead projector.
Mr. Cornwall said he would like to offer a friendly amendment, and that the following
modification to Section 36-73 a.5 be made: (5) One ornamental structure per lot line
with a maximum ten foot height and ten foot width within the required three foot yard
area. Mr. Cornwall listed the following comments to support the request to the
modification: 1) It is a simple clarification of language that addresses the reality of
existing installations throughout St. Louis Park; 2) it is enforceable with simple
measurements; 3) it allows for a wide variety of installations without being prescriptive;
4) it reduces the issues of semantics; and 5) it provides for some visual logic to the issues
of aesthetics and sight lines.
There was discussion to delete the first sentence of 5.
Jay Heinrich, 3021 Pennsylvania Avenue South, said City Staff should learn how to
handle problems and they should be trained to stop problems from the start.
Terry Klapinski, 2124 Parksland Road, said she is embarrassed to be a citizen of St.
Louis Park.
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 9 of 10
Shannon O’Kane said she has been constantly harassed by the City, and she has been
harassed by her neighbor, the Cornwalls. She showed a photo of what she sees from her
yard.
Councilmember Omodt asked Staff about enforcement. Ms. Jeremiah said enforcement
would be by complaint only; the complainant would need to be directly impacted by the
structure; health and safety issues would be enforceable with or without a resident
complainant.
Councilmember Omodt said it is the position of the Council that any dispute, like this
dispute, be recommended to mediation, and he would like to work this out through
mediation. He said the City is not out to tag people for ornamental features, it is only
when adjoining property owners cannot come to an agreement and will not seek
mediation. Councilmember Omodt said public education is vital.
Councilmember Basill is in agreement with Councilmember Omodt’s comments.
Councilmember Basill said neighbors should compromise, and the City should move
forward with the ordinance.
It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to
approve First Reading of an ordinance amendment that would further define ornamental
features and provide some flexibility regarding their placement in yards subject to
certain conditions and set Second Reading for November 3, 2003.
Mrs. Cornwall asked questions about enforcement, and what is meant by adjoining
property.
Mr. Meyer said it needs to be made clear that through the City’s Charter the City
Manager is responsible for the enforcement of the City’s ordinances, and various Staff,
such as the Police Chief, Fire Chief, and Zoning Administration are charged by the City
Manager with ordinance enforcement. The City Manager and some Staff have the
discretion to determine priority, and greater priority will be given to an issue of blight, an
issue of health, and an issue of imminent hazard than will be given to an issue of lesser
impact on the community. Mr. Meyer said there is no given formula to use that
discretion, and it requires balancing City Staff where the needs are most important.
Mrs. Cornwall said she and her husband agreed to mediation but Ms. O’Kane declined.
Ms. O’Kane said she would like to go to mediation if it where to be about how to have
respect for your neighbors and not about fences.
Mayor Jacobs strongly recommended that Ms. O’Kane try mediation.
The motion passed 7-0.
8e. Special Permit Amendment for Colonial Terrace Apartments for a major
parking lot expansion with a variance to modify the Special Permit which is
not in compliance with the parking requirements.
St. Louis Park City Council Agenda
Item: 110303 - 3a - Council Minutes October 20, 2003
Page 10 of 10
5621 & 5635 Minnetonka Blvd., Case No. 03-35-CUP & 03-36-VAR
Resolution No.’s 03-155 and 03-156
Ms. Grove presented a Staff report. Councilmember Sanger asked if an easement would
be needed for public traffic in the alleyway through the private property. Ms. Grove said
Staff is recommending as a condition of approval that the Applicant continue to allow the
public to access their property to continue along the right-of-way to get through the
alleyway, however, there is no formal agreement. Ms. Jeremiah said the Public Works
department does not think it necessary because they could always restore the rest of the
existing alley right-of-way to provide access in that regard.
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to
adopt Resolution No’s. 03-155 and 03-156 approving the special permit amendment
with variance, amendment to subject to conditions in the resolution.
The motion passed 7-0.
Mr. Meyer recognized the Applicant, Jim Soderberg, for his remarkable work in the
renovation of apartment buildings in St. Louis Park.
9. Communications
Councilmember Omodt announced that the St. Louis Park Community Foundation will
have a kick-off lunch this Friday at the DoubleTree Hotel, and all are invited to attend.
Councilmember Velick thanked Staff for their work at the Nature Center for the
Halloween party.
10. Adjournment
Mayor Jacobs adjourned the meeting at 10:37 p.m.
_____________________________________ ____________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 1 of 10
4a Motion to approve 2nd reading of an ordinance setting 2004 fees called for by
ordinance, approve the summary and authorize summary publication
Background:
MS 16B.685 enacted in 2001, requires municipalities to report expenses associated with
construction and development fees. This law is intended to ensure that fees charged are fair,
reasonable, and proportionate to the actual cost of the service for which the fee is imposed. In
addition, each municipality must adopt management and accounting procedures to ensure that
fees are maintained and used only for the purpose for which they are collected.
During the past year members of the Finance Department and our consultant, Springsted and
Assoc., have worked closely with departments to complete a thorough analysis of all fees which
are called for by ordinance and referenced in the city code. Direct costs as indirect costs such as
administrative support, supervisory labor costs, depreciation, benefits, cross-departmental
participation were identified and included part of the cost analysis for each fee.
All fees which are called for by ordinance have been studied and adjustments are presented in the
attached ordinance. The Finance Department staff will continue to evaluate service and program
fees set administratively by Department Directors and will make appropriate recommendations
for changes to those fees as needed.
Attachment: Ordinance Setting 2004 Fees
Prepared by: Cynthia Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 2 of 10
ORDINANCE NO. 2252-03
AN ORDINANCE ADOPTING FEES CALLED
FOR BY ORDINANCE FOR CALENDAR YEAR 2004
THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS:
Section 1. Fees called for within individual provisions of the City Code are hereby
set by this ordinance for calendar year 2004.
Section 2. The Fee Schedule as listed below shall be included as Appendix A of the
City Code and shall replace those fees adopted October 7, 2002 by Resolution #02-102 which is
hereby rescinded.
Section 3. This ordinance shall take effect January 1, 2004.
CHAPTER 1: GENERAL PROVISIONS
1-14 Administrative Penalties
First Violation $25
Each Subsequent in Same Season add $10 to previous fine
CHAPTER 3: ALCOHOLIC BEVERAGES
3-59 Liquor License
Non-intoxicating on-sale $750
Non-intoxicating off-sale $100
Intoxicating on-sale $7,500
Sunday Sale $200
Club (per # members)
1 - 200 $300
201 - 500 $500
501 - 1000 $650
1001 - 2000 $800
2001 - 4000 $1,000
4001 - 6000 $2,000
6000+ $3,000
Wine $2,000
Intoxicating off-sale $200
Temporary (On & Off sale) $50/day
New License Investigation $1,000
Store Mgr Investigation $500
CHAPTER 4: ANIMALS
4-88 Animal Impound
Initial impoundment $35
2nd offense w/in year $20
3rd offense w/in year $30
4th offense w/in year $60
Boarding per day $10
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 3 of 10
CHAPTER 6: BUILDINGS & REGULATIONS
6-32, 6-67 Plan Review
Building Permits 65% of Permit Fee
Single Family Interior Remodel Permits 35% of Permit Fee
Plumbing Permits 35% of Permit Fee
Mechancial Permits 35% of Permit Fee
Electrical Permits 35% of Permit Fee
Sewer and Water Permits 35% of Permit Fee
6-32 Building and Fire Protection Permits
Valuation Base Fee Plus For Each Additional
(or fraction thereof)
Up to $500.00 $35.50 -
$500.01 to $2,000.00 $35.50 $2.25 $100 over $500.01
$2,000.01 to $25,000.00 $69.25 $14.00 $1000 over $2,000.01
$25,000.01 to $50,000.00 $391.25 $10.10 $1000 over $25,000.01
$50,000.01 to $100,000.00 $643.75 $7.00 $1000 over $50,000.01
$100,000.01 to $500,000.00 $993.75 $5.60 $1000 over $100,000.01
$500,000.01 to $1,000,000.00 $3,233.75 $4.75 $1000 over $500,000.01
$1,000,000.01 and up $5,608.75 $4.25 $1000 over $1,000,000.01
6-32 Electrical permit
Installation, replacement, repair $40 + 1.75% of job valuation
Single family: one appliance $40
6-32 Mechanical Permit
Installation, replacement, repair $40 + 1.75% of job valuation
Single Family Exceptions:
Replace furnace, boiler or furnace/AC $55
Install single fuel burning appliance
with piping
$55
Install, replace or repair single
mechanical appliance
$40
6-32 Plumbing Permit
Installation, replacement, repair $40 + 1.75% of job valuation
Single Family Exceptions:
Repair/replace single plumbing
fixture
$40
Water treatment (softener or drinking
system)
$15
6-32 Sewer and Water Permit (all underground private utilities)
Installation, replacement, repair $40 + 1.75% of job valuation
Single Family Exceptions:
Repair/replace sewer or water service $40
6-32 Tent Permit
Tent over 200 sq. ft. $75
Canopy over 400 sq. ft. $75
6-35 After Hours Inspections $50 per hour (minimum 2 hrs)
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 4 of 10
6-69 Certificate of Occupancy
For each condominium unit completed
after building occupancy
$100
Change of Use (does not apply to 1 & 2 family dwellings)
Up to 5,000 sq ft $250
5,001 - 25,000 sq ft $400
25,001 to 75,000 sq ft $600
above 75,001 sq ft $800
6-69 Temporary Certificate of Occupancy $50
6-103 Building Moving $500
6-177 Certificate of Property Maintenance
Change in Ownership
Single Family Dwellings $185
Duplex (2 family dwellings) $250
Condominium Unit $115
All other buildings
Up to 5,000 sq ft $250
5,001 - 25,000 sq ft $400
25,001 to 75,000 sq ft $600
above 75,001 sq ft $800
6-187 Temporary Certificate of Property
Maintenance
$50
6-213 ISTS Permit (sewage treatment system
install or repair)
$125
CHAPTER 8: BUSINESS LICENSING
8-33 General License Fees
Commercial entertainment $250
Environmental emission $175
Food and Beverage
Class H+ $875
Large grocery store (25,000 s.f +.) $875
Small grocery store (to 25,000 s.f.) $750
Class H $600
Class M $400
Class L $175
Class V - Food vending machine $15
Public Sanitary Facilities
Class I $750
Class II $350
Class III $250
Massage Therapy Establishment $175
Lodging (Hotel/Motel)
Building Fee $100
Unit Fee $6
Multiple-Family Rental Housing
Building Fee $100
Unit Fee $6
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 5 of 10
Tobacco products & related device sales $450
Vehicle Parking facilities
Parking ramp $125
Enclosed Parking $175
Dog Kennel $125
Billboards $125 per billboard
8-33 Temporary Use Permits
Temporary Outdoor Retail Sales $100
Circuses, Carnival and Amusement Rides $250
Petting Zoos $50
Commercial Film Production
Application
$50
8-37 Insurance Requirements
Solid Waste $1,000,000 General Liability
Tree Maintenance & Removal $1,000,000 General Liability
Vehicle Parking Facility $1,000,000 General Liability
Circus $1,000,000 General Liability
Mechancial Contractors $1,000,000 General Liability
8-66 Contractor
Solid Waste $175
Tree Maintenance $50
Mechanical $85
8-67 Exam Fees (Competency)
Mechanical per test $25
Renewal - 3 year Mechanical $15
8-138 Solid Waste - Vehicle Decal $15
8-163 Tree Maint & Removal - Vehicle Decal $5
8-191 Late fee 20% of license fee (minimum $25)
8-192 Transfer of Ownership $50
8-258 Restaurant Smoking Area Surcharge $700
8-349 Sexually Oriented Business
Investigation fee (High Impact) $500
High Impact $4,500
Limited Impact $125
8-428 Pawnbroker
License Fee $2,000
Per Transaction Fee $1.50
Investigation Fee $1,000
Penalty $50 per day
8-514 Temporary Food Service
3+ Days $125
1 - 3 Days $75
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 6 of 10
Prepackaged food only $35
8-572 Solicitor/Peddler Registration $50
8-602 Dog License
Dog License - 1 year $15
Dog License - 2 year $25
Dog License - 3 year $35
Penalty for no license $35
Interim License $7
8-661 Courtesy bench $35 per
bench
CHAPTER 12: ENVIRONMENT
12-1 Food and Beverage Equipment Permit
Installation (Used equipment valued as
new)
$50 +1.75% permit valuation
Plan Review Fee 35% of Permit Fee
12-1 Public Swimming Pools
Permit Fees Building permit fees apply
12-2 Private Swimming Pools
Permit Fees Building permit fees apply
12-131 Noise
Temporary Permit $50
CHAPTER 14: FIRE
14-103 Fireworks Display Permit Actual costs incurred
CHAPTER 16: LAW ENFORCEMENT
16-34 Criminal Background Investigation
(Volunteers & Employees)
$5
CHAPTER 18: OFFENSES & MISC PROVISIONS
18-153 False Alarm
First $0
Each subsequent in same year $90
Late payment fee 10%
CHAPTER 21: PLANNING
21-33 Official Map Amendment $500
CHAPTER 22: SOLID WASTE MANAGEMENT
22-33 Special pickup (refuse/recycling/yard
waste)
$15 each
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 7 of 10
22-34 Extra Cart
30 Gallon $40 each
60 Gallon $44 each
90 Gallon $48 each
22-35 Extra refuse stickers $2.25 quarterly
22-37 Refuse/Garbage Service Rate
30 Gallon $32.78 quarterly
60 Gallon $43.35 quarterly
90 Gallon $53.93 quarterly
90+ Gallon $64.50 quarterly
22-37 Missed Pickup - Resident Credit
30 Gallon $32.78 quarterly
60 Gallon $43.35 quarterly
90 Gallon $53.93 quarterly
90+ Gallon $64.50 quarterly
22-37 Yard Waste Credit $3.00 Quarterly
22-37 Extended absence 31% credit for the # of weeks absent (per table below)
Number of
Weeks Absent
30 Gallon 60 Gallon 90 Gallon 90+ Gallon
1 $0.00 $0.00 $0.00 $0.00
2 $0.00 $0.00 $0.00 $0.00
3 $0.00 $0.00 $0.00 $0.00
4 $0.00 $0.00 $0.00 $0.00
5 $3.90 $5.20 $6.40 $7.70
6 $4.70 $6.20 $7.70 $9.20
7 $5.50 $7.20 $9.00 $10.80
8 $6.30 $8.30 $10.30 $12.30
9 $7.00 $9.30 $11.60 $13.80
10 $7.80 $10.30 $12.90 $15.40
11 $8.60 $11.40 $14.10 $16.90
12 $9.40 $12.40 $15.40 $18.50
13 $10.20 $13.40 $16.70 $20.00
14 $10.90 $14.50 $18.00 $21.50
15 $11.70 $15.50 $19.30 $23.10
16 $12.50 $16.50 $20.60 $24.60
17 $13.30 $17.60 $21.90 $26.10
18 $14.10 $18.60 $23.10 $27.70
19 $14.90 $19.60 $24.40 $29.20
20 $15.60 $20.70 $25.70 $30.80
21 $16.40 $21.70 $27.00 $32.30
22 $17.20 $22.70 $28.30 $33.80
23 $18.00 $23.80 $29.60 $35.40
24 $18.80 $24.80 $30.90 $36.90
25 $19.50 $25.80 $32.20 $38.50
26 $20.30 $26.90 $33.40 $40.00
22-37 Late payment penalty 10% of amount due (quarterly)
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 8 of 10
CHAPTER 24: STREETS, SIDEWALKS & OTHER PUBLIC PLACES
24-92 Record deed transfer with Henn Cnty $120 + Recording cost
24-122 Street, Alley, Utility Vacations $300
24-153 Installation/repair of sidewalk, curb
cut or curb and gutter
$100 per 100 linear feet (minimum $100)
24-251 Work in Public Right of Way
Hole in Roadway/Blvd $100 each
Trenching in Roadway $400 per 100 linear feet (minimum $400)
$200 per 100 linear feet (minimum $200)
Trenching in Boulevard
CHAPTER 26: SUBDIVISIONS
26-42 Subdivisions/Replats
Preliminary Plat $500 plus $50 per lot
Final Plat $250
Combined Process and Replats $750 plus $25 per lot
Exempt and Admin Subdiv $250
26-158 Residential Subdivider Fee - Trails $225
CHAPTER 30: TRAFFIC AND VEHICLES
30-44 Permit to exceed vehicle weight
limitations
$30 each
30-158 Snowfall parking permit
No off-street parking available No charge
Off street parking available $100 January 1, 2004 through August 31, 2004
Off street parking available $125 September 1, 2004 through December 31, 2004
Caregiver parking $25
30-160 Permit parking No charge
CHAPTER 36: ZONING
36-33 Conditional Use Permit $1,500
Major Amendment $1,000
Minor Amendment $500
36-33 Variances
Residential $300
Commercial $500
36-33, 36-36 Special Permit
Major Amendment $1,000
Minor Amendment $500
36-34 Zoning Map Amendments $1,000
36-34 Zoning Text Amendments $1,000
36-34 Comprehensive Plan Amendments $1,000
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 9 of 10
36-34 Filing Fee
Single Family $50
Other Uses $120
36-34 Time Extension $75
36-367 Planned Unit Developments
Preliminary PUD $1,250
Final PUD $750
Prelim/Final PUD Combined $1,500
PUD – Major Amendment $1,000
PUD – Minor Amendment $500
36-80 Erosion Control Plan
Application and Review $150
36-81 Tree Replacement
Cash in lieu of replacement trees $90 per caliber inch
36-162 Zoning Permit
Accessory Structures, 120 ft or less $25
36-339 Traffic Management Plan
Administrative Fee $0.10 per sq ft of gross floor
32-361 Parking Lot Permit
Installation/Reconstruction $75
36-362 Sign Permit
Installation of permanent sign $75
Installation of permanent sign w/ footing
insp.
$100
Erection of Temporary sign $30
Erection of Real Estate, constuction sign
40+ ft
$30
36-364 Fence Permit
Installation $15
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 110303 - 4a - Fee Schedule
Page 10 of 10
SUMMARY
ORDINANCE NO. _____ - 03
ORDINANCE SETTING 2004 FEES CALLED FOR BY ORDINANCE
This ordinance sets 2004 fees for permits, licenses, and other fees called for within the provisions
of the St. Louis Park Code of Ordinances. This ordinance is effective January 1, 2004.
Adopted by the City Council November 3, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Publish: November 13, 2003
St. Louis Park City Council Agenda
Item: 110303 - 4b - Fee Setting Process
Page 1 of 3
4b Approve 2nd Reading of an Ordinance Amending Section 1-19 of the St. Louis Park
Code of Ordinances relating to fees and the process whereby fees are established,
approve the summary and authorize summary publication
Fee Setting Process
On January 2, 2002, Council adopted code provisions regarding setting of fees. Chapter 1:
General Provisions of the Municipal Code requires fees to be reviewed and reestablished
annually at a public hearing. Current code language states that fees called for in the code are set
by resolution of council and listed as Appendix A to the city code. Recent changes to Minnesota
Building Codes and Statutes, however, require that fees called for by ordinance must also be set
by ordinance. The basic process as laid out in the general provisions section of our code remains
essentially the same, but the instrument (document) which must now be used to authorize fees
will be in the form of an ordinance rather than a resolution.
Attachment: Ordinance Amending Section 1-19: Fees
Submitted by: Cynthia Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 4b - Fee Setting Process
Page 2 of 3
ORDINANCE NO. 2253-03
AN ORDINANCE AMENDING SECTION 1-19 OF THE
ST. LOUIS PARK CODE OF ORDINANCES RELATING TO FEES
AND THE PROCESS WHEREBY FEES ARE ESTABLISHED
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Section 1-19 of the St. Louis Park Code of Ordinances is amended to read
in its entirety as follows:
Sec. 1-19. Fees.
(a) Set by ordinance. Fees called for within individual provisions of this Code are set by
ordinance of the city council and listed as appendix A of this Code.
(b) Annual review. Fees called for within individual provisions of this Code will be reviewed
and reestablished annually by the city council. A notice of public hearing will be
published once in the official newspaper no later than seven days prior to the hearing.
(c) New fees. New fees called for by any ordinance subsequently adopted may be adopted by
ordinance of the council at second reading and codified into appendix A at the time of the
next annual review by the council.
(d) Administrative fees. Department directors are given authority to set fees for other
programs and services performed by their division.
SECTION 2. Effective Date. This Ordinance shall be effective fifteen (15) days after its
passage and publication.
ADOPTED this 3rd day of November, 2003, by the City Council of the City of St. Louis
Park.
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 110303 - 4b - Fee Setting Process
Page 3 of 3
SUMMARY
ORDINANCE NO. _____ - 03
ORDINANCE AMENDING SECTION 1-19 OF THE
ST. LOUIS PARK CODE OF ORDINANCES RELATING TO FEES
AND THE PROCESS WHEREBY FEES ARE ESTABLISHED
This ordinance changes the authorizing document used by council to adopt fees from resolution to
ordinance as required by statute. This ordinance is effective fifteen (15) days after its passage and
publication.
Adopted by the City Council November 3, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Publish: November 13, 2003
St. Louis Park City Council Agenda
Item: 110303 - 4c - PRAC Minutes 5-21-03
Page 1 of 5
1
OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY COMMISSION
MAY 21, 2003 – 7 P.M.
REC CENTER PROGRAMMING OFFICE
MEMBERS PRESENT: Bruce Cornwall, Sarah Lindenberg, Nancy Nelson, and Dana Strong
MEMBERS ABSENT: Kirk Hawkinson, Dick Johnson, and Tom Worthington
STAFF PRESENT: Rick Birno, Jim Vaughan, Stacy Voelker, and Cindy Walsh
1. Call to order
Ms. Nelson, Chair, called the meeting to order at 7:14 p.m.
2. Adjustments to the agenda
None.
3. Approval of Minutes of April 23, 2003
Dick Johnson requested (via phone call prior to meeting) his name be removed from page two,
second paragraph from the bottom where it states “…new boardwalk at Westwood Hills Nature
Center and pointed out the new rails designed (by Mark Oestreich)”. Bruce Cornwall moved to
approve the minutes of the April 23, 2003 meeting with the correction requested by Mr.
Johnson, Dana Strong seconded. The motion passed 4-0.
4. New Business
None.
5. Old Business
A. Code of Conduct Discussion
Deferred to July meeting.
B. Update on Skate Park
Cindy Walsh indicated the design firm finished the skate park design with the assistance
from youth. The design is posted on the City’s web site at www.stlouispark.org. Ms.
Walsh advised that the kids liked the location chosen by Rec Center. Funding for the
skate park was to come from bonded money but may not be available due to budget
cuts. Other funding options are from Walser Ford or the Rotary Club. The approximate
total for the skate park is $70,000. Bruce Cornwall inquired about funding from the Park
Improvement Fund. Ms. Walsh will check on availability for using the Park
Improvement Fund. Ms. Walsh mentioned that if the Rec Center roof renovation came
in under the budgeted amount, staff might be able to use some of that money as it is
located on Rec Center grounds. Ms. Walsh indicated the League of Minnesota is
changing their skate park requirements which would impact ramps. It would allow
St. Louis Park City Council Agenda
Item: 110303 - 4c - PRAC Minutes 5-21-03
Page 2 of 5
2
ramps on a Tier One to be increased by one foot. Ms. Nelson inquired if the City needed
an individual to present the proposal to Walser Ford and Ms. Walsh indicated she would
advise if staff gets to that point. Mr. Birno advised the skate park in Glen Lake is a
similar style as the proposed plans. Ms. Walsh suggested having one of the youth come
to a Parks and Recreation Advisory Commission meeting to explain how and why they
chose the equipment that they did.
Ms. Nelson indicated it is very important to make the skate park legitimate to the kids
and community. Ms. Walsh also talked with the kids about having and abiding by rules
and regulations for the skate park and other, unauthorized places. The kids that attended
the meetings also helped establish the rules and advised of the jargon.
Mr. Strong inquired if the skate park could be built in 2004 if not in 2003 and Ms.
Walsh advised that could happened even if it means prolonging something else in the
CIP. Staff feels it is important enough as the kids helped create it and staff wants to
follow through on its creation.
C. Budget Update
Ms. Walsh advised at their May 19th meeting, the City Council decided to go through
with all budget cuts as proposed. Mr. Strong advised he felt they were real cuts and
complimented staff on their efforts. Ms. Nelson also complimented staff on their efforts
to create the budget cuts and advised the information provided by Charlie Meyer at their
last meeting was very helpful and very detailed.
Ms. Walsh informed the Commission that some items are going to be implemented this
year which include the closing of Oak Hill wading pool. This has generated a large,
negative response from residents and is advising individuals of the City’s future plan to
create a splash pad.
The City Council did ask for a modification to the rink proposal which included
flooding fewer rinks (four main ones at Browndale, Nelson, Northside and Oakhill) and
have those rinks open every day. The Commission agreed it was reasonable. Mr. Strong
inquired if the services cut in this process will be restored if the economy comes back.
Ms. Walsh advised it is an option. Mr. Cornwall recommended looking at it as
improved quality of service instead of cut service. Ms. Walsh reminded the Commission
that the park maintenance staff has snow plow routes in the winter. When staff is done
with their route, they will flood rinks in a priority order. This also gives staff an
opportunity to review the use of each rink.
Mr. Strong felt Charlie Meyer did a good job explaining the budget. He also indicated
this created opportunities to review use and opened doors to work with other
communities. Mr. Strong expressed his amazement that staff was able to cut as much as
they did and feels residents should not be upset but appreciate what they have.
Ms. Walsh advised the change in the tree policy (turned boulevard trees back to
residents) might be an issue but wants to maintain the integrity of our trees. Edina has
done this and have done a nice job. Ms. Walsh indicated staff would make more
revisions to ensure people cannot take down trees. This issue will come back to the
Commission prior to the ordinance revision for approval. This ordinance change will
St. Louis Park City Council Agenda
Item: 110303 - 4c - PRAC Minutes 5-21-03
Page 3 of 5
3
happen in fall to be in effect beginning in 2004. Ms. Walsh also indicated staff is
working on the CIP and changes will be brought to the Commission when the CIP has
been revised.
6. Communications
A. Chair
None.
B. Commissioners
Bruce Cornwall indicated he called the police non-emergency number to inform them of
individuals with dogs on the field at Louisiana Oaks Park. Mr. Cornwall felt police
dispatch was unreceptive to his request. Rick Birno advised the Soccer Association is
ready to assist with patrolling the fields, especially on weekends, and asked Commission
members to advise him if more issues arise. Mrs. Walsh advised she will discuss this
issue with John Luse, Chief of Police.
C. Program Report – Rick Birno / Jim Vaughan
Rick Birno distributed a draft of the Parktacular schedule of events and reviewed it with
the Commission. Mr. Birno also advised that Mojito’s is putting together a farmers
market to be held Saturday, June 21 by Excelsior and Grand. Mr. Birno then distributed
a calendar stating the Wolfe Park Amphitheater concert series for the summer. Advised
the calendar will be distributed in the community and available for handouts. Ms. Walsh
suggested having an open microphone night at the amphitheater next year where local
bands reserve a time to perform. The Commission was in favor of that idea. Mr. Birno
indicated staff is working on the relationship between the City and Parktacular to define
roles.
Jim Vaughan explained that Arbor/Earth Day was held on May 10. Twenty-five people
visited Aquila Park for this event. There were 10-15 trees lost in that area and the
volunteers re-seeded with the assistance of the Aqulia Neighborhood. Six mature trees
were planted in various spots and approximately 75 native seedlings and shrubs were
also planted. Mr. Vaughan advised seedlings were given away to children, buckthorn
was pulled, volunteers cleaned up the park, and two annual flowerbeds were planted. It
was a fun time and successful event.
Mr. Vaughan distributed brochures regarding areas in the Environmental Division and
briefly explained them. Mr. Strong indicated he heard there was a good deer population
this year. Mr. Vaughan agreed, as there was little snowfall. Staff has recently received
calls from Westwood Nature Center area regarding the increase in deer population. Mr.
Vaughan advised another harvest of deer is planned for in the fall of this year and
advised staff doesn’t make a big deal of it as it is a controversial issue.
Mr. Vaughan informed the Commission the FIN program is coming to Wolfe Lake next
week. There will be plantings on approximately 1,000 feet of shoreline. Mr. Vaughan
passed around samples of habitat restoration signs that are considered to post around
Wolfe Lake. The stocking of fish will also occur soon. Ms. Walsh indicated the
sentenced to serve crew would do the plantings.
St. Louis Park City Council Agenda
Item: 110303 - 4c - PRAC Minutes 5-21-03
Page 4 of 5
4
Mr. Strong inquired how the flowerbeds in parks would be maintained in parks due to
the budget adjustments. Mr. Vaughan advised there are 25 flowerbeds this year that will
be planted and maintained by volunteers. Mr. Strong and Mr. Cornwall expressed an
interest in volunteering at Browndale Park. Mr. Vaughan indicated the Browndale
Neighborhood Association maintains the perennial beds in the park and a resident
maintains the other flowerbed. Mr. Vaughan advised the flower budget has been cut in
half. Staff hopes people will see empty gardens and volunteer to plant and maintain
them. This has not been publicized yet as budget cuts have not been fully completed.
Mr. Strong questioned if staff will contact neighborhood associations first and Mr.
Vaughan indicated staff will contact the president of the neighborhood association as
that is the best way to get the word out. Mr. Vaughan indicated staff has discussed
encouraging a plant giveaway as people separate their plants for neighborhood parks and
individuals in the neighborhoods.
Mr. Vaughan advised the garden plots moved from Bass Lake to Texa Tonka. There are
12 plots at $15 per plot and St. Louis Park residents get first priority. At this time, they
are all filled and there is a waiting list. Mr. Vaughan indicated the Birchwood
neighborhood has a garden plot on City leased land and the Bonx neighborhood has one
by Nelson Park. Commission members stated they feel garden plots are very nice,
beneficial to people, and a visual aspect of the community. Mr. Vaughan advised the
City waters and tills each plot at the end of the season.
Mr. Vaughan advised Dutch Elm disease is kicking in and staff is predicting lower
numbers of infected trees this year (last year was second highest year due to lack of
snow and cold weather). The average is 450 trees removed per year but last year staff
removed 640 trees. Mr. Vaughan indicated a lot of people inject their elms, which is
encouraged. Of the trees injected, only .05percent get infected so the injection is highly
effective. Mr. Cornwall inquired if residents will get money back for boulevard trees
from the injection program. Ms. Walsh advised staff is proposing 40% subsidiary no
matter where the tree is located on the property (for 2004).
Mr. Strong inquired if Mr. Vaughan is dismayed with the staff cuts due to budget
reductions. Mr. Vaughan stated his fear is that staff would get more negative comments
from people and hope to work out a system to recommend certified tree trimming. Mr.
Cornwall inquired if NSP needs to be approved by the City when contracting for tree
trimming and Mr. Vaughan indicated the do not get approval and are on an 8-10 year
cycle.
The Commission thanked Mr. Vaughan.
D. Director’s Report
Ms. Walsh advised the Aquatic Park opens June 5th. Staff is working on cutting back
front desk hours at the Rec Center (part of the budget reduction) and will add a locked
drop box. The new hours will be posted and advertised.
Ms. Walsh indicated Oak Hill neighbors feel slighted as the wading pool closed, Stendel
slide closed, Wednesday evening concerts moved to Wolfe Park and the ice cream
social moved to Wolfe Park. Staff received good comments for having the fireworks at
Aquila Park. Staff feels it may be difficult to sit and see the fireworks if they were to
St. Louis Park City Council Agenda
Item: 110303 - 4c - PRAC Minutes 5-21-03
Page 5 of 5
5
move back to Louisiana Oaks Park. Ms. Walsh advised it was not intentional to remove
items from that area but wanted to advise Commission members in case they received
comments.
Ms. Walsh advised the Rec Center roof project is underway and progressing smoothly.
The only issue is the water that comes into the building after a rainfall. Some of the
water was anticipated but not all which included water in the Gallery and in the hallway
outside of the Gallery. Ms. Walsh indicated Meisinger Construction Company has been
very cooperative and agreed to replace panels in the Gallery at their expense. They are
beginning to take down the beams, which are then laid on concrete slaps prior to being
cut up for removal. The steel beams are expected to be delivered next week for
installation. The West Arena will look similar to the East Arena. Ms. Walsh indicated
the only unknown is what to expect when the floor is removed as there’s year-round
frost under the concrete floor. Replacement of the floor has been included in the project
as the weight of the crane will ruin it and it is 33 years old. Also, given the soil
conditions of the site, it is unknown what’s under the floor. If there are bad soil
conditions, they may have to excavate. The Commission was invited to walk in Wolfe
Park to see the project and amphitheater after the Commission meeting.
Ms. Walsh advised the Commission should discuss summer meeting dates as it is more
difficult to get a quorum in the summer. The Commission discussed how soon they need
to meet on the Code of Conduct and when it will be ready for presentation. Mr. Strong
feels the subcommittee needs to clarify items prior to bringing to a regular Commission
meeting. Ms. Nelson indicated the Code of Conduct should be completed by fall of this
year. Ms. Walsh advised she would also like the Commission to review the CIP prior to
bringing it to Council. The Commission agreed to cancel their June and August meeting
with the July meeting to be held on July 9th. Ms. Voelker will advise absent members of
meeting schedule and verify a quorum will be present. The July agenda will include
review of the Code of Conduct and review of the revised CIP. The Commissions regular
scheduled meetings will resume on the third Wednesday in September.
7. Adjournment
Moved by Dana Strong and seconded by Bruce Cornwall to adjourn. Motion passed 4-0. With
no further business, the Commission adjourned at 8:31 p.m.
Minutes prepared and
respectfully submitted by,
Stacy M. Voelker
Recording Secretary
St. Louis Park City Council Agenda
Item: 110303 - 4d - PRAC Minutes 7-9-03
Page 1 of 4
OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY COMMISSION
JULY 9, 2003 – 7 P.M.
REC CENTER PROGRAMMING OFFICE
MEMBERS PRESENT: Bruce Cornwall, Kirk Hawkinson, Dick Johnson, Sarah Lindenberg,
Dana Strong and Tom Worthington
MEMBERS ABSENT: Nancy Nelson
STAFF PRESENT: Rick Beane, Stacy Voelker and Cindy Walsh
1. Call to order
Tom Worthington, Vice-Chair, called the meeting to order at 7:06 p.m.
2. Adjustments to the agenda
None.
3. Approval of Minutes of May 21, 2003
Bruce Cornwall advised of a change on page 1, first paragraph, and sixth sentence under Update
on Skate Park. Bruce Cornwall moved to approve the minutes of the May 21, 2003 meeting
with the correction, Dana Strong seconded. The motion passed 6-0.
4. New Business
A. 2003 – 2004 Capital Improvement Program (CIP) Review
Cindy Walsh distributed the 2003 – 2004 Capital Improvement Program to all
Commission Members. Dana Strong asked if the CIP was affected by budget cuts. Ms.
Walsh advised that 1% of tax levy goes into the Park Improvement Fund which has
happened for the last four years with no indication to change. This amounts to
approximately $100,000. Either this fund or bonds are used for improvement projects.
The Park Improvement Fund has approximately $300,000 now. The City lost all local
government aid but the State will not take away homestead credit in which staff
recommended Council to use 70% of that on parks (approximately $800,000). Staff also
recommended using the sale of excess property as additional funding which would
involve the Commission. These equal approximately 1 million per year. In 2004 staff
will be allowed to use that but unsure of what will happen in 2005. Mr. Strong
wondered if the CIP budget is tied to the homestead credit? Ms. Walsh indicated they
are not specifically tied together. Commission members commented that Council has
been very receptive.
Ms. Walsh reviewed the CIP projects (attached) with the Commission. The restrooms
on the upper level of the Rec Center by the Banquet Room need to be renovated, as they
are not handicap accessible. Playgrounds are reviewed and replaced on a ‘safety first’
St. Louis Park City Council Agenda
Item: 110303 - 4d - PRAC Minutes 7-9-03
Page 2 of 4
condition. Mr. Beane advised anything that is unsafe is removed immediately. CIP items
are to restore these unsafe items which is typically on a 13 year cycle which is the
average life cycle of equipment. There are 3 – 5 replaced per year. Staff’s goal is to have
all playground equipment on 13-year cycle.
Ms. Walsh explained the north end of Bass Lake was completed previously and this
reconstruction is a different area. Oak Hill Park area will all be renovated in 2004. This
includes the trails, grading ballfield areas, installing different water features, and
replacing the warming shelter and large picnic shelter. Ms. Walsh advised staff will ask
Council approve renovation of Walker Park this year also. Ford Park is complete and
staff is very pleased with the renovation. Edgebrook basketball court will receive an
overlay and playground equipment.
Ms. Walsh advised that painting and striping come out of the maintenance fund as well
as the rebuilding of the compressor rebuilding. Ms. Walsh reviewed potential changes at
Westdale Park with the Commission.
Ms. Walsh reviewed the 2005 CIP with the Commission. Ms. Walsh advised she
informed Council that staff is comfortable with the 2004-2005 budget. The 2006 – 2008
CIP may have changes.
Ms. Walsh advised that staff keeps track of winter rink use and that determines the need
for park buildings. Staff will talk with neighborhoods to determine what is needed in
each park. The Commission inquired about the tree replacement fund. Ms. Walsh
advised there are funds to replace trees each year, as the City wants to have some
control over what trees are planted. The Commission agreed it is a benefit for the City.
Ms. Walsh reviewed the CIP for 2006. Mr. Strong inquired if the upgrade to Paul Frank
could be moved up and Ms. Walsh advised she has noted the suggestion. The
Commission reviewed the CIP for 2007. Mr. Johnson feels negotiations will need to be
very diplomatic and are very important. Ms. Walsh advised that 2007 is the next year
the City could feasibly purchase bonds.
Ms. Walsh reviewed the 2008 CIP with the Commission and advised staff would like to
move up the sun shelter additions. Mr. Worthington inquired on the status of a Frisbee
Golf course. Ms. Walsh indicated the Task Force suggested the course be located on the
hill by Oak Hill Park. Mr. Worthington inquired on the renovation of the Nature Center
building. Ms. Walsh advised the funding will come from the municipal building fund
and will be renovated this fall. Ms. Walsh indicated staff will ask Council for funding to
hire a consultant to obtain standard park buildings with common themes.
Mr. Strong inquired what Ms. Walsh would like from the Commission. Ms. Walsh
would like Commission to review the CIP and pass along comments via e-mail or phone
to her within the next week or two. Mr. Strong motioned to approve concept and in
general the CIP, Mr. Johnson seconded. Motion approved 6-0.
Mr. Worthington inquired if the City has discussed obtaining lightening detector
equipment, as Louisiana Oaks Park would be a good location to have it. Ms. Walsh
advised Mr. Beane would check into.
5. Old Business
St. Louis Park City Council Agenda
Item: 110303 - 4d - PRAC Minutes 7-9-03
Page 3 of 4
A. Code of Conduct Discussion
Tom Worthington advised the subcommittee have no recommendation to be made at
this point. Mr. Worthington distributed samples of literature the Soccer Association
distributes regarding their Code of Conduct and a warming card when issues arise. The
Commission discussed the literature and agrees with it. Mr. Worthington advised the
subcommittee would discuss a similar type of card to use and have minimum standards
for all associations. Rick Beane inquired if signage on fields will be discussed and Mr.
Worthington advised they might want that. The subcommittee will have a
recommendation at the September meeting.
6. Communications
A. Chair
None.
B. Commissioners
Tom Worthington stated the July 4th fireworks were the best ever. Ms. Walsh advised
staff has received a lot of good comments and has contracted with the same company
for 2004. Mr. Worthington also commented that Parktacular and the Allegory of
Excelsior were very nice.
Bruce Cornwall inquired on the Chief of Police’s response to protecting the Louisiana
Oaks ball fields. Ms. Walsh advised the Police Chief has acted and more police officers
are on duty (in cars and on foot) around the area.
Dick Johnson inquired if skateboarders will be banned around the statue in front of the
Rec Center when the skate park is complete. Ms. Walsh advised they will and the kids
indicated they would also help monitor.
Dick Johnson indicated he felt that Parktacular has improved but still holds more
opportunities. Mr. Johnson indicated the crowd is growing but he feels there is still too
much involvement from Parks and Recreation staff. He also feels the Sun Sailor needs
better pictures for their paper
Sarah Lindenberg advised she heard a lot of positive feedback from the fireworks event.
Kirk Hawkinson advised he received positive comments on the High School field and
feels Louisiana Oaks field will be great also.
C. Program Report – None
D. Director’s Report
Cindy Walsh indicated that a member of the Soccer Association would like to make a
presentation to the Commission at their September meeting to discuss their paid staff,
their fees and who is eligible.
Ms. Walsh advised the next Commission meeting will be held Wednesday, September
17. Prior to that, Louisiana Oaks Park will have its grand opening on September 13 in
the early afternoon and the Commission members will receive notification prior to that
event. Ms. Walsh advised there will be a music festival at the Wolfe Park Amphitheater
St. Louis Park City Council Agenda
Item: 110303 - 4d - PRAC Minutes 7-9-03
Page 4 of 4
on September 20 - 21 and reminded members of the weekly concerts. Ms. Walsh
encouraged the Commission members to attend.
Dick Johnson inquired how many ice rinks would be maintained this winter. Ms. Walsh
advised that staff is working on with Council and the Commission will discuss at their
September meeting.
7. Adjournment
Moved by Kirk Hawkinson and seconded by Bruce Cornwall to adjourn. Motion passed 6-0.
With no further business, the Commission adjourned at 8:31 p.m.
Minutes prepared and
respectfully submitted by,
Stacy M. Voelker
Recording Secretary
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 1 of 16
MINUTES SEPTEMBER 25, 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, September 25, 2003, at St. Louis Park City Hall, 5005 Minnetonka Boulevard,
St. Louis Park, Minnesota.
Members Present: Chair Susan Bloyer
Vice Chair Ryan Burt
Commissioner James Gainsley
Commissioner Tom Powers
Commissioner Paul Roberts
Members Absent: None
Staff Present: Gary Morrison, Assistant Zoning Administrator
Nancy Sells, Community Development Administrative Secretary
1. CALL TO ORDER – ROLL CALL
Chair Bloyer called the regular meeting to order at 7:00 p.m.
2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES
Motion by Commissioner Gainsley, seconded by Commissioner Powers, to approve the
following minutes as presented.
1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated
August 28, 2003.
Motion Carried. Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None.
3. CONSENT AGENDA
Chair Bloyer asked staff if Case #03-53-VAR, Kim Hochstein of the August 28, 2003 agenda
should have been added onto the consent agenda for resolution changes since an additional
condition was added at the meeting or is approval not needed for the revision?
Mr. Morrison stated that at the meeting in August you made specific conditions to add to the
resolution which at that time the Board agreed to those additions and motioned for approval.
4. PUBLIC HEARINGS/COMMITTEE BUSINESS
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 2 of 16
A. Case No. 03-56-VAR – The request of Brian Hamilton for variances from the
requirements of Section 36-164(f)(3), 36-164(f)(12) and Section 36-162(c)(7)b.1.i of
the Ordinance Code relating to zoning to allow the construction of a detached, two
car garage which exceeds the maximum allowable coverage of 25% of the area
between the house and the rear lot line, does not meet the required 15 foot side yard
abutting a street and does not meet the required 400 square feet of usable open
space in the rear yard, both for property located in the “R-2” Single Family
Residential District 3101 Idaho Avenue South.
In as much as staff believes that all 7 criteria have been satisfied for the proposed variance to the
required 400 square feet of usable open space in the rear yard; and in as much as staff believes
that all 7 criteria have been satisfied for the proposed variance to the required 25% maximum
back yard coverage for accessory buildings and to the required 15 foot side yard abutting a street
subject to the depth of the garage being reduced from 24 feet to 22 feet, and the driveway being
built out of the clear view triangle, staff recommends approval of the enclosed Resolution #10-03
approving the request for the following variances:
1. A variance to Section 36-164(f)(12) to allow the required 400 square feet of open space to
be provided in the back yard as defined in the zoning ordinance, rather than the rear yard also
defined in the zoning ordinance.
2. A variance to Section 36-162(c)(7)b.1.i for a maximum of 31% back yard coverage
instead of the required maximum of 25% back yard coverage for accessory buildings.
3. A variance to Section 36-164(f)(3) to allow a 10.85 foot side yard abutting a street instead
of the required 15 feet. Subject to the driveway being built entirely outside of the clear view
triangle per section 36-76.
Commissioner Gainsley asked staff to explain the reason of reducing the garage depth of 22 feet
instead of the requested 24 feet?
Mr. Morrison stated that 22 feet will be pulling the front wall further away from the street which
will create more of a parking area for vehicles and also staff was looking for a typical garage size
for detached garages. Staff has agreed that 22 x 24 feet is acceptable.
Commissioner Gainsley stated that presently the lot width is 36 feet and the original platted lot
was 25 feet, apparently a additional 11 feet was added possibly from an alley, are there any
easements for this property?
Mr. Morrison stated that there are no easements called out for this property.
Commissioner Gainsley asked staff if the neighboring lots are similar in size to the applicants?
Mr. Morrison stated that the majority of them are 40 feet in width except for the corner lots.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 3 of 16
Chair Bloyer asked staff to help her understand the required setbacks whereas stated throughout
the staff report a 3 foot setback variance required but if she were to subtract the 10.85 feet from
the 15 feet for the side yard abutting a street she receives a total setback variance amount of a
little over 4 feet. Also, if we were to remove 2 feet from the proposed garage that would still not
give us a total of 3 feet. Can staff explain?
Mr. Morrison stated that 15 feet is required. The applicant is proposing a 24-foot wide garage.
The two-foot setback and a 24 foot wide garage comes to 26 feet and leaves a 10.85 foot setback
abutting the street. If we were to take away 2 feet from the garage that would knock the setback
up to 12.85 feet which would basically be a 3-foot variance.
With no more questions, Chair Bloyer opened the public hearing.
Brian Hamilton, applicant of 3101 Idaho Avenue South stated that he is asking for a 24 x 24 foot
garage because he owns a Ford F-150 that measures 21 feet, and for him to put 8 inch block at
the back and front wall to build a garage that would remove 16 inches from a 22 foot and give
him a total garage size of 20 feet 8 inches which would not allow him to park his vehicle inside
the garage and require him to park in the driveway. Also, his daughter will be driving a vehicle
soon which will require her vehicle to be park in the driveway which is why he would like the
commissioners to consider allowing him to building a garage 24 x 24 feet.
Commissioner Gainsley asked Mr. Hamilton that the variance would not benefit him if it were
not 24 x 24 feet?
Mr. Hamilton stated that he would still build the garage but he wouldn’t be able to park his
vehicle inside and would need to park his vehicle in the street, which soon will not be allowed.
Chair Bloyer asked Mr. Hamilton if a second vehicle would be parked in the garage?
Mr. Hamilton stated his wife would also be parking her vehicle in the garage, his daughter will
be parking in the driveway and he also has a fourth vehicle that is a classic car, which will be
stored elsewhere.
Commissioner Powers stated to staff that the applicant does have a problem with the size of his
vehicles, is there anything we can do to accommodate?
Mr. Morrison stated that if Mr. Hamilton were reduced to 22 feet the vehicle would not fit in the
garage that would require him to park in the driveway which would be obstructing view out into
the alley.
With no more questions, Chair Bloyer closed the public hearing.
Commissioner Gainsley stated he would like to know the safety ramifications of the 2 feet
difference.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 4 of 16
Mr. Morrison stated that if the garage were reduced to 22 feet that would give a 12-foot setback,
which is the idea of creating as much space possible between the garage and the curb to keep the
vehicles out of the visible triangle.
Commissioner Gainsley asked staff to draw the area of where the visibility triangle is located on
the survey.
Mr. Morrison drew the visibility triangle and explained that when a 21-foot truck is parked in the
driveway it will cause difficulty for other vehicles in the alley.
Commissioner Gainsley stated that parking the truck in the garage is the only logical way.
Mr. Morrison agreed.
Commissioner Gainsley stated the applicant already has the vehicle and building this garage is
really not a matter of convenience but a matter of reality and is in favor of granting the variance
to build a garage of 24 x 24 feet.
Commissioner Powers stated he appreciates staff’s effort but agrees with Commissioner Gainsley
and also would like to point out that it will increase the space before the angle, which will lessen
the possibility of parking in the visibility triangle.
Commissioner Roberts stated that we need to look at public safety and work on keeping vehicles
off streets and out of driveways which may cause a inconvenience to others and would like to
support the variance of allowing a garage of 24 x 24 feet.
Commissioner Burt stated he agrees with Commissioners Gainsley, Powers and Roberts and
would like to point out that he owns a one car garage with Ford Ranger pick-up which barely fits
in his garage and knows the challenge the applicant would need to deal with and would like to
move approval of the variance with the amendment that the garage be constructed at 24 feet.
Motion by Commissioner Burt, seconded by Commissioner Gainsley, to amend staff’s
recommended resolution #10-03 and to grant variances to allow the construction of a garage of
24 feet x 24 feet and approving the request for the following variances:
1. A variance to Section 36-164(f)(12) to allow the required 400 square feet of open space to
be provided in the back yard as defined in the zoning ordinance, rather than the rear yard also
defined in the zoning ordinance.
2. A variance to Section 36-162(c)(7)b.1.i for a maximum of 33% back yard coverage
instead of the required maximum of 25% back yard coverage for accessory buildings.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 5 of 16
3. A variance to Section 36-164(f)(3) to allow a 10.85 foot side yard abutting a street instead
of the required 15 feet. Subject to the driveway being built entirely outside of the clear view
triangle per section 36-76.
Chair Bloyer stated she had done an inspection of the property and had noticed that the
neighboring property had a large truck that was very tightly parked in a driveway.
Motion Carried: Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None.
B. Case No. 03-57-VAR - The request of Chad and Debbie Krohnfeldt for variances
from the requirements of Section 36-164(f)(3), 36-164(f)(12) and Section 36-
162(c)(7)b.1.i of the Ordinance Code relating to zoning to allow the construction of a
detached, two garage which exceeds the maximum allowable coverage of 25% of the
area between the house and rear lot line, does not meet the required 15 foot side
yard abutting a street and does not meet the required 400 square feet of usable open
space in the rear yard, both for property located in the “R-2” Single Family
Residential District at 3100 Hampshire Avenue South.
In as much as staff believes that all 7 criteria have been satisfied for the proposed variances, staff
recommends approval of the enclosed Resolution #11-03 approving the following variances:
1. A variance to Section 36-164(f)(12) of the Ordinance Code relating to Zoning to allow
the required 400 square feet of open space to be provided in the back yard, as defined in the
zoning ordinance, rather than the rear yard, also defined in the zoning ordinance.
2. A variance to Section 36-162(c)(7)b.1.i for a maximum of 28% back yard coverage
instead of the required maximum of 25% back yard coverage for accessory buildings.
3. A variance to Section 36-164(f)(3) to allow a 11.45 foot side yard abutting a street instead
of the required 15 feet for an 8 x 22.5 foot addition to an existing garage (total size 22 x 24.2
feet).
Commissioner Gainsley asked staff to draw the area of where the visibility triangle is located on
the survey.
Mr. Morrison showed the Commissioner the position of the existing garage that is 16 x 22 feet
with a proposed addition to the east of 8 feet with a existing driveway to the north which will be
widened and the visibility triangle is located at that area along the curb of West 31st Street. Staff
is recommending that the driveway be constructed in such a manner so that you would enter the
garage at an angle.
Commissioner Roberts stated he is understanding that staff is recommending the driveway be
constructed outside of the visibility triangle but doesn’t seem to be documented in the staff report
or resolution.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 6 of 16
Mr. Morrison stated that it is in the staff report but not in staff’s recommendation or the
resolution but it can be added.
No more questions, Chair Bloyer opened the public hearing.
Chad Krohnfeldt, applicant of 3100 Hampshire Avenue South stated that he would only like to
add on additional 8 feet towards his home to create a two-car garage.
Chair Bloyer asked Mr. Krohnfeldt if that was his large truck she saw while inspecting Mr.
Hamilton’s property?
Mr. Krohnfeldt stated that was his vehicle but it will be parked in the garage.
No more questions, Chair Bloyer closed the public hearing.
Commissioner Burt stated that this variance is very similar to the previous variance and would
like to recommend approval of the variance with corrections to the resolution adding a condition
that the driveway be constructed outside of the visibility triangle.
Motion by Commissioner Burt, seconded by Commissioner Powers, to amend staff’s
recommended resolution #11-03 and to grant variances to allow the construction of a garage of
22 feet x 24.2 feet and approving the request for the following variances:
1. A variance to Section 36-164(f)(12) of the Ordinance Code relating to Zoning to allow
the required 400 square feet of open space to be provided in the back yard, as defined in the
zoning ordinance, rather than the rear yard, also defined in the zoning ordinance.
2. A variance to Section 36-162(c)(7)b.1.i for a maximum of 28% back yard coverage
instead of the required maximum of 25% back yard coverage for accessory buildings.
3. A variance to Section 36-164(f)(3) to allow a 11.45 foot side yard abutting a street instead
of the required 15 feet for an 8 x 22.5 foot addition to an existing garage (total size 22 x 24.2
feet). Subject to the driveway being built entirely outside of the clear view triangle per section
36-76.
Motion Carried: Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None.
C. Case No. 03-58-VAR The request of Alan and Beth Cork for a variance from the
requirements of Section 36-163(f)(5) of the Ordinance Code relating to zoning to
allow an attached garage within the required side yard for property located in the
“R-1” Single Family Residential District at 4355 Coolidge Avenue.
In as much as staff believes that all 7 criterion have been satisfied, staff recommends approval of
the attached Resolution #12-03 approving a 3.7 foot variance to the required 6-foot side yard for
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 7 of 16
the construction of an addition to the existing garage based on the findings in the attached
Resolution.
Commissioner Gainsley asked staff to clarify that the applicants are interested in increasing the
width of the garage by 3 feet, which will provide easier access for two vehicles.
Mr. Morrison stated that was correct.
Commissioner Gainsley asked Mr. Morrison what size is the existing garage?
Mr. Morrison stated that presently it is a large one-car garage.
Commissioner Gainsley asked staff if stated in the ordinance a car and garage size average?
Mr. Morrison said that was not in the ordinance.
No more questions, Chair Bloyer opened the public hearing.
Alan Cork, applicants of 4355 Coolidge Avenue stated he appreciates the time the Board of
Zoning Appeals is taking to review his variance request and he will park both of his vehicles in
the garage.
Commissioner Powers stated that he would like to motion for approval per staff’s
recommendations.
Motion by Commissioner Powers, seconded by Commissioner Gainsley, approving a 3.7-foot
variance to the required 6-foot side yard for the construction of an addition to the existing garage.
Motion Carried: Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None.
D. Case No. 03-59-VAR The request of Vail in the Park, LLC for a variance from the
requirements of Section 36-167(g)(3) of the Ordinance Code relating to zoning to
allow a 14.6 foot side yard abutting a street for property located in the “R-C” Multi-
Family/Commercial District at 7850 37th Street West/3647 Sumter Avenue South.
In as much as staff believes that all 7 criteria have been satisfied for the proposed variance, staff
recommends approval of the enclosed Resolution #13-03 approving a variance to Section 36-
167(g)(3) to allow a .4 foot variance to the required 15-foot side yard abutting a street for the
existing building.
No question, Chair Bloyer opened the public hearing.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 8 of 16
Cass Davids, representative of Vail in the Park, LLC of 7850 37th Street West/3647 Sumter
Avenue South and Margaret Dondelinger, representative of Project for Pride and Living which
were the developers of the site.
Margaret Dondelinger stated that two years ago it was not there intent to build the building
within the side yard setback, however when the building was sited it was sited to front Sumter
Avenue South and 37th Street. The building surveyor was not the individual whom had done the
initial lot survey and didn’t realize the lot was not a perfect rectangle which is why we have
ended up 3.3 inches on the back side of the building. We tried to use the zoning that was in place
with the lot but the building construction and placement was a mistake and that is why a variance
is being requested.
With no questions, Chair Bloyer closed the public hearing.
Commissioner Gainsley stated he has no issue with this variance and is in favor of granting the
variance.
Motion by Commissioner Gainsley, seconded by Commissioner Burt, to allow a 14.6-foot side
yard abutting a street is granted.
Motion Carried: Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None.
E. Case No. 03-60-VAR The request of Bill and Karen Liebesny for a variance from the
requirements of Section 36-163(f)(8) of the Ordinance Code relating to zoning to
allow a 6 foot side yard instead of the required 9 feet, five inch side yard for an
addition off the back of the house for property located in the “R-1” Single Family
Residential District at 8733 Westmoreland Lane.
In as much as staff believes that only 2 of the 7 criterion have been satisfied, staff recommends
approval of the attached Resolution #14-03 denying the application for a 3.3 foot variance to the
required 9.4 foot side yard for the construction of an attached screened porch based on the
findings in the attached Resolution.
Commissioner Gainsley asked staff if the applicant were to have applied in 1991 to construct a
screen porch wouldn’t they have needed a variance?
Mr. Morrison stated that City Code was changed in 1991.
Chair Bloyer asked staff to point out on the site plan of how far the screen porch would need to
be setback in order for it to be legal.
Mr. Morrison stated the applicants would need to setback the porch 2 feet and the spa step would
need to be moved which wouldn’t require the spa to be moved to a different spot.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 9 of 16
Chair Bloyer asked staff if there are proper footings for placement of a sundeck?
Mr. Morrison stated he would assume the proper footings are in place also the building
inspections department will look at them when the applicants submit a building permit.
Commissioner Gainsley asked staff if the Comprehensive Plan in 1991 contemplated a situation
where this might apply to a screen porch compared to a hard walled dwelling?
Mr. Morrison stated that the Comprehensive Plan keeps it very general as far as building codes.
Commissioner Gainsley asked staff if this was considered when preparing the Comprehensive
Plan or was this situation not contemplated?
Mr. Morrison stated that there is a provision in the zoning ordinance for porches on the front of
the home that states that if it is a open porch meaning that it is not screened in or no windows
then it is allowed as a encroachment, however once you screen it in or put windows then it is
bound by the principal building setbacks.
Commissioner Powers asked staff why the applicants couldn’t build the screen porch parallel to
the back of the house rather then perpendicular?
Mr. Morrison stated there are options for the applicants but this is there preferred placement.
Mr. Roberts asked staff that with the changes to the survey and the location of the screen porch
will that be a 2-foot variance request?
Mr. Morrison stated that it would be a 2.5-foot variance request.
Mr. Roberts asked staff if that was because of the length of the purposed sidewall, also could the
applicants shorten the wall?
Mr. Morrison stated they could shorten the wall but unfortunately the ratio doesn’t work in the
favor of the applicants.
With no more questions, Chair Bloyer opened the public hearing.
Karen Liebesny, applicant 8733 Westmoreland Lane handed out photographs (labeled Exhibit A)
which shows the position of her neighbor’s screen porches, the position of the existing hot tub,
rear yard photo’s showing the weed problem they have that attracts mosquitoes due to the golf
course and wetlands located across the street.
Ms. Liebesny introduced Bob of Temo Sunrooms, Inc. who is able to answer any technical
questions regarding the construction of the sunroom/screen porch.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 10 of 16
Ms. Liebesny presented additional photographs showing a completed sunroom/screen porch and
a amended survey with the neighbors porch and deck position which shows that there deck and
porch is actually 10 feet longer than her deck. Also, she reviewed with the Commission the staff
report and also pointed that she had applied for a building permit last year to construct part of the
deck to provide support beams.
In addition, Ms. Liebesney explained to the Commissioner her difficulty with mosquitoes and
insects due to a large amount of wetlands located by her home along with family history of living
in St. Louis Park as a long time resident and would like the Commission to approve her variance
request.
Bob of Temo Sunrooms, Inc. explained to the Commission that he felt the option to relocated the
sunroom/porch 3 feet would create additional costs and problems, such as footing and spa
placement.
Commissioner Gainsley asked Ms. Liebesney why she has difficulty on making the porch smaller
in size?
Bob stated that it is a possibility but it would require significant additional construction which
would require disassembling the existing platform and dig into the ground 42 inches to place new
footings and require additional framing. Also, he would like to point out that they are unable to
position the porch an additional 3 feet over because of the construction and footings cost.
Ms. Liebesny also would like to point out that she has placed drain tile under the deck to prevent
mold problems in the basement and that would be exposed if the deck were to be relocated which
will look esthetically unattractive.
Commissioner Gainsley explained to the applicant that a variance is given due to a hardship with
the land and at this time he is having a difficult time finding a hardship. Unfortunately, we are
unable to grant a variance only because it will look nice or it’s convenient or seems like the
proper thing to do, there needs to be a foundation for the variance.
Bob would like to point out that the neighboring property porch does protrude an additional 10
feet past her home and also there are no homes behind the Ms. Liebesny.
With no more questions, Chair Bloyer closed the public hearing.
Commissioner Gainsley stated he feels the neighboring property is the cause for the request for
this variance, if the neighbor had not made the building addition then Ms. Liebesny would not be
requesting a variance along with the building code changes that occurred several years ago.
Also, he feels that the intent of the ordinance change was to prevent long, unbroken and solid
walls for apartment buildings and such so the set back should be greater to provide for more
visibility. However, porches are allowed in the front of the home that encroach into the setbacks
that are not screened or enclosed.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 11 of 16
Commissioner Powers stated he is having difficulty finding a hardship and would suggest the
applicant apply for an appeal to receive comments from City Council and would like to see the
screened porch constructed because it would be a great addition to the home.
Commissioner Roberts stated that Bob did point out a potential economic hardship. Also, feels
that there could be a hardship due to the peculiar lot not conforming to the rest of the neighboring
properties that have screen porches.
Commissioner Burt stated that he is having a difficult time finding a hardship for the property but
feels that the 7 criteria the Commissioners are given by staff could be reviewed and re-examined,
Criteria #6- The granting of the variance will not be contrary to the intent of the Zoning
Ordinance or Comprehensive Plan. Staff’s response was “It is the intent of the zoning ordinance
to maintain larger setbacks for larger structures. That is why a greater setback is required for
principal buildings with a side wall depth of greater than 40 feet. Another example of this intent
has to do with accessory buildings. When a side wall exceeds 26 feet in length, then they are
required to have a 9 foot side yard in the R-1 District instead of the 2 feet that is allowed for
garages with a side wall less than 26 feet long. Finally, the architectural ordinance requires
building wall deviations to add interest to long uninterrupted walls. The proposal does not meet
any of the zoning ordinance intent.” Commissioner Burt feels that the intent of the ordinance has
been satisfied and doesn’t believe the intent of the ordinance that was acted on and adopted in
1991 was to prohibit screen porches and feels they were considering hard wall structures.
Criteria #5- The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair the established property
values in the surrounding area, or in any other way impair the health, safety, comfort, or morals
of the area. Staff’s response was “that because the neighboring property is similar in size and
depth to the applicant's home with the proposed addition, and because the setback encroachment
is limited to the back portion of the side property line, that the request will not impact the
character of the neighborhood.” Commissioner Burt feels that the screen porch will look very
nice and add value to the home and neighborhood.
Criteria #4- The granting of the variance will not impair an adequate supply of light and air to
the adjacent property, unreasonably increase the congestion in the public streets, increase the
danger of fire, or endanger the public safety. Staff’s response was “The neighboring house to
the east is approximately 62 feet long with the last 10 feet being a screened in porch. The
proposed porch will extend further to the rear of the property than the neighbor's house by
approximately 10 feet. Although the proposed depth of the home would be 60.33 feet
approximately 62 feet of that would be paralleled by the neighbor's house, at a distance of 12.5
feet away. The porch is proposed on the south east side of the house, so shading onto the
neighbors property should be reduced to the late afternoon to evening hours”. Commissioner
Burt believes the porch will not impair any light or create any shadows.
Criteria #3- The granting of the variance is necessary for the preservation and enjoyment of a
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 12 of 16
substantial property right of the applicant. Staff’s response was “The property is currently being
used as a large single family home with a large 18 by 33-foot deck. Staff believes the property is
already being used in a typical and reasonable manner, and that the variance is not necessary to
preserve a substantial property right”. Commissioner Burt feels that this may be a little more
difficult but feels that being able to enjoy your back yard is a property right, the applicant is not
asking for a oversized two car garage.
Criteria #2- Conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or
structures in the district in which said land is located. Staff’s response was “As stated above, the
land width and size dimensions are greater than the minimum requirements for the R-1 District.
The deck the screened porch is proposed to be constructed on already exists. The applicant
would like to construct the porch so that it is adjacent to the spa, requiring the variance. Staff
believes there are other options available to construct the porch to meet code. For example, the
porch could be redesigned and enlarged so that the spa is inside the porch, and still maintains the
required setback. Other alternatives may require modifications to the existing deck and doorway
to the house, but do appear to be viable alternatives.” Commissioner Burt feels this lot is
peculiar since the applicant didn’t construct a screen porch prior to the Ordinance change and the
majority of the neighbors do have a porch also another difficulty is needing to remove the
existing footings.
Criteria #1-Where by reason of narrowness, shallowness, or shape of the lot, or where by reason
of exceptional topographic or water conditions or other extraordinary and exceptional
conditions of such lot, the strict applications of the terms of this ordinance would result in a
peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in
developing or using such lot in a manner customary and legally permissible within the zoning
district in which said lot is located. Staff’s response was “The lot is 80 feet wide, which is 5 feet
more than the required minimum for the R-1 District. The property is also 10,800 square feet in
size, which is 1,800 square feet more than the minimum required for the R-1 District. Their does
not appear to be anything peculiar about the property that would create an undue hardship
preventing the property owner from using the property in a manner that is customary and legally
permissible for the R-1 District.” Commissioner Burt stated he feels that the shape of the lot
could be an exception but otherwise this criterion is difficult. Also, he stated that the applicants
do have the right to appeal the Board of Zoning Appeals decision and have the City Council
review this request.
Bob asked if all 7 criteria must be satisfied?
Commissioner Burt stated that all 7 criteria must be satisfied.
Bob stated that this is the first municipality he has worked with that has two different side yard
setbacks.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 13 of 16
Commissioner Burt stated he is in favor of granting this variance because he feels that 6 of the 7
criteria have been met in the staff report.
Motion by Commissioner Burt, seconded by Chair Bloyer, to amend staff’s recommended
resolution #14-03 of denial and approve the resolution for a 3.3-foot variance to the required 9.4-
foot side yard for the construction of an attached-screened porch.
Chair Bloyer stated she partially agrees with Commissioner Burt but does not agree with criteria
#1 since the applicants do have wetlands near by the home and that could cause a health and
safety issue.
Commissioner Gainsley stated he feels that criterion #1 is the most important and #7 is more of a
convenient. Also an economic burden can’t be the only reason for a variance it can however be a
contributory reason to a variance.
Commissioner Gainsley asked staff if he knew the total amount of neighbors that had a screened
porch?
Mr. Morrison stated he was only aware of the neighbors having a porch.
Ms. Liebesny stated she does have addresses of individuals in the neighborhood that have
porches such as 8727, 8730, 8721, 8801, 8911, 9001, 9021 Westmoreland Lane.
Commissioner Gainsley asked staff if any of the addresses listed by Ms. Liebesny have variances.
Mr. Morrison stated that no variances were on file for Westmoreland, none of the mentioned
addresses received a variance.
Chair Bloyer re-opened the public hearing.
Commissioner Gainsley asked Ms. Liebesney to explain the mold problem she mentioned earlier.
Ms. Liebesney stated she no longer has mold in her basement.
Commissioner Gainsley asked her to explain how any of the work that she has done to the home
regarding the screen porch such as footings etc., how do they mitigate Mother Nature or if any?
Bob stated that the design of the room being a gabled roof with a gutter system would direct all
of the water flow coming off of the existing hip roof would direct it onto a 18 foot gutter system
that goes out the front of the room that directs away from the home towards the golf course side
instead of the water being directed directly behind the home.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 14 of 16
Commissioner Powers stated he agrees with Commissioners Burt’s findings, also he feels that the
lot size is a hardship because it doesn’t allow the applicant to do what is legal customary in that
neighborhood.
Commissioner Roberts would like to clarify Commissioners Powers findings and add that its not
the size of the lot but depth of the home.
Commissioner Powers stated that if you were to look at the requirements of criteria #1, it does
say size or shape of the lot.
Commissioner Roberts explained that the variance is required not because the lot is to big but
because the home is too wide.
Commissioner Powers stated that we are unable to give them the variance because the home is
too big, they can put it elsewhere.
Commissioner Gainsley stated that moving the porch elsewhere after what they have been able to
do by law, would be such a significant economical hardship that it would be a sufficient
impairment to justify hardship. However, if we were able to tie this in with the prevention of
mold which is the largest cost of home insurance increases in the state of Minnesota in the past
three years then it might be considered a hardship.
Chair Bloyer asked Ms. Liebesny if why she had put in drain tile.
Ms. Liebesny stated that yes she had put in drain tile along with tearing down majority of the
basement wall sheet rock due to layers of wallpaper.
Chair Bloyer asked her if the health conditions were unbearable in the basement, was there a
mold problem prior to removing the basement walls?
Ms. Liebesny stated that there was a mold problem previous and that is why she put in the drain
tile.
Commissioner Gainsley asked Ms. Liebesny if she presently has a mold problem?
Ms. Liebesny stated that she doesn’t believe she has a problem presently.
Mr. Morrison asked Ms. Liebesny if she had expressed earlier that by relocating the screen porch
so the spa could be situated inside the porch could create a mold problem?
Ms. Liebesny stated that was correct it would create mold.
Commissioner Gainsley stated he feels that the applicants have installed a drain tile to prevent a
reoccurrence of mold and damage to the home and feels that this could be a prevention of a
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 15 of 16
hardship which is not just a matter of convenience to grant this variance and there is a hardship.
Ms. Liebesny also pointed out that there is inside drain tile and an outside drain tile because of
the water and mold problem.
Chair Bloyer closed the public hearing.
Motion Carried: Voting Yes: Bloyer, Burt, Gainsley and Powers. Voting No: Roberts.
5. Old Business
None
6. New Business
None
7. Communications
Commissioner Powers informed staff that he was very happy with the way staff worked on and
thought out each staff report.
Commissioner Burt informed staff that having the grid of height and setback information in the
staff report is very helpful.
Commissioner Gainsley asked Mr. Morrison to review the ordinance and possibility make
changes to how a wall became long such as if they become long because they are solid walls, or
broken up by screen porches.
Mr. Morrison stated he would review that ordinance and possibility also combined it with the
open space requirement.
8. Miscellaneous
None
9. Adjournment
Commissioner Gainsley moved and Commissioner Powers seconded the motion for
adjournment. The regular meeting of the Board of Zoning Appeals adjourned at 8:50 p.m.
St. Louis Park City Council Agenda
Item: 110303 - 4e - BOZA Meeting Minutes 9-25-03
Page 16 of 16
Respectfully Submitted,
Tara Olson
Community Development Secretary
St. Louis Park City Council Agenda
Item: 110303 - 4f - 2004 Equipment Replacement
Page 1 of 3
4f Adopt the attached resolution that accepts this report considering major
equipment replacement scheduled and budgeted for 2004.
Background: Procurement of vehicles is accomplished in a variety of ways. By Statute,
Charter, and Ordinance, all purchases over $50,000 have to be authorized by the Council and are
bid in accordance with public contracting laws. This means that after equipment purchases are
authorized by Council, the City can call for bids or equipment can be purchased through other
agencies that have already legally bid for this equipment (i.e. State of Minnesota contracts,
Hennepin County contracts, etc.). Replacement of equipment costing less than $50,000 does not
require Council authorization. Staff replaces this type of equipment by purchasing it through
State or County contracts or by obtaining competitive quotes.
Budget: In the first quarter of 2003, Public Works staff met with each equipment-using
department to discuss fleet management as well as short term and long term planned
replacements. From this discussion, Public Works revised the planned replacement list. From
this list, year 2004 replacements were placed in the budget proposal earlier this year.
Final List for Replacement: The final list for year 2004 contains 37 units estimated to cost
(gross) $945,340. This listing is attached for your information. Of those, there are 5 vehicles
that will cost close to or more than $50,000 and will require Council authorization.
Recommendation: Adopt the attached resolution that accepts this report considering major
equipment replacement scheduled and budgeted for 2004 and authorizes staff to acquire
equipment as allowed by Statute, Charter, or Ordinance.
Attachments:
Resolution Year 2004 Major Equipment Replacement
2004 Equipment Purchase Spreadsheet
Prepared by: Mark Hanson, Operations Superintendent
Michael P. Rardin, Director of Public Works
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 4f - 2004 Equipment Replacement
Page 2 of 3
RESOLUTION NO. 03-160
RESOLUTION ACCEPTING REPORT, APPROVING SPECIFICATIONS,
AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR
YEAR 2004 MAJOR EQUIPMENT PURCHASES
WHEREAS, the City Council of the City of St. Louis Park, Minnesota has received a report from
the Director of Public Works related to major equipment scheduled for replacement during year 2004.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park,
Minnesota, that:
1. The Director of Public Works Report regarding year 2004 equipment replacement is hereby accepted.
2. The following five (5) pieces of equipment costing close to or more than $50,000 are authorized for
replacement or addition during year 2004:
Old Vehicle
Unit No.
New Vehicle Description
1. 8678 Toro 4700D Mower
2. 8841 Single Axle Dump Truck
3. 9415 Trackless Multipurpose
4. 9606 2-Ton Truck with Boom
5. 8821 AEBI TerraTrac Tractor
3. The Director of Public Works is further authorized to acquire all year 2004 equipment purchases as
allowed by Statute, Charter, or Ordinance through the following methods: by bid, by purchase from
State of Minnesota Contract, Hennepin County Contract, or by quotations.
4. The necessary specifications for year 2004 equipment purchases as prepared under the direction of
the Director of Public Works are approved.
5. When necessary, the City Clerk shall prepare and cause to be inserted at least two weeks in the
official newspaper and in the Construction Bulletin advertisements for bids for said equipment listed
above under said specifications. Advertisements shall appear not less than twenty-one (21) days prior
to the date and time bids will be received by the City Clerk, and that no bids will be considered unless
sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified
check payable to the City for five (5) percent of the amount of the bid.
6. Bids received for the equipment listed above shall be tabulated by the Director of Public Works who
shall report his tabulation and recommendation to the City Council.
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest:
St. Louis Park City Council Agenda
Item: 110303 - 4f - 2004 Equipment Replacement
Page 3 of 3
City Clerk
No.
Old
Unit
No.Old Description
Rpl.
Cycle Age Primary Department
New Vehicle
Description
Est. Cost
2004
1 0105 SEDAN,POLICE SQUADS 2 3 POLICE DEPT SEDAN,POLICE SQUADS 25,235
2 0201 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235
3 0202 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235
4 0203 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235
5 0204 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235
6 8678 GANG REEL MOWER 18 18 GROUNDS/NAT RES TORO 4700D 69,010 *
7 8841 TRUCK SINGLE DUMP 15 16 POOL TRUCK SINGLE DUMP 108,150 *
8 8841UB PLOW,UNDERBODY 15 16 OPERATIONS WING PLOW 6,901
9 130.13 DROP SANDER 15 16 OPERATIONS SPIN SPANDER 2,987
10 97141 FRONT PLOW 15 7 OPERATIONS FRONT PLOW 5,785
11 9229 MOWERS, LARGE WALK BEHIND 10 12 BLDG & STRUCTURE AEBI TC07 24,545
12 9404 SEDAN,MID-SIZE 8 10 ENGINEERING SEDAN,MID-SIZE 16,635
13 9405 TRUCK,1/2T,2X4 10 9 FACILITIES MAINT TRUCK,1/2T,2X4 20,137
14 9407 SKID-STEER LOADER 10 10 OPERATIONS SKID-STEER LOADER 25,750
15 9415 TRACKLESS 6 10 OPERATIONS TRACKLESS 60,770 *
16 9415B SNOW BLOWER for Trackless 10 10 OPERATIONS SNOW BLOWER for Trackless 6,695
17 9425 VANS,CARGO/CLUB 8 10 WATER DEPT MINIVAN 22,227
18 9426 TRUCK,1T,UTILITY 10 10 Storm Sewer TRUCK,1T,UTILITY 26,523
19 9427 TRUCK,1T,UTILITY 8 10 WATER DEPT MINIVAN 22,227
20 9429 TRUCK,1T,UTILITY 10 10 BLDG & STRUCTURE TRUCK,1T,UTILITY 26,523
21 9430 VANS,CARGO/CLUB 10 10 ENGINEERING VANS,CARGO/CLUB 24,442
22 9506 SEDAN,MID-SIZE 8 9 INSPECTIONS SEDAN,MID-SIZE 16,635
23 9507 SEDAN,MID-SIZE 8 9 INSPECTIONS SEDAN,MID-SIZE 16,635
24 9511 TRUCK,3/4T,2X4 8 9 GROUNDS/NAT RES TRUCK,3/4T,4X4 22,918
25 9606 TRUCK,2T SUPER DUTY W BOOM 8 8 OPERATIONS TRUCK,2T SUPER DUTY W B 55,105 *
26 9609 SEDAN,MID-SIZE 8 8 POLICE DEPT SEDAN,MID-SIZE 16,635
27 9610 SEDAN,MID-SIZE 8 8 POLICE DEPT SEDAN,MID-SIZE 16,635
28 9702 SEDAN,RETIRED POLICE 2 7 POOL SEDAN,RETIRED POLICE 8,472
29 9703 SEDAN,RETIRED POLICE 2 7 POOL SEDAN,RETIRED POLICE 8,472
30 9718 TRUCK,1/4T,4X4SPORT-UTL 8 7 POLICE DEPT Truck, 1/2 T, 4x4 Sport-Utl 33,475
31 9731 FLOOR MACHINE 7 7 REC CENTER FLOOR MACHINE 12,103
32 9520 TRUCK,3/4T,2X4 10 9 FACILITIES MAINT TRUCK,3/4T,4X4 22,918
33 N/A N/A 10 N/A OPERATIONS FRONT PLOW (P/U)3,565
34 0322 SKID-STEER LOADER,LEASE 1 1 GROUNDS/NAT RES SKID-STEER LOADER,LEASE 2,369
35 9519 TRUCK,1/2T,2X4 10 9 OPERATIONS TRUCK,1T,4X4 26,523
36 N/A N/A 10 N/A OPERATIONS FRONT PLOW (P/U)3,565
37 8821 TRACTOR 15 16 GROUNDS/NAT RES AEBI TERRATRAC TT70S 83,838 *
Total
Notes: * For units estimated near or over $50,000, Council will be requested to authorize purchase
945,340$
2004 Equipment Purchases
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 1 of 7
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF JANUARY 23, 2003 at 7:00 p.m.
ST. LOUIS PARK CITY HALL, WESTWOOD ROOM
MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Ken
Huiras, Bob Jacobson, Mary Jean Overend, and Rolf
Peterson
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator and John McHugh,
Community TV Coordinator
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs
Administrator; Lance Leupold, Time Warner Cable
Director of Public Affairs; Darrell Knauss, Time Warner
Cable Multiple Dwelling Unit Manager; Lon Hall, Time
Warner Cable Multiple Dwelling Unit Field
Administration; Karen O’Toole, Property Manager of
Menorah Plaza; and Linda Samson, Recording Secretary
1. Call to Order
Chair Hartman called the meeting to order at 7:02 p.m.
2. Roll Call
Present at roll call were Commissioners Bruce Browning, Rick Dworsky, Dale Hartman, Ken
Huiras, Bob Jacobson, Mary Jean Overend, and Rolf Peterson; City Staff Reg Dunlap and
John McHugh; and Recording Secretary Linda Samson.
3. Approval of Minutes for December 5, 2002
It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approve the
minutes.
The motion passed 7-0.
4. Adoption of Agenda
Chair Hartman requested Item 6C, Election of Officers for 2003, be changed to Item 5A.
Reg Dunlap requested that a Fox Sports Network Update be added to Item 5C.
It was moved by Commissioner Huiras, seconded by Commissioner Browning, to approve the
agenda as amended.
The motion passed 7-0.
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 2 of 7
5. Old Business
5A Election of Officers for 2003
It was moved by Commissioner Jacobson to nominate Ken Huiras as Chair.
The motion passed 7-0.
It was moved by Chair Huiras to nominate Bruce Browning as Vice Chair.
The motion passed 7-0.
5B Channel 6 Update: Written proposal from Time Warner and City Attorney’s
Response
As requested by the Telecommunications Commission at their meeting of December 5,
2002, Lance Leupold, Time Warner Cable Director of Public Affairs, provided a written
proposal to them, and Mr. Leupold is hoping the City Attorney, Joel Jamnik, will analyze
and respond to the proposal.
John McHugh read the following e-mail from Mr. Jamnik to Mr. McHugh, dated January
15, 2003, and the subject line is: RE: TWC “proposal.”
John,
Thank you for sending me the TWC [Time Warner Cable] information. I would
not expect TWC to provide a written admission to a possible violation of the
franchise and state, but I am pleased that they have agreed to provide channel 6 to
all subscribers. The City has the option of requesting TWC to suggest a possible
conversion schedule, or could set a deadline on its own after which a violation
notice could (or would) be issued. I suggest the TAC [Telecommunications
Advisory Commission] discuss these options and provide guidance to staff.
Joel
Mr. Leupold read his written proposal:
The City staff wants Time Warner Cable to move MDU [Multiple Dwelling Unit]
security cameras off of channel 6. Should Time Warner proceed to do so, this
will effectively take away a right that the MDU owners have to determine what to
do with the signal once it is provided to them and they want their security cameras
on channel 6. Regarding the matter before you, Time Warner Cable does not
want a violation notice. We believe we are in full compliance with the cable
franchise and MN statutes as we provide the signal to the MDU. It is the MDU
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 3 of 7
owners decision to carry the signal, preempt it or block it, much like a residential
customer having the same right to trap programming at the pole or program their
remotes to skip channels. Therefore, unless you decide that the MDU owner does
[See Note A] have a right to determine what to do with the signal and you vote to
uphold this, or you determine that there is enough uncertainty in this matter and
you decide not to bring this to a vote thus preserving the status quo, Time Warner
Cable will proceed to work with the MDUs to move their security cameras signal
off of channel 6.
Note A: When Mr. Leupold read the proposal to the Commissioners, he verbally
stated: “Therefore, unless you decide that the MDU owner does not have a right
to determine what to do. . . .”
Mr. Leupold said Time Warner Cable attorney Gary Matz and the City Attorney Mr.
Jamnik have talked to each other. Mr. Leupold said Karen O’Toole, Housing
Administrator for Menorah Plaza (and two additional MDUs), communicated with Mr.
Jamnik about one month ago.
Ms. O’Toole said she contacted Lon Hall and Darrell Knauss at Time Warner after her
telephone conversation with Mr. Jamnik. Ms. O’Toole reported that Mr. Jamnik told her
that if Time Warner is not charging her for channel 6 and if she chooses not to receive
channel 6, then there is no violation. Ms. O’Toole stated she does not want to receive
channel 6 programming, she wants to use channel 6 for security camera coverage.
Furthermore, it is Ms. O’Toole’s understanding that she has the authority to accept or
reject channel 6 programming.
Mr. McHugh read the following e-mail from Mr. Jamnik, dated December 5, 2002, and
the subject line is: RE: Response: Update on AOL/TW and Reg’l Channel 6:
Just got off the phone with Kim. Lance will be at the Commission meeting
tonight and will propose a phased conversion from Channel 6 to Channel 19. In
my opinion, this would solve the legal problem posed by Chap. 238, . . .
Mr. McHugh said he thinks Time Warner may propose using channel 19, which is a Time
Warner leased access channel, to carry the security camera coverage.
Mr. Leupold said Mr. Hall, of TWC MDU Field Administration, has suggested that the
MDUs make channel 6 programming available for viewing in their community rooms at
no cost to the MDUs. Such a move would leave the security camera coverage intact. Mr.
Leupold added, going forward, Time Warner would not charge an MDU if they wanted to
use channel 6 for their security camera coverage. Additionally, Mr. Leupold referenced a
Time Warner Cable sample form letter regarding video insertion requests. He noted that
specific information is inserted into the letter via blue screens, i.e., the specific channel to
be removed and the dollar amount to reinsert a customer’s video feed in its place. Mr.
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 4 of 7
Leupold was concerned that the sample letter distributed to Commissioners would imply
that Time Warner is actively seeking the deletion of channel 6 at MDU sites.
Commissioner Huiras suggested Regional Channel 6 be contacted to ask if it would be
acceptable to substitute channel 19 for channel 6. Commissioner Huiras stated he thinks
Time Warner is not in violation, and he recommends Ms. O’Toole contact Regional
Channel 6.
Ms. O’Toole said she would like written communication from Mr. Jamnik on his
comments to her during their telephone conversation. Specifically, she would like to
have it stated that if she chooses, she may use channel 6 for security camera coverage,
and if no charge from Time Warner for channel 6, then no violation.
As requested by Commissioner Jacobson, Mr. Leupold summarized his proposal: 1) If
you agree that Ms. O’Toole has the right to accept or reject channel 6, vote that there is
no violation; or 2) if there is enough ambiguity, it does not warrant a violation based on
that. Mr. Leupold would like a vote from the Commission that it not go forward to the
City Council. Mr. Leupold reiterated, as mentioned earlier at this meeting, channel 6
would be available in a common area and there would be no charge for MDU owners to
use channel 6 for security camera coverage.
Commissioner Browning stated he thinks Time Warner is not in violation, and the law is
ambiguous.
Commissioner Dworsky said Mr. Jamnik is needed to determine if there is a current
violation and what to do next.
Commissioner Jacobson recommended getting an up-to-date response from Mr. Jamnik
as to what the situation is--as Mr. Jamnik currently understands it; it appears he was
dealing with old information.
Commissioner Huiras would like Staff to contact Metro Cable Network Channel 6 to ask
if Time Warner may provide Metro Cable Network Channel 6 on a channel other than
channel 6 to the subscribers.
Commissioner Jacobson would like Staff to get information from Metro Cable Network
Channel 6 and distribute to the Commission prior to the Commission’s meeting with the
City Council.
Commissioner Huiras would like a letter from Ms. O’Toole to Reg Dunlap with her
request to use channel 6 for security camera coverage. Ms. O’Toole will send the letter
to Mr. McHugh.
Mr. Leupold would like to know: What is the City Attorney saying about his proposal?
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 5 of 7
Mr. McHugh said the Cable Office at City Hall has never received any requested
communications of a legal opinion by Time Warner counsel on this issue.
Mr. Dunlap summarized the next steps to be taken:
Step 1: Commissioner Jacobson said for Staff to get information from
Metropolitan Cable Network Channel 6 regarding moving channel 6 to channel
19.
Step 2: Mr. Leupold wants the City Attorney’s interpretation and comments to
Ms. O’Toole regarding no violation.
Step 3: Commissioner Huiras wants a letter from Ms. O’Toole regarding her
request to not accept Metro Cable Network Channel 6.
Step 4: Commissioner Overend wants Time Warner’s suggestions put in writing,
i.e., channel 6 to be viewable in common areas and no charge going forward.
Step 5: Mr. Leupold’s statement regarding the MDU’s right to accept or refuse
receiving channel 6, and Mr. McHugh’s statement regarding subscribers’ right
under state law.
Step 6: No charges to subscribers.
Mr. Leupold will submit Time Warner’s newest information (channel 6 in common areas
and no charges going forward) to Mr. Dunlap on Friday, January 24, 2003.
Ms. O’Toole will have her letter of request sent to Staff by Monday, January 27, 2003.
Commissioner Huiras suggested a Special Meeting for Thursday, February 20th, and
everyone agreed.
It was moved by Commissioner Jacobson, seconded by Commissioner Browning, to act
upon the six steps as outlined by Reg Dunlap.
The motion passed 7-0.
5C Time Warner Cable Franchise Fees Audit Report and Fox Sports Update
Mr. Dunlap said he received an invoice today from the City’s Finance Department to
send Time Warner to collect unpaid funds discovered by the audit. There was discussion
regarding the report from Lewis and Associates dated December 13, 2002.
Arlen Mattern, Time Warner Cable Public Affairs Administrator, said the Time Warner
finance department is reviewing the report and will respond to it within about one month.
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 6 of 7
Commissioner Huiras would like Time Warner’s response to the Lewis report to be an
agenda item; he would like to know what will be in place to fix the problem for 2003 and
beyond.
Fox Sports Update: Mr. Mattern said Time Warner made an offer but has not yet
received a response.
5D School District Funding: Review Program Reports for 2002 and Whether to
Recommend Payment of Remaining $19,000 Equipment Grant from 2002 Funds
It was moved by Commissioner Jacobson, seconded by Commissioner Dworsky, to get an
accounting of expenditures from the previous grant by the May 8, 2003 meeting and an
up-to-date inventory.
The motion passed 7-0.
It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approve
payment to School District #283 of the remaining $19,000 from Cable TV franchise fees
for the year 2002, which results in a total video equipment grant of $38,000 and an
operating grant of $35,000.
The motion passed 7-0.
5E Staff Draft Grant Proposal
Deferred.
6. New Business
6A Annual Report Brainstorming and Suggestions
Not discussed.
6B Future Trends
Commissioner Overend would like to see Public Health Services matters addressed
electronically. Mr. Dunlap said that Public Health Journal runs on the channel weekly, a
program provided by Hennepin County.
Commissioner Dworsky would like information on franchise fee collections that are
unspent, and information on what happens to the funds.
7. Reports
St. Louis Park City Council Agenda
Item: 110303 - 4g - Telecommunications Minutes of 1-23-03
Page 7 of 7
The Commission’s 2001 Annual Report is deferred to the next meeting.
Mr. Dunlap will set a date for the Commission to meet with the City Council at a Study
Session.
8. Communications from the Chair: None
9. Communications from City Staff
Mr. McHugh distributed his channel 15 programming report.
10. Adjournment
It was moved by Commissioner Dworsky, seconded by Commissioner Jacobson, to
adjourn the meeting at 9:30 p.m.
The motion passed 7-0.
Minutes prepared by: Respectfully submitted by:
Linda Samson Reg Dunlap
Recording Secretary Civic TV Coordinator
St. Louis Park City Council Agenda
Item: 110303 - 4h - Telecommunications Minutes of 5-8-03
Page 1 of 4
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF MAY 8, 2003 at 7:00 p.m.
ST. LOUIS PARK SENIOR HIGHSCHOOL, ROOM 206
MEMBERS PRESENT: Bruce Browning, Dale Hartman, Ken Huiras, Bob
Jacobson, Mary Jean Overend, and Rolf Peterson
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator and John McHugh,
Community TV Coordinator/Recording Secretary
OTHERS PRESENT: Tom Marble, ISD 283 Technology Director; Charlie Fiss,
ISD 283 Video Technician
1. Call to Order
Chair Huiras called the meeting to order at 7:02 p.m.
2. Roll Call
Present at roll call were Commissioners Bruce Browning, Dale Hartman, Ken Huiras, and
Rolf Peterson; City Staff Reg Dunlap and John McHugh; Tom Marble, ISD 283 Technology
Director and Charlie Fiss, ISD 283 Video Technician. Commissioner Mary Jean Overend
arrived at 7:05 p.m., and Commissioner Bob Jacobson arrived at 7:29 p.m.
3. Approval of Minutes for January 23, 2003
Chair Huiras inquired about item 5.c. the City “received an invoice” from Time Warner
Cable (TWC). Reg Dunlap said that it should read that the City received a reply from TWC,
responding to the City letter and invoice. It was moved by Commissioner Browning,
seconded by Commissioner Peterson, to approve the minutes.
The motion passed 4-0.
4. Adoption of Agenda
There were no requested agenda changes.
It was moved by Commissioner Browning, seconded by Commissioner Peterson, to approve
the agenda as amended.
The motion passed 4-0.
5. Old Business
A. Channel 6 update: City draft Stand Still Agreement (SSA) with Time Warner
John McHugh distributed copies of the City’s most recent version of the draft agreement
and Deputy City Manager Clint Pires’ email cover letter dated May 7, 2003 to TWC.
These items had been emailed that same day to all Commissioners. Mr. McHugh
described the process which had led up to this point, and the necessity of the
Telecommunications Commission to review and vote on their determination of the SSA.
St. Louis Park City Council Agenda
Item: 110303 - 4h - Telecommunications Minutes of 5-8-03
Page 2 of 4
(The Telecommunications Commission Special Meeting for Thursday, February 20th had
been cancelled due to lack of a draft SSA.)
It was moved by Commissioner Peterson and seconded by Commissioner Overend that
the Telecommunications Commission did make an initial determination that this practice
may violate state law and the franchise agreement.” After discussion, the motion passed
5-0.
It was moved by Commissioner Peterson and seconded by Commissioner Browning to
support the draft SSA presented at this Telecommunications Commission meeting. The
motion passed 5-0.
B. Time Warner Cable Franchise Fees Audit Fees Update
Mr. Dunlap said there is still $6,499 disputed by TWC. The City’s contract auditor, Scott
Lewis, had sent new “schedules” in response to Mr. Dunlap’s follow-up questions.
TWC’s most recent letter claimed the City owed them money, because TWC had
overpaid franchise fees for the previous quarter. Mr. Dunlap said the original disputed
amount with TWC was $8,700, plus audit costs. TWC has already paid $2,200 plus the
cost of the audit. There are 83 subscriber addresses that were not on TWC’s list of homes
passed in St. Louis Park, and TWC claims only 18 are “actual subscribers” for the years
2000 and 2001. Mr. Dunlap proposed to call a sample of the neglected addresses to
confirm cable TV subscriptions. Commissioner Bob Jacobson arrived.
6. New Business
A. City Budget Update.
Mr. Dunlap described the City efforts to resolve the partial loss of state municipal aid.
Layoffs won’t happen until 2004, if needed. Franchise fees on electricity and natural gas
will start soon and contribute $800,000 per year. City Council, in its review of budgeting
measures, have capped the educational access operation and capital grant at $48,000.
B.-C.-D. Review Criteria for School District Funding, School District Funding, Review:
School District using interns for extra experience and to produce programming.
Tom Marble handed out an addendum of programming and equipment checkout
information to supplement the report mailed to the Commission. Commissioner Jacobson
stated he like the information presented and it should make the criteria doable. Mr.
Marble asked if a three year record of equipment inventory will meet
Telecommunications Commission needs. Chair Huiras and Commissioner Browning
agreed it was reasonable. Mr. Marble briefly reviewed the historical funding of
Educational Access at $25k with increases staring in 2000. Commissioner Overend asked
about paid interns. Mr. Marble said they are developing a volunteer intern program for
post-secondary students, and the paid-secondary student positions have been discontinued
as a result of automated programming and school policies on unsupervised casual
St. Louis Park City Council Agenda
Item: 110303 - 4h - Telecommunications Minutes of 5-8-03
Page 3 of 4
employees. He described the levy Technology Fund which remains separate from general
fund budget concerns, is ongoing and covers both support and capital. He described the
zoned security areas now in place, and that after 4:30 p.m. use would present security
issues and must be a registered Community Education use.
Mr. McHugh distributed the April 21 email discussion draft of “Community Access to
equipment funded by the Telecommunications Commission.” Mr. Marble said that
eligible adults must supervise use, that students cannot. Commissioner Jacobson said
liability was a concern and then suggested Educational Access guidelines be drafted. Mr.
Marble said he, Charlie Fiss, Reg Dunlap and John McHugh could meet to do this.
Commissioner Peterson said he was a member of the Community Education Advisory
Council, and that fee hikes were coming. Mr. Fiss said there were 450 iMacs in the
Senior High School and a lab of 25 run iMovie for student instruction and use.
Mr. Marble stated that the funds for 2003 will apply to both the “live meeting room”
installation and equipment racks/furniture for the studio control room. He said that the
image and operation quality of live school board meetings is a problem they will address
by adding lighting and having Mr. Fiss cover the board meeting of Tuesday, May 27 to
show TWC’s employees the standard expected.
It was moved by Commissioner Peterson, seconded by Commissioner Browning to
approve the $35k operation grant for 2003-2004 Educational Access.
Discussion followed. Commissioner Jacobson asked about channel14 summer
programming and Mr. Fiss described “end of the year” specials. Mr. Marble described
how Beth Johnson of the District Communications Department planned to produce
programming (such as NWEA test summaries) to supplement the newspaper features, and
better reach parents at home. Mr. Fiss described how SCALA is no longer used as the
channel display, replaced by MS PowerPoint which mean that many teachers and staff
can submit slides for channel display. Mr. Marble and Commissioner Peterson agreed
that only 15-18% of city HHs have school-age children.
The motion passed 6-0.
E. Bylaws Reviewed
Mr. Dunlap described this was underway, for all commissions, with more detail to come
from the City Clerk.
F. Cable TV Coverage for Telecommunications Commission or other Commissions
Mr. Dunlap said that there had been some discussion about televising Board of Zoning
Appeals monthly meetings. Commissioner Browning asked if any Commissioners
wanted to be on TV, and nobody affirmed so.
St. Louis Park City Council Agenda
Item: 110303 - 4h - Telecommunications Minutes of 5-8-03
Page 4 of 4
G. Reschedule Telecommunications Commission meeting from August to July 17 or 24
All agreed that July 24 was best. Mr. McHugh said the annual filings of TWC would be a
discussion item.
H. Grants from Telecommunications Commission for specific programs
Chair Huiras asked that this be added to the Telecommunications Commission work
plan.
7. Reports
Commissioner Overend commented on attending Time Warner Cable’s Youth Service
Awards with her nominee who was in the top ten.
Commissioner Jacobson asked about student interns at the Senior High School. Mr.
Marble said there are two “school to work experience project” positions supervised by
Elaine May.
Mr. Fiss said he had performed a three-day signal audit with Time Warner tech Mark
Viness, and was happy about the much improved signals.
8. Communications from the Chair: None
Chair Huiras asked staff to ask Time Warner about the noticeable subscriber drop from
the last 3 years.
9. Communications from City Staff
Mr. Dunlap described how the institutional network would soon extend to the Veterans
Amphitheater in Wolfe Park. Mr. McHugh said the Business Telecommunications need
survey was underway, and should be done by the next Telecommunications Commission
meeting.
10. Adjournment
It was moved by Commissioner Jacobson,, seconded by Commissioner Browning, to
adjourn the meeting at 9:30 p.m.
The motion passed 6-0.
Minutes prepared by: Respectfully submitted by:
John McHugh Reg Dunlap
Recording Secretary Civic TV Coordinator
St. Louis Park City Council Agenda
Item: 110303 - 4i - Telecommunications Minutes of 7-24-03
Page 1 of 4
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF JULY 24, 2003 AT 7:00 P.M.
TIME WARNER CABLE 3516 BELT LINE BLVD.
MEMBERS PRESENT: Ken Huiras, Mary Jean Overend
MEMBERS ABSENT: Bruce Browning, Dale Hartman, Bob Jacobson, and Rolf Peterson
Rick Dworsky arrived at 8:40 p.m.
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator, John McHugh, Community
TV Coordinator, and Linda Samson, Recording Secretary
OTHERS PRESENT: LuAnna Fogarty, Time Warner Cable Service Manager, Michael
Holm, Marketing Manager Digital Products, Arlen Mattern, Time
Warner Cable Public Affairs Administrator
1. Call to Order
Chair Huiras called the meeting to order at 7:00 p.m.
2. Roll Call
Present at roll call were Commissioners Huiras and Overend; City Staff Reg Dunlap and
John McHugh, and Recording Secretary Linda Samson.
3. Approval of Minutes for May 8, 2003
A quorum was not present to approve the minutes.
4. Adoption of Agenda
A quorum was not present to approve the agenda.
Mark Daniels of Time Warner Cable escorted the Commissioners and City Staff on a tour
of “The Hub.”
(Note: Item 6B preceded Item 5A)
6. New Business
6B. Customer Service Update
Michael Holm discussed controllable versus uncontrollable service drops and disconnect
reason code lists. Mr. Holm said Time Warner will address Spanish-speaking program
demand, which is high. He said Time Warner had recently hired a Director of Training to
educate technicians in the field about the packages of services. Mr. Holm also said Time
Warner has a do-not-call list for former dish customers and also has a do-not-mail list.
St. Louis Park City Council Agenda
Item: 110303 - 4i - Telecommunications Minutes of 7-24-03
Page 2 of 4
He said that Time Warner ocasionally calls current customers to market new products
like video on demand (VOD) or digital video recorders (DVR).
LuAnna Fogarty discussed business rules and their impact on how Time Warner conducts
its business. She said that marketing Basic cable was very successful in the Fall of 2002
and in March of 2003. She said that Time Warner customers may now pay online, and
distributed a handout showing the layout of the web site forms. Ms. Fogarty said that the
way Time Warner tracks signal pirates is fascinating, and suggested that Joe Vines could
attend a Telecommunications meeting and explain the process.
Commissioner Overend voiced concern about the fraud issue and Time Warner using
Social Security numbers, and wants to revisit this issue in the future.
Ms. Fogarty said that businesses can refuse service if it’s not provided, and that you need
the SSN to get credit reports and verify that you are billing the proper party.
Commissioner Overend asked if customer service is getting better?
Ms. Fogarty said that Time Warner does monthly monitoring of CSR’s; that they now
have a Director of Training and have revamped training; that they have combined call
centers for Road Runner and cable services after cross training CSR’s. Arlen Mattern
said that complaints about CSR’s have dropped. Ms. Fogarty said that the billing
department is doing great and that more representatives are taking calls.
Commissioner Dworsky arrived at 8:40 p.m. He said that Time Warner should market its
service packages on their own channel.
5. Old Business
5A. Channel 6 Update: Standstill Agreement
Mr. McHugh briefly discussed a letter he sent to Bill Watson in regard to Channel 6. Mr.
McHugh said City Staff is still waiting to hear from Time Warner regarding Channel 6.
5B. Business Survey Results
Mr. McHugh said the information contained in the business survey results, provided to
the Commission, will be sent to the City Council for a future study session when Bill
Morris of Decision Resources, Inc., will makes a presentation. Mr. McHugh also
provided a copy of the pages from the franchise that describe how renewal should
proceed.
5C. Time Warner Cable Franchise Fees Audit Update
St. Louis Park City Council Agenda
Item: 110303 - 4i - Telecommunications Minutes of 7-24-03
Page 3 of 4
Mr. Dunlap distributed a memorandum regarding the Time Warner audit report, and
expects a final report for the Commission’s October meeting.
6. New Business
6A. Review Time Warner Annual Filings
Mr. Dunlap sent the Time Warner Cable Annual filings on May 12, 2003. Mr. Dunlap
said he calculated the average revenue per subscriber to be about $46.00 per month.
6B. Customer Service Update
This item was discussed earlier.
6C. EAS Update
Mr. Dunlap said the unit failed tests earlier this summer but Time Warner has ordered a
replacement.
6D. Telecommunications Commission Policy Review
It was discussed that the City Council determines policy, and that the Commission makes
recommendations.
6E. January 23, 2003 Minutes Revised
Due to lack of a quorum, this item will appear on the agenda for the next meeting.
6F. Sponsorship of Civic TV Channel Programming
Commissioner Huiras requested that this item be placed on the agenda for the next
meeting. Commissioner Dworsky expressed his interest in wanting to know more about
sponsorships.
7. Reports: None
8. Communications from the Chair: None
9. Communications from City Staff
Mr. Dunlap said one Telecommunications Commissioner may go to the convention in
Denver in September, and that School Superintendent Barbara Pulliam sent a thank you
note in regard to the school grant.
10. Adjournment
St. Louis Park City Council Agenda
Item: 110303 - 4i - Telecommunications Minutes of 7-24-03
Page 4 of 4
Chair Huiras adjourned the meeting at 9:35 p.m.
Minutes prepared by: Respectfully submitted by:
Linda Samson Reg Dunlap
Recording Secretary Civic TV Coordinator
St. Louis Park City Council Agenda
Item: 110303 - 4j - Alley Paving Petition
Page 1 of 3
4j Motion to adopt the attached resolution that declares the petition adequate
for the purposes of preparing a formal City Engineer’s Report on the
feasibility and costs associated with a proposed alley construction project in
the 4200 block of Ottawa Avenue.
Background: On October 20, 2003 residents from the 4200 block of Ottawa Avenue submitted
a petition to the City requesting that an alley be constructed to access the rear of their properties,
and that the cost of the improvements be assessed against all benefited properties. Ms. Michelle
Griep of 4233 Ottawa Avenue circulated the petition.
The City’s Alley Paving Policy requires that at least 51% of the property owners (based on alley
front feet) sign a petition for the improvement in order to investigate the feasibility and cost of
construction.
Petition Analysis: Signatures, representing 61.5% of the alley footage, have been obtained.
This represents 5 of the 8 assessable properties. Therefore, the petition is deemed adequate in
order to prepare a City Engineer’s report for review by the City Council.
Additional Information: Unlike previous alley projects, where a petition has been circulated to
merely pave an existing gravel alley, this petition requests the construction of an alley where
none currently exists. Currently, there is no right-of-way platted for an alley in this location.
The properties upon which the alley could be located are tax-forfeit parcels. The City may
consider selling all or a portion of this site in the future for development, therefore, construction
of an alley must be done in a way that can accommodate this future development.
Public Works staff reviewed the site and prepared a preliminary cost estimate of $57,400 for the
construction of an alley that would run from 42nd Street south to 4233 Ottawa Ave. and “dead
end”. The estimate is very approximate since, at this time, no surveys have been completed and
only a visual analysis of the drainage has been done. Several important factors will need to be
researched before a more accurate estimate can be made; these include soil conditions and
drainage.
Project Timing: Surveying of the site will be undertaken this Fall. Then, staff will further
analyze the site to determine if the alley construction is feasible. This feasibility report will be
brought back to the City Council. If the project is feasible and a preliminary design has been
completed, staff will hold a meeting with the affected residents to inform them of the project. A
public hearing will also need to be held prior to approval. If the project proceeds, construction
will likely occur next Spring.
Attachments: Petitioner List
Resolution
Petition (Supplement)
Prepared By: Maria A. Hagen, City Engineer
Reviewed By: Bruce Stepnick, City Assessor
Judie Erickson, Planner
Michael P.Rardin, Director of Public Works
St. Louis Park City Council Agenda
Item: 110303 - 4j - Alley Paving Petition
Page 2 of 3
Approved By: Charles W. Meyer, City Manager
RESOLUTION NO. 03-161
RESOLUTION DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF A REPORT TO DETERMINE
THE FEASIBILITY OF CONSTRUCTING AN ALLEY IN THE
4200 BLOCK OF OTTAWA AVENUE
WHEREAS, the City Council of the City of St. Louis Park has received a petition signed
by affected property owners related to construction of an alley in the 4200 block of Ottawa
Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City’s Alley Paving Policy requires that a petition containing signatures from at least
51% of the affected property owners be received in order to investigate the feasibility and
cost of construction.
2. A certain petition requesting the construction of an alley in the 4200 block of Ottawa
Avenue, filed with the Council on November 3, 2003, is hereby declared to be signed by
the required percentage of owners of property affected thereby. This declaration is made
in conformity to Minn. Stat. § 429.035.
3. The petition is hereby referred to the City Engineer and she is instructed to report to the
Council with all convenient speed advising the Council in a preliminary way as to
whether the proposed improvement is necessary, cost-effective, and feasible and as to
whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 110303 - 4j - Alley Paving Petition
Page 3 of 3
Petition Signatures
for Concrete Alley Paving in
4200 Block of Ottawa Avenue
Address
Alley Front
Footage
Petition Signed by Property
Owners
4201 Ottawa Avenue South 58
4205 Ottawa Avenue South 52
4211 Ottawa Avenue South 40
4215 Ottawa Avenue South 40 *
4219 Ottawa Avenue South 40 *
4225 Ottawa Avenue South 60 *
4229 Ottawa Avenue South 60 *
4233 Ottawa Avenue South 40 *
Total 390
Petition signed by 61.5% of the alley front footage (240 feet / 390 feet)
St. Louis Park City Council Agenda
Item: 110303 - 4k - Excel & Grand Subordination Agmt
Page 1 of 8
SJB-238933v1
SA285-40
4k
Motion to approve the Subordination Agreement between U.S. Bank National
Association, the City of St. Louis Park, and the St. Louis Park Economic
Development Authority and Excelsior & Grand II LLC relative to the Excelsior
and Grand Phase II Project.
Background:
Under the Amended and Restated Contract for Private Redevelopment (and its subsequent
amendments) between Meridian Properties, the City of St. Louis Park, and the EDA, the EDA
agreed to subordinate its rights under the agreement to the holder of any mortgage securing
construction or permanent financing, subject to terms and conditions mutually agreeable by the
parties. Just as there was a subordination agreement with the lender for Phase I, a similar
subordination agreement is required with the lender for Phase II (Phase NE as defined in the
Development Agreement). The proposed subordination agreement asserts that the EDA and
City’s rights under the Development Agreement and Deed for the Phase II property are
subordinate to the lender’s rights under its loan documents pertaining to the Phase II property.
The EDA does not, however, subordinate its interest to the lender under the Assessment
Agreement for Phase NE.
The EDA’s attorney prepared the attached Subordination Agreement and is recommending its
approval.
Attachments: Subordination Agreement
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Tom Harmening, Community Development Director
Approved by: Charles W. Meyer, City Manager
1578945v2 2
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (this "Agreement") is entered into as of the
15th day of October, 2003, by and among (i) U.S. BANK NATIONAL ASSOCIATION, a
national banking association (the "Lender"), (ii). CITY OF ST. LOUIS PARK, a Minnesota
municipal corporation (the "City"), (iii) ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY a public body corporate and politic under the laws of the State of Minnesota (the
"Authority"), and (iii) EXCELSIOR & GRAND II LLC, a Minnesota limited liability company
("Borrower").
Recitals
WHEREAS, the Authority and the City are conveying or have conveyed to Borrower the
real property legally described on Exhibit "A" attached hereto (the "Premises") pursuant to a
certain Quit-Claim Deed dated October __, 2003, filed for record in the Office of the County
Recorder on ____________, 2003 as Document No. ________ and in the Office of the Registrar
of Titles as on ____________, 2003 as Document No. ___________, Hennepin County,
Minnesota ("Deed");
WHEREAS, Lender is making a loan to Borrower in the original principal amount of
Twenty-Eight Million and No/00 Dollars ($28,000,000.00) (the "Loan") for the construction of a
120 unit condominium in St. Louis Park, Minnesota ("Improvements”), upon the Premises;
WHEREAS, as evidence of the Loan, the Borrower is executing and delivering to the
Lender its Promissory Note dated October 15, 2003, in the original principal amount of the Loan
and is executing and delivering to the Lender its Mortgage, Security Agreement, Assignment of
Leases and Rents and Fixture Financing Statement, each dated of even date herewith and certain
other loan and security documents (collectively the "Loan Documents");
WHEREAS, Meridian Properties Real Estate Development LLC, a Minnesota limited
liability company ("Meridian"), the Authority and the City have entered into a certain Amended
and Restated Contract for Private Redevelopment Agreement dated July 23, 2001, filed for
record in the office of the County Recorder on December 27, 2001 as Document No ________
and in the office of the Registrar of Titles on December 27, 2001 as Document No.
______,Hennepin County, Minnesota, as modified by that certain Supplement to Amended and
Restated Contract for Private Redevelopment, dated December 1, 2001, as amended by that
certain First Amendment to Amended and Restated Contract for Private Redevelopment, dated
March 3, 2003, by that certain Second Amendment to Amended and Restated Contract for
Private Redevelopment, dated as of September 15, 2003, and by that certain Third Amendment
to Amended and Restated Contract for Private Redevelopment, dated October __, 2003 (as
amended, assigned and supplemented, the "Development Agreement");
WHEREAS, Meridian has assigned certain of its interests in the Development Agreement
to the Borrower under an Assignment and Assumption Agreement dated October __, 2003 and
consented to by the City and the Authority;
1578945v2 3
WHEREAS, as a condition to the closing of the Loan, the parties hereto desire to
memorialize their agreement concerning the subordination of certain of the City's and the
Authority's rights under the Development Agreement and the Deed and certain other matters as
set forth herein; and
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and for other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
Subordination. City and the Authority hereby agree that their rights under the
Development Agreement and the Deed with respect to the Premises and Phase NE (as defined in
the Development Agreement) including, but not limited to, any rights of re-entry or reversion of
title are subject and subordinate to the Lender's rights under the Loan Documents including, but
not limited to, the Mortgage, with the same force and effect as if the Loan Documents had been
executed and delivered, and any liens created thereby perfected, prior to the execution and
delivery of the Development Agreement and the Deed; provided, however, (a) this subordination
shall only be construed to apply to effect the relative priority of the Development Agreement and
the Deed as they apply to the legal parcel legally described on Exhibit "A" attached hereto, and
(b) the Authority does not subordinate to the Lender the Authority’s interest in the Assessment
Agreement Phase NE between the Authority and the Borrower dated as of October __, 2003.
Notice to Authority. Upon delivery by Lender to Borrower of any notice of
default by Borrower under any of the Loan Documents, Lender must deliver to the Authority a
copy of such default notice. Thereafter, the Authority shall have the right, but not the obligation,
to cure any such default on behalf of the Borrower, within such cure periods as are available to
the Borrower under the Loan Documents.
No Modification of Development Agreement. The City, Authority and Lender
acknowledge that Lender is not a party to the Development Agreement. This Subordination
Agreement contains the entire agreement as between the Authority, the City and the Lender with
respect to each other under the Development Agreement and the Deed. This Subordination
Agreement may be amended only in writing signed by all the parties hereto.
Miscellaneous. This Agreement shall be binding upon the parties hereto and their
respective successors and assigns, including all future owners of Lender's rights in the Loan
Documents.
1578945v2 4
THIS SUBORDINATION AGREEMENT is executed and delivered as of the date first
above written.
LENDER:
U.S. BANK NATIONAL ASSOCIATION, a
national banking association
By:
Name:
Title:
STATE OF _____________ )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of November,
2003, by _______________, a _____________ of U.S. Bank National Association., a national
banking association, on behalf of the association.
Notary Public
This document drafted by:
Frederick P. Angst, Esq.
Briggs and Morgan, P.A.
2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
(651) 808-6600
1578945v2 5
CITY:
CITY OF ST. LOUIS PARK, a Minnesota
municipal corporation
By:
Name: Jeff Jacobs
Title: Mayor
By:
Name: Charles Meyer
Title: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of November,
2003, by Jeff Jacobs and Charles Meyer, the Mayor and City Manager, respectively, of the CITY
OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
1578945v2 6
AUTHORITY:
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY, a public
body corporate and politic under the laws
of the State of Minnesota
By:
Name: James Brimeyer
Title: President
By:
Name: Charles Meyer
Title: Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of November,
2003, by James Brimeyer and Charles Meyer, the President and Executive Director, respectively,
of the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body
corporate and politic under the laws of the State of Minnesota, on behalf of the corporation.
Notary Public
1578945v2 7
BORROWER:
EXCELSIOR & GRAND II LLC, a Minnesota
limited liability company
By:
Name:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of November,
2003, by ____________________, the Managing Member of EXCELSIOR & GRAND II LLC,
a Minnesota limited liability company, on behalf of the Company.
Notary Public
1578945v2 8
EXHIBIT "A"
LEGAL DESCRIPTION
St. Louis Park City Council Agenda
Item: 110303 - 4L - 2nd Reading Alley Vacation
Page 1 of 4
4L Motion to approve Second reading of Ordinance to vacate alley north of Block 7
Oak Park Village originally platted in 1887 Rearrangement of St. Louis Park plat,
to approve summary and authorize publication CASE NO. 03-63-VAC, approve
the summary and authorize summary publication.
Background:
The alley in question is situated just northeast of EDA owned property located on the northeast
quadrant of Louisiana Avenue and Walker Street. The EDA is currently working with a
buyer/developer who is interested in constructing an office building on the EDA property. This
use is consistent with the existing zoning and comprehensive plan designations for the property.
It is also consistent with the recommendations of a land use study that has been adopted into the
comprehensive plan redevelopment chapter.
The prospective buyer of the property has asked the City to vacate the alley as part of the
process. Due to grade differences, the alley was never developed.
This alley vacation will be followed by a subdivision proposal that divides Block 7 (attaching the
northern “handle” section to Park Tavern) and incorporates half of the vacated alley. The
subdivision will also dedicate as street right of way that portion of Walker Street that was
constructed over the southern portion of Block 7. The other half of the vacated alley will be
attached to the adjacent property to the northeast.
Public Works has reviewed the proposed vacation and reports that there are no City utilities
located within the alley. A copy of the vacation request has been forwarded to utility companies.
Center Point Energy responded stating they have no objections to the vacation. Xcel Energy has
a power pole within the alley and has requested that an easement remain in place to
accommodate their need. The proposed Ordinance states that an easement over the alley be
retained. Perimeter easements will also be required on the above referenced plat.
The Planning Commission reviewed the request on October 1, 2003, and recommended approval
of the vacation. The City Council held a public hearing and approved first reading on October
20, 2003.
St. Louis Park City Council Agenda
Item: 110303 - 4L - 2nd Reading Alley Vacation
Page 2 of 4
Site Map:
Recommendation:
Approve 2nd reading of proposed Ordinance.
Attachments: Proposed Ordinance
Summary Ordinance
Prepared by: Judie Erickson
Approved by: Charles W. Meyer, City Manager LOUISIANA AVE SW AL KE R ST
R
E
P
U
B
LIC A
V
E
#
SUBJECTALLEY
EDAProperty
Block 7
St. Louis Park City Council Agenda
Item: 110303 - 4L - 2nd Reading Alley Vacation
Page 3 of 4
ORDINANCE NO. 2254-03
AN ORDINANCE VACATING ALLEY
NORTH OF BLOCK 7 OAK PARK VILLAGE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition initiated by the City of St. Louis Park has been duly filed with
the City Clerk, requesting vacation of the alley described below. The City Clerk has furnished a
copy of said petition to the newspaper, the St. Louis Park Sailor, on October 9, 2003 as required
by the municipal code, has conducted a public hearing upon said petition and has determined that
the alley is not needed for public purposes, and that it is for the best interest of the public that
said alley be vacated.
Section 2. The following described alley as now dedicated and laid out within the
corporate limits of the City of St. Louis Park, is vacated:
North of Block 7 Oak Park Village originally platted in 1887 Rearrangement of St. Louis
Park plat
for alley only reserving, however, to the City of St. Louis Park any and all easements that may
exist in, over, and across the described property for storm sewer, sanitary sewer, water main, and
public utility purposes.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in
the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council November 3, 2003
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
03-63-VAC:res-ord
St. Louis Park City Council Agenda
Item: 110303 - 4L - 2nd Reading Alley Vacation
Page 4 of 4
SUMMARY
ORDINANCE NO._____________
AN ORDINANCE VACATING ALLEY
NORTH OF BLOCK 7 OAK PARK VILLAGE
This ordinance states that an existing alley located North of Block 7 Oak Park Village shall be
vacated.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council November 3, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: November 13, 2003
03-63-VACsum:res-ord
St. Louis Park City Council Agenda
Item: 110303 - 4m - 2nd Reading Ornamental Features
Page 1 of 7
4m Motion to approve second reading and adopt an ordinance amending St. Louis
Park Ordinance Code (Zoning) relating to defining ornamental structures and
standards for their size and placement in yards; approve summary ordinance and
authorize publication. Case No. 03-45-ZA
Background:
Bruce and Kathy Cornwall, residents at 4320 Brook Avenue have requested an ordinance
amendment that would define ornamental features and amend standards for placement of such
structures in yards or eliminate the standards entirely.
On August 20, 2003, the Planning Commission held a public hearing and heard testimony
regarding the proposed ordinance amendment. The Planning Commission closed the public
hearing and deferred formal consideration until they could hold a Study Session on the item.
The Planning Commission discussed the proposed amendment at length during a Study Session
on September 17, 2003. The City Council also discussed this item at a Study Session on
September 22, 2003.
Subsequent to both Study Sessions, a Council member suggested an alternative that would
provide some additional flexibility compared to the alternative proposed during the Council
Study Session. However, it would not provide as much flexibility as requested by the Cornwalls
or suggested by the Planning Commission during their Study Session. The third alternative
would exempt an arch over a pedestrian path or sidewalk from having to meet either the setback
requirement or fence height limitation. Other types of ornamental features or structures would
have to meet either the setback or be within the fence height limitations.
On October 1, 2003 the Planning Commission reviewed the ordinance options and recommended
approval of an amendment that would allow ornamental structures up to property lines provided
they comply with fence height limitations. The Planning Commission also recommended
allowing one height exemption for a covered walkway (arch, pergola or trellis) per lot line. The
Planning Commission also recommended specific language exempting vegetation from the
ordinance limitations. At their October 13, 2003 study session the City Council reviewed the
Commission recommendation and suggested minor additions. The additions include requiring
the finished side of the structure to face the neighboring property (similar to fences), a ten foot
by ten foot maximum size for walkway structures in the required yard area and clarification of
walkway locations.
On October 20, 2003 the City Council considered First Reading of the attached ordinance, which
contains the Commission recommendation with the suggestions from the Council study session.
The City Council heard additional testimony from the Cornwalls and other residents and
approved First Reading of the ordinance on a vote of 7-0. The Council did not suggest any
changes to the ordinance compared to First Reading. A Summary Ordinance has been prepared
for publication.
St. Louis Park City Council Agenda
Item: 110303 - 4m - 2nd Reading Ornamental Features
Page 2 of 7
If the Council approves Second Reading on November 3, 2003, the ordinance will be published
on November 13h and become effective on November 28, 2003.
Attachments:
Ø Proposed 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: 110303 - 4m - 2nd Reading Ornamental Features
Page 3 of 7
ORDINANCE NO. 2255-03
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-4, 36-73 AND 36-78
PERTAINING TO ACCESSORY ORNAMENTAL STRUCTURES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 03-45-ZA).
.
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 36-73 and 36-78 are hereby
amended by deleting stricken language and adding underscored language. Section breaks are
represented by ***.
Section 36-4 Definitions.
***
Ornamental structures are built or placed in the landscape for decorative or horticultural purposes and are
accessory to and detached from the principal structure. They do not have solid walls or a solid roof.
These include but are not limited to trellises, arbors, arches, pergolas, gateways, flagpoles, fountains,
birdbaths, birdhouses, and yard sculptures. These do not include trees, shrubs or other vegetation.
***
Sec. 36-73. Yard encroachments
***
(a) Any yard. The following shall not be encroachments on yard requirements provided all
structures are located entirely upon the private property of the party requiring or requesting the
construction of the structure, the encroachment is within height limitations of this Code, no
permanent structure is placed in an easement without first obtaining approval of an encroachment
agreement and ornamental structures are constructed so the finished side is facing towards the
neighboring properties, exposing the structural side to the party requiring or requesting the
structure:
(1) Yard lights and the nameplate signs for one-family and two-family dwellings in the R-1, R-2
and R-3 districts.
(2) Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating
parking areas, loading areas, or yards for safety and security purposes if these meet the
regulations of section 36-363.
(3) Flagpoles, birdbaths and other ornamental features detached from the principal building which
are a minimum of four feet from any lot line. Ornamental structures that are a minimum of three
St. Louis Park City Council Agenda
Item: 110303 - 4m - 2nd Reading Ornamental Features
Page 4 of 7
feet from any lot line. Maximum 15 foot height limit except as allowed for flagpoles per Section
36-78.
(4) Ornamental structures within the three foot yard area up to six feet tall in the rear and side
yards and up to three and one-half feet tall in the front yard.
(5) Arbors, pergolas, arches, gateways or similar open structures over purposeful pedestrian
walkways that extend between properties, between front and back yard areas, or from the public
right-of-way to a house or garage. Maximum one such structure per lot line with a maximum ten
foot height and ten foot width within the required three foot yard area.
(4) (6) Railroad feeder tracks which provide access to buildings and structures in the C-1, C-2, O,
I-P and I-G districts. No loading or unloading may be done from railroad cars on any feeder track
in any front yard.
(5) (7) Canopies no more than 12 feet wide are permitted in the R-4, R-C, C-1, C-2, O, I-P and I-
G districts if they are open at the sides, comply with provisions of section 36-76 and provide 14
feet of clearance if located over any access roadway or fire lane.
(6) (8) Enclosed pedestrian walkways must meet the following standards:
a. The walls of the walkway shall conform with the class I exterior materials requirements of
this chapter.
b. Such walkways may be no more than 16 feet wide and 12 feet in height from floor to
ceiling.
c. A clearance of 16 feet six inches is required if the walkway is above a traveled roadway.
d. The properties connected by the walkways must submit documents that indicate their
agreement to build the arrangement for maintenance of the walkway, and under what
conditions the walkways might be removed.
e. The location of any pedestrian walkway shall be approved by the director of public works
and community development director. Approval shall not be granted for any walkway that
does not provide a satisfactory means to access any utility or public trail lying under or
adjacent to the walkway.
(7) (9) Driveways, parking areas, and pedestrian sidewalks subject to the requirements of
sections 36-162 and 36-361.
(8) (10) Fences and retaining walls subject to the requirements of section 36-74 and provided the
retaining walls are necessary to correct grade differences and height is minimized via terracing
where feasible. Where a fence is attached to a retaining wall structure, the retaining wall shall be
included in the fence height measurement.
(b) Principal building – any yard. The following shall not be encroachments on yard requirements for
principal buildings provided no permanent structure is placed in an easement without first obtaining
approval of an encroachment agreement:
(1) Balconies, bays and window wells not exceeding a depth of three feet or containing an area of
more than 20 square feet.
St. Louis Park City Council Agenda
Item: 110303 - 4m - 2nd Reading Ornamental Features
Page 5 of 7
(2) Chimney, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves, and gutters; provided they do not extend more than three feet into a required yard; and
provided such encroachment is no closer than four feet from all lot lines. Building overhangs shall
also comply with the state building code.
(3) Terraces and steps which do not extend more than 2 1/2 feet above the height of the ground
floor level of the principal building, awnings, and door hoods provided they are a minimum of two
feet from any lot line.
(4) Uncovered porches, stoops, patios or decks which do not extend above the height of the
ground floor level of the principal building and are a minimum of two feet from any interior side or
rear lot line and 15 feet from any front lot line and do not encroach on any side yard abutting a
street.
(5) Open covered porches that do not contain either windows or screens and are a minimum of
five feet from any interior side lot line, nine feet from any side yard line abutting a street, 25 feet
from any rear lot line and 20 feet from any front lot line. Porches shall be open between the floor
and the ceiling. All railings shall be open utilizing posts and spindles.
(c) Accessory buildings rear or side yard. The following shall not be encroachments on rear and side
yard requirements for accessory buildings: cornices, eaves and gutters; provided they do not extend more
than eight inches into a required yard; and provided such encroachment is no closer than 16 inches from
all lot lines. Building overhangs shall also comply with the state building code.
(d) Rear or side yard. The following shall not be encroachments on side and rear yard requirements
provided no permanent structure is placed in an easement without first obtaining approval of an
encroachment agreement:
(1) Heating, ventilating and air conditioning equipment in side yards abutting a street and rear
yards, but is an encroachment in interior side yards. None of that equipment shall extend more
than six feet from the principal structure and the equipment shall be screened from view.
(2) Railroad spurs and sidings for loading and unloading of railroad cars in the I-P and I-G
districts.
(e) Rear yard. The following shall not be encroachments on rear yard requirements provided no
permanent structure is placed in an easement without first obtaining approval of an encroachment
agreement:
(1) Balconies, Ddetached outdoor picnic shelters, gazebos and recreational equipment that are a
minimum of three feet from the rear and side lot lines.
(2) Swimming pools, whirlpools, saunas and tennis courts provided they are a minimum of five
feet from the rear lot line, are enclosed by a privacy fence that screens the view from neighboring
properties, and any associated accessory structures such as the required fence, decks, patios,
and heating equipment meet all Code requirements including subsections (a), (b), and (d) of this
section, section 36-74 and section 36-162.
***
Sec. 36-78. Height limitations.
St. Louis Park City Council Agenda
Item: 110303 - 4m - 2nd Reading Ornamental Features
Page 6 of 7
(a) Height limitations set forth elsewhere in this ordinance shall be increased by 50 percent when
applied to the following structures:
(1) Art objects in non-residential districts and accessory to permitted principal non-residential
uses (churches, schools, parks, etc.) in residential districts.
(2) Belfries.
(3) Chimneys.
(4) Church spires.
(5) Communication towers. Heights in excess of those allowed under this section shall be
permitted only by conditional use permit granted by resolution of the city council
determining that such structure would not be dangerous and would not adversely affect
adjoining or adjacent property. This determination will be made based on the following
conditions:
a. Distance from abutting residential property.
b. Tower design and collapse radius.
c. Aesthetic considerations such as color and design.
(6) Cooling towers.
(7) Cupolas and domes which do not add additional floor area.
(8) Elevator penthouses.
(9) Fire and hose towers.
(10) Flagpoles.
(11) Monuments.
(12) Observation towers.
(13) Smokestacks.
(b) Parapet walls extending not more than three feet above the limiting height of the building.
(c) Water towers are exempt from height limitations.
Sec. 3. The contents of Planning Case File 03-45-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council November 3, 2003
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
St. Louis Park City Council Agenda
Item: 110303 - 4m - 2nd Reading Ornamental Features
Page 7 of 7
City Clerk City Attorney
03-45-ZA:res/ord
SUMMARY
ORDINANCE NO._____________
AN ORDINANCE PERTAINING TO ACCESSORY ORNAMENTAL STRUCTURES
This ordinance further defines ornamental structures and their height and placement in yards.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council November 3, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: November 13, 2003
4n Motion to authorize the Mayor and City Manager to execute Cooperative
Agreement For Elmwood Area Redevelopment Project with Hennepin County
Background:
On May 19, 2003, the City Council adopted Resolution 03-050 authorizing staff to make
application for a grant from Hennepin County Housing, Community Works and Transit to
construct a water main project within the Elmwood Area (West 36th Street) to facilitate
redevelopment recommended by the Elmwood Area Land Use, Transportation/Transit Study.
The grant application was approved by the Hennepin County board and requires the execution of
the attached agreement.
The Hennepin County Housing, Community Works and Transit grant was made available in
2003, with funds available in early 2004 for infrastructure improvements related to transit-
oriented development. Staff made application and was awarded funds for a water main project
that would upgrade the water main on West 36th Street between Brunswick and Webster
Avenues from a six inch to a 12 inch main. A technical analysis was completed by Progressive
Consulting Engineers, Inc., the City’s water service consultant, to determine the water service
needs associated with the land use recommendations of Elmwood Area Land Use, Transit &
Transportation Study. The grant proposal was based upon the findings of that analysis and was
awarded in the amount of $304,671.
Attached is a copy of the agreement drafted by Hennepin County for signature. The City
Attorney and Public Works have reviewed the same and have no objection to executing the
document.
Due to the widening of the Excelsior Boulevard bridge over TH 100 in 2004 and the resulting
traffic impacts, the water main replacement project may not be undertaken until 2005.
Recommendation:
Authorize Mayor and City Manager to execute the agreement.
Attachments: Previously adopted Resolution 03-050 authorizing grant application
Cooperative Agreement For Elmwood Area Redevelopment Project
Prepared by: Judie Erickson, Planning Coordinator
Approved by: Charles W. Meyer, City Manager
RESOLUTION NO. 03-050
A RESOLUTION APPROVING THE APPLICATION TO THE HENNEPIN COUNTY
HOUSING AND REDEVELOPMENT AUTHORITY FOR
A GRANT TO CONSTRUCT A WATER MAIN IN
THE ELMWOOD AREA ON WEST 36TH STREET
WHEREAS, the St. Louis Park City Council accepted the Elmwood Area Land Use,
Transit & Transportation Study with conditions on March 3, 2003, and
WHEREAS, the Elmwood Area Land Use, Transit & Transportation Study recommended
transit-oriented land use and redevelopment patterns in response to the area’s proximity to the
Hennepin County Southwest Transit Corridor, and
WHEREAS, redevelopment within the Elmwood Area will require upgraded water
service in accordance with a technical analysis of the water distribution system.
BE IT RESOLVED that the City of St. Louis Park, in accordance with Minnesota
Statutes § 383B.77, subd. 3., supports the transit oriented development loan/grant application
submitted to the Hennepin County Housing and Redevelopment Authority on May 19, 2003, by
Community Development Department for the Elmwood Area water main project.
Reviewed for Administration Adopted by the City Council ________________
City Manager Mayor
Attest:
City Clerk
Prepared by:
Approved by:
Hennepin County Contract No. A031376
COOPERATIVE AGREEMENT FOR
ELMWOOD AREA REDEVELOPMENT PROJECT
This Agreement made and entered into by and between the County of Hennepin, State of
Minnesota, a public body corporate and politic, hereinafter referred to as the “County”, A-2300
Government Center, Minneapolis, MN 55487, and the City of St. Louis Park, a public body
corporate and politic, hereinafter referred to as the “CITY”, 5005 Minnetonka Boulevard, St.
Louis Park, MN 55416, and the Hennepin County Housing and Redevelopment Authority, a
public body corporate and politic, hereinafter referred to as the “HCHRA”, 417 North Fifth
Street, Suite 320, Minneapolis, MN 55401-1362.
WHEREAS, by Resolution No. 03-HCHRA-11 the HCHRA authorized an award of
$304,671 to the CITY for the Elmwood Area Redevelopment Project (the “Project”); and
WHEREAS, by Resolution No. 96-10, the CITY approved a redevelopment plan for the
Project area (the “Plan”); and
WHEREAS, the Project fits within the goals of a multijurisdictional reinvestment
program authorized under Minnesota Statutes §383B.79 (the “Program”); and
WHEREAS, the COUNTY has approved the Plan and the Program, and has included the
Project in its capital improvement plan; and
WHEREAS, the HCHRA has the authority to participate in the Project pursuant to
Minnesota Statutes §§383B.79 and 469.001 to 469.047 and other applicable law; and
WHEREAS, the COUNTY has the authority to contribute to the Project pursuant to
Minnesota Statutes §§383B.79 and 469.041 and other applicable law; and
WHEREAS, the parties are authorized to enter into this agreement pursuant to
Minnesota Statutes §§383B.79, 471.59 and other applicable law; and
WHEREAS, the HCHRA wishes to contract with the CITY for construction of said
Project.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereafter set forth, the parties agree as follows:
1. Term and Cost of the Agreement. The CITY agrees to complete the Project
described in Section 2 by December 31, 2005. The COUNTY agrees to contribute, through the
HCHRA, an amount not to exceed $304,671 to the CITY for the Project.
2. Use of Funds. The CITY shall use all funds received under this Agreement for
construction of the Project in accordance with the application submitted by the CITY to the
HCHRA dated May 19, 2003. The CITY shall be solely responsible for securing all additional
funds needed for completion of the Project.
3. Payment. Payment shall be made directly to the CITY upon the presentation of a
claim in the manner provided by law governing the COUNTY’S payment of claims and/or
invoices. The CITY shall submit timely invoices for construction related expenses on forms
which may be furnished by the COUNTY or the HCHRA. Payment shall be made within forty-
five (45) days from receipt of the invoice.
4. Independent Contractor. The CITY shall select the means, method, and manner
of performing the services herein. Nothing is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties hereto or as
constituting the CITY as the agent, representative, or employee of the COUNTY or the HCHRA
for any purpose or in any manner whatsoever. The CITY is to be and shall remain an
independent contractor with respect to all services performed under this Agreement. The CITY
represents that it has or will secure at its own expense all personnel required in performing
services under this Agreement. Any and all personnel of the CITY or other persons while
engaged in the performance of any work or services required by the CITY under this Agreement
shall have no contractual relationship with the COUNTY or the HCHRA, and shall not be
considered employees of the COUNTY or the HCHRA. Any and all claims that may or might
arise under the Minnesota Economic Security Law or the Workers’ Compensation Act of the
State of Minnesota on behalf of said personnel, arising out of employment or alleged
employment, including, without limitation, claims of discrimination against the CITY, its
officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY
or the HCHRA. The CITY shall defend, indemnify, and hold harmless the COUNTY and the
HCHRA, its officials, officers, agents, volunteers, and employees from any and all such claims
irrespective of any determination of any pertinent tribunal, agency, board, commission, or court.
Such personnel or other persons shall neither require nor be entitled to any compensation, rights,
or benefits of any kind whatsoever from the COUNTY or the HCHRA, including, without
limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers’
Compensation, Re-employment Compensation, disability, severance pay, and retirement
benefits.
5. Data Privacy. The CITY, its officers, agents, owners, partners, employees,
volunteers and subcontractors agree to abide by the provisions of the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the
same may be amended. The CITY agrees to defend, indemnify and hold harmless the
COUNTY, the HCHRA, their officials, officers, agents, employees, and volunteers from any
claims resulting from the CITY’s officers’, agents’, owners’, partners’, employees’, volunteers’,
assignees’ or subcontractors’ unlawful disclosure and/or use of such protected data. The terms
of this paragraph shall survive the cancellation or termination of this Agreement.
6. Records – Availability/Access. Subject to the requirements of Minnesota Statutes
Section 16C.05, Subd. 5 (as may be amended), the CITY agrees that the CONTY, the HCHRA,
the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any
time during normal business hours, and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to the accounting practices and procedures of the CITY
and involve transactions relating to this Agreement. Such materials shall be maintained and such
access and rights shall be in force and effect during the period of the contract and for six (6)
years after its termination or cancellation.
7. Merger and Modification.
a. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof. All items
referred to in this Agreement are incorporated or attached and are deemed to be
part of this Agreement.
b. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
8. Default and Cancellation.
a. If the CITY fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the CITY’s default is excused by the HCHRA, the
HCHRA may upon written notice immediately cancel this Agreement in its
entirety. Additionally, failure to comply with the terms of this Agreement shall
be just cause for the HCHRA for delaying payment until the CITY’s compliance.
b. The HCHRA’s failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
c. This Agreement may be canceled with or without cause by any party upon thirty
(30) days’ written notice.
9. Contract Administration. In order to coordinate the services of the CITY with the
activities of the HCHRA so as to accomplish the purposes of this Agreement, Patrick Connoy, or
his successor, shall manage this Agreement on behalf of the HCHRA and serve as liaison
between the HRA and the CITY.
10. Notices. Any notice or demand which must be given or made by a party hereto
under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be
sent registered or certified mail. Notices to the COUNTY shall be sent to the County
Administrator at the address given in the opening paragraph of the Agreement. Notice to the
HCHRA shall be sent to the Deputy Executive Director at the address stated in the opening
paragraph of the Agreement. Notice to the CITY shall be sent to the address stated in the opening
paragraph of the Agreement.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
COUNTY BOARD APPROVAL
The CITY and the HCHRA having signed this Agreement, and the Hennepin County
Board of Commissioners having duly approved this Agreement on the ____ day of
___________, ______, and pursuant to such approval, the proper COUNTY officials having
signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN
ATTEST:
By:________________________________ By: ________________________________
Deputy/Clerk of the County Board Chair of Its County Board
Date: ________________________ Date: ________________________
APPROVED AS TO FORM: And:________________________________
Assistant/Deputy/County Administrator
By:________________________________ Date: ________________________
Assistant County Attorney
Date: ________________________
And: ________________________________
Assistant County Administrator, Public
Works and County Engineer
Date: ________________________
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By:________________________________ By: ________________________________
Assistant County Attorney Director, Department of Housing,
Date: ________________________ Community Works & Transit
Date: ________________________
HENNEPIN COUNTY HOUSING AND
REDEVLOPMENT AUTHORITY
By:_______________________________
Chair of its Board
And:______________________________
Executive Director
CITY OF ST. LOUIS PARK
By:________________________________
Its:________________________________
And:_______________________________
Its:________________________________
St. Louis Park City Council Agenda
Item: 110303 - 4o - Sprinkler Assessment
Page 1 of 2
4o Motion to adopt a resolution authorizing installation and special assessment of a
fire sprinkler system at 6215-6225 Cambridge Street and directing the Mayor and
City Manager to execute a special assessment agreement with the property owner.
Background:
William F. Smith, owner of the commercial building at 6215-6225 Cambridge Street has
requested that the City authorize the installation of an automatic fire suppression sprinkler
system for the building and assess the cost against the property in accordance with the City’s
special assessment policy.
Analysis:
The special assessment policy for installation of automatic fire sprinkler systems in existing
buildings was adopted by the City Council in 1995. The City promotes the installation of fire
suppression sprinkler systems and facilitates their installation to promote the general public
health, safety and welfare within the community.
The Building Code requires the installation of a fire sprinkler system in this building because of
major remodeling project in the building. The property owner will be hiring a contractor to
install the sprinkler system throughout the building and bring it up to compliance with the
current code. Based on the proposed work the system qualifies for the City’s special assessment
program. The property owner has petitioned to the City to authorize the installation of the fire
sprinkler system and specially assess the cost of the installation. Sprinkler plans have been
submitted and approved by City staff. The total eligible cost of the installation has been
determined to be $98,426. An Administrative Fee of $492.13 will be added to the special
assessment.
Staff has determined the adequate funds are available through the Special Assessment
Construction Fund.
Prepared by: Luke Stemmer, Fire Chief
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 4o - Sprinkler Assessment
Page 2 of 2
RESOLUTION NO. 03-162
RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF
FIRE SPRINKLER SYSTEM AT 6215-6225 CAMBRIDGE STREET
WHEREAS, the Property Owner(s) at 6215-6225 Cambridge Street (“Benefited
Property”) (has) have petitioned the City of St. Louis Park to authorize a special assessment for
the installation of a fire sprinkler system in their commercial building on the Benefited Property;
and
WHEREAS, the Property Owner(s) (has) have agreed to waive their right to a public
hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Fire Marshal related to the installation of the fire sprinkler system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The petition from the Property Owner(s) requesting the approval and special
assessment for the fire sprinkler system is hereby accepted.
2. The installation of the fire sprinkler system in conformance with the plans and
specifications approved by the Fire Department and Department of Inspections is hereby
authorized.
3. The total estimated cost for the design and complete installation of the fire
sprinkler system is accepted at $98,426.
4. The Property Owner(s) (has) have agreed to waive their rights to a public hearing,
notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter
429, or by other statutes, or by ordinance, City Charter, the constitution, or common law.
5. The Property Owner(s) agree(s) to pay the City for the cost of the above
improvements through special assessment over a ten (10) year period at six point three percent
(6.3%) interest.
6. The Property Owner(s) agree(s) to execute an agreement with the City and any
other documents necessary to implement the installation of the fire sprinkler system and the
special assessment of all costs associated therewith.
Attest: Adopted by the City Council November 3, 2003
City Clerk Mayor
Reviewed for Administration:
City Manager
St. Louis Park City Council Agenda
Item: 110303 - 4p - Final Payment Sunram Construction
Page 1 of 1
RESOLUTION NO. 03-163
RESOLUTION ACCEPTING CONSTRUCTION OF
THE VETERANS’ MEMORIAL AMPHITHEATER
IN WOLFE PARK
CONTRACT NO. 27-02
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated April 18, 2002, Sunram Construction, Inc.
has satisfactorily completed work on the Veterans’ Memorial Amphitheater, as per Contract
No. 27-02.
2. The Director of Parks and Recreation has filed her recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The City Manager is
directed to make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 110303 - 4q - Final Payment Thomas and Sons
Page 1 of 1
RESOLUTION NO. 03-164
RESOLUTION ACCEPTING WORK ON
2002 SIDEWALK IMPROVEMENT PROJECT
CITY PROJECT NO. 02-01A
CONTRACT NO. 118-02
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated September 17, 2002, Thomas & Sons
Construction, Inc. has satisfactorily completed the 2002 Sidewalk Improvement Project - City
wide, as per Contract No. 118-02.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is directed to
make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 110303 - 4r - Final Payment Tekton Construction
Page 1 of 1
RESOLUTION NO. 03-157
RESOLUTION ACCEPTING WORK ON
ENTRY SIGNAGE AND SITE IMPROVEMENTS
CITY PROJECT NOS. 00-19 & 02-11
CONTRACT NO. 113-02
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated August 19, 2002, Tekton Construction
Company, Inc. has satisfactorily completed the entry signage and site improvements, as per
Contract No. 113-02.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is
directed to make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 110303 - 4t - Lamplighter MCWD Declaration Agmt
Page 1 of 5
4t. Motion to approve Stormwater Facility Maintenance Declaration with the
Minnehaha Creek Watershed District to inspect and maintain Lamplighter Pond
Background: The City submitted a permit application to the Minnehaha Creek Watershed
District (MCWD) for the construction of the Lamplighter Pond Flood Improvement Project.
This permit was approved on September 25, 2003, subject to several conditions. These included:
• Submission of a declaration for maintenance of the storm water pond and preservation of the
35-foot wetland buffer which must be executed and recorded
• Submission of a detailed vegetation plan for the 35-foot wetland buffer
• Submission of a monitoring report of the function, value, and quality of vegetation of the
wetland buffer once each year for 5 years due on September 1 each year beginning in 2004
The proposed declaration for maintenance commits the City to inspecting the outlets, pumps and
storm sewer associated with the pond in the Spring and Fall of each year and to remove
accumulated sediment and debris if any is found during these inspections. Also, once the pond
has accumulated a significant amount of sediment, (enough to decrease the wet storage volume
by ½ of its original design volume), the City will be responsible for removing this accumulated
sediment.
These requirements are similar to those outlined in the City’s National Pollutant Discharge
Elimination System (NPDES) permit and therefore, staff is amenable to these obligations. The
City Attorney, Mr. Tom Scott, has also reviewed the proposed Maintenance Agreement and
approved its submittal to the City Council for consideration.
Attachment: Declaration
Attachment A-Project Site Plan (supplement)
Attachment B-Stormwater Facility Maintenance Plan
Attachment C-Vegetation Management Plan (supplement)
Prepared by: Maria Hagen, City Engineer
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 4t - Lamplighter MCWD Declaration Agmt
Page 2 of 5
DECLARATION
THIS DECLARATION is made this _________ day of October 2003, by the City of St.
Louis Park, Declarant.
RECITALS
WHEREAS, The City of St. Louis Park is the owner of real property within the City of
St. Louis Park, Hennepin County, Minnesota, platted and legally described as follows:
(To be obtained from the City of St. Louis Park)
WHEREAS, the City of St. Louis Park has perpetual easement rights over the property
legally described as:
Par 5, that part of the Northwest Quarter of Section 5, Township 117, Range 21, lying South of
the most Southerly line of the plat of Turf and Paddock, and its Easterly extension and East of
the plat of Texas Terrace Third Addition, except the West 570 feet of the East 600 feet of the
South 25 feet therof, subject to utility and drainage easements as shown on plat; (as to Par 3),
subject to utility and drainage easements as shown on plat; (as to Par 4) Par 1, Lot 5, except the
South 299 feet thereof, “Beebe’s Outlots”
WHEREAS, the Properties described above constitute the entirety of the land to which
Minnehaha Creek Watershed District Permit #03-451 applies; and
WHEREAS, The City of St. Louis Park desires to subject the above referenced
Properties to certain conditions and restrictions imposed by the Minnehaha Creek Watershed
District as a condition to issuance of their Permit #03-451 for the mutual benefit of the owner of
the Properties.
NOW, THEREFORE, the City of St. Louis Park makes this Declaration and hereby
declares that this Declaration shall constitute covenants to run with the Properties, and further
declares that the Property and easement shall be owned, used, occupied, and conveyed subject to
the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which
St. Louis Park City Council Agenda
Item: 110303 - 4t - Lamplighter MCWD Declaration Agmt
Page 3 of 5
shall be binding on all persons owning or acquiring any right, title or interest in the Property, and
their heirs, successors, personal representatives, and assigns as follows:
1. Attachment B, Stormwater Facility Maintenance: The Applicant shall inspect
and maintain the stormwater retention and treatment basin located within the
property legally described in the Declaration and known as Lamplighter Pond, in
accordance with the Stormwater Facility Maintenance Plan, attached hereto and
incorporated herein as Attachment B.
2. Attachment C, Buffer Vegetation: The wetland buffer, measuring a minimum of
35 feet or greater in width at all points surrounding the wetland as delineated on
the site plan, attached hereto and incorporated herein as Attachment A, shall be
maintained in accordance with the Vegetation Management Plan, attached hereto
and incorporated herein as Attachment C.
The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the parties hereto execute this Declaration.
Dated: CITY OF ST. LOUIS PARK
By:
Jeffrey W. Jacobs, Mayor
By:
Charles W. Meyer, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 2003, by Jeffrey W. Jacobs and Charles W. Meyer, respectively the
Mayor and City Manager of the CITY OF ST. LOUIS PARK, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
St. Louis Park City Council Agenda
Item: 110303 - 4t - Lamplighter MCWD Declaration Agmt
Page 4 of 5
ATTACHMENT B
STORMWATER FACILITY MAINTENANCE
These terms apply to the stormwater facilities known as Lamplighter Pond constructed
pursuant to Minnehaha Creek Watershed District permit application number 03-451.
WHEREAS, The City of St. Louis Park, henceforth referred to as the Applicant, has
applied for a permit from the MCWD pursuant to MCWD Rule B, Stormwater Management, and
WHEREAS, the property and easements that are the subject of this agreement are legally
described in the Declaration into which this Attachment is incorporated and the facilities on the
property to which these maintenance requirements apply are as follows:
• Spring and Fall inspections of Lamplighter Pond and associated outlets, pumps, and
storm sewers, culverts and other features that are part of the design of the Lamplighter
Pond stormwater facility
• Removal of accumulated sediment and debris if found during inspection
WHEREAS, MCWD Rule B provides, “A maintenance agreement shall be submitted
for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and
all other stormwater facilities. This maintenance shall specify methods, schedule and responsible
parties for maintenance and must include at a minimum, the elements contained in the District’s
Maintenance Agreement Form.”
NOW, THEREFORE:
1. The Applicant shall inspect the stormwater retention and treatment basin legally
described in the Declaration into which this Attachment is incorporated, at a minimum of once a
year to determine if the basin’s retention and treatment characteristics are adequate. The storage
treatment basin will be considered inadequate if sediment has decreased the wet storage volume
by ½ of its original design volume. Based on this inspection, if the stormwater basin is identified
for sediment cleanout, The Applicant shall restore the basin to its original design contours within
one year of the inspection date.
2. The Applicant shall inspect the outlet structure, culverts, and other stormwater
facilities for the project in the spring and fall of each year. The Applicant shall remove all
St. Louis Park City Council Agenda
Item: 110303 - 4t - Lamplighter MCWD Declaration Agmt
Page 5 of 5
sediment and debris during the inspections such that the stormwater facility operates as designed
and permitted.
3. Violation of the inspection and/or maintenance provisions of this Agreement is a
violation of the MCWD permit for the project for which the MCWD may take action against
Applicant.
St. Louis Park City Council Agenda
Item: 110303 - 6a - LLEBG Grant
Page 1 of 1
6a Year 2003 Local Law Enforcement Block Grant
Public hearing to inform the public and allow for citizen input regarding the Police
Department budget and the relation of that budget to Local Law Enforcement Block
Grant fund disbursement
As a recipient of a Local Law Enforcement Block Grant Program award, the St.
Louis Park Police Department is requesting disbursement of $10,896.00 in grant
funds from the U.S. Department of Justice to be used for career development
training for department personnel
Recommended
Action:
Mayor to close public hearing. Motion to approve grant fund
award.
Background:
The Bureau of Justice Assistance has approved the City of St. Louis Park’s application for
funding under the Local Law Enforcement Block Grant Program (LLEBG) in the amount of
$10,896.00. The purpose of the LLEBG Program is to reduce crime and improve public safety.
Recipients must agree to comply with special conditions which include the formation of a
community advisory board to review and endorse the proposed use of funds. This advisory board
was organized and met on October 28, 2003 at which time they gave unanimous endorsement to
the use of these funds for personnel career development training. In accordance with the award’s
special conditions, recipients must also deposit the funds in an interest bearing trust fund for
allowable expenses.
Recipients must also agree to hold a public hearing prior to the obligation of any funds to allow
for citizen input regarding the proposed use of these grant funds in relation to the organization’s
budget.
Attachments: Grant application
Prepared by: John D. Luse, Chief of Police
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 1 of 7
6b Public Hearing to Consider 2004 Utility Rates
First reading of an ordinance amending rates charged for Water, Sanitary Sewer, and
Storm Water Utility.
Recommended
Action:
Mayor to close public hearing. Motion to approve 1st reading and
set second reading for November 17, 2003.
Background:
The City of St. Louis Park operates four (4) utility funds. These funds are classified as
Enterprise funds and were established to account for the acquisition and operation of Water,
Sanitary Sewer, Solid Waste, and Storm Water Utilities which are either entirely or
predominantly self-supporting from user charges to the general public. This Public Hearing will
focus on three (3) of the Utility Funds: Water, Sanitary Sewer, and Storm Water Utility.
Rates for all Enterprise funds have remained stable over the past few years. Beginning in 2004,
staff is recommending 2004 rates for all utilities be increased based on a five- year analysis of
projected revenues, expenses, and infrastructure improvements. It is important to remember that
this analysis will be completed each year to ensure its continued value and to account for
modifications to current projections.
As previously mentioned, staff has done a five year forecast on each of the four utility funds.
When projecting five years of operations, the use of estimates is required. Information for these
estimates was obtained from the five-year Capital Improvement Program, the Metropolitan
Council, the fee study conducted in 2003 (calculation of administrative and overhead fee
charges), and staff estimates.
The forecasts for each utility fund are based on the amount of retained earnings that are available
as reserves. The Water Utility and Solid Waste will be drawing down on reserves over a five
year period while the other two utilities do not have available reserves. Additional information
will be provided in the following individual Utility analyses.
Attached to this report is a Customer Impact analysis based on implementing the recommended
rate increases. The impact analysis is based on different levels of service for residential
households.
Water:
Staff is recommending a 3% rate increase for 2004. At this time, staff is projecting the following
rate increases for the years 2005 – 2008.
2005 2006 2007 2008
Rate Increase 2.10%2.40%2.50%2.50%
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 2 of 7
The rate increases projected are due to infrastructure improvements, pavement management
system contributions, and transfers to the General Fund for overhead and administrative costs.
Infrastructure improvements: Improvements projected in the capital improvement program are
included in this analysis. In the year 2004, infrastructure improvements have been increased to
$400,000. This is higher than estimated in the Capital Improvement Program. For the years
2007 and 2008, an estimate has been made based on rough information compiled by the
infrastructure management program in the amount of $400,000 each year.
Pavement Management System: This new expense was discussed during the 2004 budget
process. Contributions to this program begin in 2004. The contribution amount is $450,000 in
2004 and is adjusted for inflation each year thereafter.
Administrative and overhead fee transfer to General Fund: Based on the fee study, an annual
increase of approximately $100,000 has been made to the transfer amount for overhead and
administrative services.
If the recommended rate increases are approved, the Water Utility will have used almost all-
available reserves by the end of 2008. A three-month reserve of revenues has been removed
from this forecast to ensure sufficient cash flows are available.
Sanitary Sewer:
The Sanitary Sewer fund presented many issues when completing the five-year forecast. Staff is
recommending a 10% increase in 2004. Rate increases projected for 2005 – 2008 are indicated
in the chart below.
2005 2006 2007 2008
Rate Increase 4.00%4.00%4.00%5.00%
The impact on an average residential user in 2004 will be approximately $3.12 per quarter.
While a 10% increase is substantial, there are several reasons why this is necessary.
MCES charges: Over the past several years, MCES has been working to reduce the amount of
reserves they carried. The reserve reduction resulted in lower payments for the discharge of
sewer. At this time, the MCES has gone back to charging the full amount for sewer flow. The
percentage increase projected for the Sanitary Sewer budget includes the unbudgeted portion of
the MCES payment in 2003. MCES charges accounts for approximately 65% of the total
expenditure budget.
Pavement Management System: Contributions to this program begin in 2004. The contribution
amount is $150,000 in 2004 and is adjusted for inflation each year thereafter.
Administrative and overhead fee transfer to General Fund: In prior years, the Sanitary Sewer
Fund has transferred a nominal amount to the General Fund for administrative services and
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 3 of 7
overhead. Beginning in 2004, the fund is expected to contribute the full amount for overhead
and services received. This results in an additional cost to the Sanitary Sewer Fund of
approximately $215,000 per year.
The chart below identifies the percentage increases attributable to each item in 2004.
MCES 5.07%
Pavement Management 2.04%
Transfer 2.89%
Total Proposed Increase 10.00%
A three-month reserve of revenues has been removed from this forecast to ensure sufficient cash
flows are available.
Storm Water Utility:
The Storm Water Utility fund was established in May of 2000 to fund the Storm Water
Management Program. In order to charge landowners for their use of the storm water system
and surface water management, it was necessary to develop a formula that would fairly equate
the property based upon its’ impervious surface. A higher impervious surface, such as
commercial property, generates more run off and would use the storm water system more than
less impervious surfaces such as a residential property. Therefore, the formula used to calculate
commercial property includes a residential equivalency factor (REF) based upon the type of
property. The current rate that was established at inception of this program is $6.00 per quarter
for a single family home, which is assumed to be 1/5th of an acre. Commercial property would
be at the same rate but based upon the formula mentioned above.
Due to increased costs for construction projects, administrative fees, and operating expenses, this
rate is no longer adequate to pay for the program. Staff is recommending an increase to $7.20
per quarter. This equates to a 20% increase. Staff is projecting that the rate of $7.20 should be
stable through the year 2008. The five-year forecast will be completed again in 2004.
In addition to the rate increase, the storm water utility will need to receive an internal loan of
approximately $700,000 at a stated interest rate in order to complete the storm water capital
projects. This loan will be repaid over a 10-year period.
Construction Projects: The capital projects that instigated the establishment of this fund have
cost more than originally projected and four projects have been recently added. The City was
able to obtain a grant from the State of Minnesota in the amount of $1,600,000 to assist with
these projects. As part of the grant regulations, the City must match these funds. If the City
chooses to halt or slow construction projects due to limited funds available, the grant dollars
from the State of Minnesota will be lost. Therefore, in order to complete the projected projects
and retain the grant dollars, staff is recommending obtaining an internal loan to cover the costs
associated with the projects. The other option is to issue an additional General Obligation
Revenue bond however, there would be issuance costs associated with the bond issue. By doing
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 4 of 7
an internal loan, the City would save the issue costs and repay the debt at the same rate of
interest as a bond payment.
Administrative and overhead fee transfer to General Fund: In prior years, the Storm Water
Utility Fund has transferred a nominal amount to the General Fund for administrative services
and overhead. Beginning in 2004, the fund is expected to contribute the full amount for service
and overhead received. This results in an additional cost to the Storm Water Utility Fund of
approximately $25,000 per year.
Operating Expenses: These costs have been projected based on conservative estimates of
inflation. New National Pollution Discharge Elimination System (NPDES) permit requirements
may increase operational needs and costs over the next five years as these are implemented.
Conclusion:
To staff’s knowledge, this is the first time a comprehensive forecast of all utility funds has been
completed. Whenever a task such as this is completed for the first time, it is not unusual to have
a few surprises. While it is difficult to recommend such significant rate increases, it is necessary
to ensure the long-term financial security of these Utility Funds.
Attachments: Customer Impact Analysis
Ordinance Adopting 2004 Rates
Prepared By: Jean D. McGann, Director of Finance
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 5 of 7
Customer Impact Analysis
2003 Rate After rate 2003 Rate After rate 2003 Rate After rate
Rates increase increase Rates increase increase Rates increase increase
Water 9.08$ 1.1%9.18$ 27.87$ 2.4%28.54$ 66.66$ 0.9%67.25$
Sewer 17.55 4.7%18.37 36.87 8.5%39.99 56.19 9.6%61.60
Solid Waste 30.50 1.6%31.00 30.50 1.6%31.00 40.50 25.9%51.00
Storm Water 6.00 20.0%7.20 6.00 20.0%7.20 6.00 20.0%7.20
63.13$ 4.2%65.75$ 101.24$ 5.4%106.73$ 169.35$ 10.5%187.05$
Proposed Rate 2005 Proposed Rate 2005 Proposed Rate 2005
2004 increase increase 2004 increase increase 2004 increase increase
Water 9.18$ 1.1%9.29$ 28.54$ 2.4%29.22$ 67.25$ 2.7%69.07$
Sewer 18.37 2.0%18.73 39.99 3.4%41.35 61.60 3.9%63.98
Solid Waste 31.00 5.30%32.64 31.00 5.3%32.64 51.00 5.3%53.70
Storm Water 7.20 0.00%7.20 7.20 0.0%7.20 7.20 0.0%7.20
65.75$ 3.21%67.86$ 106.73$ 3.5%110.41$ 187.05$ 3.7%193.95$
2005
Light User Average User Heavy User
2004
Light User Average User Heavy User
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 6 of 7
ORDINANCE NO. ______ - 03
AN ORDINANCE SETTING 2004 RATES FOR
WATER, SEWER AND STORMWATER UTILITIES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Sec. 1. Section 32-31 of the Municipal Code states that rates due and payable to the city
by each water user for billings on or after February 26, 2001, for water taken from the city water
supply system shall be set from time to time by the city. The 2004 Water and Service Charge is
hereby set as follows:
Meter Size Code Meter Size
(in inches)
Monthly Quarterly
1 5/8 $ 3.63 $ 5.60
2 3/4 4.08 6.80
3 1 5.27 9.96
4 1 1/2 7.77 16.82
5 2 11.27 26.04
6 3 19.82 49.03
7 4 33.42 79.38
9 6 64.58 155.56
$0.71688 per 100 cubic feet
100 cubic feet = 750 gallons = 1 unit
Sec. 2. Section 32-98 of the City Code states that charges for sewer service to residential
and nonresidential users within the city provided in section 32-97 for billings on or after
February 26, 2001, shall be an amount per 100 cubic feet of water consumption set by the city
from time to time. The 2004 Sewer and Service Charge Rates are hereby set as follows:
$1.544 per 100 cubic feet of water consumption during the winter quarter
$3.55 Monthly and $10.65 Quarterly – Service Charge
St. Louis Park City Council Agenda
Item: 110303 - 6b - Public Hearing Utility Rates
Page 7 of 7
Sec. 3. Section 32-142 of the City Code states that fees for the use and availability of the
storm sewer system shall be determined through the use of a Residential Equivalent Factor
(REF). The 2004 Stormwater Utility Residential Equivalent Factor (REF) is hereby set as
follows:
2004 = $7.20 REF
Sec 4. The Rates set in section 1, section 2 and section 3 above shall be included in
Appendix A of the City Code with other fees and charges called for by ordinance.
Sec 5. This ordinance shall become effective 15 days after its publication
Adopted by the City Council November 3, 2003
Reviewed for Administration
City Manager Mayor
Attest:: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 110303 - 8a - Employer Contribution Cafeteria Benefit Plan
Page 1 of 4
8a Establishing employer contribution for employer-provider cafeteria style benefit
programs for 2004.
Each year, the City Council is asked to approve an amount for Employer contribution
to the Cafeteria Benefit Plan. The amount is based on market and increased insurance
premiums.
Recommended
Action:
Motion to adopt resolution approving a $45/mo. increase in the
employer contribution for the cafeteria benefit plan for 2004.
Background:
Each fall, the Council sets the benefit contribution for St. Louis Park employees to use in our
cafeteria benefit plan. The City holds “open enrollment” information sessions in mid-November,
allowing employees select benefits for the upcoming plan year. Our cafeteria benefit plan offers
choices in the following areas:
• Health – 4 plans offered by Medica with 4 tier options of coverage to select from: employee,
employee & child(ren), employee & spouse and family
• Basic life coverage offered through Prudential Life
• Supplemental life insurance
• Dependent life insurance
• Dental offered through Delta for employee or family coverage
• Long-term disability offered through Fortis
• Flexible spending accounts allowing employees to set aside funds pre-tax for qualified
medical expenses up to $2,400, or daycare up to $5,000
• Deferred compensation 4 plan options (457 plan for retirement savings pre-tax).
Benefit Analysis for 2004:
Medical Insurance: The City of St. Louis Park participates with a group of cities to
purchase health insurance (LOGIS Healthcare Group, 5892 members). For 2004, the LOGIS
plan required a 26% increase due to claims experience. Through negotiations and some minor
plan changes, renewal rates were lowered to 13.6% on the high and elect plan, 20.5% on the low
plan. Although 13.6% is a large increase, we are pleased with the renewal rates since trend alone
on medical increase for 2004 is 13.5%.
Population Health Management: The LOGIS Board has cut administrative fees,
negotiated plan changes, negotiated rates with Medica over the years to cut back on premiums.
We now need to look to our employees to help control medical costs. In order to do this, LOGIS
Health group is starting a Population Health Management Program in 2004. The goal of the
program is to manage the health of the entire population using our medical programs. LOGIS
member cities will work together and have our employees complete a health risk assessment.
We will tap into Medica wellness resources, use high-risk intervention and Medica Disease
Management Programs. This program will be offered to all LOGIS Health Members as part of
the 2004 plan.
St. Louis Park City Council Agenda
Item: 110303 - 8a - Employer Contribution Cafeteria Benefit Plan
Page 2 of 4
Changes to the plan are as follows:
• Increase co-pay from $15 to $30
• Add Medica Essential plan (similar to Medica Elect plan except has Fairview network)
• Add Population Health Management
2004 rates are as follows:
Increase Monthly premium
’03 to ’04 Medica Medica
High 2004 2003
Single +44.92 $374.75 $329.83
Emp & Spouse +95.94 $800.37 $704.43
Emp & Child(ren) +90.64 $756.10 $665.46
Family +117.96 $987.70 $869.74
Elect & Essential 2004 2003
Single +41.04 $342.33 $301.29
Emp & Spouse +87.64 $731.11 $643.47
Emp & Child(ren) +82.81 $690.66 $607.85
Family +108.21 $ 902.67 $794.46
Low 2004 2003
Single +56.80 $ 333.87 $277.07
Emp & Spouse +121.30 $713.02 $591.72
Emp & Child(ren) +114.60 $ 673.57 $558.98
Family +149.77 $880.35 $730.58
Dental: We went out to bid to shop for competitive dental rates for 2004. For plan savings, we
purchase dental insurance jointly with the Cities of Burnsville, Plymouth, Apple Valley,
Stillwater, Ramsey and Minneapolis. We received bids 1 week ago and were very pleased to
find out that Delta Dental, our current provider, came in with a 1% increase in rates for 2004.
This bid also has a 7% increase for 2005 premiums. Since the increase was very low, the
benefits committee is looking at also adding orthodontia for minor dependents to the plan for
2004. They are in the process of surveying employees and asking if they would like to see
orthodontia added, and if so, will make this recommendation to the City Manager.
Dental Rates 2004
Delta dental 1/1/004 2004 with
ortho
1/1/03
Single $35.36 $38.37 $35.05
Family $79.19 85.92 $78.55
Life: No increase in rates. We are in a 5-year rate lock on life insurance with our plan through
Prudential.
Long Term Disability: No rate increase for 2003 through Fortis.
St. Louis Park City Council Agenda
Item: 110303 - 8a - Employer Contribution Cafeteria Benefit Plan
Page 3 of 4
Recommendation Setting Employer contribution for 2004
In review of increases and the other cities in our market, we are recommending a $45 per month
increase in Employer contribution for Cafeteria benefit Plan as follows:
Employer contribution to benefit program 2004 2003
Exempt employees (not eligible for overtime) $695/mo $650/mo.
Non-exempt employees (overtime eligible) $595/mo. $550/mo.
Please let me know if additional information is needed regarding this matter.
Attachments: Resolution
Prepared by: Nancy Gohman, Human Resources Director
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 8a - Employer Contribution Cafeteria Benefit Plan
Page 4 of 4
RESOLUTION NO. 03-158
RESOLUTION ESTABLISHING EMPLOYER CONTRIBUTION FOR THE
CAFETERIA BENEFIT PLAN FOR NON-EXEMPT AND NON-UNION EXEMPT
EMPLOYEES FOR 2004
WHEREAS, the City Council has established a cafeteria-style employee group benefit plan that
provides an effective means for providing employee group benefits, and
WHEREAS, the City Council recognizes an increase in benefit premiums for 2004 and desires to
increase the contribution levels for 2004.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park:
1. The City Manager shall continue to administer a cafeteria-style employee group benefits
program in accordance with benefit plan documents.
2. Effective January 1, 2004, the monthly contribution of benefit dollars contributed by the
employer for non-union non-exempt employees, working at least 30 hours per week, be set at
$595/month.
3. Effective January 1, 2004, the monthly contribution of benefit dollars for non-union
employees working 20 through 29 hours per week be set at 50% of the exempt or non-
exempt employee monthly contribution level, based on status of position as determined by
the City Manager.
4. The monthly City contribution of benefit dollars for non-union exempt employees shall be
set at $695/month. Additionally, the City will continue to provide, at no cost to such
employees, term-life insurance at one and one-half times the annual salary and a long-term
disability plan or cost equivalent as plan allows.
5. The appropriate City officials are hereby authorized and directed to deduct the balance of any
sum premium from the compensation of an employee or officer and remit the insurer under
an approved contract the employee or officer and share of any such premium.
Reviewed for Administration: Adopted by the City Council November 3, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 110303 - 8b - Interim City Manager Appointment
Page 1 of 2
8b Appointment of Thomas K. Harmening as Interim City Manager effective
November 17, 2003.
Providing for a transition between the departure of the current City Manager and
Council’s appointment of the next City Manager.
Recommended
Action:
Motion to adopt a resolution appointing Thomas K. Harmening
as Interim City Manager effective November 17, 2003.
Background:
At the October 20th study session the Council discussed appointment of an Interim City Manager.
Staff was directed to prepare a Council item for November 3rd appointing Thomas K. Harmening
as Interim City Manager.
The attached resolution authorizes the following:
• Appointment of Thomas K. Harmening as Interim City Manager.
• Setting the effective date as November 17, 2003 until such time as determined by the
Council.
• Setting pay for Interim City Manager at $112,500.
• All other benefits received remain in place.
• Understanding that once the Interim assignment is complete, and if Mr. Harmening moves
back to Community Development Director, his pay will be set at the same level as other
exempt employees of the City in accordance with our 2004 pay plan.
• Full authority as Interim City Manager to act as City Manager of the City of St. Louis Park
with powers granted by State Statute, City Charter, City Ordinance and Council resolution.
• Full authority as Interim City Manager to conduct financial transactions on behalf of the city.
• Appointment of Interim City Manager as Executive Director for Housing Authority and
Economic Development Authority.
Recommendation:
Staff recommends approval of the attached resolution.
Attachment: Resolution
Prepared by: Nancy Gohman, Human Resources Director
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 8b - Interim City Manager Appointment
Page 2 of 2
RESOLUTION NO. 03 - 159
RESOLUTION APPOINTING THOMAS K. HARMENING
AS INTERIM CITY MANAGER.
WHEREAS, City Manager Charles W. Meyer is resigning as City Manager from the City
of St. Louis Park, and
WHEREAS, The City Council wishes to provide for a successful transition between Mr.
Meyer’s departure and the appointment of the next City Manager; and
WHEREAS, The City Council wishes to appoint an Interim City Manager and confer
upon that position all authorities granted to the position of City Manager until such time as
determined by the Council; and
WHEREAS, The City Council has discussed conditions of employment with Mr.
Thomas K. Harmening, who currently serves as the Director of Community Development, and
wishes to name Mr. Harmening to the position of Interim City Manager.
NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of the City of St.
Louis Park hereby authorizes the appointment of Thomas K. Harmening to the position of
Interim City Manager with the following conditions:
1. The appointment will be effective November 17, 2003, with a salary set at $112,500, and
with all other benefits currently received to remain in place.
2. Upon completion of the Interim assignment, Mr. Harmening will be placed back to the
position of Community Development Director, with pay to be set at the same level as
other exempt employees of the City in accordance with our 2004 pay plan.
4. As Interim City Manager, Mr. Harmening is granted full authority to act as City Manager
of the City of St. Louis Park with powers as granted by State Statute, City Charter, City
Ordinance and Council Resolution.
5. As Interim City Manager, Mr. Harmening is conferred full authority to conduct financial
transactions on behalf of the city.
6. As Interim City Manager, Mr. Harmening is appointed Executive Director of the Housing
Authority and of the Economic Development Authority.
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 1 of 7
8c First reading of the Tree Ordinance Revisions
The ordinance is being revised to reflect the changes in maintenance and removal costs
for boulevard trees.
Recommended
Action:
Motion to approve first reading and set second reading for November
17th.
Background:
These revisions to the tree ordinance were a result of budget discussions. The loss of Local
Government Aid has forced the City to make changes in many areas. Changing the way staff
maintains the City's forestry program is one of the budget reductions necessary to balance the
City budget. The ordinance and subsequent fee schedule will require the homeowners to pay for
50% of the removal of dead or diseased trees and stump removal on the boulevard through a
licensed contractor. The City forestry staff used to perform this function. One staff person has
been eliminated in our forestry division as a budget cut measure.
Transitioning from City maintained boulevard trees:
Staff is recommending the following steps in transitioning from City staff maintaining the trees
to residents maintaining trees.
• Finish removing all the marked dead and diseased trees along public right-of-way in 2003.
• Finish all stumping associated with the 2003 tree removal.
• All trimming of boulevard trees will cease as of January 1, 2004 including those that are
currently on our list of requests.
• Staff will continue to plant and pay for new trees as replacement of the ones removed.
• Staff will continue to inspect all trees within the City.
• Staff will continue to respond to emergency and imminent tree hazards. This includes storm
damage removal. Staff will likely remove the tree from the street and place it on the
boulevard for residents to dispose of with other damage they may have on their property.
Ordinance Change:
Staff has worked with Tom Scott, City Attorney, to make the necessary changes in the ordinance.
Throughout the ordinance, revisions have been made to clarify responsible parties for
maintenance and removal of boulevard trees. A copy of the revised ordinance is attached for
your review.
Policy on Assessing for 50%:
Staff will prepare a separate ordinance for adoption by the Council which outlines the cost
sharing for the removal of dead and diseased trees. During the budget process, Council indicated
a willingness to subsidize the removal of tress by 50%. Staff has included this subsidy in the
budget. Tom Scott considers this 50% to be an assessment.
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 2 of 7
This policy will also set the subsidy for arbotect injection of Elm trees and alamo injection for
Oak trees at 40%. This subsidy includes both trees on private property and boulevard trees.
Attachments: Proposed ordinance
Prepared by: Cindy S. Walsh, Director of Parks and Recreation
Jim Vaughan, Environmental Coordinator
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 3 of 7
ORDINANCE NO. ______ -03
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE CHAPTER 34: VEGETATION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The St. Louis Park Ordinance Code, Chapter 34 is hereby amended to read as
follows:
DIVISION 2. DISEASE CONTROLCONTROL OF DISEASED, HAZARDOUS
AND FALLEN TREES
Sec. 34-51. Declaration of policy.
The city council has determined that the health of the trees within the
municipal limits is threatened by tree diseases. It is further determined that the loss
of trees growing upon public and private property, the existence of hazardous trees,
the failure to dispose of downed trees and the existence of limbs over streets and
sidewalks would substantially depreciates the value of property within the city
and/or impair the safety, good order, general welfare and convenience of the
public. It is declared to be the intention of the council to control and prevent the
spread of these diseases these conditions, and this division is enacted for that
purpose.
(Code 1976, § 6-201)
Sec. 34-52. Public nuisance declared.
The following are public nuisances wherever they may be found within the
city:
(1) Any living or standing elm tree or part thereof infected to any degree
with the Dutch elm disease fungus Ceratocystis ulmi (Buisman)
Moreau or which harbors any of the elm bark beetles Scolytus
multistriatus (Marsh) or Hylurgopinus rufipes (Eich.).
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 4 of 7
(2) Any dead elm tree or part thereof including logs, branches, stumps,
firewood or other elm material, the bark of which has not been
removed, which is located within the city during the months of April
through September of any year.
(3) Any living or standing oak tree or part thereof infected to any degree
with the oak wilt disease fungus Ceratocyrstris fagacearum.
(4) Any fallen tree or tree limb located on a street, sidewalk or boulevard.
(5) All limbs of trees which are less than twelve feet above the surface of
any street or sidewalk.
(6) Any tree or portion of a standing tree which is determined to be a
hazardous tree by the City Forester because it endangers the public
health, safety or welfare.
It is unlawful for any person to permit any public nuisance as defined
in this section to remain on any premises owned or controlled by him
within the city by the person or upon any public boulevard or similar
public property alongside the traveled portion of a street or alley
abutting the private property owned by the person. Such nuisances
shall be abated in the manner prescribed by this division.
(Code 1976, § 6-202)
Cross reference(s) - - Nuisances, § 12-31 et seq.
Sec. 34-53. Inspection, investigation and testing.
The city manager shall cause all premises and places within the city to be
inspected as often as practicable to determine whether any condition described in
section 34-52 exists thereon, and to have investigated and tested all reported
incidents of such any infestation.
(Code 1976, § 6-203)
Sec. 34-54. Abatement of tree disease nuisances.
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 5 of 7
In abating the nuisances defined in section 34-52, the any infected tree or
wood shall be sprayed, removed or otherwise effectively treated so as to destroy
and prevent as fully as possible the spread of the disease. Such abatement
procedures shall be carried out in accordance with current technical and expert
opinions and plans, and with the approval of appropriate city officials.
(Code 1976, § 6-204)
Sec. 34-55. Procedure for removal of infected trees and wood.
When it appears with reasonable certainty that the infestation any nuisance
defined in section 34-52 exists in any tree or wood in any public or private place,
the owner shall be notified and ordered to remove the nuisance in a manner
approved by the city manager. If the owner fails to comply with the order, the city
manager may act to abate the nuisance. If the owner cannot be contacted, the city
shall send notice by certified mail to the last known address of the owner of record
and shall then proceed forthwith to abate the nuisance. Removal includes
removal of the stump to eight (8) inches below grade and surface roots.
(Code 1976, § 6-205)
Sec. 34-56. Assessments.
Each year the clerk shall list the total unpaid charges for each abatement
against each separate lot or parcel to which they are attributable under this
division. The council may then spread the charges or any portion of the charges
against the property involved as a special assessment under M.S.A. ch. 429, and
other pertinent statutes, for certification to the county auditor and collection the
following year along with current taxes.
(Code 1976, § 6-206)
Sec. 34-57. Spraying and pruning trees.
Whenever it is determined that any tree or wood within the city is infested
by any disease or insects, as described in section 34-52, the city may order the
owners of all nearby high value trees to prune and to spray the trees with an
effective preventive concentrate in a manner approved by the city manager. Upon
failure to comply with such an order, the city may proceed forthwith to take
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 6 of 7
appropriate action. Spraying activities authorized by this section shall be
conducted in accordance with technical and expert opinions and plans of the
commissioner of agriculture, with the approval of appropriate city officials, and
under the supervision of the commissioner and his agents whenever possible.
Notice shall be given as provided in section 34-55.
(Code 1976, § 6-207)
Sec. 34-58. Transporting certain types of wood.
It is unlawful for any person to transport within the city any bark-bearing
elm, wood or wood infested by disease or inspects without having obtained a
permit from the city, which shall grant such permits when the purposes of this
division will be satisfied.
(Code 1976, § 6-208)
Sec. 34-59. Reporting discovery of tree disease.
Any owner or occupier of land or any person engaged in tree trimming or
removal who becomes aware of the existence of a tree disease, as defined in
section 34-52, shall report the existence of such disease to the city.
(Code 1976, § 6-209)
Sec. 34-60. Interference.
City personnel may enter upon private premises at any reasonable time to
carry out the purposes of this division. It is unlawful for any person to prevent,
delay or interfere with city personnel while they are engaged in the performance of
duties imposed by this division.
Sec. 34-61. Oak and elm trimming.
No person shall trim any oak or elm tree from May 1 to July 31 of each year,
except for safety or in conjunction with building activity on the site.
Sec. 34-86. Removal or injury to trees.
St. Louis Park City Council Agenda
Item: 110303 - 8c - Tree Ordinance
Page 7 of 7
No person shall remove, destroy, cut, deface, trim or in any way injure or
interfere with any tree or shrub on any of the avenues, streets or public grounds,
including parks and parkways of the city, without a permit from the director.
(Code 1976, § 6-226)
Sec. 12-34. Nuisances affecting peace and safety.
In addition to those conditions identified elsewhere, the following are
declared to be nuisances affecting public peace and safety:
(1) All limbs of trees which are less than eight twelve feet above the
surface of any street or sidewalk.
Section 2. This ordinance shall take effect January 1, 2004.
Reviewed for Administration: Adopted by the City Council November 17, 2003
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney