HomeMy WebLinkAbout2003/11/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 17, 2003
Prior, To Be Determined – Board & Commission Interviews
7:20 p.m. – Economic Development Authority
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of November 3, 2003 Document
b. City Council Study Session Minutes of October 13, 2003 Document
c. City Council Study Session Minutes of October 20, 2003 Document
d. City Council Certification Minutes of October 20, 2003 Document
e. City Council Study Session Minutes of October 27, 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
5a. Motion to appoint Seema Madali to Human Rights Commission
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Workers Compensation Insurance Document
Changing from self-insured to fully insured workers compensation program.
Recommended
Action:
Motion to adopt adopt the resolution approving participation in
the League of Minnesota Cities Insurance Trust for Workers
Compensation Coverage including participation in managed care
effective December 1, 2003.
8b. First Reading: Proposed Ordinance Amending Chapter 6, Article V – Property
Maintenance Code and Chapter 34, Section III – Weed Elimination Document
Discussion of ordinance adopting the 2003 edition of the International Property
Maintenance Code with city amendments.
Recommended
Action:
Motion to approve first reading of text amendments to the
Property Maintenance Code and Weed Elimination sections of
the Ordinance Code. Set 2nd reading for December 1st, 2003.
8c. Request of Methodist Hospital for a Final PUD with variances from sign
requirements to allow a phased expansion. Document
Case No 03-44-PUD
6500 Excelsior Blvd
Recommended
Action:
Motion to adopt a resolution approving the Final PUD with
variances subject to the conditions as stated in the resolution.
Note: The Council needs to specify whether they are approved
the resolution recommended by the Planning Commission with a
date certain added to condition O or the alternate resolution
based upon a subsequent meeting with neighborhood
representatives.
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 17, 2003
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to adopt the ordinance amending rates charged for Water, Sanitary Sewer, and
Storm Water Utility for 2004, approve the summary and authorize summary publication.
Document
4b Motion to adopt a resolution accepting concrete alley paving – Ron Kassa Construction,
Inc. in the amount of $9,346.69 – City Contract No. 87-03 K Document
4c Motion to adopt a resolution accepting random walk replacement – Ron Kassa
Construction, Inc. in the amount of $8,539.42 – City Contract No. 133-02 Document
4d Motion to adopt a resolution accepting street repair for Louisiana Avenue railroad
crossing – City Contract No. 131-03 Document
4e Motion to approve resolution authorizing renewal of gambling premises permit for VFW
Post 5632 operating at 5605 West 36th Street Document
4f Motion to approve the License Agreement between between Fern Hill Place, LLC and the
City of St. Louis Park relative to the installation of monitoring wells in the City’s right-
of-way along Raleigh Avenue. Document
4g Motion to adopt attached resolution authorizing the issuance, sale, and delivery of
revenue bonds for the benefit of Park Nicollet Health Services, Methodist Hospital, Park
Nicollet Institute, Park Nicollet Clinic, PNMC Holdings, and Park Nicollet Health Care
Products. Document
4h Motion to adopt an Ordinance Relating to Tree Removal and Trimming, Amending St.
Louis Park Ordinance Code Chapters 12 and 34, approve the summary and authorize
summary publication and a Motion to adopt a Resolution Setting Amount of Public
Subsidy for Tree Removal and Disease Prevention in the City Document
4i Motion to accept the results of the cable franchise fee audit and accepting TimeWarner
Cable’s payments to date with no additional claims by Time Warner or the City.
Document
4j Motion to accept for filing the Housing Authority Minutes of September 10, 2003
Document
4k Motion to approve a resolution for final payment to Glenn Rehbein Excavating for
completion of work at Louisiana Oaks Park Document
4l Motion to accept vendor claims for filing (Supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
November 17, 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: 111703 - 3a - Council Minutes of Nov. 3, 2003
Page 1 of 5
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 3, 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, and Mayor Jeff Jacobs.
Councilmember Sally Velick was absent.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community
Development Director (Mr. Harmening); Police Sergeant (Ms. Dreier); Director of
Finance (Ms. McGann); Human Resources Director (Ms. Gohman); Director of Parks
and Recreation (Ms. Walsh); Environmental Coordinator (Mr. Vaughan); Recreation
Superintendent (Mr. Birno); and Recording Secretary (Ms. Samson).
2. Presentations: None
3. Approval of Minutes
3a. City Council Minutes of October 20, 2003
The minutes were approved with the following changes:
From Councilmember Santa: Item 8d, page 9, paragraph 1. Councilmember Santa thinks
that Ms. O’Kane did not make a statement that she was harassed by the City but indicated
she was harassed by her neighbor, therefore, delete she has been constantly harassed by
the City, and
From Councilmember Sanger: Item 8c, pages 6 and 7, paragraphs 1, 4, and 6 (on page 6)
and paragraphs 1 and 2 (on page 7) correct the following names: Lou Shane to Lou
Schoen; Ron Warner to Jake Werner; Judy Com to Judy Kahm; Michael Schup to
Michael Shoop; and a resident to Susan Gross.
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.
St. Louis Park City Council Agenda
Item: 111703 - 3a - Council Minutes of Nov. 3, 2003
Page 2 of 5
4a Approve 2nd reading of Ordinance No. 2252-03 setting 2004 fees called for by
ordinance, approve the summary and authorize summary publication
4b Approve 2nd Reading of Ordinance 2253-03 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
4c Accept for filing Parks and Recreation Advisory Commission Minutes of May 21, 2003
4d Accept for filing Parks and Recreation Advisory Commission Minutes of July 9, 2003
4e Accept for filing Board of Zoning Appeals Minutes of September 25, 2003
4f Adopt Resolution No. 03-160 that accepts this report considering major equipment
replacement scheduled and budgeted for 2004
4g Accept for filing Telecommunications Advisory Commission of January 23, 2003
4h Accept for filing Telecommunications Advisory Commission of May 8, 2003
4i Accept for filing Telecommunications Advisory Commission of July 24, 2003
4j Adopt Resolution No. 03-161 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
4k 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.
4l Approve Second reading of Ordinance No. 2254-03 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
4m Approve Second reading and adopt Ordinance No. 2255-03 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
4n Authorize the Mayor and City Manager to execute Cooperative Agreement for Elmwood
Area Redevelopment Project with Hennepin County
4o Adopt Resolution No. 03-162 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
4p Adopt Resolution No. 03-163 accepting construction of the Veterans’ Memorial
Amphitheater in Wolfe Park – Sunram construction
4q Adopt Resolution No. 03-164 accepting construction work on the 2002 Sidewalk
construction project – Thomas and Sons
4r Adopt Resolution No. 03-157 accepting work on entrance signs – Tekton Construction
St. Louis Park City Council Agenda
Item: 111703 - 3a - Council Minutes of Nov. 3, 2003
Page 3 of 5
4s Accept vendor claims for filing
4t Approve Stormwater Facility Maintenance Declaration with the Minnehaha Creek
Watershed District to inspect and maintain Lamplighter Pond
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve
the Agenda and items listed on the Consent Calendar.
The motion passed 6-0.
5. Boards and Commissions: None
6. Public Hearings
6a. Year 2003 Local Law Enforcement Block Grant
Police Sergeant Lori Dreier reported on the 2003 Local Law Enforcement Block Grant.
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
US Department of Justice to be used for career development training for department
personnel.
A public hearing is held 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.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to
approve grant fund award.
The motion passed 6-0.
6b. Public Hearing to Consider 2004 Utility Rates
Director of Finance Jean McGann reported on 2004 utility rates. This is the first reading
of an ordinance amending rates charged for water, sanitary sewer, and storm water utility.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
Councilmember Santa asked if water fees and sewer fees are tied together, and Ms.
McGann said the water and sewer fees are tied together in the respect that sewer fees are
based on winter consumption of water, for example, if one sprinkles their lawn a lot
during the summer, one is not charged a higher sewer fee because of that.
St. Louis Park City Council Agenda
Item: 111703 - 3a - Council Minutes of Nov. 3, 2003
Page 4 of 5
Councilmember Sanger asked about cash flow balances being maintained for at least a
few months reserve, and Ms. McGann said for each of these funds the City estimates
retaining a three-month cash flow reserve.
It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve
1st reading and set second reading for November 17, 2003.
The motion passed 6-0.
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. Resolution No. 03-158
Director of Human Resources Nancy Gohman presented a report regarding employer
contribution to the Cafeteria Benefit Plan; the amount is based on market and increased
insurance premiums.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 03-158 approving a $45/mo. increase in the employer contribution for
the cafeteria benefit plan for 2004.
The motion passed 6-0.
Councilmembers Basill and Sanger thanked Ms. Gohman for her extraordinary work on
the Cafeteria Benefit Plan, and Council is very pleased with the outcome of her
negotiation efforts.
8b. Appointment of Thomas K. Harmening as Interim City Manager effective
November 17, 2003. Resolution No. 03-159
Ms. Gohman reported on the resolution to appoint Tom Harmening as Interim City
Manager effective November 17, 2003. Ms. Gohman said approval will grant Mr.
Harmening the full authority to act as City Manager on behalf of the City of St. Louis
Park, along with the authority to act as Executive Director of the Housing Authority,
Economic Development Authority, and the financial authority that is wrapped in an
interim position.
It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to adopt
Resolution No. 03-159 appointing Thomas K. Harmening as Interim City Manager
effective November 17, 2003.
The motion passed 6-0.
St. Louis Park City Council Agenda
Item: 111703 - 3a - Council Minutes of Nov. 3, 2003
Page 5 of 5
8c. First reading of the Tree Ordinance Revisions
Director of Parks and Recreation Cindy Walsh reported on an ordinance that is being
revised to reflect changes in the maintenance and removal costs for boulevard trees. Ms.
Walsh listed transitional measures, and said the proposed fee policy will be presented to
the Council on November 17, 2003.
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve
first reading and set second reading for November 17th.
The motion passed 6-0.
Councilmember Sanger said the extent of compliance should be monitored, along with
problems in turning this over to residents; Mayor Jacobs agreed.
9. Communications
Mayor Jacobs urged residents to vote on November 4th. Mayor Jacobs extended his
appreciation to those who will serve as election judges on election day.
10. Adjournment
Mayor Jacobs adjourned the meeting at 7:52 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 111703 - 3b - Council Minutes of Oct. 13, 2003
Page 1 of 3
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
October 13, 2003
The meeting convened at 7:02 p.m.
Present at the meeting were Councilmembers John Basill, Jim Brimeyer, Susan Sanger, Sue Santa,
Sally Velick, and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Meyer), Community Development Director (Mr. Harmening);
Human Resources Director (Ms. Gohman); Finance Director (Ms. McGann); Inspections Director (Mr.
Hoffman); Public Works Director (Mr. Rardin); TSS Director (Mr. Pires); Accountant (Ms. Rinta); and
City Clerk (Ms. Reichert).
1. Executive Compensation
Councilmember Brimeyer outlined a proposed plan designed to by-pass the salary cap for city manager
salaries contained in state statute. His purpose in proposing the plan is to enhance the city’s ability to
remain competitive in the job market for both city managers and other executive level positions.
After hearing Mr. Brimeyer’s proposal Roger Knutsen, of Campbell and Knutsen (City Attorney)
stated that he did not believe the plan as presented would achieve the results desired by council.
Council agreed that it was in the best interest of the city to pursue other options and staff and the city
attorney will continue to work toward that end.
2. Proposed 2004 Fees
Ms. Reichert spoke briefly about the fee setting process and informed Council about a change that
would need to be made to the ordinance.
Ms. McGann then presented information about how a study of fees had been conducted by staff which
led to the ordinance being considered by the council. She also indicated that fees would be studied
each year to ensure that the city was charging appropriate fees for services and programs.
Councilmember Sanger asked why the city did not, in every case, fully recoup costs through fees. Ms.
McGann responded that in some cases, the fees were set to recoup costs. In other cases the city also
needed to consider the political climate and market we operate in.
Mayor Jacobs believed staff was on the right track in setting the fees and felt that we should whenever
possible, keep fees reasonable, yet attempt to cover as much city cost as possible.
Councilmember Sanger questioned the amount of the variance fee and asked if it was true that many of
the variances being requested are so residents can construct 2-car garages on their property. She
suggested that perhaps the regulations regarding garages should be considered so not as many
variances were being requested.
St. Louis Park City Council Agenda
Item: 111703 - 3b - Council Minutes of Oct. 13, 2003
Page 2 of 3
Mr. Harmening responded that during a recent study of garage requirements, the council had
specifically stated that they did not wish to change setback requirements for garages and instead
directed staff to recommend homeowners go through the variance process.
Councilmember Sanger also requested that the surcharge for restaurants that wished to allow smoking
be removed from the fee ordinance. She believed that if a fee was not collected, the city would not be
able to run the program as adopted, which she had opposed.
Councilmember Santa asked that the fee remain as presented as the program had been approved and
the fee was merely the mechanism for running a council-approved program. Councilmembers Velick,
Basill and Jacobs agreed stating that they wished the fee to remain in the ordinance as presented.
3. 2004-05 Capital Improvement Program
Ms. McGann introduced the program and spoke about the goals of the CIP program. She also
explained how the GO debt will be used as a funding mechanism for projects in the CIP
Council asked about Technology replacement. Ms. McGann explained that the Police and Fire pension
funds that had been returned tot he city would help to fund technology replacement as much of the cost
would be directly incurred by the Police and Fire Departments.
Council briefly discussed the Park Improvement and Municipal Building funds and following that
discussion commended staff on a job well done.
4. Ornamental Features
Mr. Greg Ingraham gave an overview of the Planning Commission’s recommendations for changes to
the city’s ordinance regarding ornamental features. He presented drawings which illustrated how
structures which meet the proposed ordinance requirements would look in a typical St. Louis Park
home.
In addition to discussion regarding the technical aspects of the ordinance, Council discussed
enforcement issues and whether the city should enforce only upon complaint. Ms. Jeremiah pointed
out that the city of Minneapolis routinely directs residents to mediation as their first step in responding
to complaints of this nature.
Mr. Hoffman spoke about enforcement of property maintenance issues and gave an overview of the
process used to require compliance. He felt that if the council were to pass this ordinance, they should
expect that there would need to be enforcement efforts made by staff.
Council directed staff to return their comments and suggestions to the Planning Commission for their
consideration and inclusion in the ordinance. The ordinance would then come back for council
approval following Planning Commission action.
5. Snow Parking Permit Fees
St. Louis Park City Council Agenda
Item: 111703 - 3b - Council Minutes of Oct. 13, 2003
Page 3 of 3
Council discussed the $100 fee for snow permit parking and questioned whether it should remain at
$100, be raised to $125 or be reduced. After discussion regarding the intent of charging the fee ,
council directed staff to keep the fee at $100 for the 2003-04 snow season and to raise the fee to $125
for the 2004-05 snow season.
6. Clarification of Council Direction
Ms. Reichert asked council for clarification regarding motions made at the October 7, 2003 council
meeting so that she could proceed with completing the minutes from that meeting.
Council and staff also held discussion regarding use of the consent agenda. It was decided that
communication was key to effectively using this tool. It was agreed that councilmembers and staff
would attempt to keep each other better informed about issues that may or may not be appropriate for
placement on the consent agenda.
7. Public Art
Councilmember Brimeyer had asked that council discuss how to increase commitment to public art by
developers and others in the city. He shared an attorney’s opinion which outlined restrictions against
requiring that developers pay directly for art. Council discussed how a requirement for public art
could otherwise be included in development proposals.
Councilmember Santa asked that council consider whether all public art needed to be outdoors. Could
art within buildings also be considered public art, and what about architecture? Could that also meet
requirements for public art?
Mr. Harmening stated that staff would consider options for increasing commitment to public art in the
future.
8. Communication
With the resignation of Charlie Meyer, council felt they should begin the process for recruitment of a
new city manager. Councilmember Sanger suggested that criteria be developed for skills and attributes
council wants in a successor to Charlie. Councilmember Brimeyer offered to work with HR
department staff in developing the criteria and once that is completed council would determine the
scope of their search.
9. Adjournment
The meeting was adjourned at 10:18 p.m.
________________________________ _________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 111703 - 3c - Study Session Minutes of Oct. 20, 2003
Page 1 of 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
October 20, 2003
The meeting convened at 6:30 p.m.
Present at the meeting were Councilmembers John Basill, Jim Brimeyer, Susan Sanger, Sue Santa,
Sally Velick, Paul Omodt and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Meyer); Human Resources Director (Ms. Gohman); and City Clerk
(Ms. Reichert).
1. City Manager Recruitment
Ms. Gohman handed out model profiles so that council would have an idea of the format we would be
using for the search. She also asked council who they wished to interview in developing the profile.
Council indicated that they wished to interview councilmembers, department heads, key staff,
councilmembers elect and members of the community at large.
2. Interim City Manager
Ms. Gohman indicated that council would be asked on November 3, 2003 to designate an Interim City
Manager. This person would hold all authorities currently held by the City Manager and would act in
that capacity until such time as a regular city manager is hired. Council directed staff to prepare the
necessary documents to name Thomas Harmening, Community Development Director as the Interim
City Manager.
3. Adjournment
The meeting was adjourned at 7:12.
________________________________ _________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 111703 - 3d - Certification Minutes of Oct. 20, 2003
Page 1 of 1
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL MEETING
ST. LOUIS PARK, MINNESOTA
Council Chambers
October 20, 2003 – 7:15 p.m.
The meeting was called to order at 7:15 p.m.
Present at the meeting were Councilmembers John Basill, Jim Brimeyer, Susan Sanger, Sue
Santa, Sally Velick, Paul Omodt and Mayor Jeff Jacobs.
1. Public Hearing on the Levying of Assessments for Delinquent Fees and Charges.
Resolution No. 03-146
Ms. McGann stated that the City Council is authorized to direct the assessment of delinquent
utility accounts, nuisance abatements, false alarm fees, tree removal/injection and other
miscellaneous charges after holding a public hearing.
Accounts remaining delinquent and unpaid at the close of business on November 21, 2003 will
be sent to the County for inclusion with next year’s property tax bill. This process follows the
same schedule each fall and is developed from the County’s deadline for filing certified totals
near the end of November.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed
the public hearing.
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution
No. 03-146 to assess delinquent water, sewer, refuse and other fees and charges.
The motion passed 7-0.
St. Louis Park City Council Agenda
Item: 111703 - 3e - Council Minutes of Oct. 27, 2003
Page 1 of 3
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
October 27, 2003
The meeting convened at 7:05 p.m.
Present at the meeting were Councilmembers John Basill, Jim Brimeyer, Susan Sanger, Sue Santa,
Sally Velick, Paul Omodt and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Meyer); Outreach Coordinator (Ms. McDonell); Finance Director
(Ms. McGann); Community Development Director (Mr. Harmening); Public Works Director (Mr.
Rardin); Public Works Coordinator (Mr. Merkley); Public Works Administrative Assistant (Ms.
Hellekson); Water Superintendent (Mr. Anderson); Planning Supervisor (Ms. Jeremiah); Planning
Coordinator (Ms. Erickson); and City Clerk (Ms. Reichert).
1. United Way
Ms. McDonell introduced Mr. John Severson of United Way. She reported that the city of St. Louis
Park employee group is a leader in contributions in the metro area. She invited councilmembers to
also contribute to the United Way.
Council thanked Ms. McDonell and other participating staff for their efforts.
2. Solid Waste
Councilmember Sanger commended staff for an excellent job in preparing educational materials for
the public associated with changes to the solid waste program.
Mr. Merkley outlined the process that would be used over the next several weeks to accomplish the
transition to the new contract requirements. Mr. Forest Sartell was also present to answer council’s
questions.
3. Utility Rates
Ms. McGann explained the process used to analyze the utility funds and offered projections for future
rate increases. She stated that overall rates would be increasing for 2004. She suggested that the rates
be raised now as they have remained stable for several years, and that additional increases be added in
future years.
She also stated that the thorough analysis that had been done by staff in preparation for this year’s
utility rate discussions had been more extensive than ever before.
Council stated that they were comfortable with the rates as presented and directed staff to bring
forward an ordinance setting utility rates for 2004.
St. Louis Park City Council Agenda
Item: 111703 - 3e - Council Minutes of Oct. 27, 2003
Page 2 of 3
4. Usable Open Space Requirements
Ms. Erickson and Ms. Jeremiah introduced the subject by showing comparisons of different
requirements contained in the code. Ms. Erickson explained that different requirements for different
zones causes inconsistency in application of the code.
Ms. Jeremiah stated that the code contained overlapping layers of requirements which make some
requirements superfluous.
Councilmember Sanger suggested that council’s role was to first consider policy regarding open space
requirements, then to make standards that match that policy.
Mayor Jacobs agreed, but also pointed out that our policies sometimes work at cross-purposes. He felt
a great deal of discussion needed to be done regarding such a broad topic as “open space”.
Councilmember Santa suggested that “usable open space” may have different connotations for
different segments of the population. For some it may mean green space while for others it may mean
communal space in a multi-family environment. In her opinion that communal space need not be
outdoors, but could be placed where the most residents would benefit.
Mr. Harmening felt that our ordinances should focus on quality – not quantity – of open space.
Ms. Jeremiah offered to put together some scenarios for council consideration to help them to clarify
their policies.
5. Interim City Manager
Ms. Reichert passed out a memo from Human Resources which contained a format for interview
questions to be used in creating the City Manager profile. She also asked councilmembers to sign up
for their interviews which would be conducted by Ms. Gohman, Ms. Gothberg, and an outside
consultant, Mr. Crnobrna.
Mr. Harmening addressed the council saying that he wanted council to understand that with his
acceptance of the Interim City Manager position, it may be difficult for him to complete all projects
currently underway in a timely fashion. He specifically referenced public art, sale of excess property
and the Park Nicollet Environmental Assessment worksheet and traffic study.
Council asked if staff could make better use of consultants to assist. Mr. Harmening responded that
thought consultants are very valuable, they cannot always perform work which requires understanding
of complex issues. He is simply not able to delegate some things and wanted to be sure council’s
expectations were realistic.
Council thanked Mr. Harmening for his observations and stated that they were comfortable in moving
forward with designating Mr. Harmening as Interim City Manager.
St. Louis Park City Council Agenda
Item: 111703 - 3e - Council Minutes of Oct. 27, 2003
Page 3 of 3
6. Regulation on Sales of Personal Vehicles
Councilmember Sanger introduced the item saying that there were a number of individuals in the city
who it seems are not complying with statutory restrictions on sale of personal vehicles.
Mayor Jacobs asked if it was merely a matter of enforcing already existing regulations and if the city
were to step up those efforts would the problem be as bad.
Following discussion Council suggested that enforcement of current regulations be done and that
council be informed in the future as to whether the problem still existed.
7. Adjournment
The meeting adjourned at 9:20 p.m.
________________________________ _________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 111703 - 4a - 2nd Reading Utility Rates
Page 1 of 4
4a. Motion to adopt the ordinance amending rates charged for Water, Sanitary
Sewer, and Storm Water Utility for 2004, approve the summary and authorize
summary publication.
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 action sets rates for
Water, Sanitary Sewer and Storm Water Utilities. Solid Waste utility rates were set with
Ordinance # 2252-03.
Rates for all Enterprise funds have remained stable over the past few years. 2004 rates for all
utilities are being increased based on a five- year analysis of projected revenues, expenses, and
infrastructure improvements. Information for the analysis 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.
Water: Rates will increase by 3% rate for 2004 and 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%
The rate increases projected are due to infrastructure improvements, pavement management
system contributions, and transfers to the General Fund for overhead and administrative costs.
Sanitary Sewer: The Sanitary Sewer rate will increase by 10% 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.
Storm Water Utility: The formula developed to charge for use of the storm water system and
surface water management is based upon the amount of impervious surface on each property
and is calculated using a residential equivalency factor (REF). This formula is increasing to
$7.20 per quarter which is 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.
Attachments: Ordinance Adopting 2004 Rates
Prepared By: Cynthia Reichert, City Clerk
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 4a - 2nd Reading Utility Rates
Page 2 of 4
ORDINANCE NO. 2256-03
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: 111703 - 4a - 2nd Reading Utility Rates
Page 3 of 4
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: 111703 - 4a - 2nd Reading Utility Rates
Page 4 of 4
SUMMARY
ORDINANCE NO._____________
AN ORDINANCE SETTING 2004 RATES FOR
WATER, SEWER AND STORMWATER UTILITIES
This ordinance sets 2004 rates for water, sewer and stormwater utilities at the following
amounts:
The 2004 Water and Service Charge is set at:
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
The 2004 Sewer and Service Charge Rates are set at $1.544 per 100 cubic feet of water
consumption during the winter quarter; and $3.55 Monthly and $10.65 Quarterly for the Service
Charge.
The 2004 Stormwater Utility Residential Equivalent Factor (REF) is set at $7.20
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 26, 2003
St. Louis Park City Council Agenda
Item: 111703 - 4b - Ron Kassa Final Payment 87-03
Page 1 of 1
RESOLUTION NO. 03-166
RESOLUTION ACCEPTING WORK ON
CONCRETE ALLEY PAVING
IN THE AMOUNT OF $9,346.69
CITY PROJECT NOS. 03-09 & 03-10
CONTRACT NO. 87-03
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 July 21, 2003, Ron Kassa Construction, Inc. has
satisfactorily completed the construction of two (2) concrete alleys, as per Contract No. 87-03.
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 17, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 4c - Ron Kassa Final Payment 133-02
Page 1 of 1
RESOLUTION NO. 03-167
RESOLUTION ACCEPTING WORK ON
RANDOM WALK REPLACEMENT
IN THE AMOUNT OF $8,539.42
CITY PROJECT NO. 02-08
CONTRACT NO. 133-02
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 November 12, 2002, Ron Kassa Construction,
Inc. has satisfactorily completed the random walk replacement, as per Contract No. 133-02.
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 17, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 4d - Progressive Contractors Final payment 131-03
Page 1 of 1
RESOLUTION NO. 03-168
RESOLUTION ACCEPTING WORK ON
STREET REPAIR FOR LOUISIANA AVENUE
RAILROAD CROSSING
CONTRACT NO. 131-03
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 12, 2003, Progressive Contractors,
Inc. has satisfactorily completed the construction of street repair at the Louisiana Avenue railroad
crossing, as per Contract No. 131-03.
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 17, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 4e - VFW Premises Permit Renewal
Page 1 of 2
4e. Motion to approve resolution authorizing renewal of gambling premises permit for
VFW Post 5632 operating at 5605 West 36th Street
Background:
VFW Post 5632 has submitted a renewal application for a Gambling Premises Permit at their hall
located at 5605 West 36th Street in St. Louis Park. This organization has operated continuously
in the City since 1985. Prior to 1985, it conducted bingo on a regular basis.
The City Council must act to approve or deny the renewal before it is submitted to the State
Gambling Control Board. A copy of the resolution passed by the Council will be submitted to
the State.
All current requirements for issuance of the license have been met. The Police Department has
conducted a background investigation and no records or warrants were discovered by using
conventional police methods of investigation.
This action does not require a public hearing as the building location meets all proximity
requirements in the ordinance.
Attachments: Resolution
Prepared by: Cynthia Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 4e - VFW Premises Permit Renewal
Page 2 of 2
RESOLUTION NO. 03-169
A RESOLUTION OF THE ST. LOUIS PARK CITY COUNCIL
APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL
GAMBLING FOR VFW POST 5632
5605 WEST 36TH STREET, ST. LOUIS PARK
WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Section 13-
1600 , provide for lawful gambling licensing by the State Gambling Control Board; and
WHEREAS, a licensed organization may not conduct lawful gambling at any site unless
it has first obtained from the Board a premise permit for the site; and
WHEREAS, the Board may not issue or renew a premises permit unless the organization
submits a resolution from the City Council approving the premises permit; therefore,
BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed
below meets the criteria necessary to receive a premises permit, and the application is hereby
approved
VFW POST 5632 ST. LOUIS PARK
5605 WEST 36TH STREET
ST. LOUIS PARK, MN 55416
Reviewed for Administration: Adopted by the City Council November 17, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 4f - License Agreement with Fern Hill Place
Page 1 of 4
4f. Motion to approve the License Agreement between between Fern Hill
Place, LLC and the City of St. Louis Park relative to the installation of
monitoring wells in the City’s right-of-way along Raleigh Avenue.
Background
In December of 1998, a Response Action Plan (RAP) was submitted to the MPCA for the
remediation of the contamination on the former Waldorf–Nevens Dry Cleaner site located at
5101 Minnetonka Blvd. This RAP subsequently received MPCA approval. In the spring of
1999, the St. Louis Park EDA authorized and submitted applications to the then Dept. of Trade
and Economic Development, and the Metropolitan Council for grant funds to assist with the
costs of the remediation. These grants were subsequently approved. The EDA then entered into
a contract for redevelopment with the then developer, Park Land Company, on September 7,
1999, for cleaning-up the polluted site and developing a mixed commercial and residential
facility on the site. Current project developer, Fern Hill Place, LLC, has retained Peer
Engineering to complete the remaining tasks under the approved RAP. The remaining response
actions include: 1) installation of five additional monitoring wells, 2) quarterly sampling of
ground water for a one year period, and 3) quarterly monitoring of air within the building for a
year. One of the required wells specified in the RAP is to be located south of the Fern Hill
property in the City right-of-way along the west side of Raleigh Ave within the Garden Village
Apartment’s parking area (it would be flush mounted with the pavement). Another well is to be
placed across Raleigh Avenue either in the City right-of-way or just on the west side of the City
Hall property. The approximate well locations are indicated in the attached well map. The
monitoring wells will be 55 feet deep and have a 2-inch inside diameter. They will be
constructed with 5-foot long PVC screens and low carbon steel riser pipe. In order to authorize
the installation of the wells within the City’s right-of-way a License Agreement between the City
and the developer is recommended.
Primary points of Proposed License Agreement
1. The proposed License Agreement grants Fern Hill Place, LLC and its contractor, Peer
Engineering, Inc. a license to install and operate two 55-foot deep ground water monitoring
wells to be located either in the Raleigh Street right-of-way or on the City Hall property.
2. The monitoring wells will be installed and operated in order to implement the Response
Action Plan (RAP) associated with the Fern Hill Place development project located at 5101
Minnetonka Boulevard.
3. The City will approve the location and design of the wells prior to their installation.
4. Developer releases and agrees to indemnify, defend and hold harmless, the City from any
claim arising out of the installation and operation of the wells.
St. Louis Park City Council Agenda
Item: 111703 - 4f - License Agreement with Fern Hill Place
Page 2 of 4
5. The developer will remove the wells and restore the areas to their original condition upon
completion of the monitoring activities. To ensure that this work is completed, a $1,500
Letter of Credit or cash escrow is required from the developer.
6. The license expires on 12/31/04.
The City’s attorney prepared the attached License Agreement and is recommending its approval.
Attachments: Well Map
License Agreement
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Tom Harmening, Community Development Director
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 4f - License Agreement with Fern Hill Place
Page 3 of 4
LICENSE AGREEMENT
AGREEMENT this ____ day of ___________, 2003, by and between the CITY OF ST.
LOUIS PARK, a Minnesota municipal corporation (“City”) and FERN HILL PLACE, LLC, a
Minnesota limited liability company (“Developer”).
The parties agree as follows:
1. The City of St. Louis Park hereby grants Fern Hill Place, LLC and its contractor, Peer
Engineering, Inc. a license to install and operate two 55-foot deep ground water monitoring
wells to be located either in the Raleigh Street right-of-way or on the City Hall property
located at 5005 Minnetonka Boulevard.
2. The monitoring wells will be installed and operated in order to implement the Response
Action Plan (RAP) associated with the Fern Hill Place development project located at 5101
Minnetonka Boulevard as described in October 16, 2003 Scope of Services prepared by Peer
Engineering.
3. The City shall approve the location and design of the wells prior to their installation.
4. Developer releases and agrees to indemnify, defend and hold harmless, the City from any
claim, demand, suit, action, or other proceeding, including attorney fees incurred in
defending such claim, by any person or entity arising out of the installation and operation of
the wells.
St. Louis Park City Council Agenda
Item: 111703 - 4f - License Agreement with Fern Hill Place
Page 4 of 4
5. Developer shall be responsible for obtaining any well maintenance permits required by the
Minnesota Department of Health (MDH) and shall remove the wells and restore the area to
its original condition upon completion of the monitoring activities. Developer shall seal the
wells in accordance with MDH standards immediately upon completion of the monitoring
and following approval by the Minnesota Pollution Control Agency. Prior to installing the
wells, Developer shall provide the city with a $1,500 letter of credit in a form approved by
the city, or a cash escrow in that amount, guaranteeing the removal and sealing of the wells,
which shall be returned to the Developer upon proper completion of the work.
7. This license shall expire on December 31, 2004 unless extended in writing by the parties.
IN WITNESS WHEREOF, the undersigned has executed this Agreement the day and year first
above written.
CITY OF ST. LOUIS PARK
By:
Jeffrey W. Jacobs, Mayor
By:
Charles W. Meyer, City Manager
FERN HILL PLACE, LLC
By:
Its: Chief Manager
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 1 of 8
4g. Motion to adopt attached resolution authorizing the issuance, sale, and delivery of
revenue bonds for the benefit of Park Nicollet Health Services, Methodist Hospital,
Park Nicollet Institute, Park Nicollet Clinic, PNMC Holdings, and Park Nicollet
Health Care Products.
Background:
On September 15, 2003, the City Council adopted two resolutions authorizing the issuance of
revenue bonds of the benefit of Park Nicollet Health Services. The resolutions authorized the
issuance of bonds a variable rate obligations in an amount not to exceed $290,000,000.
On November 13, 2003, the first of the two bond issues was executed. This bond issue was to
refund outstanding debt. The total amount of the issue was $231,525,000.
The second series of bonds is for construction and equipping of a Heart and Vascular Center at
Methodist Hospital, construction of public infrastructure improvements, installation of
equipment for Methodist Hospital, and the acquisition and installation of equipment at various
other facilities. The total amount for the second bond is not to exceed $45,000,000.
Current Issues: The original resolution adopted by the Council authorized both bonds to be
issued as variable-rate bonds. Park Nicollet is now requesting permission is issue the second
bond as a fixed-rate rather than variable-rate.
The only changes in the new resolution are as follows;
• The second bond will be issued as a fixed-rate bond
• Deletes references to documents required in a variable rate transaction but not required in a
fixed rate transaction
• Makes other amendments to conform the terms of the new resolution to a fixed rate
transactions.
Other Items:
The second bond is expected to be issued in December. The proceeds of this bond issue must
remain in escrow, less bond issuance costs, until final PUD approval is received from the City.
Attachments: Resolution
Letter from Kennedy & Graven
Prepared by: Jean D. McGann, Director of Finance
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 2 of 8
CITY OF ST. LOUIS PARK, MINNESOTA
RESOLUTION NO. 03-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS
PARK, MINNESOTA, AUTHORIZING THE ISSUANCE, SALE, AND
DELIVERY OF ITS REVENUE BONDS FOR THE BENEFIT OF PARK
NICOLLET HEALTH SERVICES, METHODIST HOSPITAL, PARK
NICOLLET INSTITUTE, PARK NICOLLET CLINIC, PNMC
HOLDINGS, AND PARK NICOLLET HEALTH CARE PRODUCTS;
PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE
INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE REVENUE BONDS AND
RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY,
RIGHTS, AND REMEDIES WITH RESPECT TO THE REVENUE BONDS
WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and
political subdivision duly organized and existing under its Charter and the Constitution and laws
of the State of Minnesota; and
WHEREAS, pursuant to Minnesota Statutes, Sections 469.152-469.165, as amended (the
“Act”), the City is authorized to issue revenue bonds to finance, in whole or in part, the cost of
the acquisition, construction, reconstruction, improvement, betterment or extension of a project,
defined in the Act as including any properties, real or personal, used or useful in connection with
a revenue producing enterprise, whether or not operated for profit, engaged in providing health
care services, including hospitals, nursing homes, and related medical facilities; and
WHEREAS, Park Nicollet Health Services, a Minnesota nonprofit corporation, Methodist
Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit
corporation, Park Nicollet Clinic, a Minnesota association that has elected to be treated as a
nonprofit corporation, PNMC Holdings, a Minnesota nonprofit corporation, and Park Nicollet
Health Care Products, a Minnesota nonprofit corporation (collectively, the “Obligated Group”),
submitted an application to the City requesting the issuance by the City of revenue bonds
pursuant to the Act, in the approximate aggregate principal amount not to exceed $290,000,000,
for the following purposes:
(i) to finance (A) the construction and equipping of its Heart and Vascular Center at
Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the
construction of a parking ramp and other improvements at Methodist Hospital, the construction
of public infrastructure improvements with respect to the foregoing, and the acquisition and
installation of equipment for Methodist Hospital, and (B) the acquisition and installation of (1) a
computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at
1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of
the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove,
Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) at
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 3 of 8
the facilities of the Obligated Group located at 250 North Central Avenue in the City of
Wayzata, Minnesota (collectively, the “Project”);
(ii) to redeem and prepay the outstanding principal amount of (A) the Hospital Facilities
Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-B, issued by the City on
November 15, 1990, (B) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota
Obligated Group), Series 1993A (Fixed Rate), issued by the City on September 30, 1993, (C) the
Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series
1993B (Variable Auction Rate), issued by the City on September 30, 1993; and (D) the Health
Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993C
(Inverse Variable Auction Rate), issued by the City on September 30, 1993 (collectively, the
“Prior Bonds”); and
(iii) to fund a reserve fund to secure the payment of the principal of and interest on the
revenue bonds, to pay the costs of issuing the revenue bonds, and to pay certain financing costs
related to the revenue bonds; and
WHEREAS, following the publication of a notice (the “Public Notice”) of a public
hearing (in which a general, functional description of the Project was provided, as well as the
maximum aggregate face amount of the obligations to be issued for the purposes referenced
above, the identity of the initial owner, operator, or manager of the facilities to be financed and
refinanced with the proceeds of the bonds, and the location of the facilities to be financed with
the proceeds of the bonds by street address) in a newspaper circulating generally in the City at
least fourteen (14) days before the regularly-scheduled meeting of the City Council of the City
on September 15, 2003, the City Council conducted a public hearing at which a reasonable
opportunity was provided for interested individuals to express their views, both orally and in
writing, on the Project, the redemption and prepayment of the Prior Bonds, and the proposed
issuance of such revenue bonds; and
WHEREAS, on September 15, 2003, the City Council of the City adopted Resolution No.
03-117 and Resolution 03-117 authorizing the issuance of variable rate revenue bonds of the City
in a principal amount not to exceed $290,000,000 for the foregoing purposes; and
WHEREAS, on November 13, 2003, pursuant to the authority conferred by Resolution
No. 03-117 and Resolution No. 03-118, the City issued its Health Care Facilities Revenue Bonds
(Park Nicollet Health Services), Series 2003A, Periodic Auction Reset Securities (PARS) (the
“Series 2003A Bonds”), in the original aggregate principal amount of $231,525,000, the
proceeds of which are to be applied to the redemption and prepayment of the Prior Bonds, the
payment of a portion of the costs of the Project, the payment of a portion of the interest on the
Series 2003A Bonds during the construction of the Project, the payment of the costs of issuing
the Series 2003A Bonds, and the payment of a bond insurance premium and other financing
costs with respect to the Series 2003A Bonds; and
WHEREAS, the Obligated Group has requested that the City issue an additional series of
revenue bonds to be designated the Health Care Facilities Revenue Bonds (Park Nicollet Health
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 4 of 8
Services), Series 2003B (the “Series 2003B Bonds”), subject to such changes in such designation
as elected by the Obligated Group with the consent of the City, in an original aggregate principal
amount not to exceed $45,000,000, to be issued as uninsured, fixed-rate revenue bonds of the
City; and
WHEREAS, the proceeds of the Series 2003B Bonds are to be applied to the payment of
a portion of the costs of the Project, the payment of a portion of the interest on the Series 2003B
Bonds during the construction of the Project, the payment of the costs of issuing the Series
2003B Bonds, and the payment of financing costs with respect to the Series 2003B Bonds; and
WHEREAS, the Series 2003B Bonds are to be issued under an Indenture of Trust, dated
on or after December 1, 2003 (the “Indenture”), between the City and Wells Fargo Bank
Minnesota, National Association, as trustee (the “Trustee”), and the proceeds derived from the
sale of the Series 2003B Bonds are to be loaned to the Obligated Group pursuant to the terms of
a Loan Agreement, dated on or after December 1, 2003 (the “Loan Agreement”), between the
City and the Obligated Group; and
WHEREAS, in consideration of the loan by the City of the proceeds of the Series 2003B
Bonds to the Obligated Group and to secure the payment of the principal of, premium, if any,
and interest on the Series 2003B Bonds when due, the Obligated Group will issue a supplemental
note (the “Supplemental Note”) to the City pursuant to a Supplemental Indenture, dated on or
after December 1, 2003 (the “Supplemental Indenture”) to a Master Trust Indenture (the “Master
Indenture”), between the Obligated Group and Wells Fargo Bank Minnesota, National
Association, as master trustee (the “Master Trustee”), which will be in the same aggregate
principal amount and bear interest at the same rates as the Series 2003B Bonds, will have
redemption provisions corresponding to those of the Series 2003B Bonds, and will be payable in
installments equal to the maturities and mandatory redemptions of the Series 2003B Bonds; and
WHEREAS, the loan repayments required to be made by the Obligated Group under the
terms of the Loan Agreement will be assigned to the Trustee under the terms of the Indenture
and the Supplemental Note will be assigned by the City to the Trustee under the terms of the
Indenture; and
WHEREAS, the Series 2003B Bonds and the interest and any premium on the Series
2003B Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not
constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii)
shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general
credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or
equitable, upon any property of the City other than the City’s interest in the Loan Agreement, the
Supplemental Note, and the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS:
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 5 of 8
1. The City acknowledges, finds, determines, and declares that: (i) the issuance of
the Series 2003B Bonds is authorized by the Act; (ii) the application of the proceeds of the Series
2003B Bonds to the acquisition, construction, and equipping of the Project, the funding of a
reserve fund to secure the Bonds, and the payment of certain expenses incurred in connection
with the issuance of the Bonds is consistent with and furthers the purposes of the Act; and (ii) the
facilities financed with the proceeds of the Series 2003B Bonds constitute a “project” within the
meaning of Section 469.153, subdivision 2(b) and (d), of the Act.
2. For the purposes set forth above, there is hereby authorized the issuance, sale and
delivery of the Series 2003B Bonds in one or more series in the approximate aggregate principal
amount not to exceed $45,000,000. The Series 2003B Bonds shall bear interest at fixed rates and
shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to
redemption prior to maturity, shall be in such form, and shall have such other terms, details, and
provisions as are prescribed in the Indenture, in the form now on file with the City, with the
amendments referenced herein. The City hereby authorizes the Series 2003B Bonds to be issued
as “tax-exempt bonds” the interest on which is not includable in gross income for federal and
State of Minnesota income tax purposes.
All of the provisions of the Series 2003B Bonds, when executed as authorized herein,
shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Series 2003B Bonds shall be substantially in the form or forms set forth in the
Indenture, which form or forms are hereby approved, with such necessary and appropriate
variations, omissions and insertions (including changes to the name of the Series 2003B Bonds,
the aggregate principal amount of the Series 2003B Bonds, the stated maturities of the Series
2003B Bonds and the maturity dates of the Series 2003B Bonds, the interest rates on the Series
2003B Bonds, and the terms of optional and mandatory redemption of the Series 2003B Bonds)
as the Mayor of the City and the City Manager of the City (the “Mayor” and “City Manager”), in
their discretion, shall determine. The execution of the Series 2003B Bonds with the manual or
facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2003B
Bonds by the City shall be conclusive evidence of such determination.
3. The Series 2003B Bonds shall be special limited obligations of the City the
proceeds of which shall be disbursed pursuant to the terms of the Indenture and the Loan
Agreement, and the principal, premium, and interest on the Series 2003B Bonds shall be payable
solely from the proceeds of the Series 2003B Bonds, the revenues derived from the Obligated
Group pursuant to the terms of the Loan Agreement and the Supplemental Note, and other funds
pledged pursuant to the Indenture. The Series 2003B Bonds shall also be secured by the Reserve
Fund established by the terms of the Indenture and funded with a portion of the proceeds of the
Series 2003B Bonds (the “Reserve Fund”).
4. The City Council of the City hereby authorizes and directs the Mayor and the City
Manager to execute and deliver the Indenture, and hereby authorizes and directs the execution of
the Series 2003B Bonds in accordance with the terms of the Indenture, and hereby provides that
the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 6 of 8
agreements of the owners of the Series 2003B Bonds, the City and the Trustee as set forth
therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim
herein and shall be in full force and effect from the date of execution and delivery thereof. The
Indenture shall be substantially in the form on file with the City, which is hereby approved, with
such necessary and appropriate variations, omissions and insertions as do not materially change
the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine,
and the execution and delivery thereof by the Mayor and the City Manager shall be conclusive
evidence of such determination.
5. The Mayor and City Manager are hereby authorized and directed to execute and
deliver the Loan Agreement, the Purchase Contract, dated on or after November 17, 2003 (the
“Purchase Contract”), between Goldman, Sachs & Co. (the “Underwriter”) and the City, and the
Letter of Representations and Indemnification, dated on or after November 17, 2003 (the “Letter
of Representations”), between the Issuer, the Underwriter, and the Obligated Group. All of the
provisions of the Loan Agreement, the Purchase Contract, and the Letter of Representations,
when executed and delivered as authorized herein, shall be deemed to be a part of this resolution
as fully and to the same extent as if incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The Loan Agreement, the Purchase
Contract, and the Letter of Representations shall be substantially in the forms on file with the
City which are hereby approved, with such omissions and insertions as do not materially change
the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine,
and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of
such determination.
6. The Trustee is hereby appointed as the initial Bond Registrar with respect to the
Series 2003B Bonds.
7. The proceeds of the Series 2003B Bonds shall be disbursed for the payment of the
costs of the Project and related costs in accordance with the terms of the Indenture and the Loan
Agreement; provided, however, that the proceeds of the Series 2003B Bonds shall not be
disbursed for any purpose (other than the payment of the costs of issuing the Series 2003B
Bonds) prior to the date of approval by the City Council of the City of the planned unit
development application submitted by one or more of the Obligated Group with respect to the
Project.
8. The Mayor and City Manager of the City are hereby authorized to execute and
deliver, on behalf of the City, such other documents as are necessary or appropriate in
connection with the issuance, sale, and delivery of the Series 2003B Bonds, including a Tax
Certificate, a Tax Exemption Agreement, an Information Return for Tax-Exempt Private
Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary
and appropriate in connection with the issuance, sale, and delivery of the Series 2003B Bonds.
The City hereby approves the execution and delivery by the Trustee of the Indenture and all
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 7 of 8
other instruments, certificates, and documents prepared in conjunction with the issuance of the
Series 2003B Bonds that require execution by the Trustee. The City hereby authorizes Kennedy
& Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving
legal opinion with respect to the Series 2003B Bonds.
9. The City has not participated in the preparation of the Official Statement relating
to the offer and sale of the Series 2003B Bonds (the “Official Statement”), and has made no
independent investigation with respect to the information contained therein, including the
appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or
completeness of such information. Subject to the foregoing, the City hereby consents to the
distribution and the use by the Underwriter in connection with the sale of the Series 2003B
Bonds of the Official Statement. The Official Statement is the sole material consented to by the
City for use in connection with the offer and sale of the Series 2003B Bonds. The City hereby
approves the Continuing Disclosure Agreement, dated on or after December 1, 2003 (the
“Continuing Disclosure Agreement”), to be executed and delivered by the Obligated Group and
the Trustee, in the form now on file with the City.
10. Except as otherwise provided in this resolution, all rights, powers and privileges
conferred and duties and liabilities imposed upon the City or the City Council by the provisions
of this resolution or of the aforementioned documents shall be exercised or performed by the
City or by such members of the City Council, or such officers, board, body or agency thereof as
may be required or authorized by law to exercise such powers and to perform such duties.
No covenant, stipulation, obligation or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation or
agreement of any member of the City Council of the City, or any officer, agent or employee of
the City in that person’s individual capacity, and neither the City Council of the City nor any
officer or employee executing the Series 2003B Bonds shall be liable personally on the Series
2003B Bonds or be subject to any personal liability or accountability by reason of the issuance
thereof.
No provision, covenant or agreement contained in the aforementioned documents, the
Series 2003B Bonds or in any other document relating to the Series 2003B Bonds, and no
obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give
rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers.
In making the agreements, provisions, covenants and representations set forth in such
documents, the City has not obligated itself to pay or remit any funds or revenues, other than
funds and revenues derived from the Loan Agreement and the Supplemental Note which are to
be applied to the payment of the Series 2003B Bonds, as provided therein and in the Indenture.
11. Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon
any person or firm or corporation, other than the City or any holder of the Series 2003B Bonds
issued under the provisions of this resolution, any right, remedy or claim, legal or equitable,
under and by reason of this resolution or any provisions hereof, this resolution, the
St. Louis Park City Council Agenda
Item: 111703 - 4g - Park Nicollet Private Activity Revenue Bond
Page 8 of 8
aforementioned documents and all of their provisions being intended to be and being for the sole
and exclusive benefit of the City and any holder from time to time of the Series 2003B Bonds
issued under the provisions of this resolution.
12. In case any one or more of the provisions of this resolution, other than the
provisions contained in the first sentence of Section 3 hereof, or of the aforementioned
documents, or of the Series 2003B Bonds issued hereunder shall for any reason be held to be
illegal or invalid, such illegality or invalidity shall not affect any other provision of this
resolution, or of the aforementioned documents, or of the Series 2003B Bonds, but this
resolution, the aforementioned documents, and the Series 2003B Bonds shall be construed and
endorsed as if such illegal or invalid provisions had not been contained therein.
13. The Series 2003B Bonds, when executed and delivered, shall contain a recital that
they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity
of the Series 2003B Bonds and the regularity of the issuance thereof, and that all acts, conditions,
and things required by the laws of the State of Minnesota relating to the adoption of this
resolution, to the issuance of the Series 2003B Bonds, and to the execution of the
aforementioned documents to happen, exist and be performed precedent to the execution of the
aforementioned documents have happened, exist and have been performed as so required by law.
14. The officers of the City, bond counsel, other attorneys, engineers, and other
agents or employees of the City are hereby authorized to do all acts and things required of them
by or in connection with this resolution, the aforementioned documents, and the Series 2003B
Bonds for the full, punctual and complete performance of all the terms, covenants and
agreements contained in the Series 2003B Bonds, the aforementioned documents and this
resolution. In the event that for any reason the Mayor of the City is unable to carry out the
execution of any of the documents or other acts provided herein, any persons delegated the duties
of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such
execution or acts on behalf of the City with full force and effect, which execution or acts shall be
valid and binding on the City. If for any reason the City Manager of the City is unable to
execute and deliver the documents referred to in this Resolution, such documents may be
executed by any person delegated the duties of the City Manager, with the same force and effect
as if such documents were executed and delivered by the City Manager of the City.
15. The City understands that the Obligated Group will pay directly or through the
City any and all costs paid or incurred by the City in connection with the transactions authorized
by this resolution, whether or not the Series 2003B Bonds are issued.
16. This resolution shall be in full force and effect from and after its passage.
Adopted by the City Council of the City of St. Louis Park, Minnesota, this November 17, 2003.
(Signature Block)
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 1 of 7
4h Motion to adopt an Ordinance Relating to Tree Removal and Trimming,
Amending St. Louis Park Ordinance Code Chapters 12 and 34, approve the
summary and authorize summary publication and a Motion to adopt a Resolution
Setting Amount of Public Subsidy for Tree Removal and Disease Prevention in
the City
Background:
Revisions to the city’s 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 requires the homeowners to pay for the removal of dead or diseased trees and stump removal
on the boulevard through a licensed contractor. The accompanying resolution sets the subsidy the city
is willing to provide to homeowners at 50% for 2004.
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:
At first reading, City Attorney Tom Scott stated that some minor revisions to the format of the
ordinance should be made which would not substantially change ordinance requirements. Therefore,
the changes have been incorporated and the ordiannce is now being presented for final adoption.
Attachments: Ordinance
Summary
Resolution
Prepared by: Cindy Reichert, City Clerk
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 2 of 7
ORDINANCE NO. 2257-03
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE RELATING TO TREE REMOVAL
AND TRIMMING, AMENDING ST. LOUIS PARK
ORDINANCE CODE CHAPTERS 12 AND 34
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Sections 34-51 through 34-61 are amended to read as follows:
DIVISION 2. CONTROL 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 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 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.).
(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.
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 3 of 7
(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 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 any infestation.
(Code 1976, § 6-203)
Sec. 34-54. Abatement of tree nuisances.
In abating the nuisances defined in section 34-52, 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 tree nuisances
When it appears with reasonable certainty that any nuisance defined in section 34-52
exists, 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
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 4 of 7
nuisance. Removal of any tree 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 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)
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 5 of 7
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.
Section 2. Section 34-86 is amended to read as follows:
Sec. 34-86. Removal or injury to trees.
No person shall remove, destroy, cut, deface 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)
Section 3. Section 12-34(1) is amended to read as follows:
(1) All limbs of trees which are less than twelve feet above the surface of any street
or sidewalk.
Section 4. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and
publication.
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
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 6 of 7
SUMMARY
ORDINANCE NO._____________
AN ORDINANCE RELATING TO TREE REMOVAL
AND TRIMMING, AMENDING ST. LOUIS PARK
ORDINANCE CODE CHAPTERS 12 AND 34
The ordinance requires homeowners to pay for the removal of dead or diseased trees and stump
removal on the boulevard through a licensed contractor. In addition to this ordinance, the council also
adopted a resolution stating that the city will continue to subsidize the cost to the homeowner at 50%
for calendar year 2004.
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
St. Louis Park City Council Agenda
Item: 111703 - 4h - 2nd Reading Tree Ord & Subsidy Resolution
Page 7 of 7
RESOLUTION NO. 03-171
A RESOLUTION SETTING AMOUNT OF PUBLIC SUBSIDY
FOR TREE REMOVAL AND DISEASE PREVENTION
IN THE CITY
WHEREAS, The city council has determined that the health of the trees within the municipal
limits is threatened by tree diseases; and has 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 obstructive limbs over streets and sidewalks substantially depreciates the value of
property within the city and/or impair the safety, good order, general welfare and convenience of the
public; and
WHEREAS, With passage of Ordinance No. 2257-03 Council has declared it’s intent to
control and prevent these conditions; and
WHEREAS, the City Council wishes to offset the financial burden to property owners for
removal of dead and diseased trees and for disease prevention.
NOW THEREFORE BE IT RESOLVED that a subsidy in the following amounts shall be in
effect commencing on January 1, 2004 until such time as the Council deems fit.
Arbotect and Alamo injection – Diseased Elm and Oak Trees 40%
Removal of diseased, dead and hazardous boulevard trees 50%
Reviewed for Administration: Adopted by the City Council November 17, 2003
City Manager Mayor
Attest:
__________________________________
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 4i - Cable TV Franchise Fees Audit
Page 1 of 1
4i. Motion to accept the results of the cable franchise fee audit and accepting
TimeWarner Cable’s payments to date with no additional claims by Time Warner
or the City.
Background:
Staff and the Telecommunications Advisory Commission (TAC) have periodically discussed an
audit of franchise fees as a matter of due diligence, as an audit had not been conducted since the
current franchise took effect in 1989. The purpose of such an audit is to ensure the City has
collected the correct amount of funds from Time Warner Cable (TWC), per the franchise
agreement.
On October 11, 2001 the TAC gave their approval for staff to develop a proposal, which was
subsequently approved by the City Council March 4, 2002.
Scott Lewis & Associates was hired and conducted a franchise fee audit of Time Warner for
2000 and 2001 and provided a report to the City Manager in December, 2002, which was
reviewed by the TAC at their January 23, 2003 meeting.
As a result of the audit, TWC made payment of $12,515 to reimburse the City for the cost of the
audit and $6,493 for additional amounts due. In the end, there were offsetting claims for
underpayments and overpayments by both parties in amounts of approximately $900. Both
parties agreed to drop the offsetting claims. Additionally, the City will collect additional
revenues in the future of several thousand dollars per year.
Recommendation:
The Telecommunications Advisory Commission voted unanimously on October 23, 2003 to
approve this mutual recommendation, which also preserves the City’s right to audit all addresses
in the future, and to conclude the audit with a reasonable settlement.
Prepared by: Reg Dunlap, Civic TV Coordinator
Through: Clint Pires, Director of Technology and Support Services
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 4j - Housing Authority Minutes Sept 10 2003
Page 1 of 2
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, September 10, 2003
Westwood Room
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, William Gavzy, Anne Mavity
and Judith Moore
MEMBERS ABSENT: Commissioner Shone Row
STAFF PRESENT: Sharon Anderson, Jodi Bursheim, Tom Harmening, Jane Klesk and
Brian Swanson
OTHERS PRESENT: Steve Wischmann, Kern, Dewenter, Viere, Ltd.
1. Call to Order
Commissioner Gavzy called the meeting to order at 5:03 p.m.
2. Approval of Minutes for August 13, 2003
The August 13, 2003 minutes were unanimously approved with the following amendment
to 6.a.: September 13th Board meeting is changed to September 10th Board meeting; and
amendment to 8.: September 13th Board meeting is changed to September 10th Board
meeting.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Audit Presentation
Mr. Wischmann, of Kern, Dewenter, Viere, presented the HA's audited financial
statements for fiscal year ending March 31, 2003, and answered questions from the
Commissioners. Mr. Wischmann noted that due to significant improvements in internal
controls, the HA has received the highest audit opinion that can be issued, and added that
its reserve and cash levels are sufficient, and that HA operations, in general, are excellent.
b. Housing Authority Reserve Funds
St. Louis Park City Council Agenda
Item: 111703 - 4j - Housing Authority Minutes Sept 10 2003
Page 2 of 2
Ms. Anderson stated that Ms. McGann, Finance Director, and the HA's auditors
recommend that the HA maintain a reserve balance equal to at least 6 months of Public
Housing operating expenses, and that the current Public Housing reserve is equal to 7.3
months of operating expenses. Ms. Anderson further explained that the Section 8
Voucher Administrative Fee Reserve Fund has been created and administrative funds in
excess of 75% of one month's administrative and HAP expenses have been transferred
into the General Fund.
c. Fiscal Year End 2003 Public Housing Assessment System (PHAS) Score
Ms. Anderson announced that the HA received a "high performer" score of 92 points
from a possible maximum of 100, up one point from last year. Ms. Anderson noted that
out of the 4 indicators on which the score is based, financial went up one point this year.
d. Election of Officers
Election of officers was tabled until the November 12th meeting.
7. Communications from Executive Director
a. Claims List No. 9-2003
Commissioner Moore moved to ratify Claims List No. 9-2003, and Commissioner
Mavity seconded the motion. The motion passed 4-0, with Commissioners
Courtney, Gavzy, Mavity, and Moore voting in favor.
b. Communications
1. Monthly Report for September, 2003
2. Scattered-Site Houses and Hamilton House (verbal report)
3. Draft Financial Statement
8. Other
9. Adjournment
Commissioner Mavity moved for adjournment, and Commissioner Moore seconded the
motion. The motion passed on a vote of 4-0 with Commissioners Courtney, Gavzy,
Mavity, and Moore voting in favor. The meeting was adjourned at 6:50 p.m.
Respectfully Submitted,
Shone Row, Secretary
St. Louis Park City Council Agenda
Item: 111703 - 4k - Final Payment Glenn Rehbein 29-02
Page 1 of 1
RESOLUTION NO. 03-172
RESOLUTION ACCEPTING CONSTRUCTION OF
LOUISIANA OAKS PARK
CONTRACT NO. 29-02
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 15, 2002, Glenn Rehbein Excavating,
Inc. has satisfactorily completed work on Louisiana Oaks Park, as per Contract No. 29-02.
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 17, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 8a - Workers Compensation Insurance
Page 1 of 3
8a. Workers Compensation Insurance
Changing from self-insured to fully insured workers compensation program.
Recommended
Action:
Motion to adopt adopt the resolution approving participation in
the League of Minnesota Cities Insurance Trust for Workers
Compensation Coverage including participation in managed care
effective December 1, 2003.
Background:
The city has been self-insured for workers compensation since 1993. This means, we hire an
administrator (Sedgwick) to process paperwork and bill us for actual claims activities under
workers compensation. Under a self-insured program, we retain risk, including claims that are
re-opened or not closed. Payments also include fees for administration, actual costs of medical
treatment, legal fees, disability amounts and settlements of claims. When self-insured, we also
are required to maintain policies for high level exposure through WCRA (Workers
Compensation Reinsurance Association) and Employers Aggregate. Over the past several years,
and after review of claims activity, medical costs and associated fees, it was determined that the
City needed to move back to a guaranteed cost policy through a fully insured program.
Moving from self- insured to fully insured workers compensation program: Transitioning from
self insured to a fully insured workers compensation program causes some difficulties. It took
several years to re-align the various insurance policies required under a self insured workers
compensation program. Previously our policies for various forms of work comp insurance
administration expired at different times throughout the year. Our first step was to line up all the
policy expiration dates of the workers compensation programs to allow for a change and not
leave us open with gaps in coverage. The second step was to gather claim experience costs
under the self-administration of our workers compensation programs to get a true picture of our
expenses. Since we are billed directly and pay claims as they occur, amounts under a self-
insurance programs change weekly. Third, we needed to secure a carrier to handle the “tail
claims”. These are workers compensation claims that were made between 1993 through 2003
that are open and have continued expenses and activities.
Review of 5 years of expenses: Listed below is a summary of work comp costs paid including
claims, settlements, administrative fees and re-insurance costs.
1999 $176,615
2000 $173,775
2001 $365,240
2002 $473,855
2003 $393,976 (payments through October)
Total for 5 years: $1,583,460
5 year average: $393,976
St. Louis Park City Council Agenda
Item: 111703 - 8a - Workers Compensation Insurance
Page 2 of 3
The cost summary above is incomplete due to the fact that we are responsible for payment of
claims which were made while self insured that continue to be open and active, as well as claims
that may re-open. Currently, we have 21 active open claims.
Quote from LMCIT – fully insured program
In review of the cost of actual claims, settlements and administration fees, it was determined we
needed to change the way we handle workers compensation to contain costs and reduce our
overall liability. The city received a quote for fully insured coverage for workers compensation
from the League of Minnesota Cites effective December 1, 2003 as follows:
Regular premium: $307,000
Premium with Managed Care: $296,644
The quote for a fully insured workers compensation program through LMCIT is significantly
below the 5-year average we have paid out in our self-insured workers compensation program.
The LMCIT program is a guaranteed cost policy. This means we pay a full premium and are
fully insured for claims incurred as well as claims that may re-open.
Tail claims – what do we do?: Our current self-insured program with Sedgwick runs through
December 31, 2003. For 2004 and beyond, we will need to continue to work with either
Sedgwick or LMCIT to provide administration of payment of open claims from 1993 through
2003. The cost to continue administration on claims made from 1993 through 2003 will be
based on expenses directly charged for medical treatment, attorney fees, settlements and claims
administration. At the time of writing this document, we are working to finalize a quote from
Sedgwick and LMCIT to provide such continued services.
Budget
Funds to cover fully insured workers compensation program offered through the LMCIT are
included in the budget. Funds for coverage for “tail claims” during the timeframe we were self-
insured have also been reserved in our budget and the uninsured loss fund.
Recommendation:
Staff recommends that the City Council adopt the attached resolution, approving participation in
the League of Minnesota Workers Compensation Program effective December 1, 2003.
Attachment:
Resolution
Prepared by: Nancy Gohman, Human Resources Director
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 8a - Workers Compensation Insurance
Page 3 of 3
RESOLUTION NO. 03-173
RESOLUTION APPROVING PARTICIPATION IN THE LEAGUE OF MINNESOTA
WORKERS COMPENSATION PROGRAM EFFECTIVE DECEMBER 1, 2003
WHEREAS, The City Council wishes to adopt programs to limit liability to the City of
St. Louis Park; and
WHEREAS, The City Council has reviewed the costs of workers compensation and has
determined the need to move to a fully insured program.
NOW THEREFORE LET IT BE RESOLVED by The City Council of the City of St.
Louis Park:
1. The City enters into an agreement with the League of Minnesota Cities Insurance Trust
for Workers Compensation coverage effective December 1, 2003.
2. The City Manager is authorized to develop programs and procedures necessary to
implement this change in workers compensation coverage, including but not limited to
participation in managed care.
3. The City Manger shall continue to secure coverage for management of claims made
under the time 1993 through 2003 when the City was self-insured for workers
compensation and also have the authority to continue to approve payment for necessary
administration, processing and settlement of such open claims.
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
Page 1 of 10
8b. First Reading: Proposed Ordinance Amending Chapter 6, Article V –
Property Maintenance Code and Chapter 34, Section III – Weed Elimination
Discussion of ordinance adopting the 2003 edition of the International Property
Maintenance Code with city amendments.
Recommended
Action:
Motion to approve first reading of text amendments to the
Property Maintenance Code and Weed Elimination sections of
the Ordinance Code. Set 2nd reading for December 1st, 2003.
Purpose:
To approve an ordinance adopting the 2003 Edition of the International Code Conferences (ICC)
International Property Maintenance Code (IPMC) with revised amendments as the Property
Maintenance Code for the City. Staff is proposing consideration of this ordinance to remain with
the most current edition and use the opportunity to include several provisions recommended by
the City Attorney to improve our response in the most difficult situations requiring posting of a
property.
Staff is also proposing minor amendments to Chapter 34, Section 111 regarding Weed
Elimination to clarify turf grass and remain consistent with Chapter 6. The Weed Elimination
section provides abatement authority when necessary.
Background:
During the 2001 City Code re-codification process, the 2000 edition of the IPMC was adopted.
Following review by council and staff, this nationally developed model code was adopted with
several amended section’s to make the code more appropriate for the City. Adoption marked the
first time the City had implemented a comprehensive code to regulate interior and exterior
maintenance of all properties, replacing a relatively minimal housing code that had been used for
many years.
Unlike the mandatory State Building and Fire Codes, property maintenance codes are optional
for local government units to adopt. Our choice in using the IPMC was that it is a companion
code to the International Building and Fire Codes, currently adopted and utilized in the state.
Every three years the ICC publishes new editions of the model codes, incorporating changes that
member cities have proposed and voted on during annual business meetings. This process
allows staff to be involved with changes occurring to the model codes.
Analysis:
There have been several changes made to the 2003 edition of the IPMC to improve the clarity
and performance of the document. When viewing the model code, a solid black bar placed
vertically next to a section indicates it was modified from the previous edition. Some of the
changes to the 2003 edition resulted in revised IPMC section numbers, necessitating review of
all our amendments for accuracy. The proposed ordinance indicates a number of changes, which
are essentially a code housekeeping process.
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
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More significant amendments found in Sections 106-108 were drafted by the City Attorney to
assist with our response to significantly deteriorated and hazardous properties. The new sections
create a codified process consistent with our legal authority and provides the tools to utilize the
court system more effectively.
A few other proposed changes to amendments are intended to clarify sections that staff has found
difficult to explain or apply over the last two years.
The Property Maintenance Chapter is utilized to ensure maintenance of all existing properties,
including residential, commercial, and industrial. Requirements specified in these provisions are
utilized at the time of sale inspections, in responding to property deterioration complaints, during
neighborhood or citywide compliance checks, and as part of the apartment licensing inspection
program. Staff has reviewed the proposed amendments extensively to ensure consistency with
other city and state codes.
Attachments: Proposed Ordinance
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
Page 3 of 10
ORDINANCE NO. _______________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
CHAPTER 6: ARTICLE V – PROPERTY MAINTENANCE CODE AND
CHAPTER 34: SECTION 111 – WEED ELIMINATION
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Section 6-142 of the St. Louis Park Code of Ordinances is amended to read as
follows:
Sec. 6-142. Code adopted.
The International Property Maintenance Code, 2003 edition, as published by the Building
Officials and Code Administrators International, Inc., the International Conference of Building
Officials and the Southern Building Code Congress International, Inc., International Code
Council is adopted as the property maintenance code of the city, for the control of buildings and
structures as provided in this article; and each and all of the regulations, provisions, penalties,
conditions and terms of such code are referred to, adopted and made a part of this article, as if
fully set out in this section, with the additions, insertions, deletions and changes as set forth in
section 6-143.
Section 2. Section 6-143 of the St. Louis Park Code of Ordinances is amended to read as
follows:
Sec. 6-143. Revisions.
The following sections of the International Property Maintenance Code, 2003 edition, are revised
as follows:
Section 101.1. Title. Amended to read: These regulations shall be known as the Property
Maintenance Code of the City of St. Louis Park, hereinafter referred to as "this code."
Section 102.3. Application of other codes. Amended to read: Repairs, additions or alterations to a
structure or changes of occupancy shall be done in accordance with the procedures and
provisions of the Minnesota State Building Code and the City of St. Louis Park Code of
Ordinances.
Section 102.7. Referenced codes and standards. Amended to read: All references to other codes
or standards within this Code shall mean the applicable provisions of St. Louis Park Code of
Ordinances or Minnesota State Building Code, whichever is the most restrictive requirement
permitted under statute.
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Item: 111703 - 8b - 1st reading Amending IPMC 2003
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Section 103.2. Appointment. Amended to read: The director of inspections shall be the code
official.
Section 103.6.5. Fees. Deleted.
Section 106.3 Prosecution of violation. Amended to read: Any person failing to comply with a
notice of violation or order served in accordance with Section 107 shall be deemed guilty of a
misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of
violation is not complied with, the code official shall institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation, or to require the removal or termination of
the unlawful occupancy of the structure in violation of the provisions of this code or of the order
or direction made pursuant thereto. Any expenses incurred in carrying out the enforcement of the
provisions of this ordinance shall be included as an assessment for a service against the property
by the City Clerk.
Section 107.1 Notice to person responsible. Amended to read: Whenever the code official
determines that there has been a violation of this code or has grounds to believe that a violation
has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the
person responsible for the violation as specified in this code. The code official shall also provide
notice as provided in Section 108.3.
Section 107.2 Form. Subsection 5. Deleted.
Section 107.2 Form. Subsection 6. Deleted.
Section 107.5 Transfer of ownership. Deleted.
Section 108.1 General. Amended to read: When a structure or equipment is found by the code
official to be unsafe, or when a structure is found unfit for human occupancy, or is found
unlawful, such structure shall be subject to the provisions of this code.
Section 108.2 Closing of vacant structures. Amended to read: If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural collapse, the code official
is authorized to post the premises and order the structure closed up so as not to be an attractive
nuisance. Upon failure of the owner to close up the premises within the time specified in the
order, the code official shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons and the cost thereof shall be
assessed to the real estate upon which the structure is located.
Section 108.3 Notice. Amended to read: Whenever a code official has determined a structure or
equipment is unsafe, a structure is unfit for human occupancy or a structure is unlawful under the
provisions of this section, notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the person or persons responsible for the
structure in accordance with Section 107.3. If the notice pertains to equipment, it shall also be
placed on the unsafe equipment. The notice shall be in the form prescribed in Section 107.2.
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
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Section 108.4 Placarding. Posting. Amended to read: Upon failure of the owner or persons
responsible to comply with the notice provisions within the time given, the code official shall
place a posting on the premises or on the defective equipment which shall provide a statement of
the penalties for occupying the premises, operating the equipment or removing the posting.
Section 108.4.1 Posting removal. Amended to read: The code official shall remove the posting
whenever the defect or defects upon which the enforcement action and posting were based have
been eliminated. Any person who defaces or removes a posting without the approval of the code
official shall be subjected to the penalties provided by this code.
Section 108.5 Prohibited occupancy.Deleted Amended to read: Any occupied structure posted
by the code official shall be vacated as ordered by the code official. Any person who shall
occupy a posted premises or shall operated posted equipment, and any owner or person
responsible for the premises who shall let anyone occupy a posted premises or operate posted
equipment, shall be liable for the penalties provided by this code.
Section 108.6. Removal of placard. Deleted.
Section 111.1. Request for appeal hearing. Amended to read: Any person directly affected by a
decision of the code official or a notice or order issued under this code shall have the right to an
appeal hearing when requested in writing to the city. The hearing shall be held within 20 days of
the city receiving a request for appeal. A request for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted under this code have been incorrectly interpreted,
the provisions of this code do not fully apply or the requirements of this code are adequately
satisfied by other means, or that strict application of any requirement of this code would cause
undue hardship.
Section 111.2. Hearing official. Amended to read: The city manager or his/her appointed
designee shall serve as the hearing official for all appeals of this code. The hearing official shall
consider all relevant evidence, documents and verbal presentations submitted during the hearing
from the appeals applicant and the code official. Within ten days following the appeal hearing,
the hearing official shall notify the applicant and code official in writing of the decision.
Section 111.3. Limitations of authority. Amended to read: The hearing official shall have no
authority to waive fire and life safety requirements under the jurisdiction of the fire chief or to
approve a condition that would create a violation of the Minnesota State Building Code.
Section 111.4. Stays of enforcement. Amended to read: Appeal requests, except for imminent
danger orders or hazardous building notices, shall stay the enforcement of the notice and order
until the hearing official has notified the applicant and code official in writing of a decision on
the appeal.
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
Page 6 of 10
Section 201.3. Terms defined in other codes. Amended to read: Where terms are not defined in
this code and are defined in the St. Louis Park Code of Ordinances or the Minnesota State
Building Code, such terms shall have the meanings ascribed to them in those codes.
Section 202 GENERAL DEFINITIONS – CONDEMN. Deleted.
Section 302.4. Weeds. Amended to read: All premises and exterior property shall be maintained
free from all noxious weeds or plant turf grass growth in excess of six inches. All noxious weeds
shall be prohibited. Weeds shall be defined as all grasses, plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated flowers, ornamental grasses
or gardens.
Section 302.8. Motor vehicles. Amended to read: Except as otherwise provided in this St. Louis
Park Municipal Code of Ordinances, no junk vehicle, stock car, racing car, or inoperative
vehicle, or unlicensed motor vehicle shall be parked, kept or stored on any premises unless
within a totally enclosed structure. and No vehicle shall at any time be in a state of major
disassembly, disrepair or in the process of being stripped or dismantled. Spray painting of
vehicles is prohibited unless conducted inside an approved spray booth.
Exception.
(1) Any vehicle is permitted to undergo major overhaul, including minor sheet metal or
fiberglass panel repair and finishing, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such purposes.
Automotive maintenance and repair shall be limited to the owners/occupants who reside
at that address.
(2) Junk vehicles must be stored within a totally enclosed structure.
Section 303.3.304.3 Premises identification. Amended to read: Buildings shall have approved
address numbers placed in a position as to be plainly legible and visible from the street or road
fronting the property. Address numbers shall be in a contrasting color with their background, and
shall be Arabic numbers with a minimum size of three inches in height with a one-half- inch
stroke. Script or alphabet numbers are prohibited. Amended by adding: Property abutting alleys
shall also have the street address posted so as to be visible from the alley. Address numbers must
be placed on the building nearest the alley and meet the same requirements as for the numbers
facing the primary street frontage.
Section 303.3.1. 304.3.1 Multidwelling identification. Amended by adding new section to read:
All units and rooms in multidwelling buildings, including, but not limited to, homes for the aged,
hotels, motels, lodginghouses and boardinghouses, apartments and condominiums shall be
identified as separate units by consecutive numbering or lettering which shall be placed on the
door in Arabic numerals or English capital letters, with a minimum size of three inches and a
one-half- inch stroke.
Section 304.7 Roofs and Drainage. Amended to read: The roof and flashing shall be maintained
sound, weather-tight, and in good repair. Roofs shall not have defects or deterioration that allow
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
Page 7 of 10
precipitation to pass. Roof drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be
maintained in good repair and free from obstructions. Roof water shall not be discharged in a
manner that creates a public nuisance.
Section 303.13.1. 304.13.1.Glazing. Amended to read: Glazing must be maintained, securely
held in place, and free from holes or missing pieces. No jagged or abrasive edges are permitted.
Section 303.13.2.304.13.2. Openable windows. Amended to read: Every window required by this
code for ventilation or egress must be easily openable and capable of being held in place by
window hardware.
Section 303.13.3. 304.13.3. Storm Windows. Amended by adding: All openable windows with a
single layer of glass, in rental dwelling units, must be provided with tightfitting storm windows.
Storm windows may be temporarily removed to allow for the installation of screens during
periods of warm weather.
Section 303.14. 304.14.Insect screens. Amended to read: When insect screens are installed over
openings into any building they must be maintained in good condition, securely held in place,
and free from holes or tears.
Exception. Deleted.
Section 303.14.1.304.14.1. Screens required. Amended by adding new section to read: All
openable windows in rental dwelling units must be provided with tightfitting insect screens of
not less than 16 mesh per inch. Insect screens may be temporarily removed to allow for the
installation of storm windows during periods of cold weather.
Section 304.6.1.304.15.1. Landings. Amended by adding new section to read: Exterior doors,
other than storm doors must swing over a floor or landing of at least the width of the door
opening, extending from the threshold for a distance at least equal to the door width, and must
not be more than eight inches below the height of the door threshold.
Section 304.18.1.Doors. Deleted.
Section 304.7. 305.7.Food preparation. Amended by adding new section to read: All spaces to
be occupied for food preparation purposes shall contain suitable space and equipment to store,
prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for
the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Section 305.3.1.307.3.1. Garbage facilities. Deleted.
Section 305.4. 307.4. Construction debris. Amended by adding new section to read: All debris
from construction, remodeling, repair or demolition of a building shall be placed in approved
dumpsters or contained to prevent scattering of any debris from the project site.
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
Page 8 of 10
Section 402.1. Habitable spaces. Amended to read: Every habitable space shall have at least one
window facing directly to the outdoors or to a court.
Exception. Where natural light for the room or space is provided from an adjoining room
through an unobstructed opening equal to at least eight percent of the floor area of the
interior room or space.
Section 403.1. Habitable spaces. Amended to read: Every habitable space shall have at least one
openable window directly to the outdoors or to a court.
Exception. When the room or space is provided with a mechanical ventilation system
capable of supplying conditioned or unconditioned air to, or removing such air from any
space.
Section 403.2. Bathrooms and toilet rooms. Amended by adding exception to read:
Exception. Bathrooms or toilet rooms that contain only a water closet, lavatory or
combination thereof may be ventilated with an approved mechanical recirculating fan
designed to remove odors from the air.
Section 404. Occupancy limitations. Deleted entire section from 404.1 – 404.7.
Section 503.3. Location of employee toilet facilities. Deleted.
Section 602.2. Residential occupancies. Amended to read: Dwellings shall be provided with
heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit in all
habitable rooms, bathrooms and toilet rooms when the outdoor temperature is minus 20 degrees
Fahrenheit or warmer. Cooking appliances shall not be used to provide space heating to meet the
requirements of this section.
Section 602.3. Heat supply. Amended to read: Every owner and operator of any building who
rents, leases or lets one or more dwelling units, rooming units, dormitory or guestroom on terms,
either expressed or implied, shall furnish heat in compliance with section 602.2 to the occupants
from September 1 to June 1.
Exception. When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall not be required,
provided that the heating system is operating at its full design capacity.
Section 602.4. Occupiable workspaces. Deleted.
Section 603.2. Removal of combustion products. Amended to read: All fuel-burning equipment
and appliances intended for heating shall be connected to an approved chimney or vent to the
exterior of the building.
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
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Exception. Deleted.
Section 603.1.1. Appliance testing. Amended by adding new section to read: Central heating
appliances shall be tested by a licensed mechanical contractor to verify that the appliance is in a
safe working condition when evidence of malfunction, corrosion, deterioration or excessive
interior carbon monoxide is suspected.
Section 605.3. Lighting fixtures. Amended by adding: Lighting fixtures are not permitted within
or above shelving space within closets and enclosed storage rooms.
Section 702.3. Locked doors. Amended by adding exception to read:
Exception. Double-keyed deadbolts are permitted in existing single-family residential
dwellings, residential duplexes and individually owned townhomes.
Section 702.5. Sleeping room egress. Amended by adding new section to read: Every room or
space intended or used for sleeping shall have at least one openable window or door opening
directly to the exterior. The opening must be of a size and location which permits egress from the
room or space.
Section 704.1. Smoke detectors. Amended by adding: Smoke detectors shall be installed on each
floor of residential buildings in accordance with the Minnesota Uniform Fire Code. General.
Amended to read: All systems, devices and equipment to detect a fire, actuate an alarm, or
suppress or control a fire or any combination thereof shall be installed and maintained in an
operable condition at all times in accordance with the City Fire Code.
Sections 704.2. through 704.4. Deleted.
Chapter 8. Referenced standards. Amended to read: All references to other codes or standards
within this code shall mean the applicable provisions of St. Louis Park Code of Ordinances or
Minnesota State Building Code, whichever is the most restrictive requirement permitted under
statute.
Section 2. Section 34-111 of the St. Louis Park Code of Ordinances is amended to read as
follows:
Sec. 34-111. Weeds declared a nuisance; duty of owner.
(a) Any weeds, whether noxious or not as defined by state law, or turf grass growing at a
height greater than six inches upon any privately owned lot or tract of land in the city or
upon any public boulevard or similar public property alongside the traveled portion of a
street or alley abutting the private property are hereby declared to be a nuisance. Turf
grass is any type of vegetative grasses used for recreational or residential purposes.
St. Louis Park City Council Agenda
Item: 111703 - 8b - 1st reading Amending IPMC 2003
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(b) The owner or occupant of any such property or abutting property shall prevent the
nuisance, and if the nuisance occurs, the owner or occupant shall cut and remove the
weeds from the property or cut the turf grass to a height of less than six inches.
Section 3. Effective Date. This Ordinance shall be effective January 1, 2004 following passage
and publication.
ADOPTED this ____ day of ______________, 2003, by the City Council of the City of St.
Louis Park.
CITY OF ST. LOUIS PARK
Reviewed for Administration: Adopted by the City Council
City Manager Mayor
Attest:
City At torney
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 1 of 29
8c. Request of Methodist Hospital for a Final PUD with variances from sign
requirements to allow a phased expansion.
Case No 03-44-PUD
6500 Excelsior Blvd
Recommended
Action:
Motion to adopt a resolution approving the Final PUD with
variances subject to the conditions as stated in the resolution.
Note: The Council needs to specify whether they are approved
the resolution recommended by the Planning Commission with a
date certain added to condition O or the alternate resolution
based upon a subsequent meeting with neighborhood
representatives.
Current Zoning: RC, Multi-family Residential
F2 - Floodplain
Comprehensive Plan Designation: Office
Background:
The subject property, Methodist Hospital, is bound by Excelsior Blvd and the Meadowbrook
Golf Course to the south; Louisiana Avenue and Minnehaha Creek to the west; industrial
property to the north; and single family homes to the east. The existing R-C Zoning on the
property allows hospitals by CUP or PUD. Methodist Hospital, built in 1957, is currently under
a special permit, which was first adopted in 1965 with the latest amendment in 1998. Flood
Plain and wetland are located on the west side of the property adjacent to the Methodist Hospital
campus.
On June 16, 2003, the City Council approved a resolution approving an EAW for Methodist’s
proposed project, finding no need for an Environmental Impact Statement (EIS) and requiring
certain mitigation as described in the EAW (the EAW included both a parking and traffic study
conducted by SRF).
On September 2, 2003, the City Council approved the Preliminary PUD of Phase I to construct a
206,800 square foot Heart and Vascular Center and a parking ramp. The Council also approved
a concept plan for the future Phase II. A PUD modification to the RC District height restrictions
were approved for the exiting 8 story hospital building and an 18 foot mechanical penthouse on
top of the proposed 6 story Heart and Vascular Center.
Methodist is not requesting Final PUD for Phase I with a variance for signage. The sign variance
required a public hearing at Planning Commission.
Approximately 12 neighborhood meetings and 2 public hearings were held prior to preliminary
approval to discuss Methodist’s expansion plans and discuss design and neighborhood
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 2 of 29
mitigation. On September 22nd and October 7th, 2003 two additional neighborhood meetings
were held, and neighborhood representatives have also met with the applicant and developed an
Issues and Resolution Checklist for Phase I to identify development issues and resolutions to
them. Many of the issues have been addressed within this report and by the recommended
conditions. The Issues and Resolution Checklist document dated November 10, 2003 has been
attached to this report (See attached 3-ring binder)
On October 15, 2003, the Planning Commission held a public hearing on the Final PUD and sing
variances and heard testimony from a neighborhood representative. Planning Commission voted
4-0-2 (commissioners Carper & Finkelstein abstained) to recommend approval of Final PUD
with variances subject to the conditions staff recommended with two modifications. The
Planning Commission recommended setting an unspecified sunset date, to be determined by the
City Council, to bring all existing non-conformities into compliance, and recommended
temporary valet parking not be permitted along the east property line within the bufferyard.
These changes have been addressed in the resolution recommended by the Planning
Commission.
Subsequently, on November 7, 2003, staff met with the applicant, neighborhood representatives
and the Ward Council member to identify agreements that were reached between the
neighborhood and Park Nicollet/Methodist Hospital. Resolution was also reached on
outstanding issues such as bringing nonconformities into compliance. These will be discussed
within this report. An alternate resolution reflecting the November 7th consensus in included for
the Council’s consideration.
Site Data:
PUD Size : 38.10 Acres
Current Land Use Hospital/Clinic
Proposed Land Use Hospital/Clinic
Other required approvals: Minnehaha Creek Watershed District;
Hennepin County (for any changes in
Excelsior Blvd ROW)
PUD modification granted 1 (Height)
Variances Requested 1 (Signage)
Building Floor Area existing 782,427 square feet
After Proposed Phase I 956,727 square feet (HVC 206,800 sq. ft)
Building Ground Floor Area Existing 173,000 square feet
Building Ground Floor Area Proposed 201,500 square feet
Floor Area Ratio existing .47
After Proposed Phase I .58 (1.2 max. permitted)
Ground Floor Area Ratio existing .10
After Proposed Phase I .11 (.25 max. permitted)
Parking
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Item: 111703 - 8c - Methodist Final PUD
Page 3 of 29
Existing 2,326 approx.
After Proposed Phase I 2,497
Height
Existing 8 stories
Proposed Bldg 6 stories/75 feet plus 18 foot penthouse
Proposed Ramp 23 feet plus screen parapet wall
(Recommend up to 6‘ total wall height)
Description of Request:
Methodist is proposing a two phase expansion of their hospital facilities. Phase I includes the
demolition of the existing 32,500 square foot Tourtellotte building, located on the south side of
the hospital. This is proposed to be replaced with a new 206,800 square foot Heart and Vascular
Center. A new parking ramp is proposed in the Blue Parking Lot, south of the hospital closest to
Excelsior Blvd. The ramp would be connected to the Heart and Vascular Center by a covered
walkway. Proposed site circulation improvements are intended to improve the safety of the
Excelsior Blvd entry and to discourage its use by delivery vehicles and by patients, staff and
visitors who are better served by the north Louisiana Ave. entry.
Phase II, includes building expansions planned for future dates. The application has not defined
the exact timing, size and location of these future expansions, however the applicant has
proposed a framework for the future development. The Concept Plan approved at Preliminary
PUD identifies the following projects as part of Phase II: horizontal expansion of the
Meadowbrook Building, vertical expansion of the east and west tower of the Hospital Building,
new building –potentially a future laboratory facility, and a new parking ramp in the Orange
Parking Lot on the north side of the building on the northwest side of the Campus. These
projects may be built at various times. Louisiana entry improvements are also proposed to
increase the utilization of this as another main entrance point. The goal is to direct staff, patients
and visitors to the proper entry point and decrease the use of the internal connecting roadway
east of the hospital, adjacent to the residential properties. There was not enough information
provided for Phase II to grant it full Preliminary PUD approval. Therefore, Phase II was
approved in concept only and any portion of it will require both preliminary and final PUD
approval in the future.
The remainder of this staff report analyzes Phase I for Final PUD.
Issues:
Ø Are the Final Plat and PUD proposals in conformance with the conditions for
Preliminary Plat and PUD approval?
Ø Are the criteria for the Variances met?
Ø Are there any other issues?
Analysis:
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 4 of 29
Ø Are the Final Plat and PUD proposals in conformance with the conditions for
Preliminary Plat and PUD approval?
Internal traffic circulation: A condition of preliminary approval required the submission of plans
for internal traffic circulation improvements and any near-term changes to the Excelsior Blvd.
entrance. Subsequently, the applicant and City staff met with representatives from Hennepin
County to discuss proposed changes at the Excelsior Blvd. entrance, which are intended to
enhance pedestrian and vehicular safety & increase visual identity of the entrance. The plans
propose to narrow the entrance by approximately 40 feet and eliminate the ‘porkchop’ or island
in the entrance, thus allowing a continuous crosswalk to be provided. The signal that is currently
in the porkchop would be moved and probably upgraded. Entrance identification signage would
be enhanced. Hennepin County appeared open to looking at changes to the entrance and agreed
to work with the applicant on the proposed design through their permit process. Proposed plans
for entry improvements were received after the Planning Commission public hearing. The
applicant is proposing to re-landscape the frontage along Excelsior Blvd and provide a new
standard Metro Transit bus shelter at Methodist’s cost unless funding is available. In an effort to
calm internal traffic on the on-campus roadway, the applicant is proposing to provide a planted
boulevard over a portion of the roadway, (see General Development Plan), and install pavers just
south of the existing hospital. The design of the pavers would help direct traffic toward the
Heart and Vascular Center entrance and reduce unnecessary trips on the internal north-south
roadway.
During the preliminary PUD process the applicant indicated changes would be made to improve
the Louisiana entrance so that it becomes another “main entry” thus minimizing traffic traveling
on the internal roadway between the north and south portions of campus. The applicant is
proposing to improve the landscaping, signage and lighting to enhance visibility of the Louisiana
entry and enhance the communications protocol with patients, vendors and staff to encourage the
use of this entry. All delivery vehicles will be directed to use this entry to access the campus by
internal communications, potential change of the delivery address to Louisiana Avenue, and
directional signage. Park Nicollet is currently improving the roadway configuration to improve
truck access to the loading dock. Improvements are also being conducted to the Meadowbrook
entrance (north-side) lobby, installation of a canopy and parking modifications. The orange
parking lot is being reconfigured so that it is closer to the Louisiana Entrance. All these
improvements will encourage use of the Louisiana Ave entrance. In an effort to increase
pedestrian safety along Louisiana Ave., the City recently installed a crosswalk across Louisiana
Ave. near the hospital entrance and has plans to install pedestrian ramps (handicap curb
depressions) on either side of the road later this year or early spring 04.
Staff and the Planning Commission believe the proposed plans will improve not only the visual
appeal of the property but also increase the vehicle and pedestrian safety at the entrances and
traffic flow throughout the campus. The proposed improvements will also create 2 “main”
entrances thus reducing traffic traveling between the north and south portions of the campus via
the roadway next to the residential district. Staff and the Planning Commission recommend as a
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 5 of 29
condition of approval that the applicant continue to work with Hennepin County on the design
specifics of the Excelsior Blvd entrance and obtain a permit from Hennepin County prior to
making any changes. The signals at the Excelsior Blvd entrance currently are not equipped with
Emergency Vehicle Preemptive devices (EVP’s). Staff and the Planning Commission
recommend these devices be installed if there are any opportunities for upgrades to the signals
with the entrance redesign.
Landscaping Plans & tree removal: Preliminary PUD approval required the submission of
revised tree replacement and landscaping plans which meet City requirements. A revised tree
replacement plan that exceeds City tree replacement requirements was submitted. A revised
landscape plan was also submitted. A Bufferyard F is proposed between the internal roadway
(east of the proposed ramp) and the residential properties. To bring existing bufferyard
nonconformities into greater compliance, this Bufferyard F was extended further north so that it
runs the entire length of the hospital building, including the Meadowbrook portion of the facility.
The City Forester commented that the applicant is proposing a nice mix of species. However, he
did recommend that the tree protection fencing be installed around the drip line of the tree
canopy prior to site work and maintained throughout construction. This condition is included in
both resolutions.
In addition to the Bufferyard F along the residential property, a Bufferyard D is proposed
between the ramp and the internal roadway. Vines are proposed to be planted on various vertical
exterior elements of the ramp to provide additional screening of the ramp. Approximately 40-
50% of the proposed plantings consists of evergreens strategically planted to minimize visual
impacts such as glare or headlights to residential properties. The applicant has provided a memo
stating that larger planting sizes for most plants between the ramp and residential properties are
proposed. The Ordinance requires a minimum of 6-foot tall evergreens, 8-foot tall ornamental
trees, and 24-inch shrubs. The applicant is proposing to install some 8-foot tall evergreens, 10-
foot tall ornamental trees and more shrubs are proposed to be 36 to 48 inches. Two evergreen
species on the proposed plans are shown to be 4 & 5 feet in height when installed. Staff and the
Planning Commission recommend these be increased to 6 feet as required.
To screen the parking ramp the ordinance requires a B4 berm or Bw3 berm wall (see attached
drawings Figures 36-364 B & C from the Ordinance) be provided within the bufferyard. Due to
the easement for and location of overhead utility lines within the bufferyard and providing the
grades necessary to meet storm water requirements, meeting this requirement is difficult. Staff
and the Planning Commission determined that the intent of this screening requirement is being
met through a combination of landscaping, grade differences, fence and architectural screening.
Elevations at the east property line are a few feet higher than the ramp’s main level. Overhead
powerlines are located within the Bufferyard between the residential properties and the hospital’s
internal roadway prohibiting the installation of a berm in this area. An F5 fence is located at the
property line and provides screening along the entire length of this property line. The proposed
elevations directly adjacent to the parking ramp are necessary to meet City’s and the Watershed’s
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 6 of 29
storm water requirements. Staff and the Planning Commission believe the existing site
conditions make it infeasible to install a berm or berm wall, and that ample screening is provided
between the ramp and residential properties (see attached cross section between ramp and the
residential property). However, because a higher level of site design is required with a PUD,
staff and the Planning Commission recommend that a 5-foot tall screen wall be architecturally
incorporated at the base of the parking ramp. The applicant has indicated they can meet this
condition. Therefore, staff and the Planning Commission recommend as a condition of approval
that revised ramp elevations or an equivalent alternative is approved prior to the issuance of any
building permits. The neighborhood is amenable to the proposed solution.
Architectural Design:
The applicant has submitted a packet of colored building elevations. The percentage of class I
materials on the Heart and Vascular Center is in excess of 70-75% thus exceeding ordinance
requirements. The exterior materials are proposed to be brick (to match the brick on the existing
hospital), glass, stucco, and metal. A metal and glass canopy is proposed over the driveway.
Staff is comfortable that the design of the pre-finished metal mechanical penthouse is integrated
into the building’s design. Staff is recommending submission of material samples to ensure
brick matching and adherence to the maximum 5% bright accent colors (the blue metal appears
bright in one of the elevations but is supposed to be subdued).
In reviewing the ramp elevations, the Inspections Department noted that they will not approve
the use of cables as proposed on the west elevation and possibly the north elevation because
there is no way to ensure these will maintain the building codes 4 inch spacing requirement.
Staff and the Planning Commission recommend the west elevation integrate more brick to be
more in keeping with the east elevations. Staff has heard that the Inspections Department may
have changed their positions on the ramp, but a final determination has not been made. This will
not change the condition in the resolution.
Lighting: A condition of the Preliminary approval required that a lighting and photometrics plan
meeting ordinance requirements be submitted, including details for ramp lighting. Plans were
submitted that exceed light level restrictions as footcandle levels for all site and ramp lighting are
proposed to be 0 at the residential property line. The lights are proposed to be a maximum of 25
feet high. To eliminate visibility of light sources, cut-off style fixtures with visors/ shields are
proposed. See the attached fixture details. Ramp lighting is also a bit lower on the residential
side to ensure the visors prevent all direct glare. Ordinance requirements are proposed to be met.
However, staff and the Planning Commission recommend future amendments to Section 36-
167(f)(12)(d) to clarify or eliminate this language, since it currently provides no additional
protection to residential districts. The intent of this section is to minimize visibility of light
sources or direct glare from residential properties. These restrictions are also required under
Section 36-363, which regulates exterior lighting by limiting the light levels at property lines,
and requires the visibility, spill light, or glare from light sources as viewed from off-site to be
minimized by use of cut off fixtures, lenses, shields, louvers or other mitigative measure. Staff
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 7 of 29
and the Planning Commission determined that the proposed project meets these light
requirements.
Phasing & Construction Plans:
Construction on the Heart and Vascular Center is proposed to begin in January 2004 and be
completed by August 2005. Construction activities are proposed to commence December 2003
as the Tourtellote building is prepared for demolition in January 2004. Starting around February
2004 through May 2004 construction will begin on the new building by driving steel pipe piling.
In the summer 2004 work on the building frame is anticipated with building enclosure by the end
of the year. Ramp construction will begin in early April 2004 and will be complete by the end of
2004. Reconstruction of Excelsior Blvd entrance will begin late fall 2004 with completion in
spring 2005. It is anticipated that phasing of the entrance work will minimize but not eliminate
closing of the entrance for a time.
Construction activities are proposed to be confined to the west side of the entry road.
Construction vehicles will leave the site by traveling through the existing parking lot and exiting
the lot near the Excelsior Blvd entrance to minimize travel near residential properties. The hours
of operation will meet City requirements. The temporary use of all construction structures,
equipment and material storage will also have to meet City requirements. While most patient
and visitor traffic will be re-routed to the Louisiana Entrance during construction, emergency
vehicles will continue to use the Excelsior Blvd. entrance during most of the construction. There
will be a couple weeks when the Excelsior Blvd. entrance will be closed; during that time
emergency vehicles will be routed though the Louisiana entrance. The eastern portion of the
existing Blue lot will remain open for Doctor parking during a portion of construction. To
accommodate the elimination of patient parking in this location during construction Methodist is
currently expanding their off-site “Purple” lot. In addition, the “Orange” lot in the north part of
campus is being reoriented toward the Louisiana entrance.
Nonconformities: The preliminary approval required that a plan be submitted for bringing the
nonconformities on the site into compliance. The existing bufferyard between the residential
properties and the hospital does not meet Bufferyard requirements. The northern parking lot is
also nonconforming with design, internal landscaping and lighting requirements. As requested,
plan was submitted prior to the public hearing that identifies how these nonconformities will be
brought into compliance. The Final PUD Landscape Plan proposes that the part of Phase I
bufferyard F along the east property line will extend further to the north along the entire length
of the Methodist Hospital building including the Meadowbrook building. This has been deemed
acceptable by staff, the Planning Commission and neighborhood. The remainder of the
bufferyard will be installed with any future expansion or Orange lot reconstruction to the extent
reasonable and possible.
The applicant also identified short-term hardships that would be associated with bringing the
remaining non-conformities into conformance as part of Phase I improvements, including the
loss of approximately 200 parking spaces in the north lot to conform to design and internal
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 8 of 29
landscaping requirements. They proposed instead to bring the nonconformities in the northern
portion of campus into compliance with the future PUD process for Phase II. Staff
recommended to the Planning Commission these nonconformities be brought into compliance
with any future expansion of occupiable floor area or any future reconstruction of the Orange
parking lot or a new Orange ramp. The Planning Commission recommended an unspecified
sunset date be set to bring the nonconformities into compliance and that the City Council should
make the final decision on that date.
Subsequently, staff met with Methodist Hospital representatives, neighborhood representatives
and the Ward Council member and all parties agreed to an alternate solution to bring the
nonconformities into compliance. These are as follows:
• Within 4 years from final PUD approval, the lights in the north parking lot will be
updated to eliminate direct illumination and glare onto residential properties per City
Ordinance.
• All other nonconformities, including parking lot design and bufferyards, will be
brought into compliance with any future expansion of occupiable floor area or any
future reconstruction of the Orange parking lot or a new Orange ramp to the extent
reasonable and possible as determined by the City via the PUD amendment process.
Staff has drafted an alternate resolution for City Council consideration which includes the above
as conditions of approval.
Floodplain/grading: The Preliminary PUD plans proposed to fill a portion of the floodplain west
of the proposed parking ramp and provide compensating storage. A condition of the Preliminary
PUD approval required that floodplain calculations be submitted. The proposed Final PUD
Grading Plan was amended slightly and the applicant is proposing to expand the floodplain by
adding 1,100 cubic feet of floodplain capacity.
Variance: The Preliminary PUD approval required the Final PUD plans to include a plan for
bringing signage on site into compliance or submit a sign variance application. A variance
application was submitted with the Final PUD application. The requested variances are reviewed
below.
Ø Are the criteria for the Variances met?
Private Directional Signs: The zoning ordinance exempts private directional signs under 4
square feet from most provisions of the sign ordinance. The applicant is requesting that all of
their private directional signs within the hospital campus, including those over 4 square feet be
exempt. A sign plan was submitted that proposes 20 on-site directional signs with a total square
footage of approximately 600 square feet. Currently the hospital has 16 directional signs that
total 680 square feet. These calculations include both sides of all two-sided signs.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 9 of 29
Maximum Sign Area: The hospital property is zoned RC - Multi-Family Residential, which
permits a maximum of 80 square feet of sign area on the entire property. The applicant is
requesting approximately 1800 square feet of sign area, including all wall, building entrance, and
monument identification signs (12-14 signs). There are 10 such signs currently on site totaling
approximately 692.25 sq. ft..
Maximum Size of Sign Face: Under the RC zoning district each sign face is restricted to a
maximum of 60 square feet. The applicant is requesting variances from this requirement for 6-8
of the above mentioned signs. Specifically, they are requesting that a new Heart and Vascular
wall sign be 157.5 square feet, a new Park Nicollet logo on the east elevation be 208 square feet,
and two new Methodist hospital wall signs be 376 square feet each. In addition, the applicant is
requesting to allow their two existing two-sided 304.5 square foot monument identification signs
to be permitted (609 sq. ft) or instead allow 4 new one-sided monument identification signs, 120
square feet each (480 sq. ft total).
Sign Setback: A 25-foot setback is required from the property lines for freestanding signs. The
applicant is requesting their 2 existing monument signs be permitted to remain at a 1 foot setback
near each entrance, or allow 4 new monument signs to be permitted at a 1 foot setback, one on
each side of the roadway entrances.
Number of Signs on a Street frontage: The ordinance permits 1 freestanding sign per street
frontage. Currently, Methodist meets this requirement as they have one monument sign at each
of their two entrances. They are requesting the option to replace these monuments with 4 new
ones, two at each entrance.
The applicant submitted a sign plan, which includes existing signage at their remote parking
locations and proposes two new directional signs in the right-of-way at the intersection of
Louisiana Avenue and Excelsior Blvd. There are no changes proposed to the existing signs at
the remote (off-site) parking location, therefore staff has not included these in our variance
analysis. If any changes are proposed to these signs in the future, sign permits will be required.
Excelsior Blvd. is a County Road and Hennepin County would have to approve any signs within
their right-of-way. These signs have also been excluded from the variance analysis. Following
are staff’s analysis of whether the seven necessary findings are met for the variances of on-site-
signage.
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.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 10 of 29
The minimum lot area allowed under the RC zoning district is 15, 000 square feet. The
applicant’s property is approximately 38.10 acres (1,660,000 square feet), and 10.78 acres of the
western portion of the property is wetland, thus cannot be developed. As such the hospital
campus was built approximately 500 feet from Louisiana Ave. The existing hospital is
approximately 550 feet from Excelsior Blvd, whereas the minimum front yard setback is only 30
feet. The hospital entrances off of Excelsior Blvd and Louisiana Ave are both difficult to find
until one is almost past the entrance. If the required setback were met, the signs would not be
visible. In other zoning districts the Ordinance does permit increases in the amount of signage if
buildings are away from the public right of way. Providing visibility and adequate direction are
extremely important to hospitals, which are legally permissible uses in this district. However,
the distance from public streets, the size of the hospital campus and complexity of navigating
through it require a greater amount of signage and larger signage than permitted under this
residential zoning district. Hospital patients, visitors and emergency vehicles require enough
signage to enable them to get to their destination at the hospital quickly and efficiently.
Staff and the Planning Commission believe this criteria has been met for all of the requested
variances provided signage is reduced as described under #3.
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.
Methodist is the only hospital facility located within the City and the conditions applying to it are
unique and do not apply to other land in the RC district or any other district in the City. In
addition, Methodist’s property is substantially larger than any other property within the RC
district and includes a substantial amount of wetland/floodplain, which limits visibility of small
building signs. .
Staff and the Planning Commission believe this criteria has been met for all of the requested
variances provided signage is reduced as described under #3.
3. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
The applicant stated the variances are necessary to provide visibility and direction. It will allow
them to provide efficient and convenient directions necessary for the safety of the patients. Staff
and the Planning Commission agree a larger amount of signage is appropriate given the unique
services the hospital provides. The facility provides a diverse amount of important services such
as a cancer center, heart and vascular center, MRI and emergency centers. It is important that the
entire campus and the entrance to each service are adequately identified with directional signs,
and increases in the number and size of the directional signs seems appropriate. However, staff
and the Planning Commission do not believe that the proposed 208 square foot wall sign on the
east elevation is necessary for visibility or direction. It is intended to reinforce that the hospital
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 11 of 29
is a Park Nicollet facility. While this elevation is located along the entrance roadway, it is not on
either public roadway. Two additional 376 square foot wall signs are proposed in these
locations. Staff and the Planning Commission believe the two 376 square foot signs and the
entrance monument signs provide a reasonable amount of identification to the hospital and the
Park Nicollet Logo could be incorporated into one of these signs.
Staff and the Planning Commission also believe the proposed 157.5 square foot Heart and
Vascular entry wall sign on the east elevation should be decreased to meet the maximum sign
face requirement of 60 square feet. All other entrance wall signs meet the sign face maximum
size requirements and provide enough visibility for patients to find them. Staff and the Planning
Commission believe a 60 square foot heart and vascular entry sign would also provide enough
visibility for patients.
Staff and the Planning Commission believe this criterion has been met provided the 208 square
foot and 157.5 square foot wall signs on the east elevations are eliminated and reduced to 60
square feet respectively.
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 and the Planning Commission agree with the applicant that the variances will not impair
light and air to the adjacent properties, or endanger the public safety. In fact, Staff and the
Planning Commission believe providing too little signage could endanger public safety as many
patients using the hospital have urgent health needs.
Staff and the Planning Commission believe this criteria has been met for all the variances.
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 and the Planning Commission agree with the applicant that the variances will not
unreasonable impact the character and development of the neighborhood. The larger signs, and
proposed setbacks will increase the safety for those entering the hospital. To ensure that the
proposed signs do not impact, staff and the Planning Commission suggest as a condition that no
illuminated signage, excluding emergency signs, be allowed on the east elevation of the hospital
and ramp and the east wall sign reduced in size.
Staff and the Planning Commission believe this criteria has been met provided signage is
reduced as described under #3 and illuminated signage, excluding emergency signs, be
prohibited on the east side.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 12 of 29
6. The granting of the variance will not be contrary to the intent of the Zoning Ordinance
or Comprehensive Plan.
An intent of the sign ordinance and Comprehensive Plan is to permit a safe, efficient, effect and
aesthetic means of communication. This is also important to the Hospital and it’s special use.
Impacts on adjacent properties are also to be minimized per ordinance and Comprehensive Plan.
Staff and the Planning Commission believe this criteria to be met provided signage is reduced as
described under # 3 and illuminated signs, other than emergency signs, be prohibited on the east
side.
7. The granting of the variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable undue hardship or difficulty.
Clear and visible signage for a hospital is important for the community as a whole. The safety of
patients, many of whom could be residents, and their quick arrival in an emergency situation are
absolutely critical. The sign variances will allow the hospital the visibility it needs to direct
patients to their destination as quickly as possible. The proposed signs including, directional,
wall - building entrance, wall-identification, and monument identification signs entrance provide
this service. However as noted, some of the signs appear excessive to meet these needs and are
not directly related to the physical hardships on the property.
Staff and the Planning Commission believe this criteria to be met provided signage is reduced as
described under # 3 and illuminated signs, other than emergency signs, be prohibited on the east
side.
In that staff and the Planning Commission consider all of the above criteria to be met, subject to
conditions, Staff and the Planning Commission recommend approval of the above variances. As
noted, staff and the Planning Commission do not believe all of the criteria have been met for two
wall signs proposed on the east elevation of the Heart and Vascular Center or for illumination on
the east side other than for the emergency room. Staff and the Planning Commission recommend
the 208 square foot wall sign on the east elevation be eliminated and the 157.5 wall sign on the
east elevation be a maximum of 60 square feet. The applicant has indicated they are agreeable to
this recommendation.
The applicant has requested the option to replace their exiting monument signs with four new
single sided monument signs at each entrance. Together the four new monument signs are
smaller than the two existing monuments. Because the amount of signage would be reduced
staff would encourage four new signs, each 120 square feet maximum, replace the existing one.
Therefore, staff and the Planning Commission are recommending the variances approve the
following: exemption of on-site private directional signs, a maximum of 1500 square feet of total
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 13 of 29
sign area, two wall signs 376 square foot each, a maximum of 304.5 square feet for monument
identification signs, and a 1 foot sign setback, and two freestanding signs per street frontage.
Ø Are there any other issues?
Parking Lot Lease: Parking requirements for Phase I are met provided all off-site spaces are
maintained. To accommodate future parking demands, and eliminate the need for off-site
parking, Methodist is proposing another new parking ramp with future Phase II. However in the
interim approximately 15% of their parking supply is on their leased off-site parking lot. The
City Attorney reviewed the lease agreements and is comfortable this parking can be maintained
until a new ramp is built, given the fact that the lease is renewable for 20+ years and the
applicant has the first right of refusal to buy the property if it becomes available. The City
Attorney did recommend that an agreement be recorded prohibiting the applicant from leasing
the parking lot to another party. Staff and the Planning Commission are recommending this as a
condition of approval.
Temporary Valet Parking: The initial Final PUD plans showed 10 temporary valet parking stalls
within the Bufferyard abutting the residential neighborhood near the hospital’s emergency
entrance . The applicant had considered this as on option during construction only. Staff
recommended to the Planning Commission that if installed the stalls be removed prior to
occupancy of the Heart and Vascular Center or ramp and that a landscape plan be submitted. The
neighborhood has also recommended restrictions on the hours of operation. The Planning
Commission recommended that valet parking not be permitted within the bufferyard as
proposed. Subsequently, the applicant has submitted a landscape plan that excludes the valet
parking in this location. All Final PUD plans must be revised to eliminate the parking stalls from
this location. This has been included as a condition in both resolutions.
Sidewalks & Transit: During construction existing sidewalks along Excelsior Blvd and on-site
will be removed. The proposed plans show the restoration of the sidewalk along Excelsior and
creation of new sidewalks leading to the hospital. Staff and the Planning Commission
recommend Methodist also provide sidewalks temporarily as needed during construction to meet
the Public Works Department and Metro Transit’s requirements. Methodist has proposed to
install a temporary sidewalk along the east side of the internal roadway. This will meet Metro
Transit’s requirements. The neighborhood has expressed a concern with a bus route that
currently goes through campus and travels on the roadway adjacent to the residential properties.
Metro Transit schedules their routes and Staff and the Planning Commission believe the route
through Methodist is necessary to maintain the schedule for route transfers. Since Methodist
does not control Metro Transit scheduling, Staff and the Planning Commission believe any
conditions restricting bus routes would be out of the purview of this PUD. However, the
neighborhood’s comments and concerns can certainly be discussed further with Metro Transit.
Off-site infrastructure improvements: As a part of the EAW/Traffic Study process for the future
expansion to Methodist Hospital, certain near term off-site infrastructure improvements were
identified in the area of Highway 7 and Louisiana, Lake Street and Louisiana, and other nearby
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 14 of 29
intersections. The need for these near term infrastructure improvements (turn lanes, signal lights,
etc.) are precipitated in part by the Methodist Hospital expansion project.
As a part of the preliminary PUD approval for the Heart and Vascular project at Methodist, a
condition was included which indicated that Methodist Hospital and the City should agree on a
cost share formula for these infrastructure improvements. City staff and Methodist have been
working with SRF Consulting to identify the various recommended improvements and a
proposed cost share. Attached is a cost share proposal (SRF memo dated 7/30/03 & revised
10/2/03) that has been agreed to by Methodist. As you can see, Methodist would be expected to
pay for a significant amount of various infrastructure improvements. However, the City would
also have a share that would be paid for in part by commitments made by other developers, e.g.,
Louisiana Oaks Apartments, or direct contributions by the City. It is expected that any direct
contribution by the City would be paid for through the use of Tax Increment reserves that we
have on hand or the HRA levy, the use of which has been designated for infrastructure
improvements in redeveloping areas.
Methodist has further requested that it be allowed to have its share of the cost of the
improvements specially assessed against their property. Staff feels this is an acceptable
approach.
Storm sewer capacity: Brooklawns Neighborhood residents recently expressed concern that
during intense rainstorms the streets in the neighborhood flood. The Public Works Department
is not aware of any flooding problems in this area, however did state that public streets are
designed to hold some storm water during heavy storm events. The applicant’s civil engineer
reviewed the proposed stormwater management and determined that once the project is
completed there will be “extra” capacity in the City’s storm sewer as the amount of runoff
entering the system from on-site will be decreased through a decrease in impervious surface,
installation of rain gardens and oversized storage pipes. There are no plans to replace storm
sewers in the neighborhood. However, the Utilities Department did evaluate the condition of the
existing storm sewer, that portion which is proposed to be covered by the new parking ramp on
Methodist’s site, to see if it should be replaced with one having larger capacity for future
improvements. They determined the exiting storm sewer is in good condition, therefore, should
not be replaced at this time. Public Works will continue to examine any flooding potential in this
area.
Mechanical Equipment Noise: Neighbors raised a concern with the noise created by mechanical
equipment and louvers on the Heart and Vascular Center. The applicant has stated that the bulk
of noise equipment will be located within their plant located on the west end of campus. Louvers
within the penthouse will be positioned on the north and south ends to minimize noise to the east.
The City Code’s noise regulations will have to be adhered to.
HVC unfinished floors: The interiors of the 5th & 6th floors are not proposed to be completed at
this time. Residents indicated they would like to be informed when Methodist is planning on
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 15 of 29
completing these floors. A medical use would be approved through this PUD approval.
Therefore, only building permits would be required for the completion of interior construction
provide the use is consistent with PUD approvals.
Ramp Parapet Height: The Preliminary PUD approved a ramp 23.42 feet in height, including a
42 inch safety/screen rail. To address residents concerns regarding vehicle screening a 2.5 foot
parapet wall was approved so that a 6 foot tall screen wall would be provided. The applicant has
stated that at the north corner of the parking ramp they can only get a total of a 5’4” high wall
with the approved 2.5 foot parapet wall above the maximum height allowed. Per ordinance
height exemptions, a 3 foot parapet wall would be exempt from the ramp height requirements.
Therefore, Staff and the Planning Commission recommend amending the condition to permit a 3-
foot high parapet wall instead of a 2.5-foot wall. Anything higher than this would require a
variance (PUD height modifications only pertain to building heights, not ramp heights). Staff
and the Planning Commission also recommend requiring the safety and parapet wall to have a
total height of up to 6 feet above the top ramp level per the neighborhood’s request for such
screening. These conditions have been included in both resolutions.
Recommendation:
The Planning Commission recommends approval of the Final PUD and sign variances as
described in the report, subject to the conditions in the resolution. This requires the City Council
to insert a date into Condition O for bringing nonconformities into compliance.
Staff recommends approval of an alternate resolution based upon consensus reached during a
November 7th meeting with staff, neighborhood representatives, the Ward Council member and
Park Nicollet/Methodist.
Attachments:
Ø Location Map
Ø Proposed Resolutions
Ø Berm or Berm Wall drawings from Zoning Ordinance
Ø Application & Proposed Plans
Ø Issues and Resolutions Checklist
Prepared By: Julie Grove, Associate Planner
Approved By: Charles W. Meyer, City Manager
Alternate Resolution
Location Map
XCELSIOR BLVD
OWBROOK BLVD
LOUISIANA CIR
LOUISIANA AVE S39TH BRUNSWI
ALABAMA
39TH ST W
DAKOTA AVE SCOLORADO AVE SBROOKVIEW LA
MEADOWBROOK
MANOR
PARK
Methodist Hospital
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 17 of 29
RESOLUTION NO._____________
A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD)
UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING
WITH VARIANCES FROM SIGN REQUIREMENTS
FOR PROPERTY ZONED R-C MULTI-FAMILY RESIDENTIAL LOCATED AT
6500 EXCELSIOR BOULEVARD
METHODIST HOSPITAL
WHEREAS, the City Council approved the Preliminary PUD on September 2, 2003,
Resolution No. 03-110; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD)
with variances from sign requirements was received on September 16, 2003 from the applicant,
and
WHEREAS, the Planning Commission reviewed the Final PUD with variances from sign
requirements at the meeting of October 15, 2003, and
WHEREAS, the Planning Commission recommended approval of the Final PUD with
variances from sign requirements and conditions on a 4-0-2 vote, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Park Nicollet Health Services has made application to the City Council for a Planned Unit
Development under Section 36-367 of the St. Louis Park Ordinance Code with variances from
sign requirements within the R-C Multi-Family Residential district located at 6500 Excelsior
Boulevard for the legal description as follows, to-wit:
Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20,
Township 117, Range 21, described as follows:
Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter,
thence North to a point 90 feet South of the South line of Calhoun Street, thence West
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 18 of 29
parallel with the South line of Calhoun Street and the same extended, to a point 111 feet
West of the East line of Section 20, the actual point of beginning of the land to be
described; thence continuing West on said parallel line to the West line of Mount St.,
extended; thence North along said line and the West line of Mound St. 202.5 feet; thence
West parallel with the extension of the South line of Calhoun St., 644.9 feet to the
Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.;
thence Southwesterly along said right of way line to the West line of the Northeast
Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of
the Northeast Quarter of the Northeast Quarter; thence East along the South line of said
Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a
line running parallel with the East line of said Section from the actual point of beginning;
thence North along said parallel line to the actual point of beginning.
Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the
Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20,
Township 117, Range 21 excepting therefrom that part which lies East of a line described
as follows:
Commencing at a point on the East line of said Section 90 feet South of the South line of
Calhoun Street; thence West parallel with the South line of Calhoun Street and the same
extended to a point 111 feet West of the East line of said Section the actual point of
beginning of the line to be described; thence South parallel with the East line of Section
20 to the center line of Excelsior Boulevard and except that part lying Southerly and
Westerly of a line drawn from a point in the West line of the Southeast Quarter of the
Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the
South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the
Southeast corner thereof; thence along said line projected Southeasterly to the
intersection with a line drawn 411 feet West of, measured at a right angle to and parallel
with the East line of the North 1/2 of the Southeast Quarter; thence South along last said
parallel line to the center line of Excelsior Boulevard and there terminating.
Subject to a power line easement over a strip of land 35 feet in width as set forth in the
record, Book 1045 of Deeds, page 41, the center line of which strip was described as
follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said
Section 20, thence North parallel to East section line and equidistant therefrom to the
South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly
to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East
section line; thence North and parallel to said section line to a point 128 1/2 feet West of
said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the
Village of St. Louis Park all as shown by plat on file herein of which a certified copy
shall be filed with the Registrar of Titles.
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 03-44-PUD and 03-61-VAR ) and the effect of the proposed PUD and
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 19 of 29
variances from sign requirements on the health, safety and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in
the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance.
3. The City Council has determined that the PUD and variances from sign requirements will not
be detrimental to the health, safety, or general welfare of the community nor with certain
contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it
seriously depreciate surrounding property values. The Council has also determined that the
proposed PUD and variances from sign requirements are in harmony with the general purpose
and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested
modifications comply with the requirements of Section 36-367(b)(5).
4. The contents of Planning Case Files 03-44-PUD and 03-61-VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
The Final Planned Unit Development with variances from sign requirements at the location
described is approved based on the findings set forth above and subject to the following
conditions:
A. Variance from sign ordinance requirements to allow additional sign area, permit
the exemption of on-site private directional signs in excess of 4 square feet, a 1
foot sign setback, and two signs per street frontage is approved based on the
following findings:
i. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property and no not apply generally
to other land or structure in the district in which such land is located.
ii. The granting of the variance is necessary for the preservation and enjoyment
of a substantial property right.
iii. The granting of the variance will not be detrimental to the public health, safety
and welfare or injurious to other property in the territory in which property is
situated, or be contrary to the intent of the Comprehensive Plan.
iv. The granting of the variance is necessary to correct inequities resulting from an
extreme physical hardship such as topography.
v. The granting of the variance will not impair an adequate supply of light and air
to the adjacent property, unreasonable increase the congestion in the public
streets, increase danger of fire, or endanger the public safety.
B. The sign variances are granted based upon the findings setforth above and subject
to the following conditions:
i. Illuminated signage, excluding emergency signs, shall be prohibited on the on the
east elevation of the ramp and of the hospital.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 20 of 29
ii. The variance excludes a 208 square foot wall sign on the east elevation and reduces a
157.5 wall sign on the east elevation to a maximum of 60 square feet.
iii. The variances approve a maximum of 1500 square feet of total sign area, two wall
signs 376 square foot each, and a maximum of 304.5 square feet for monument
identification signs.
C. The site shall be developed, used and maintained in accordance with the following
Official Exhibits, which shall be amended prior to signing to meet the conditions of Final
PUD approval:
Exhibit A – General Development Plan
Exhibit B – Existing Site Conditions (C1.1 & C1.2)
Exhibit C – Demolition Plan (C1.3)
Exhibit D – Phase I Site Plan (C2.1)
Exhibit E – Site Plan (C2.2 & C2.3)
Exhibit F – Grading & Erosion Control Plan (C3.1 & C3.2)
Exhibit G – Utility Plan (C4.1)
Exhibit H – Site Lighting Plan (E2.1)
Exhibit I – Tree Removal Plan (L1.1)
Exhibit J – Landscape Plan (L2.1 & L2.2)
Exhibit K – Exterior Elevations (A301, A302, A301P, A302 & Colored Renderings)
Exhibit L – Sign Plan
Exhibit M – Cross Sections (XXX)
D. Final PUD approval and development is contingent upon developer meeting all
conditions of final approval including all Minnehaha Creek Watershed District and
Hennepin County requirements.
E. Prior to any site work, the developer shall meet the following requirements:
i. A copy of the Watershed District permit shall be forwarded to the City.
ii. Any other necessary permits from other agencies shall be obtained (i.e. Hennepin
County).
iii. Sign assent form and Final PUD official exhibits, as revised to eliminate valet
parking stalls and meet all condition of Final PUD approval.
iv. Obtain the required demolition permit, erosion control permits, utility permits and
other permits required by the City, which may impose additional conditions.
v. A development agreement shall be executed between the developer and the City,
which covers at a minimum, sidewalk construction and maintenance, repair and
cleaning of public streets, construction conditions, off site infrastructure
improvements and cost share formulas, off-site parking, and criteria for
administrative amendments to the PUD. The Mayor and City Manager are
authorized to execute this agreement.
vi. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of sidewalk installation and repair/cleaning of public
streets, and tree replacement.
vii. Reimbursement of City attorney’s fees in drafting/reviewing such documents.
viii. Tree protection fencing must be installed and maintained throughout construction.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 21 of 29
ix. A parking agreement must be recorded prohibiting the applicant assigning their
parking lease to another entity.
F. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
i. Meet any Fire Department emergency access requirements for during
construction.
ii. Building materials samples/colors shall be submitted to and approved by City.
iii. An irrigation plan meeting the ordinance regulations shall be submitted to and
approved by the Zoning Administrator.
iv. Revised ramp elevations showing a 5-foot architectural (brick) wall on the east
side or an equivalent alternative, and additional brick on the west side in keeping
with other elevations and elimination of cable per Chief Building Official shall be
submitted and approved by the Zoning Administrator.
G. A PUD ordinance modification to allow the existing hospital building to be 8 stories
rather than the required 6 as shown on the signed official exhibits is contingent upon final
PUD approval.
H. A PUD ordinance modification to allow the 6 story/74 foot (elevation 974 feet) tall Heart
& Vascular Center to include 18 foot tall penthouse for mechanical equipment (total
building and penthouse height of 92 feet, elevation of 992 feet 1 ½ inches) is contingent
upon final PUD approval and approval of exterior materials.
I. Methodist’s campus design should generally adhere to the principles set forth in the
November 10, 2003 design plan document.
J. The developer shall comply with the following conditions during construction:
i. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
ii. Loud equipment shall be kept as far as possible from residences at all times.
iii. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
v. The developer or owner shall provide temporary sidewalks as needed during
construction to meet Public Works Department and Metro Transit’s requirements
and the Excelsior Blvd access and north-south roadway shall remain open as
needed to provide adequate transit service.
vi. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
K. The usable floor area of the Heart & Vascular Center is limited to no more than 6 stories
(192,950sq. ft) as shown on the official exhibits. The 13,500 sq. ft. penthouse may only
be used to store mechanical equipment.
L. The parking ramp may have no more than 500 parking spaces and four levels, two above
ground level with a maximum elevation of 925 feet 4 inches (or 23.42 feet) including a
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 22 of 29
42 inch safety rail. A 3 foot high parapet screen wall is permitted on top of safety rail
and is required along the north, south and east elevation of the ramp.
M. The applicant shall require delivery vehicles to use Louisiana Avenue entrance as the
“official” delivery truck/service entrance.
N. Hennepin County shall approve the final design of the Excelsior Blvd entrance and all
necessary permits must be obtained. Emergency Vehicle Preemption (EVP) devices shall
be installed on the signal upgrades if feasible.
O. All remaining nonconformities including but not limited to parking lot, landscaping,
bufferyard and lighting along the north portion of the site must be brought into
compliance within ____ years.
P. Prior to the installation of any signs, including temporary signs or new sign faces, the
applicant shall obtain sign permits. Illuminated signage, excluding emergency signs,
shall be prohibited on the ramp and above the second level of the east elevation of the
hospital.
Q. The developer or owner shall pay an administrative fee of $750 per violation of any
condition of this approval.
R. Phase II is approved in general concept only and is required to obtain future Preliminary
and Final PUD approval.
S. The development agreement shall include provisions relating to the cost share formula
between the applicant and City regarding various off-site infrastructure improvements.
The cost share allocation shall be pursuant to a memo from SRF Consulting dated
7/20/03 and revised on 10/02/03 on file at City Hall. The development agreement shall
contain a provision allowing for the applicant’s share of the off-site improvements to be
specially assessed
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the Final P.U.D. The development
agreement shall address those issues which the City Council deems appropriate and necessary.
The Mayor and City Manager are authorized to execute this agreement.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council November 17, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 23 of 29
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 24 of 29
Alternate Resolution
RESOLUTION NO. 03-174
A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD)
UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING
WITH VARIANCES FROM SIGN REQUIREMENTS
FOR PROPERTY ZONED R-C MULTI-FAMILY RESIDENTIAL LOCATED AT
6500 EXCELSIOR BOULEVARD
METHODIST HOSPITAL
WHEREAS, the City Council approved the Preliminary PUD on September 2, 2003,
Resolution No. 03-110; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD)
with variances from sign requirements was received on September 16, 2003 from the applicant,
and
WHEREAS, the Planning Commission reviewed the Final PUD with variances from
sign requirements at the meeting of October 15, 2003, and
WHEREAS, the Planning Commission recommended approval of the Final PUD with
variances from sign requirements and conditions on a 4-0-2 vote, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Park Nicollet Health Services has made application to the City Council for a Planned Unit
Development under Section 36-367 of the St. Louis Park Ordinance Code with variances from
sign requirements within the R-C Multi-Family Residential district located at 6500 Excelsior
Boulevard for the legal description as follows, to-wit:
Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20,
Township 117, Range 21, described as follows:
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 25 of 29
Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter,
thence North to a point 90 feet South of the South line of Calhoun Street, thence West
parallel with the South line of Calhoun Street and the same extended, to a point 111 feet
West of the East line of Section 20, the actual point of beginning of the land to be
described; thence continuing West on said parallel line to the West line of Mount St.,
extended; thence North along said line and the West line of Mound St. 202.5 feet; thence
West parallel with the extension of the South line of Calhoun St., 644.9 feet to the
Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.;
thence Southwesterly along said right of way line to the West line of the Northeast
Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of
the Northeast Quarter of the Northeast Quarter; thence East along the South line of said
Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a
line running parallel with the East line of said Section from the actual point of beginning;
thence North along said parallel line to the actual point of beginning.
Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the
Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20,
Township 117, Range 21 excepting therefrom that part which lies East of a line described
as follows:
Commencing at a point on the East line of said Section 90 feet South of the South line of
Calhoun Street; thence West parallel with the South line of Calhoun Street and the same
extended to a point 111 feet West of the East line of said Section the actual point of
beginning of the line to be described; thence South parallel with the East line of Section
20 to the center line of Excelsior Boulevard and except that part lying Southerly and
Westerly of a line drawn from a point in the West line of the Southeast Quarter of the
Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the
South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the
Southeast corner thereof; thence along said line projected Southeasterly to the
intersection with a line drawn 411 feet West of, measured at a right angle to and parallel
with the East line of the North 1/2 of the Southeast Quarter; thence South along last said
parallel line to the center line of Excelsior Boulevard and there terminating.
Subject to a power line easement over a strip of land 35 feet in width as set forth in the
record, Book 1045 of Deeds, page 41, the center line of which strip was described as
follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said
Section 20, thence North parallel to East section line and equidistant therefrom to the
South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly
to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East
section line; thence North and parallel to said section line to a point 128 1/2 feet West of
said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the
Village of St. Louis Park all as shown by plat on file herein of which a certified copy
shall be filed with the Registrar of Titles.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 26 of 29
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 03-44-PUD and 03-61-VAR ) and the effect of the proposed PUD and
variances from sign requirements on the health, safety and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in
the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance.
3. The City Council has determined that the PUD and variances from sign requirements will not
be detrimental to the health, safety, or general welfare of the community nor with certain
contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it
seriously depreciate surrounding property values. The Council has also determined that the
proposed PUD and variances from sign requirements are in harmony with the general purpose
and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested
modifications comply with the requirements of Section 36-367(b)(5).
4. The contents of Planning Case Files 03-44-PUD and 03-61-VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
The Final Planned Unit Development with variances from sign requirements at the location
described is approved based on the findings set forth above and subject to the following
conditions:
A. Variance from sign ordinance requirements to allow additional sign area, permit
the exemption of on-site private directional signs in excess of 4 square feet, a 1
foot sign setback, and two signs per street frontage is approved based on the
following findings:
i. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property and no not apply generally
to other land or structure in the district in which such land is located.
ii. The granting of the variance is necessary for the preservation and enjoyment
of a substantial property right.
iii. The granting of the variance will not be detrimental to the public health, safety
and welfare or injurious to other property in the territory in which property is
situated, or be contrary to the intent of the Comprehensive Plan.
iv. The granting of the variance is necessary to correct inequities resulting from an
extreme physical hardship such as topography.
v. The granting of the variance will not impair an adequate supply of light and air
to the adjacent property, unreasonable increase the congestion in the public
streets, increase danger of fire, or endanger the public safety.
B. The sign variances are granted based upon the findings setforth above and subject
to the following conditions:
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 27 of 29
i. Illuminated signage, excluding emergency signs, shall be prohibited on the on the
east elevation of the ramp and of the hospital.
ii. The variance excludes a 208 square foot wall sign on the east elevation and reduces a
157.5 wall sign on the east elevation to a maximum of 60 square feet.
iii. The variances approve a maximum of 1500 square feet of total sign area, two wall
signs 376 square foot each, and a maximum of 304.5 square feet for monument
identification signs.
C. The site shall be developed, used and maintained in accordance with the following
Official Exhibits, which shall be amended prior to signing to meet the conditions of Final
PUD approval:
Exhibit A – General Development Plan
Exhibit B – Existing Site Conditions (C1.1 & C1.2)
Exhibit C – Demolition Plan (C1.3)
Exhibit D – Phase I Site Plan (C2.1)
Exhibit E – Site Plan (C2.2 & C2.3)
Exhibit F – Grading & Erosion Control Plan (C3.1 & C3.2)
Exhibit G – Utility Plan (C4.1)
Exhibit H – Site Lighting Plan (E2.1)
Exhibit I – Tree Removal Plan (L1.1)
Exhibit J – Landscape Plan (L2.1 & L2.2)
Exhibit K – Exterior Elevations (A301, A302, A301P, A302 & Colored Renderings)
Exhibit L – Sign Plan
Exhibit M – Cross Sections (XXX)
D. Final PUD approval and development is contingent upon developer meeting all
conditions of final approval including all Minnehaha Creek Watershed District and
Hennepin County requirements.
E. Prior to any site work, the developer shall meet the following requirements:
i. A copy of the Watershed District permit shall be forwarded to the City.
ii. Any other necessary permits from other agencies shall be obtained (i.e. Hennepin
County).
iii. Sign assent form and Final PUD official exhibits, as revised to eliminate valet
parking stalls and meet all condition of Final PUD approval.
iv. Obtain the required demolition permit, erosion control permits, utility permits and
other permits required by the City, which may impose additional conditions.
v. A development agreement shall be executed between the developer and the City,
which covers at a minimum, sidewalk construction and maintenance, repair and
cleaning of public streets, construction conditions, off site infrastructure
improvements and cost share formulas, off-site parking, and criteria for
administrative amendments to the PUD. The Mayor and City Manager are
authorized to execute this agreement.
vi. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of sidewalk installation and repair/cleaning of public
streets, and tree replacement.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 28 of 29
vii. Reimbursement of City attorney’s fees in drafting/reviewing such documents.
viii. Tree protection fencing must be installed and maintained throughout construction.
ix. A parking agreement must be recorded prohibiting the applicant assigning their
parking lease to another entity.
F. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
i. Meet any Fire Department emergency access requirements for during
construction.
ii. Building materials samples/colors shall be submitted to and approved by City.
iii. An irrigation plan meeting the ordinance regulations shall be submitted to and
approved by the Zoning Administrator.
iv. Revised ramp elevations showing a 5-foot architectural (brick) wall on the east
side or an equivalent alternative, and additional brick on the west side in keeping
with other elevations and elimination of cable per Chief Building Official shall be
submitted and approved by the Zoning Administrator.
G. A PUD ordinance modification to allow the existing hospital building to be 8 stories
rather than the required 6 as shown on the signed official exhibits is contingent upon final
PUD approval.
H. A PUD ordinance modification to allow the 6 story/74 foot (elevation 974 feet) tall Heart
& Vascular Center to include 18 foot tall penthouse for mechanical equipment (total
building and penthouse height of 92 feet, elevation of 992 feet 1 ½ inches) is contingent
upon final PUD approval and approval of exterior materials.
I. Methodist’s campus design should generally adhere to the principles set forth in the
November 10, 2003 design plan document.
J. The developer shall comply with the following conditions during construction:
i. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
ii. Loud equipment shall be kept as far as possible from residences at all times.
iii. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
v. The developer or owner shall provide temporary sidewalks as needed during
construction to meet Public Works Department and Metro Transit’s requirements
and the Excelsior Blvd access and north-south roadway shall remain open as
needed to provide adequate transit service.
vi. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
K. The usable floor area of the Heart & Vascular Center is limited to no more than 6 stories
(192,950sq. ft) as shown on the official exhibits. The 13,500 sq. ft. penthouse may only
be used to store mechanical equipment.
St. Louis Park City Council Agenda
Item: 111703 - 8c - Methodist Final PUD
Page 29 of 29
L. The parking ramp may have no more than 500 parking spaces and four levels, two above
ground level with a maximum elevation of 925 feet 4 inches (or 23.42 feet) including a
42 inch safety rail. A 3 foot high parapet screen wall is permitted on top of safety rail
and is required along the north, south and east elevation of the ramp.
M. The applicant shall require delivery vehicles to use Louisiana Avenue entrance as the
“official” delivery truck/service entrance.
N. Hennepin County shall approve the final design of the Excelsior Blvd entrance and all
necessary permits must be obtained. Emergency Vehicle Preemption (EVP) devices shall
be installed on the signal upgrades if feasible.
O. Within 4 years from Final PUD approval the lights in the north parking lot will be
updated to eliminate direct illumination and glare onto residential properties per City
Ordinance.
P All nonconformities, including parking lot design and bufferyards, will be brought into
compliance with any future expansion of occupiable floor area or any future
reconstruction of the Orange parking lot or a new Orange ramp to the extent reasonable
and possible as determined by the City via the PUD amendment process. .
Q. Prior to the installation of any signs, including temporary signs or new sign faces, the
applicant shall obtain sign permits. Illuminated signage, excluding emergency signs,
shall be prohibited on the ramp and above the second level of the east elevation of the
hospital.
R. The developer or owner shall pay an administrative fee of $750 per violation of any
condition of this approval.
S. Phase II is approved in general concept onl y and is required to obtain future Preliminary
and Final PUD approval.
T. The development agreement shall include provisions relating to the cost share formula
between the applicant and City regarding various off-site infrastructure improvements.
The cost share allocation shall be pursuant to a memo from SRF Consulting dated
7/20/03 and revised on 10/02/03 on file at City Hall. The development agreement shall
contain a provision allowing for the applicant’s share of the off-site improvements to be
specially assessed
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the Final P.U.D. The development
agreement shall address those issues which the City Council deems appropriate and necessary.
The Mayor and City Manager are authorized to execute this agreement.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
(Signature Block)