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HomeMy WebLinkAbout2002/10/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 7, 2002 – 7:30 p.m. 7:00 p.m. - Board and Commission Interviews 7:15 p.m. –Councilmember Discussion re: Appointments 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Kid’s Place Certificate of Appreciation to Council b. Gerri Jenkins Recognition – Police Block Captain c. St. Louis Park Little League Recognitions 3. Approval of Minutes a. City Council Minutes of September 17, 2002 Document b. City Council Study Session Minutes of September 9, 2002 Document c. City Council Study Session Minutes of September 17, 2002 Document d. City Council Study Session Minutes of September 23, 2002 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 a. Appointments to Human Rights Commission b. Reappointment of Bill MacMillan to Fire Civil Service Commission (term to expire October 1, 2005) 6. Public Hearings 6a. Public Hearing on Cedar Trails Condominium Association Housing Improvement Area Document The Cedar Trails Condominium Association has petitioned the City Council to hold a public hearing to consider an ordinance to establish the Cedar Trails Housing Improvement Area and a resolution approving a housing improvement fee for the Cedar Trials Housing Improvement Area. Recommended Action: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Cedar Trails Housing Improvement Area and to set Second Reading for November 4, 2002. 6b. Year 2002 Local Law Enforcement Block Grant Document Public hearing to inform the public and allow for citizen input regarding the Police Department budget and the relation of that budget to Local Law Enforcement Block Grant fund disbursement. As a recipient of a Local Law Enforcement Block Grant Program award, the St. Louis Park Police Department is requesting disbursement of $14,747.00 in grant funds from the U.S. Department of Justice to be used for career development training for department personnel Recommended Action: Mayor to close public hearing. Motion to approve grant fund award. 6c. Public Hearing to Consider Resolution Setting City Fees Document Each year a public hearing will be held to consider fees called for by ordinance. Fees are listed in resolution format and are codified into Appendix A of the City Code Recommended Action: Mayor to close public hearing. Motion to adopt the resolution setting fees. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Request by Village Green Companies for a minor amendment to an existing Special Permit to allow changes to the approved building elevations and landscape plan at 301 Shelard Parkway. Document Case No. 02-55-CUP Recommended Action: Motion to adopt a resolution approving the minor amendment to the continued Special Permit subject to the conditions in the resolution 8b. Contract extension with Waste Management of Minnesota, Inc. for residential solid waste collection – Contract No. 4211. Document Residential Solid Waste collection contract extension. Recommended Action: Motion to adopt contract extension with Waste Management of Minnesota, Inc. for residential solid waste collection – Contract No. 4211. 8c.. 2003 –2007 Capital Improvement Program Document Council to review and consider approval of the 2003 – 2007 Capital Improvement Program. Recommended Action: Motion to adopt resolution approving 2003-2007 Capital Improvement Program (CIP) and amending the Comprehensive Plan to incorporate the CIP. 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 October 7, 2002 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 Amend Professional Services Agreement with Campbell Knutson to increase rates paid from $120.00 to $130.00 per hour for attorney services and from $65.00 to $70.00 for paralegal services. Document 4b Motion to accept Housing Authority Minutes of July 10, 2002 for filing Document 4c Motion to designate White Oak Metals, Inc. as the lowest responsible bidder and to authorize execution of a contract for the purchase of materials for the boardwalk construction at Westwood Hills Nature Center at a cost not to exceed $78,900. Document 4d Motion to adopt the attached resolution relating to local government information systems; authorizing the execution and delivery of second amendment to the joint and cooperative agreement. Document 4e Motion to approve resolution allocating 2001 Fund Balance Document 4f Motion to approve Human Rights Commission Minutes of September 2, 2002 Document 4g Motion to adopt the attached resolution authorizing installation of permit parking in front of 4013 Raleigh Ave. South. Document 4h Motion to adopt resolutions for final payment for: Ron Kassa Construction, Inc. $ 3,121.58 Contract No. 84-02 Concrete Alley & Random Curb Repair F. F. Jedlicki, Inc. $45,510.10 Contract No. 85-02 Storm sewer replacement at Wolfe Park 4i Motion to approve the issuance, sale, and delivery of multifamily housing revenue notes, subordinate series 2002 for West Suburban Partners. Document 4j Motion to accept the Check Summary Report for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING October 7, 2002 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: 100702 - 3a - Council Minutes September 17, 2002 Page 1 of 2 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 17, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Ron Latz, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. The following Councilmembers were absent: Jim Brimeyer and Chris Nelson. Also present were the City Manager (Mr. Meyer); Manager of Grounds and Natural Resources (Mr. Vaughan); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Proclamation for AAA Minneapolis—100-year anniversary Mayor Jacobs presented a proclamation to AAA Minneapolis in recognition of their 100th anniversary. Mayor Jacobs proclaimed September 30, 2002 to be AAA Minneapolis Day. 2b. Evergreen Award Recipients Manager of Grounds and Natural Resources Jim Vaughan announced the Evergreen Award recipients and they are: Joel, Patty, and Greg Johnson; Fran and Mary Schmit; Ellen and Thomas Swanson; and Betsy Tarnowski. Mayor Jacobs presented trees to the recipients. 3. Approval of Minutes 3a. City Council Minutes of September 3, 2002 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar 4a Motion to approve the contract with Three Rivers Park District, formerly Hennepin Parks, to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park. 4b Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $47,104.00 for Alley Improvement Project-2900 block between Florida & Edgewood Avenues, Project No. 02-13 St. Louis Park City Council Agenda Item: 100702 - 3a - Council Minutes September 17, 2002 Page 2 of 2 4c Motion to adopt Resolution No. 02-098 authorizing the installation of a stop sign on southbound Monterey Avenue at W. 40th Street 4d Motion to designate Thomas & Sons Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $485,842.75 for the 2002 Sidewalk Improvement Project-Phase A – City Project No. 02-01A and for conduit/handhole construction for future LOGIS fiber optic connection 4e Motion to adopt Resolution No. 02-099 authorizing final contract payment for Midwest Asphalt Corporation, Contract No. 44-01, W. 16th Street/Zarthan Avenue in the amount of $29,232.86 4f Motion to adopt Resolution No. 02-100 authorizing final contract payment for Tjader & Highstrom, Contract No. 37-02 in the amount of $152,754.22 4g Motion to accept for filling: Human Rights Commission Meeting Minutes – July 17, 2002 4h Authorize Reimbursement for City Manager Exchange Program Expenses 4i Motion to approve Resolution 02-101 authorizing amendment of the Southwest Mutual Aid Agreement 4j Motion to accept August Financial Reports 4k Motion to accept Vendor Claim Reports (Supplement) It was moved by Councilmember Latz, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 5-0. 5. Boards and Commissions--None 6. Public Hearings--None 7. Requests, Petitions, and Communications from the Public--None 8. Resolutions, Ordinances, Motions--None 9. Communications From Councilmember Latz: Councilmember Latz said he appreciates the convenience AAA Minneapolis provides to St. Louis Park, and he thinks it is the best value in town in terms of roadside assistance. 10. Adjournment Mayor Jacobs adjourned the meeting at 7:41 p.m. ______________________________ _____________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 100702 - 3b - Study Session Minutes of September 9, 2002 Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION September 9, 2002 The meeting convened at 5:30 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Susan Sanger, Chris Nelson, Sally Velick, Susan Santa and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Planning Supervisor (Ms. Jeremiah); Director of Comm Dev (Mr. Harmening); Housing Supervisor (Ms. Schnitker); Economic Development Coordinator (Mr. Hunt); Housing Coordinator (Ms. Larsen) Planning Coordinator (Ms. Erickson); and City Clerk (Ms. Reichert). 1. Tour of Park Commons Development Area Council and staff met on-site to tour the development area. Following the tour the group returned to City Hall and reconvened the meeting at 6:50. 2. Elmwood Land Use/Transportation Study Update Ms. Jeremiah presented a brief recap of the process to date and explained that the issue was before council to update them on the study’s progress and to obtain feedback from the council. Barry Warner presented display boards depicting several scenarios for possible future development as prepared by staff and also as suggested by the resident group. He felt strong consensus had been reached by all interested parties in recommending that the are area should be a mixed use area. Mr. Warner explained that it was important for council to understand practical evaluations of each option and went through an analysis of each option in terms of access to major transit routes, proximity to residential areas and how each option impacted existing businesses. Mr. Harmening stated that it would be extremely difficult for the area to redevelop on its own without guidance of some form. The cost of land, existing buildings and infrastructure needed for new development made the costs for some kinds of development, such as single family residential, prohibitive. He felt that even more intense development would require some kind of public assistance. Councilmembers Sanger and Nelson both expressed their opinions that adequate infrastructure, such as parking ramps or lots were needed in close proximity to any transit stations that may be located in the area in the future. Study Session Minutes -2- June 24, 2002 Councilmember Brimeyer suggested that the result of this study may best be formatted as a type of “overlay comprehensive plan” for the area. He felt it should be put in place and reevaluated at regular intervals. Mr. Warner informed the Council that the process was still moving forward and that he and city staff would be reporting to council again at a future date. 3. Highway 7 and Louisiana South Development Options Mr. Hunt reiterated the problems with site redevelopment and presented five options to consider relative to site development. Those options were: 1. Condemn and remove the billboard 2. Relocate the billboard 3. Purchase excess billboard property 4. Sell the property outright 5. Do nothing and continue to hold the property. Following discussion on each option, Council directed staff to follow multiple tracks and continue forward on options 1, 2, 3 and 4. 3. Excelsior and Grand – Phase II Bob Cunningham, TOLD Development company, was in attendance to present and receive feedback on the preliminary proposal for Phase II of the Excelsior and Grand project and to request amendments to the Development Agreement regarding the overall phasing and timing of the project. Mr. Harmening explained that the City was being asked to amend the development agreement in order to build in flexibility which would allow for further market study in increasing the level of owner-occupied housing in the project. Following council discussion on phasing and timing of the project, Mr. Meyer stated that the details of the extension need not be resolved by the council and he was confident that further negotiations between staff and TOLD Development would bring about an agreement acceptable to all parties. 4. Housing Discussion Ms. Schnitker presented a draft proposal for a process that would involve members of the city council, school board, planning commission housing authority and members of the business community. The process would include a series of discussions on topics of interest and provide a broad educational base to policy makers. Study Session Minutes -3- June 24, 2002 Councilmember Sanger asked what the proposed outcome of the process would be. Ms. Schnitker responded that the discussions would produce strong direction for staff to follow in developing a series of policies and procedures that better match the housing goals of the council. Mr. Harmening suggested that as the process continues, the group could look at policies and programs to ensure they are compatible with the goals of the council and realistic in light of identified trends in demographics and the marketplace. Mr. Meyer felt the current policies don’t go far enough in providing sufficient guidelines to staff in developing housing programs in the city. Councilmember Brimeyer felt there needed to be a great deal of discussion and educational opportunities for policy makers in the city in order to formulate sound policies that make sense for the community. Councilmember Santa said that she envisioned the process to be much like that undertaken in the community to understand railroad issues. This process could produce similar results. Ms. Schnitker stated that the format presented offered opportunities to look at each facet of housing in depth as related to the US Census figures being released. Both Councilmember Sanger and Mayor Jacobs felt it was important to involve the entire school board in the discussions. Mr. Harmening suggested that the process begin with one large meeting intended to educate those participating in future discussions regarding terminology, definitions and broad issues of interest. From that point more in-depth discussions on selected topics could continue. 5. Adjournment The meeting was adjourned at 9:15 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 100702 - 3c - Study Session Minutes September 17, 2002 Page 1 of 2 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION September 17, 2002 The meeting convened at 7:45 p.m. Present at the meeting were Councilmembers Susan Sanger, Ron Latz, Sally Velick, Susan Santa and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Director of Public Works (Mr. Rardin); Engineering Superintendent (Mr. Moore); City Engineer (Ms. Hagen); and City Clerk (Ms. Reichert). 1. Human Rights Commission Cassandra Boddy, Kristen Siegesmund and Kristie Redilius-Palmer, Human Rights Commission members, met with Council and staff to preent their long-term work plan for the commission. Mayor Jacobs asked about the proposed “Human Rights Audit” and what that would entail. Ms. Ridelius-Palmer stated that the audit would follow a format used in the City of Moorhead and that details of how the audit would be carried out were still being developed and that a plan would be presented to the council for approval prior to implementation. Councilmembers expressed support for the project. Ms. Siegesmuch asked that council consider allocating a standard operating budget for activities of the commission. Mayor Jacobs said that he would support a budget for the commission but would need to see a clear plan before council could authorize, which is the process used for all facets of the city budget. Mr. Meyer suggested that the commission develop a budget with identified needs for council to consider at a future time. Mr. Ridelius-Palmer asked that council reconsider their policy of limiting appointments to boards and commissions to city residents. She felt that the commission needed input from the business sector and felt many persons who may be interested in participating in commission activities were not residents, but only worked in the community. Councilmember Santa asked if the commission had contacted the SLP Business Council and suggested that a connection could be developed to bring that viewpoint to the HRC decision- making process. She commented that voices at the table do not necessarily have to be members of the commission and that there may be other community connections the commission could make to seek appropriate input. HRC members shared several ideas for increasing awareness of human rights issues in the community. They have developed a theme, “human rights is an everyday thing” and hoped to increase awareness through the use of public art and possibly a “human rightsmobile” that could travel to city events and neighborhood meetings. 2. Stormwater Utility Mr. Rardin distributed a table with corrected figures for council to consider and explained the status of various stormwater projects to be funded. Councilmember Sanger suggested that the city may want to consider the addition of a “sunset clause” to the flood project assistance funds if future projects proved a financial liability. Councilmember Latz felt that the city had made a commitment to the community to assist those projects that met the criteria. He felt the program should remain in existance unchanged. Following discussion, it was the consensus of council to continue the program unchanged. Mr. Meyer stated that the city is also committed to keeping rates the same in the near future. Staff believed that the stormwater utility was adequately funded at current rates and that there was no need to increase the rates. Mr. Meyer also informed the council of legislative actions that may affect the city’s ability to fund certain projects already planned and how that funding would affect the schedule for project completion. 3. Adjournment The meeting was adjourned at 9:35 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 100702 - 3d - Study Session Minutes September 23, 2002 Page 1 of 4 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION September 23, 2002 The meeting convened at 7:05 p.m. Present at the meeting were Councilmembers Susan Sanger, Sally Velick, Susan Santa and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Deputy City Manager (Mr. Pires); Director of Public Works (Mr. Rardin); Utility Superintendent (Mr. Anderson); Recreation Superintendent (Mr. Birno); Finance Director (Ms. McGann); and City Clerk (Ms. Reichert). 1. Metropolitan Council Presentation Frank Hornstein, Met Council Representative from District 6, presented “Blueprint 2030: A Plan for Growth and Change” to the council. Mr. Hornstein explained that the document was intended to provide direction to decision makers as the region continues to grow and develop over the next several decades. The blueprint is in draft form and he invited council to contact him at any time to offer their input. Also present was Ann Beckman, Manager of Regional Growth Strategy for the Met Council. Ann is the Senior staff member in charge of Blueprint 2030. She gave a background of the public process that has been used in creating the blueprint to this point. She stated that the goal is to guide, but not mandate, regional development. She also commended the City of St. Louis Park for their strong leadership and for serving as a model of modern development in the region. Councilmember Santa stated that availability of effective transportation is of great concern to the residents of St. Louis Park. She commented that consistent bus routes and schedules were needed and pointed out problems with some of the routes planned for SLP that had not come to fruition. Councilmember Sanger asked if in addition to direction for inclusion of new housing stock, if the plan included a focus on preserving and improving existing housing stock. Ms. Beckman said that adaptive reuse is indeed an important tool for development of adequate housing in the region and that the focus was clear in the report. Councilmember Sanger also asked if there was any thought given to re-routing freight rail to areas outside the metropolitan area rather than routing freight through populated areas. She believed that increased freight rail traffic would be a detriment to the community. Mayor Jacobs asked what role the Met Council would play in facilitating discussions between communities and constituents. Mr. Hornstein said that the Met Council’s role would be a “convening” role, bring groups together who share common concerns. Councilmember Sanger asked if the Met Council would be developing incentives for growth in availability of affordable housing. Mr. Hornstein said that the issue of affordable housing was somewhat divisive with members of the Met council on both sides of the issue. He personally believed that affordable housing issues have become regional issues with regional expectations. He also believed regional expectations deserved regional funding. Mr. Meyer asked Councilmembers if they wanted to put together a policy statement regarding the report. Councilmember Sanger responded that she would be more comfortable making that decision after she had had time to review the plan. Other Councilmembers agreed. Councilmember Brimeyer asked what, other than increasing building density or subsidizing purchase price of homes, could be done to create “affordable” housing. Mr. Hornstein believed that there were no other options. Ms. Beckman believed that it was important for communities to reinvest and rebuild to maintain housing stock at a more affordable level. He said that more people need to recognize that actions to not keep up with rhetoric and it must be recognized that housing problems are public, not private, sector issues deserving of public sector funding. 2. Sanitary Sewer City Public Works staff met with Council to discuss the implementation of a sanitary sewer system rehabilitation program. Mr. Anderson, Utilities Superintendent, began by presenting a series of storyboards which showed the city’s sewer system, and locations of district interceptors and lift stations. Councilmember Brimeyer believed the rehab program should be undertaken but did not want any stormwater funds to go toward funding the sanitary sewer rehab. Councilmember Nelson agreed that funds should not be intermingled. Councilmember Sanger asked if it would be prudent to raise rates to fund the rehab program and future infrastructure repair and development. Mr. Meyer stated that the current rate structure meets current needs, including the proposed rehab program. He also said that there had been a dramatic fluctuation in MCES charges. Within the Sanitary Sewer fund, there were reserves for cash flow reserve, rate stabilization reserve (MCES) and funds to take care of unexpected capital problems. Councilmember Santa asked abut the condition of the lift stations. Mr. Anderson responded that a regular replacement program to ensure that the lift stations remain functional is already a part of the Public Works operating budget. 3. Capital Improvement Program Ms. McGann presented two options for funding the CIP at various levels. Councilmembers asked several questions relative to the funding mechanisms, tax levy and projects to be included under each option. Following discussion, Mr. Meyer informed the council that they would be giving initial approval to the CIP at the meeting of October 7th, but that the discussion on funding the projects contained in the CIP would continue at a future meeting. 4. SLP Little League Mr. Birno gave an overview to council of the past and present structure of baseball leagues and associations in St. Louis Park. He informed Council that the Parks and Recreation Commission would be meeting in the near future with representatives of a newly formed baseball group that was requesting formal recognition and the associated field privileges that go with that recognition. He distributed a copy of the Park and Recreation Advisory Commission policy on sports associations and stated that following that meeting another report would be made to the council informing them of the decision of the Parks and Recreation Advisory commission. Council commended the staff and members of the SLP Baseball Association for their hard work in combining the Park South and Park National Little Leagues into a single association and expressed their support for a single baseball program recognizing the needs of all players in the community. 5. Detached Garages Ms. Jeremiah opened the discussion with a brief overview of the process that had taken place to date in modifying the city’s ordinance. Councilmember Sanger asked that the conversation be limited to issues that had come up at 1st reading, specifically the issue she would like addressed is that there is no maximum square footage identified in the ordinance. She was not sure that the other controls placed in the ordinance would be adequate for limiting square footage and believed a maximum area should be stated. Janet responded by identifying other controls in place that would limit maximum square footage and also suggested that a CUP could be required for structures that reach a certain level of square footage area. This would allow for greater flexibility in granting or denying approvals based on a case-by-case review. Following discussion Ms. Jeremiah recapped stating that she had heard the council ask that the 800 foot ground floor area be retained, that the principal structure setback should be maintained and that the garage should remain subordinate to the principal structure. She also offered to bring back language that would allow for the CUP approval process to be built into the ordinance. Councilmember Sanger suggested that no windows should be allowed on the second floor of any garages which would meet the ordinance requirements to allow a second story. After discussion council asked that that provision also be added to the ordinance. Mr. Meyer suggested the City Attorney be contacted to made a determination as to whether the changes between 1st and 2nd reading were substantive enough to require a second public hearing. Mr. Jeremiah also stated that she would be preparing a written report with an analysis of the changes to the ordinance from when first presented to second reading. 6. Adjournment The meeting adjourned at 10:36 p.m. 3. Adjournment The meeting was adjourned at 9:35 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 100702 - 4a - Attorney Services Page 1 of 1 4a. Motion to Amend Professional Services Agreement with Campbell Knutson to increase rates paid from $120.00 to $130.00 per hour for attorney services and from $65.00 to $70.00 for paralegal services. ADDENDUM TO AGREEMENT FOR PROFESSIONAL CITY ATTORNEY SERVICES Effective January 1, 2003, City Contract # 4078 between the City of St. Louis Park, Minnesota (“City”) and Campbell Knutson, P.A. (“Contractor”) is amended to provide for the following hourly rates for legal services: Attorney $130.00/hr Law Clerks/Paralegals $70.00/hr Approved by City Council October 7, 2002 CITY OF ST. LOUIS PARK Mayor Attest: City Clerk City Manager CONTRACTOR Campbell Knutson, P.A. By Attachments: Letter from Campbell Knutson (Supplement) Prepared by: Cynthia D. Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 100702 - 4b - Housing Authority Minutes of July 10, 2002 Page 1 of 5 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, July 10, 2002 Westwood Room 5:00 p.m. MEMBERS PRESENT: Catherine Courtney, William Gavzy, Anne Mavity, Judith Moore and Shone Row MEMBERS ABSENT: None STAFF PRESENT: Sharon Anderson, Tamra Bokal, Cindy Reichert and Michele Schnitker OTHERS PRESENT: None 1. Call to Order The meeting was called to order at 5:04 p.m. 2. Approval of Minutes for June 12, 2002 Commissioner Courtney moved approval of the minutes of June 12th, 2002. Commissioner Moore seconded the motion, and the motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. 3. Public Hearing: None 4. Reports and Committees: None 5. Unfinished Business: None 6. New Business: a. Election of Officers Commissioner Mavity asked if Commissioner Courtney would like to Chair for the upcoming year. Commissioner Courtney declined. Commissioner Gavzy offered to continue as Chair. Commissioners Courtney and Row offered to continue in their current positions as Co- Chair and Secretary, respectively. Housing Authority Minutes June 12, 2002 Page 2 Commissioner Mavity moved to approve the current slate of Officers for the upcoming year. Commissioner Row seconded the motion, and the motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. b. Amendment to the Housing Authority By-Laws and Administrative Policies Ms. Schnitker explained that Cindy Reichert, the City Clerk, offered to review and update the By-Laws. She stated that Ms. Reichert is responsible for making sure all committee By-Laws are consistent with each other and with those of the City Council. Ms. Reichert explained that she has updated the City Code and other committee By-Laws, which hasn't be done in over 20 years. She also stated that other key individuals provided input into updating sections of the Housing Authority By-Laws. Ms. Schnitker explained that the numbering system changed to match other policies throughout the City and for ease of making changes. She also stated that the employee and financial practices were being moved from the Administrative Policy to the By-Laws. Ms. Schnitker mentioned that another change would be to adopt The Standard Code of Parliamentary Procedures, which is similar to Robert's Rules. She stated the rules are essentially the same, but the format is easier to use. Commissioner Moore asked if the Board is allowed to reconsider a motion that was passed. Ms. Reichert replied that the motion to reconsider is really a motion to bring it under discussion again. A motion to rescind may follow but may not be advisable due to legal consequences. Ms. Schnitker stated that the By-laws would adopt the holiday schedule of the City Council. The only difference to the Housing Authority would be dropping Ash Wednesday as a holiday. She also mentioned a gender change from Chairman/Chairwoman to Chair. Ms. Schnitker also stated that a change to the Personnel Section of the By- Laws includes changing the language for maintenance staff that required them to work 40 hours in a week in order to receive double-time pay when working on a holiday. The new language would read that they would always receive double-time pay for working on a holiday. Housing Authority Minutes June 12, 2002 Page 3 Ms. Schnitker stated that the Housing Authority has not been using the seal when endorsing contracts. Ms. Reichert explained that the City's attorney is recommending that the seal always be used when signing contracts. Ms. Schnitker explained that only the By-Laws were being updated at this time, and that the remaining policies would be updated and brought back in the future. Commissioner Moore asked to make changes in the Purchasing Policy to make the dollar ranges consistent in the way they read. Commissioner Mavity asked if the reserve accounts are earning interest, and who has the authority to manage the investments. Ms. Schnitker stated that the accounts are earning interest and that these issues will be addressed when the Investment Policy is revised. Commissioner Mavity asked whether the Board should not reaffirm the current Investment Policy. Ms. Reichert responded that if this policy were not reaffirmed, the Housing Authority would be without an Investment Policy. Commissioner Courtney explained that Administrative Policies have not changed with the exception of taking sections out and adding those into the By-Laws. She went on to explain that the updated Administrative Policies would be brought back at a later date for approval. Commissioner Courtney left the meeting at 6:00 p.m. Commissioner Mavity moved approval of the By-Laws and reaffirmation of the Administrative Policies with changes to the gender-specific terms and dollar ranges in the Purchasing Policy. Commissioner Moore seconded the motion, and the motion passed on a vote of 4-0 with Commissioners Gavzy, Mavity, Moore and Row voting in favor. The Commissioners also directed staff to bring forward suggestions for changes to the Administrative Policies. 7. Communications from the Executive Director a. Claims List No. 7-2002 Commissioner Moore moved ratification of Claims List No. 7-2002. Commissioner Row seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Gavzy, Mavity, Moore and Row voting in favor. Housing Authority Minutes June 12, 2002 Page 4 b. Communications Ms. Schnitker stated that the City Council re-appointed Commissioner Row to the Housing Authority. Ms. Schnitker stated that Commissioner Courtney mentioned that she would not be able to attend the August meeting. Commissioners Gavzy and Mavity also stated that they would not be able to attend either. Commissioners Gavzy, Moore and Row stated that they would be available to attend on August 21st. Ms. Schnitker explained that the HA received notification of the Capital Fund Award for next year. Commissioner Moore asked how the amount compared with last year. Ms. Anderson replied that the amount was slightly lower. Ms. Schnitker added that most housing authorities ended up with a reduction of up to 20%, but because of the 12 Hollman units, our amount was only slightly less. Ms. Schnitker stated that she received a notification of an opportunity to apply for additional Section 8 vouchers. Ms. Schnitker explained that because of the over-utilization, it might make sense to apply for 25 vouchers. Commissioner Mavity asked why we would limit it to 25. Ms. Schnitker responded that due to staff capacity, she would want to be conservative in applying for vouchers. Commissioner Gavzy suggested authorizing applying for up to a certain number of vouchers, at the discretion of the staff. Commissioner Mavity strongly suggested applying for up to 35 vouchers, at the discretion of staff. Commissioner Gavzy commented that adding additional vouchers would be a long-term commitment to maintaining the utilization. Commissioner Mavity moved approval of applying for up to 35 Section 8 Vouchers. Commissioner Moore seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Gavzy, Mavity, Moore and Row voting in favor. Housing Authority Minutes June 12, 2002 Page 5 8. Adjournment Commissioner Moore moved to adjourn the meeting at 6:23 p.m. Commissioner Mavity seconded the motion, and the motion passed on a vote of 4-0 with Commissioners Gavzy, Mavity, Moore and Row voting in favor. Respectfully submitted, ________________________ Shone Row, Secretary St. Louis Park City Council Agenda Item: 100702 - 4c - Westwood Boardwalk Bid Tab Page 1 of 1 4c. Motion to designate White Oak Metals, Inc. as the lowest responsible bidder and to authorize execution of a contract for the purchase of materials for the boardwalk construction at Westwood Hills Nature Center at a cost not to exceed $78,900. Background: The Marsh Trail at Westwood Hills Nature Center was initially constructed in the late 1970’s with a combination of five floating boardwalks and wood chipped trails that travel the entire perimeter of Westwood Lake. Over the past several years staff has rebuilt three of the five boardwalks with the assistance of Tree Trust, Eagle Scouts, volunteers and the DNR local grants program. The final two original boardwalks still need to be replaced. One crosses over the northern edge of Westwood Lake and is a ¼ mile long and the other is 650 feet long and cuts directly through a cattail marsh. After 25 years of being exposed to the elements and foot traffic, the walkways have deteriorated beyond the point of repairs. Bid Analysis: Bids were opened October 1, 2002 at City Hall. Three (3) firms submitted bids, with the following amounts: Company Amount Bid White Oak Metals, Inc. $78,900 Dock Rite, Inc. $102,620 T. J. Builders, Inc. $139,000 The apparent low bid was received from White Oak Metals, Inc. White Oak Metals, Inc. has not previously worked for the City, but staff checked references and found them to be acceptable. The engineer's estimate on the project was $83,500. The low bid was $4,600 below that estimate. Costs and Funding: The cost of the project will be paid for with a fifty-fifty match from a DNR Grant. The City's portion of the match will come from the Park Improvement Fund. The DNR grant allows staff the option of spending up to $150,000 for total project costs. The City is eligible for some in-kind costs as well. Staff anticipates spending approximately $40,000 from the Park Improvement Fund on this project. Recommendation: Staff recommends Council designate White Oak Metals, Inc. as the lowest responsible bidder and authorize execution of a contract for the purchase of materials for the boardwalk construction at Westwood Hills Nature Center at a cost not to exceed $78,900. Prepared by: Mark Oestreich, Manager of Westwood Hills Nature Center Cynthia S. Walsh, Director of Parks and Recreation Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 4d - LOGIS agreement update Page 1 of 4 4d. Motion to adopt the attached resolution relating to local government information systems; authorizing the execution and delivery of second amendment to the joint and cooperative agreement. Background: The City of St. Louis Park participates in the LOGIS group health and medical insurance plan. We have participated in the health care consortium operated under the LOGIS Joint Powers Agreement since 1988. Through LOGIS, cities and public agencies work together to purchase benefits. The LOGIS healthcare group insures over 3,000 individuals. It has been recommended that some minor changes be made to the LOGIS agreement. LOGIS’ legal counsel has advised the Board of Directors that the agreement should be modified to clarify LOGIS’ authority to conduct and administer the group health and medical insurance plans. The amendment also provides that other types of group benefits may be included in the plan. The resolution also ratifies the participation in the plan by members of the plan. It is necessary for all members approve the amendment by approving the attached resolution. Recommendation: Staff recommends adopting the attached resolution, updating the joint and cooperative agreement. Attachments: Resolution Exhibit A Prepared by: Nancy Gohman, Human Resources Director Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 4d - LOGIS agreement update Page 2 of 4 RESOLUTION NO. _______ A resolution relating to local government information systems; authorizing the execution and delivery of second amendment to the joint and cooperative agreement BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST LOUIS PARK, MN as follows: Section 1. Background; findings. 1.01. The City is a party to the joint and cooperative agreement (Agreement) establishing an organization known as Local Government Information System (LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3, 1993. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. St. Louis Park City Council Agenda Item: 100702 - 4d - LOGIS agreement update Page 3 of 4 1.04. There has been presented to this Council a form of Amendment No. 2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as Exhibit A. 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. Sec. 2. Approval and Authorization: Ratification. 2.01. The form of the Amendment is approved. 2.02. The City Clerk is authorized and directed to deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the City in participating in the Plan, are ratified and confirmed. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 4d - LOGIS agreement update Page 4 of 4 EXHIBIT A SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1, 1972, As amended By Amendment No. 1, Adopted May 3, 1993 Section 1. Article I, General Purpose, of the Joint and Cooperative Agreement, Local Government Information Systems, as amended, (Agreement) is amended to read as follows: I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for (i) the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and (ii) group health, life, accident, and other insurance and personnel benefits for the officers and employees of the parties and the organization. Sec. 2. The terms of this amendment are effective as of April 1, 2002. This amendment is effective on the date of its execution and delivery by all of the members of the organization in accordance with the Agreement. St. Louis Park City Council Agenda Item: 100702 - 4e - Fund Balance Allocation Page 1 of 2 4e. Motion to approve resolution allocating 2001 Fund Balance Background: Each year the General Fund is evaluated for compliance with the policy statement. The policy statement indicates the amount of fund balance the City is required to maintain. At the end of 2001, the General Fund had $600,000 available for reallocation. At the September 23, 2002 study session, the allocation of these dollars was discussed. Staff recommends the following allocation. 2001 Fund Balance Available 600,000$ Allocation: Technology Replacement 240,000$ Park Improvement 260,000 Municipal Building 100,000 Total Allocation 600,000$ When this allocation is done, the Park Improvement fund will be funded through 2004 and the Municipal Building fund through 2005. The Technology Replacement fund will not have sufficient funds available based on the Capital Improvement Program. Staff is continuing to analyze financing strategies for this fund as well as for the Park Improvement and Municipal Building funds. Recommendation: Motion to approve resolution approving the allocation of 2001 fund balance. Attachments: Resolution Prepared by: Jean D. McGann, Director of Finance Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 4e - Fund Balance Allocation Page 2 of 2 RESOLUTION NO. ______ RESOLUTION AUTHORIZING A TRANSFER FROM THE GENERAL FUND TO THE PARK IMPROVEMENT FUND, TECHNOLOGY REPLACEMENT FUND, AND THE MUNICIPAL BUILDING FUND WHEREAS, the City of St. Louis Park established a minimum fund balance policy on December 19, 1994 and; WHEREAS, it is considered sound financial practice to analyze fund balances on a continuing basis and; WHEREAS, it has been determined that $600,000 should be transferred out of the General Fund to provide funding for Park Improvements, Technology Replacements, and Municipal Building functions; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park that approval is given to transfer funds from the General Fund in the following amounts Technology Replacement 240,000$ Park Improvement 260,000 Municipal Building 100,000 Total Transfer 600,000$ Approved this 7th day of October, 2002, by the City Council of the City of St. Louis Park Reviewed for Administration: Adopted by the City Council City Manage r Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 4f - HRC Minutes of Sept 2, 2002 Page 1 of 3 City of St. Louis Park Human Rights Commission Meeting Minutes – September 18, 2002 Westwood Room - City Hall ______________________________________________________________________________ Present Commission Members: Julie Kirsch, Kristi Rudelius-Palmer and Kristin Siegesmund Staff: Lynn Schwartz, Recording Secretary Call to Order Chairperson Kristin Siegesmund called the meeting to order at 7:10 p.m. August Minutes: Moved by Kristi Rudelius-Palmer and seconded by Julie Kirsch to approve the August minutes after changing “diversity” to “human rights” in the wording for Goal 2, Objective 1. (Text should read, “To encourage all sectors of the city to utilize public space to promote human rights through the arts.”). Motion passed unanimously. September Agenda: Members agreed to the items on the agenda. Reports Commissioner Reports: Kristen Siegesmund reported that Shep Harris has resigned from the commission in order to spend more time with his family. Siegesmund said Harris offered to help on some commission projects, specifically following up on calls to the Human Rights phone line. Siegesmund pointed out that this most recent resignation and the slow appointment process has left the commission woefully short of members. Although the commission has a complement of 13 members (10 appointed by the City Council, 1 appointed by the School Board and 2 youth members), there are currently only four voting members and one student on the commission. The commission expressed its frustration with the lengthy appointment process and asked that the City Council give special attention to interviewing and appointing members as soon as possible. Members also expressed their frustration with the School Board which, likewise, has failed to appoint a representative to the commission. Unless new members are appointed more quickly, commissioners fear they will not be able to accomplish the projects on their work plan. Kristi Rudelius-Palmer reported that she spoke with former commissioner Herb Isbin about coming to a meeting to be honored by the commission for his service. Because Isbin declined to attend a meeting for this purpose, Rudelius-Palmer suggested that the commission send him a certificate or plaque recognizing his volunteer efforts. Rudelius-Palmer also noted that no commissioners have signed up for the annual conference of the League of Minnesota Human Rights Commissions set for September 28. None of the members present are able to attend this meeting; Rudelius-Palmer offered to contact Cassandra St. Louis Park City Council Agenda Item: 100702 - 4f - HRC Minutes of Sept 2, 2002 Page 2 of 3 Boddy and Patrick Rogers to see if they are interested in attending. If they are interested, they should contact Lynn Schwartz for registration materials. Staff Report: Lynn Schwartz noted that Martha McDonell will be on medical leave for the coming six weeks. During McDonell’s absence, commission members should contact Schwartz for staff assistance. Schwartz also reported that McDonell asked that the commission be told that the City Council interviewed four applicants for the commission and it appears that two may be appointed within the near future. Old Business 2002 – 2004 Work Plan: Siegesmund and Rudelius-Palmer reported that the commission had a positive meeting with the City Council on September 18 when the commission’s proposed work plan was discussed. Siegesmund credited Shep Harris and Kristi Rudelius-Palmer for their good work in assembling the work plan. These points were made at this meeting: § The commission expressed its interest in having the City Code changed so a non-resident from the business community could be appointed to the commission. While this issue is being reviewed, the City Council suggested that business community members could be invited to attend or serve as a liaison in a non-voting capacity. The council also suggested that a member of the Human Rights Commission attend the St. Louis Park Business Council meetings as another way to foster a relationship with the business community. § The City Council expressed a great deal of interest in the human rights audit. It asked the commission to state clearly its focus (general overview or specific focus on certain groups/issues) and how it would gather this information (informal interviews, formal survey, use existing data, etc.). A council member also suggested that the commission not overlook the needs of the mentally ill when formulating the audit parameters. Members agreed to develop a more specific proposal for the Council. § In response to the commission’s request for a budget, the City Council asked that the commission formulate specific recommendations for a three-year line item budget. § The City Council expressed a strong interest in having the commission get the word out about things that are going well in St. Louis Park. § The City Council seemed amenable to having mobile city hall used to promote human rights. § When the commission expressed its strong interest in using public art to promote human rights, commissioners said they felt they may have more interest in this than staff or the Council appear to have. Using the City Council’s input, Kristen Siegesmund asked commissioners to prioritize the projects in the work plan and select a project they’d like to work on. After a discussion, members agreed on these projects as their priorities: 1. Human Rights Audit: Although it is not the project that interests her the most, Kristi Rudelius-Palmer offered to work on the audit. None of the members present had this topic as their first priority, so members discussed the need to either find volunteers or new commissioners interested in heading up this project. Kristen Siegesmund also suggested that the commission could design the audit and recommend to the City Council that a contractor St. Louis Park City Council Agenda Item: 100702 - 4f - HRC Minutes of Sept 2, 2002 Page 3 of 3 be hired to pursue this project. Members agreed to work on structuring the parameters of an audit and determining how it could be funded. 2. Public Art: Kristen Siegesmund noted that this is the project that most interests her. She would like to work to create a community art initiative—possibly in conjunction with Friends of the Arts—to get public art with a human rights theme placed in the Park Commons Town Green and other public spaces in St. Louis Park. Kristi Rudelius-Palmer said she would like to see a project to have peace poles purchased for public spaces, parks and community gardens added to the work plan. 3. Continue Outreach and Recognition Efforts: Kristen Siegesmund said the commission needs to continue its work on two annual projects: the student essay contest and the human rights award. 4. Human Rights Education/School Outreach: Julie Kirsch said this topic was of the greatest interest to her. Members agreed to talk to principals and/or social workers to determine what the schools are doing now and what issues the schools face. They also agreed to support the schools’ cultural compass events. 5. Human Rights Literacy Mobile: Kristi Rudelius-Palmer wants to pursue using mobile city hall as a mobile meeting room/library/resource center for human rights. She would like to see it stocked with posters, books, videos and posters that promote human rights. Set Agenda For Next Meeting Members agreed to add the following items to the October agenda: § Student Essay Contest – Kristi Rudelius-Palmer will determine what the League has set as the essay question. Lynn Schwartz will send commissioners information from previous years. Members are asked to review these materials prior to the October meeting so they can come prepared to plan the contest outreach efforts. The commission should aim to get the materials to schools in December. § Human Rights Award - Lynn Schwartz will send commissioners information from previous years. Members are asked to review these materials prior to the October meeting so they can come prepared to plan the outreach effort for the award. The commission should aim to get the materials out in November so the commission can select a winner in December and make the award at a City Council meeting in January. § Work Plan Projects – Continue planning for the Human Rights Audit, Public Art, Education/School Outreach, and Human Rights Mobile. Adjournment With no further business, the commission adjourned at 8:25 p.m. Respectfully submitted, Lynn Schwartz Recording Secretary St. Louis Park City Council Agenda Item: 100702 - 4g - Permit Parking at 4013 Raleigh Page 1 of 2 4g. Motion to adopt the attached resolution authorizing installation of permit parking in front of 4013 Raleigh Ave. South. Background: The City has received a request from Mrs. Marjorie Anderson of 4013 Raleigh Avenue to restrict on-street parking in front of her house. Mrs. Anderson is in her 80’s and has health and related mobility problems. She lives at the end of a dead-end street that does not have a cul-de-sac and her ability to access and maneuver in this tight space with on-street parking is very difficult and sometimes impossible for her. Staff has discussed this request with Mrs. Anderson. The installation of handicapped parking signs is not feasible, as the parking stall design requirements cannot be met on this local street. However, the City’s Traffic Policy and past practice do allow for permit parking in this situation. It has been the City’s practice to use permit parking, which can be removed when the individual needing the access no longer resides there or no longer needs the access. Staff considers the resident’s request to be valid and supports the installation of permit parking for handicap access at 4013 Raleigh Avenue South. This recommendation is based on the following: 1. The resident of the household is elderly and handicapped. 2. Access to the curb in front of the residence is needed. 3. Conflicting parking tendencies with neighbors will be eliminated. Options: Staff has identified the following options available to the Council at this time. * 1. Approve the request. If so, the attached resolution authorizing the installation of the parking regulations may be utilized. 2. Deny the request. * Staff recommendation Attachments: Map (Supplement) Resolution Prepared by: Carlton Moore, Superintendent of Engineering Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 4g - Permit Parking at 4013 Raleigh Page 2 of 2 RESOLUTION NO. __________ RESOLUTION AUTHORIZING INSTALLATION OF PERMIT PARKING IN FRONT OF 4013 RALEIGH AVENUE SOUTH TRAFFIC STUDY NO. 569 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that it is in the best interest of the City to establish a parking restriction based upon permit issuance in front of 4013 Raleigh Avenue South. BE IT FURTHER RESOLVED that parking shall not be permitted at any time unless the vehicle prominently displays a City issued parking permit on the left rear windshield. Emergency vehicles, governmental vehicles and commercial vehicles parked at curbside while work is conducted are exempt from these restrictions. BE IT FURTHER RESOLVED that the parking restriction enacted herein shall remain in effect as long as the resident resides at the above address and is in need of said restriction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. Permit parking at 4013 Raleigh Avenue South Reviewed for Administration: Adopted by the City Council October 7, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 4h - Final payments, Kassa & Jedlicki Page 1 of 2 RESOLUTION NO. ______________ RESOLUTION ACCEPTING WORK ON CONCRETE ALLEY & RANDOM CURB REPAIR CITY PROJECT NOS. 02-12 & 02-07 CONTRACT NO. 84-02 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 June 17, 2002, Ron Kassa Construction, Inc. has satisfactorily completed the alley and random curb repair as per Contract No. 84-02. 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 October 7, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 4h - Final payments, Kassa & Jedlicki Page 2 of 2 RESOLUTION NO. ______________ RESOLUTION ACCEPTING WORK ON STORM SEWER REPLACEMENT AT WOLFE PARK CITY PROJECT NO. 02-09 CONTRACT NO. 85-02 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated August 1, 2002, F. F. Jedlicki, Inc. has satisfactorily completed the storm sewer replacement at Wolfe Park as per Contract No. 85-02. 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 October 7, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 1 of 8 4i. West Suburban Housing Partners – Authorization of subordinate debt issue Motion to approve the issuance, sale, and delivery of multifamily housing revenue notes, subordinate series 2002. Background: On April 15, 2002, the Council authorized a Private Activity Revenue Bond issue in an amount not to exceed $10,000,000 for the benefit of West Suburban Housing, “At the Park” project. At this time, tax-exempt bonds as well as taxable bonds were issued. When additional pooling funds became available from the State of Minnesota, West Suburban Housing, through the City of St. Louis Park, applied for the tax credits. The tax credits were awarded and the taxable bonds were converted to tax-exempt bonds on September 3, 2002. The conversion of debt had been authorized on April 15, 2002 by Council resolution. At this time, West Suburban Housing is seeking Council’s authorization to issue subordinate debt in the amount of $205,000. Subordinate debt is debt that is outside of the original bond issue and secured by the project. There is no impact to the City by completing this type of transaction. This debt would be an institutional placement. This debt would be non-rated, privately placed, secured by the project, and a note agreement with the City would be issued. The banking institution providing the letter of credit has indicated that it is agreeable to this additional debt, however, it is not willing to increase the letter of credit amount. Therefore, the $205,000 would be placed into two separate notes outside of the bank holding the letter of credit. Recommendation: Motion to approve resolution authorizing the issuance, sale, and delivery of multifamily housing revenue notes, subordinate series 2002. Attachments: Resolution Prepared by: Jean D. McGann, Director of Finance Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 2 of 8 RESOLUTION NO. _______ AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF MULTIFAMILY HOUSING REVENUE NOTES, SUBORDINATE SERIES 2002 (AT THE PARK PROJECT), IN THE AGGREGATE AMOUNT OF $205,000; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A NOTE AGREEMENT, AND OTHER DOCUMENTS 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 the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act and contemplated thereby in the financing of housing within its boundaries, by issuing revenue obligations to defray, in whole or in part, the cost of the acquisition, construction, and equipping of multifamily rental housing developments, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue obligations; and WHEREAS, West Suburban Housing Partners VII, Limited Partnership, a Minnesota limited partnership (the “Borrower”), has requested that the City issue its revenue notes under the Act, to be designated the Multifamily Housing Revenue Notes, Subordinate Series 2002 (At The Park Project) (the “Series 2002 Notes”), in the aggregate principal amount of $205,000, and loan the proceeds derived from the sale of the Series 2002 Notes to the Borrower pursuant to the terms of a Note Agreement, to be date on or after October 1, 2002 (the “Note Agreement”), between the City and the Borrower; and WHEREAS, the loan proceeds derived by the Borrower from the Note Agreement are to be applied by the Borrower to the payment of a portion of the costs of the acquisition, construction, and equipping of an eighty-eight (88) unit multifamily rental housing development known as “At the Park” located at 315 – 22nd Street and 2211 Hartle Avenue in the City (the “Project”); and WHEREAS, an application for an allocation of the bonding authority of the State of Minnesota to the Project was made by the City pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”), and the Minnesota Department of Finance granted an allocation of bonding authority on January 8, 2002, pursuant to the Allocation Act authorizing the issuance of tax-exempt obligations to finance the Project in a principal amount not to exceed $6,965,000. WHEREAS, as a condition to the issuance of revenue obligations to finance a multifamily housing development, the City must adopt a housing program providing the St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 3 of 8 information required by Section 462C.03, subdivision 1a, of the Act (the “Housing Program”), and under Section 462C.04, subdivision 2, of the Act, a public hearing must be held on the Housing Program after one publication of notice in a newspaper circulating generally in the City, at least fifteen days before the hearing; and WHEREAS, under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), prior to the issuance of tax-exempt obligations to finance a “qualified residential rental project” (within the meaning of Sections 142(a)(6) and 142(d) of the Code), a public hearing duly noticed must be held by the City Council; and WHEREAS, after publication on February 13, 2002 in the Sun-Sailor, a newspaper circulating generally in the City, of a notice of public hearing, a public hearing was held on March 4, 2002, before the City Council of the City with respect to the Housing Program, such public hearing also satisfying the requirement for a public hearing under Section 147(f) of the Code, and following such public hearing Resolution No. 020-016 was adopted by the City Council of the City approving the Housing Program and granting preliminary approval to the issuance of the Notes; and WHEREAS, the City submitted the Housing Program to the Metropolitan Council for review and comment; and WHEREAS, on April 15, 2002, the City Council of the City held a second public hearing in response to a request by the Borrower to increase the principal amount of the revenue bonds to be issued to finance the Project; and WHEREAS, pursuant to the Act, on April 15, 2002, the City Council of the City adopted Resolution No. 02-37 approving the issuance and sale of its Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2002A (At the Park Project) (the “Series 2002A Bonds”), in the original aggregate principal amount of $6,965,000, and its Taxable Variable Rate Demand Multifamily Housing Revenue Bonds, Series 2002B (At the Park Project) (the Series “2002B Bonds”), in the original aggregate principal amount of $2,595,000, payable solely from the amounts pledged therefor under the Indenture of Trust, dated as of May 1, 2002 (the “Indenture”), between the Issuer and LaSalle Bank National Association, as trustee (the “Trustee”); and WHEREAS, the Indenture provided for the conversion of the taxable Series 2002B Bonds to tax-exempt Series 2002A Bonds if an allocation of bonding authority for the Series 2002B Bonds could be obtained from the State of Minnesota and upon satisfaction of certain conditions established in the Indenture; and WHEREAS, an application for an allocation of additional bonding authority of the State of Minnesota for the benefit of the Project was made pursuant to the requirements of the Allocation Act and the Minnesota Department of Finance granted an allocation on August 5, 2002, pursuant to the Allocation Act authorizing the issuance of tax-exempt obligations in a principal amount not to exceed $2,800,000; and St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 4 of 8 WHEREAS, pursuant to the terms of the Indenture, on September 3, 2002, the taxable Series 2002B Bonds in the aggregate principal amount of $2,595,000 were converted to tax- exempt Series 2002A Bonds; and WHEREAS, a portion of the bonding authority granted by the State of Minnesota with respect to the Project, in the amount of $205,000, has not been utilized to date with respect to the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock, which is affordable to persons and families of low or moderate income, that accomplishing this is a public purpose, and that many would-be providers of housing units for low and moderate income persons in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit. The City also hereby finds, determines, and declares that the Project has been designed to be affordable by persons and families with adjusted gross incomes not in excess of 110 percent of median family income as most recently estimated by the United States Department of Housing and Urban Development for Hennepin County, and that, based on representations and covenants of the Borrower, at least twenty percent of the dwelling units in the Project and no more than twenty-seven percent of the dwelling units in the Project will be held for occupancy by families and individuals with adjusted gross incomes not in excess of fifty percent of the median family income. Section 2. The City affirms that the purpose of the Housing Program is to issue revenue bonds the proceeds of which will be used to finance the acquisition, construction, and equipping of the Project for occupancy primarily by persons of low and moderate income, and the City hereby affirms the Housing Program. Section 3. For the purpose of financing a portion of the costs of the acquisition, construction, and equipping of the Project, the City hereby authorizes the issuance of its Series 2002 Notes in the original aggregate principal amount of $205,000. The Series 2002 Notes shall be issued in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2002 Notes 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. The issuance of the Series 2002 Notes is subject to a final determination by the City Manager that the financing of the Project and the issuance of the Series 2002 Notes are in the best interest of the City. The execution of the Notes with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Notes by the City shall be conclusive evidence of such determination. All of the provisions of the Series 2002 Notes, 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 St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 5 of 8 verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2002 Notes shall bear interest at such rates, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such forms, and shall have such other details and provisions as are prescribed in the form of the Series 2002 Note on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the stated maturities of the Notes, the interest rates on the Notes, the terms of redemption of the Notes, and variations from City policies regarding methods of offering conduit bonds) as the Mayor and the City Manager (the “Mayor” and “City Manager”), in their discretion, shall determine. The execution of the Notes with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Notes by the City shall be conclusive evidence of such determination. The principal of, premium, if any, and interest on the Notes shall be payable solely from the loan repayments to be made by the Borrower pursuant to the terms of the Note Agreement. The loan repayments of the Borrower to be derived from the Note Agreement are to be assigned to the holders of the Series 2002 Notes pursuant to the terms of an Assignment of Note Agreement, to be dated on or after October 1, 2002 (the “Assignment”), between the City, the Borrower, and the holders of the Notes (the “Holders”). The Notes shall not constitute a debt of the City within the meaning of any constitutional, statutory, or Charter imitation nor give rise to a pecuniary liability of the City or a charge against its general credit, assets, or tax revenues, and 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 Note Agreement. The Notes are not general or moral obligations of the City and are not secured by any taxing power of the City. Section 4. The Note Agreement and the Assignment are hereby approved. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Note Agreement and the Assignment. All of the provisions of the Note Agreement and the Assignment, 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 Note Agreement and the Assignment shall be substantially in the forms on file with the City 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. Section 5. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Notes, the Note Agreement, and the Assignment, or other documents referred to therein shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the Notes, the Note Agreement, and the Assignment, or other documents referred to therein shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 6 of 8 perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Notes, the Note Agreement, and the Assignment, or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person’s individual capacity, and neither the members of the City Council nor any officer or employee executing the Notes shall be liable personally on the Notes or be subject to any personal liability or accountability by reason of the issuance thereof. Section 6. Except as herein otherwise expressly provided, nothing in this resolution or in the Notes, the Note Agreement, or the Assignment, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the Borrower, and the Holders any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Notes, the Note Agreement, or the Assignment, or any provision thereof; this resolution, the Notes, the Note Agreement, and the Assignment and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and the holders from time to time of the Notes issued under the provisions of this resolution, and the Borrower to the extent expressly provided in the Notes, the Note Agreement, and the Assignment. Section 7. In case any one or more of the provisions of this resolution, or of the Notes, the Note Agreement, or the Assignment 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 Notes, the Note Agreement, or the Assignment, but this resolution, the Notes, the Note Agreement, and the Assignment shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Notes, the Note Agreement, and the Assignment, the pledge of revenues derived from the Note Agreement, the provisions relating to the application of the proceeds derived from the sale of the Notes pursuant to and under this resolution and the Note Agreement, and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Notes, the Note Agreement, and the Assignment, and the invalidity of any provision of the Notes, the Note Agreement, or the Assignment shall not affect the commitments, obligations, and agreements on the part of the City to apply said revenues, other money, and proceeds of the Notes for the purposes, in the manner, and according to the terms and conditions fixed in this resolution and the Note Agreement, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Note Agreement. Section 8. The Notes, 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 Notes and the regularity of the issuance thereof. 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 Notes, and to the execution of the Note Agreement and the Assignment, and the other documents referred to therein to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Notes, and precedent to the execution of the Note Agreement and the Assignment, and the other documents referred to above have happened, exist, and have been performed as so required by law. St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 7 of 8 Section 9. The City Council, officers of the City, and attorneys 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 and the Notes, the Note Agreement, the Assignment, and the other documents referred to therein for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Notes, the Note Agreement, the Assignment, and the other documents referred to above, and this resolution. Section 10. The Mayor and the City Manager are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Note Agreement and the Assignment, or any other certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Notes, the Note Agreement, or the Assignment, or the other documents referred to in this resolution, or to evidence compliance with applicable provisions of the Code; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Without limiting the generality of the foregoing, the certificates, agreements, and other documents may include: (i) a tax or arbitrage certificate of the City; (ii) a tax compliance agreement between the City and the Borrower; and (iii) an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January 2002). The Mayor and the City Manager are hereby designated and authorized to take such other administrative action as is permitted or required by the Note Agreement. 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 Notes for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Notes, 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 other member of the City Council or any officer of the City delegated the duties of the Mayor shall be authorized to act in his capacity 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 member of the City Council or any officer of the City 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. Section 11. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinions with respect to the Notes. Section 12. The City has not participated in the preparation of any disclosure document relating to the offer and sale of the Notes (the “Disclosure Document”), and has made no independent investigation with respect to any information contained in any such Disclosure Document and the City assumes no responsibility for the sufficiency, accuracy, or completeness of any such information. St. Louis Park City Council Agenda Item: 100702 - 4i - West Suburban Partners Page 8 of 8 Section 13. 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 7th day of October, 2002. Reviewed for Administration: City Manager Mayor ATTEST: City Clerk SA140-067 (JU) 220169v.2 St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 1 of 17 6a. Public Hearing on Cedar Trails Condominium Association Housing Improvement Area The Cedar Trails Condominium Association has petitioned the City Council to hold a public hearing to consider an ordinance to establish the Cedar Trails Housing Improvement Area and a resolution approving a housing improvement fee for the Cedar Trials Housing Improvement Area. Recommended Action: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Cedar Trails Housing Improvement Area and to set Second Reading for November 4, 2002. Background: The housing goals of Vision St. Louis Park, the Economic Strategic Development Plan, and the City’s Comprehensive Plan include providing a balanced and sustainable housing stock and ensuring that all housing is safe and well maintained. The City is implementing a comprehensive strategy to preserve and enhance the single family detached homes, multifamily buildings (Louisiana Court) and neighborhoods. This strategy has yet to address the aging owner-occupied townhouse and condominium housing stock. Construction and conversion of townhouses and condominiums, which comprise 12% of the City’s housing stock, began in the 1970’s. The City’s Comprehensive Plan notes that “there is a concern that maintenance may be underfunded for some townhouse associations and maintenance issues may arise in the future.” As most of the buildings are going on 30 years, this is becoming a concern. Use of the Housing Improvement Area (HIA) finance tool would provide an additional method to assist in meeting the City’s housing goals. State Statute authorizes cities to establish HIAs as a finance tool for private housing improvements. An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. This tool is similar to the commercial special service district. At the June 25, 2001, Study Session, Council discussed the use of the HIA relating to the Cedar Trails Condominium Association and adopted a Housing Improvement Area policy on July 16, 2001. At the April 22, 2002 Study Session, the Council favorably reviewed a preliminary application from the Cedar Trails Condominium Association. On September 13, 2002, the Cedar Trails Condominium Association submitted 212 signed petitions requesting the City Council to conduct a Public Hearing for the purpose of establishing an HIA and imposing fees. State Statute requires that petitions be received from at least 25% of the owners. The City’s policy requires that a majority of owners sign petitions. The 212 signed petitions represent 57% of the 372 total number of owners. • Cedar Trails Condominium Association Background The Cedar Trails Condominium complex has 280 units in 35 buildings and was originally built in 1971 as rental property. The 35 buildings were converted to condos in 1979. The St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 2 of 17 2002 assessed values of the units range from $69,000 - $115,000, with a 2002 average assessed value of $92,000. Approximately 75% of the 280 units are owner occupied. Nearly two years ago the Cedar Trails Condominium Association hired a professional property management company, Park Midwest Commercial Property Management Co., to manage the facility. The Board and Management Company have been addressing fiscal and physical issues. They contracted to have a Reserve Study conducted detailing the current condition of the property and to provide a 20-year plan of projected capital expenditures. The association’s fiscal status was also reviewed and a plan was established to ensure adequate reserves to fund future improvements. The Board increased fees in July and October of 2001 to address operating and reserve fund needs. The current average monthly fee is $300. This fee includes heat and water, since the buildings were built as apartment buildings and units have common boilers. • Proposed Improvements and Costs. The reserve study indicated that the association’s current reserve levels are inadequate to fund approximately $1,300,000 in needed improvements. Over the past year the Board has been discussing the need for improvements and methods of financing them at the monthly membership meetings. The table below outlines the scope of work and corresponding costs as well as other project costs. The improvements do meet HIA criteria, in that they are common area improvements or integral to building systems operations. Table 1: Cedar Trails Condominium Association Housing Improvement Area Project Costs Parking Lot Overlay $120,250 Concrete work; curb, gutter, patios, sidewalk $137,679 Retaining Walls $22,920 Garage Fixtures, Roofs, Siding $218,882 Building Roofs $68,870 Common Area ceiling tile, light fixtures, tile replacement $59,762 Common Area Washer/dryers $28,362 Pool Building Renovations $65,804 Boilers, and related work $141,696 Piping, water softeners & heaters $74,413 Windows (590 wdws) $236,963 Patio Doors (18 units) $21,698 Construction Contingency $119,730 Permit Costs $9,805 Project Costs $1,326,833 Capitalized Interest $15,909 Soft Costs $23,000 Total Loan Amount $1,365,742 • HIA Goals. The City HIA policy defines eligible uses and goals for HIA financing. The Cedar Trails proposal meets the established goals. St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 3 of 17 • It promotes neighborhood stabilization and revitalization by upgrading existing housing stock in a neighborhood. • It will increase or prevent the loss of tax base of the City to ensure the long-term ability of the City to provide adequate services for its residents. • The improvements are primarily common area exterior improvements and improvements integral to the operation of the project. The improvements are of a permanent nature. • Statute and City Policy Criteria. The Cedar Trails proposal meets the following critical statutory and City Policy requirements. • The project is in accordance with the Comprehensive Plan and Zoning Ordinances. • A majority of owners, 212 of 372, signed petitions requesting a public hearing. This number reflects owners of 163 of the units. • The association hired a third party to conduct a capital improvement study. Reserve Studies Inc. conducted the facility needs assessment to determine and prioritize the scope of improvements. • The average market value of units meets policy criteria in that is does not exceed the maximum home purchase price of existing homes under the State's first time homebuyer program. In 2002, the metro amount is $175,591. The 2002 average assessed value of units is $92,000. • The basis for imposition of fees is consistent with dues structures as prescribed in the Association By-Laws. • The Association has demonstrated that without the HIA, improvements could not be made. The Association has provided documentation from Associated Bank and Citizens Bank that financing improvements without adequate collateral requires conditions of high interest rates and balloon payments, which in turn would result in onerous assessments to residents. Additionally, the Association By-Laws restrict multi-year assessments. • The Public Hearing requirements are being met. • A written objection process allows individual owners to file an objection of inclusion in the area and subjection of fees. • A veto period follows the adoption of the ordinance, where 35% of the owners, or 35% of tax capacity, may file written objections. When this occurs the statute requires that the HIA not be granted. • Financing The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution will be drafted to formalize the arrangement. The City’s Finance Director and City Assessor have been involved in structuring the loan and ensuring assessment procedures are followed. The Development Agreement will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. The table below outlines the loan terms. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. Fees will be payable with property taxes beginning in 2004. St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 4 of 17 Table 2. Loan Terms Term (years) 10 Interest Rate 6.30% Average Annual Debt Service $188,207 Required Coverage (105%) $197,617 Total Units 280 Cost/Unit – Annual (Average) $705.78 Cost/Unit – Monthly (Average) $58.81 Average Fee – Per/Unit (Principal only) $4,877.65 Representatives from the Cedar Trails Condominium Association Board and Property Management Company will be in attendance along with staff from Kennedy & Graven and Ehlers and Associates. Next Steps Staff will continue to work with Kennedy & Graven, Ehlers & Associates and the Association Board to finalize a Development Agreement and Internal Loan Fund Resolution. The Second Reading of the ordinance will be scheduled on November 4, 2002, at which time the Council would: adopt a Fee Resolution, approve the ordinance to establish the HIA, approve an Internal Loan Fund Resolution, and approve the Development Agreement. Attachments: Sample Petition Public Hearing Notice Ordinance Establishing the Cedar Trails Housing Improvement Area Resolution Approving a Housing Improvement Fee for the Cedar Trails Housing Improvement Area. Prepared by: Tom Harmening, Community Development Director, Michele Schnitker, Housing Supervisor Kathy Larsen, Housing Programs Coordinator Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 5 of 17 CITY OF ST. LOUIS PARK PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of St. Louis Park, Minnesota will hold a public hearing on October 7, 2002 at 7:30 p.m. in the City of St. Louis Park, City Hall Council Chambers, 5005 Minnetonka Blvd. regarding two actions under Minnesota Statutes Chapter 428A.11- 428A.21 as follows: 1. Adoption of an ordinance establishing the Cedar Trails Housing Improvement Area 2. Adoption of a resolution imposing fees on housing units within the Cedar Trails Housing Improvement Area. Within the Cedar Trails Housing Improvement Area, the City proposes to facilitate various improvements to the Cedar Trails Condominiums. The boundaries of the proposed Cedar Trails Housing Improvement Area are shown in the map below. Fees imposed on the owners of units would finance the improvements. Details regarding the hearing, the improvements and the fees are described below: 1. Persons to be heard: All persons owning housing units in the proposed housing improvement area that would be subject to a fee for housing improvements, and all other interested persons, will be given an opportunity to be heard at the hearing. 2. Proposed Improvements: Bituminous Overlay of Parking Lots; Partial Replacement of Concrete Curbs, Gutters, Islands, Patios, and Sidewalks; Removal of 1 Wood Retaining Wall and Replacement of 5 Walls with Stone Walls; Partial Replacement of Exterior Light Fixtures on Garage Buildings; Replacement of Roofs on Several Garages, C ED A R L A K E R D SNATCHEZ AVE S SUBJECTPROPERTY Park St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 6 of 17 Installation of Hardie Fiber Cement on Garage Buildings; Replacement Roofs on Several Buildings; Partial Replacement of Common Area: Acoustical Ceiling Tile, Vinyl Floor Tile, and Interior Light Fixtures; Partial Replacement of Washers and Dryers; Renovation of Pool Building; Replacement of Oldest Boiler, Pumps, Hot Water Heaters, and Water Softeners; Partial Replacement of Risers and Branch Piping; Partial Replacement of Windows and Patio Doors. 3. Estimated Cost of Improvements to be paid in whole or in part by housing improvement fee: $1,366,000 including administrative costs and cost of arranging financing for the improvements. 4. Amount to be charged against each housing unit: Estimates of the fee to be imposed on housing units in the Cedar Trails Housing Improvement Area are included in the table below. Fees are based on the improvement costs and the Dues Structure as prescribed in the Declaration of Apartment Ownership. The Annual Fee per unit is shown, with and without ownership of a garage, is under the heading “Annual W/O (without) Garage” and “Annual W (with) / Garage.” The Annual Fee includes interest on the cost per unit at a rate of 6.30% per annum. The Total Prepayment Fee (Principal only) with and without ownership of a garage, is under the heading “Total Prepayment W or W/o Garage”. Fees may not be more than the amounts shown. Dues Structure Undivided Ownership Percent of Dues Structure Annual W/O Garage 10 Years Total Prepayment Annual W/Garage 10 Years Total Prepayment Without With Garage Garage 0.2999% 9.60% 592.65 4,095.86 625.85 4,423.96 0.3179% 14.31% 628.23 4,341.69 661.43 4,669.79 0.3265% 0.33% 645.22 4,459.15 678.42 4,787.25 0.3267% 4.57% 645.62 4,461.88 678.82 4,789.98 0.3355% 3.36% 663.01 4,582.06 696.21 4,910.16 0.3426% 0.69% 677.04 4,679.03 710.24 5,007.13 0.3442% 17.21% 680.20 4,700.88 713.40 5,028.98 0.3535% 1.41% 698.58 4,827.90 731.78 5,156.00 0.3622% 7.24% 715.77 4,946.72 748.97 5,274.82 0.3711% 21.52% 733.36 5,068.27 766.56 5,396.37 0.3713% 2.23% 733.75 5,071.00 766.95 5,399.10 0.3800% 3.04% 750.95 5,189.82 784.15 5,517.92 0.3890% 9.73% 768.73 5,312.74 801.93 5,640.84 0.3900% 0.39% 770.71 5,326.39 803.91 5,654.49 0.4155% 1.66% 821.10 5,674.66 854.30 6,002.76 TOTAL 97.28% N/A N/A N/A N/A Garages 0.0168% 2.72% 0 0 33.20 GRAND TOTAL 100.00% St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 7 of 17 5. Owner's right to prepay the total fee: Housing unit owners may prepay in whole but not in part the Total Prepayment W or W/O Garage Fee between December 5, 2002 and November 20, 2003. If a prepayment is made by Nov. 30 in any subsequent year, the amount must include interest at the rate of 6.30% through the end of that calendar year. If the prepayment is made after Nov. 30, the amount must include interest through the end of the following calendar year. 6. Number of years the fee will be in effect: If owners do not prepay the Total Prepayment Fee, the Annual Fee will be imposed in equal installments over a period not to exceed 10 years. The first installment will be payable in 2004 with each half of real estate taxes. 7. Compliance with Petition Requirement: Owners of more than 50 percent of the housing units that would be subject to the proposed fee in the Cedar Trails Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing on the proposed fee, which exceeds the requirement under Ch. 428A.12. For further information on the proposed housing improvement fee, contact Kathy Larsen, Housing Program Coordinator, at 952-924-2196. Dated: September 19, 2002. Cynthia D. Reichert, City Clerk AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST AT LEAST 96 HOURS IN ADVANCE. TO MAKE ARRANGEMENTS CONTACT THE PERSONNEL OFFICE AT 924-2520. Published: September 26, 2002 St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 8 of 17 CEDAR TRAIL CONDOMINIUMS PETITION OF PROPERTY OWNERS FOR PUBLIC HEARINGS TO CONSIDER THE ESTABLISHMENT OF A HOUSING IMPROVEMENT AREA AND THE IMPOSITION OF A FEE TO THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA: The undersigned owner(s) of a housing unit at Cedar Trail Condominiums that would be subject to the fee in the proposed Housing Improvement Area encompassing the Cedar Trail Condominiums, hereby request(s) the Council to conduct public hearings to consider the establishment of the Improvement Area and the imposition of a fee to pay for housing improvements pursuant to Minn. Stat. §§ 428A.11 - .21 (2000): Owner(s): (Print Name) (Print Name) Unit Number: Owner(s) Address: Owner(s) (Signature) (Signature) Dated: St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 9 of 17 CITY OF ST. LOUIS PARK RESOLUTION NO.________ RESOLUTION APPROVING A HOUSING IMPROVEMENT FEE FOR THE CEDAR TRAILS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES CHAPTER 428A.11 to 428A.21. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes Chapter 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council adopted a Housing Improvement Area policy on July 16, 2002. 1.03. By Ordinance No. ______ adopted ___________________ (the "Enabling Ordinance"), the Council established the Cedar Trails Housing Improvement Area in order to facilitate certain improvements to property known as the "Cedar Trails Condominiums," all in accordance with the Housing Improvement Area policy. 1.04. In accordance with Section 428A.12 of the Housing Improvement Act, owners of at least 25 percent of the housing units within the Cedar Trails Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Cedar Trails Housing Improvement Area. 1.05. The Council has on October 7, 2002 conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Housing Improvement Act, regarding adoption of this resolution at which all persons, including owners of property within the Cedar Trails Housing Improvement Area, were given an opportunity to be heard. 1.06 The Council finds that the Cedar Trails Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (the criteria are listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. 1.07. Prior to the date hereof, Cedar Trails Condominium Association (the "Condominium Association") has submitted to the City a financial plan prepared by Reserve Advisors, Inc., an independent third party, acceptable to the City and the Condominium Association, that provides for the Condominium Association to finance maintenance and operation of the common elements in the St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 10 of 17 Cedar Trails Condominiums and a long-range plan to conduct and finance capital improvements therein, all in accordance with Ch. 428A.14. 1.08 For the purposes of this Resolution, the terms "Cedar Trails Housing Improvement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. Section 2. Housing Improvement Fee Imposed. 2.01. The City hereby imposes a fee on each housing unit within the Cedar Trails Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of each housing unit and garage unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Cedar Trails Condominium, dated as of September 10, 1979, and as shown under the heading Undivided Ownership in that Exhibit. 2.02. The owner of any housing unit in the Cedar Trails Housing Improvement Area may prepay the Housing Improvement Fee in total and without interest thereon between the effective date of this resolution and November 20, 2003. The amount of the prepayment is shown under the headings Total Prepayment Fee in Exhibit A, and varies depending upon garage unit ownership. After November 20, 2003, the Housing Improvement Fee shall be imposed on an annual basis as described in 2.03, and housing unit owners shall be permitted to prepay the outstanding principal portion, with accrued interest at the rate of 6.3%, on any date. If a prepayment is made by November 20 of 2004 or any subsequent year, the amount must include interest on the outstanding principal portion of the fee through the end of that calendar year. If a prepayment is made after November 20 of 2004 or any subsequent year, the amount must include interest through the end of the following calendar year. Partial prepayment of the Housing Improvement Fee shall not be permitted. Prepayment must be made to the City Treasurer. 2.03. If the Total Prepayment Fee is not paid between the effective date of this resolution and November 20, 2003, the Housing Improvement Fee shall be imposed as an annual fee, in the amount shown under the heading Annual Fee in Exhibit A. The Housing Improvement Fee shall be imposed in equal installments, beginning in 2004, for a period no greater than 10 years after the first installment is due and payable. The Annual Fee shall be deemed to include interest on the unpaid portion of the total Housing Improvement Fee. Interest shall begin to accrue on January 1, 2004 at an annual interest rate of 6.30% percent per annum. 2.04. Unless prepaid between the effective date of this resolution and November 20, 2003, the Housing Improvement Fee shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Minnesota Statutes Chapters 428A.15 and 428A.05. As set forth therein, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 2.05 A de minimum fee may be imposed by Hennepin County for services in connection to administration required in order for the fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. Section 3. Notice of Right to File Objections. St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 11 of 17 3.01. Within five days after the adoption of this Resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Cedar Trails Housing Improvement Area: a summary of this Resolution; notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Cedar Trails Housing Improvement Area file a written objection with the City Clerk before the effective date of this Resolution; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 4. Effective Date. 4.01. This Resolution shall be effective 45 days after adoption hereof. Section 5. Filing of Housing Improvement Fee. 5.01. The City Clerk shall file a certified copy of this resolution together with a final update of Exhibit A hereto to the Hennepin County Director of Taxation to be recorded on the property tax lists of the county for taxes payable in 2004 and thereafter. Approved by the City Council of the City of St. Louis Park this __________ of _________, 2002. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 12 of 17 EXHIBIT A TO RESOLUTION NO. _____ Dues Structure Undivided Ownership Percent of Dues Structure Annual W/O Garage 10 Years Total Prepayment Annual W/Garage 10 Years Total Prepayment Without With Garage Garage 0.2999% 9.60% 592.65 4,095.86 625.85 4,423.96 0.3179% 14.31% 628.23 4,341.69 661.43 4,669.79 0.3265% 0.33% 645.22 4,459.15 678.42 4,787.25 0.3267% 4.57% 645.62 4,461.88 678.82 4,789.98 0.3355% 3.36% 663.01 4,582.06 696.21 4,910.16 0.3426% 0.69% 677.04 4,679.03 710.24 5,007.13 0.3442% 17.21% 680.20 4,700.88 713.40 5,028.98 0.3535% 1.41% 698.58 4,827.90 731.78 5,156.00 0.3622% 7.24% 715.77 4,946.72 748.97 5,274.82 0.3711% 21.52% 733.36 5,068.27 766.56 5,396.37 0.3713% 2.23% 733.75 5,071.00 766.95 5,399.10 0.3800% 3.04% 750.95 5,189.82 784.15 5,517.92 0.3890% 9.73% 768.73 5,312.74 801.93 5,640.84 0.3900% 0.39% 770.71 5,326.39 803.91 5,654.49 0.4155% 1.66% 821.10 5,674.66 854.30 6,002.76 TOTAL 97.28% N/A N/A N/A N/A Garages 0.0168% 2.72% 0 0 33.20 GRAND TOTAL 100.00% St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 13 of 17 ORDINANCE NO. ____ AN ORDINANCE ESTABLISHING THE CEDAR TRAILS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21. BE IT ORDAINED by the Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Chapter 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2002. 1.03. The City has determined a need to establish the Cedar Trails Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Cedar Trails Condominiums” all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Cedar Trails Condominium Association (the “Condominium Association”) and with residents in the Cedar Trails Housing Improvement Area regarding the establishment of the Cedar Trails Housing Improvement Area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12, owners of at least 25 percent of the housing units within the Cedar Trails Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on October 7, 2002 conducted a public hearing, duly noticed in accordance with the Ch. 428A.13, regarding adoption of this ordinance at which all persons, including owners of property within the Cedar Trails Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Cedar Trails Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the condominium association for, or the housing unit owners in, the Cedar Trails Condominium Association. 2.04. The Council further finds that designation of the Cedar Trails Housing Improvement Area is needed to maintain and preserve the housing units within such area. St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 14 of 17 2.05 The City will be the implementing entity for the Cedar Trails Housing Improvement Area and the improvement fee. 2.06 The Council finds that the Cedar Trails Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (the criteria are listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these criteria were met, including: presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Cedar Trails Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Cedar Trails Housing Improvement Area contains 280 housing units as of the date of adoption of this ordinance, along with other garage units and common area. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Cedar Trails Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Cedar Trails Housing Improvement Area: Bituminous Overlay of Parking Lots Partial Replacement of Concrete Curbs, Gutters, Islands, Patios, and Sidewalks Removal of 1 Wood Retaining Wall and Replacement of 5 walls with stone walls. Partial Replacement of Exterior Light Fixtures on Garage Buildings Replacement of Roofs on Several Garage Buildings Installation of Hardie Fiber Cement on Garage Buildings; Replacement on Roofs on Several Buildings Partial Replacement of Common Area Acoustical Ceiling Tile, Vinyl Floor Tile, and Interior Light Fixtures Partial Replacement of Washers and Dryers Renovation of Pool Building Replacement of Oldest Boiler, Pumps, Hot Water Heaters, and Water Softeners Partial Replacement of Risers and Branch Piping Partial Replacement of Windows and Patio Doors 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Cedar Trails Housing Improvement Area; and St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 15 of 17 (c) costs of arranging financing for the Housing Improvements under the Housing Improvement Act; and (d) interest on the internal loan as described in Sections 5.04 and 6.01. Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Ch. 428A.14, impose a fee on the housing units within the Cedar Trails Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. 5.02. The Housing Improvement Fee shall be imposed on the basis of each owned housing and garage unit's Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Cedar Trails Condominium, dated as of September 10, 1979. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 10 years after the first installment is due and payable. 5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the resolution imposing the fee. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. Section 6. Housing Improvement Area Loan. 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and the period for prepayment of the Housing Improvement Fee has expired as described in Section 5.03 hereof, the Council may begin disbursement to the Condominium Association the proceeds of an internal loan (the “loan) of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. 6.02. At any time the City may refinance the loan or any unpaid portion of the loan by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Housing Improvement Act. Section 7. Annual Reports. 7.01. On August 15, 2003 and each August 15 thereafter until there are no longer any outstanding obligations issued under the Housing Improvement Act in connection with the Cedar Trails Housing Improvement Area, Cedar Trails Condominium Association (and any successor in St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 16 of 17 interest) shall submit to the City Clerk a copy of the condominium association's audited financial statements. 7.02. The Condominium Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Cedar Trails Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Cedar Trails Housing Improvement Area file a written objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Ch. 428A.13. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. First read at a regular meeting of the Council of the City of St. Louis Park held on October 7, 2002 and finally read, approved and adopted and ordered published at a regular meeting of said Council on ________________, 2002. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 100702 - 6a - Cedar Trails Housing Improvement Area Page 17 of 17 EXHIBIT A TO ORDINANCE NO. _____ Legal Description Of The Underlying Land – Cedar Trails Condominiums Tract A, Registered Land Survey No. 1228, files of Registrar of Titles, Hennepin County, Minnesota. Subject to an easement for Cedar Lake Road. Subject to easements for sanitary sewer and storm sewer purposes. That part of the South half of the Southeast quarter of Section 30, Township 29, Range 24, described as commencing at the southeasterly corner of Tract D, Registered Land Survey No. 1228, files of Registrar of Titles, County of Hennepin; thence Northeasterly along the Northwesterly right-of-way line of the Great Northern Railway Company, a distance of 872 feet; thence Northwesterly, at a right angle, 190 feet; thence Southwesterly at a right angle 793.08 feet to the point of beginning; thence Northwesterly, deflecting to the right 72 degrees, 42 minutes, a distance of 162.4 feet; thence Westerly deflecting to the left, 56 degrees, a distance of 174.9 feet; thence Southerly at a right angle 171.98 feet to the Southeast corner of Tract C, Registered Land Survey No. 1228; thence Easterly to the point of beginning, except the Southeasterly 60 feet of the above-described tract. As measured at right angles to the Southerly boundary line thereof, together with a perpetual easement over and across the last described 60 feet, together with a quit claim deed for a permanent easement over and across Tract C, Registered Land Survey No. 1228, files of Registrar of Titles, Hennepin County, Minnesota Subject to an easement for storm sewer purposes. That part of the South half of the Southeast quarter of Section 30, Township 29 North, Range 24 West lying North of the center line of Cedar Lake Road and West of a line drawn Southerly from and perpendicular to the North line of said South half of the Southeast quarter from a point in said North line distant 664.00 feet East of the Northwest corner of said South half of the Southeast quarter, except the North 200.00 feet of the West 253.00 feet thereof. Subject to an easement for Roadway purposes over and across the Westerly 33.00 feet thereof. Subject to easements for sanitary sewer and storm sewer purposes. St. Louis Park City Council Agenda Item: 100702 - 6b - 2002 Local Law Enforcement Block Grant Page 1 of 2 6b. Year 2002 Local Law Enforcement Block Grant Public hearing to inform the public and allow for citizen input regarding the Police Department budget and the relation of that budget to Local Law Enforcement Block Grant fund disbursement. As a recipient of a Local Law Enforcement Block Grant Program award, the St. Louis Park Police Department is requesting disbursement of $14,747.00 in grant funds from the U.S. Department of Justice to be used for career development training for department personnel Recommended Action: Mayor to close public hearing. Motion to approve grant fund award. Background: The Bureau of Justice Assistance has approved the City of St. Louis Park’s application for funding under the Local Law Enforcement Block Grant Program (LLEBG) in the amount of $14,747.00. The purpose of the LLEBG Program is to reduce crime and improve public safety. Recipients must agree to comply with special conditions which include the formation of a community advisory board to review and endorse the proposed use of funds. This advisory board was organized and met on August 21, 2002 at which time they gave unanimous endorsement to the use of these funds for personnel career development training. In accordance with the award’s special conditions, recipients must also deposit the funds in an interest bearing trust fund for allowable expenses. Recipients must also agree to hold a public hearing prior to the obligation of any funds to allow for citizen input regarding the proposed use of these grant funds in relation to the organization’s budget. Recommendation: Motion to approve grant fund award. Attachments: Public Hearing Notice Grant application (supplement) Minutes of Community Advisory Board meeting (supplement) Prepared by: John D. Luse, Chief of Police Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 6b - 2002 Local Law Enforcement Block Grant Page 2 of 2 NOTICE OF PUBLIC HEARING ON PROPOSED USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT NOTICE IS HEREBY GIVEN that the St. Louis Park City Council will meet at City Hall, 5005 Minnetonka Boulevard, on Monday, October 7, 2002, at 7:30 p.m. to conduct a public hearing on the proposed use of funds in relation to its entire budget. This grant is being awarded from the U.S. Department of Justice-Local Law Enforcement Block Grants Program. Auxiliary Aides for persons with disabilities to assist in participation at the meeting are available upon request at least 96 hours in advance. Please call the Human Resources Secretary at 952-924-2520 to make arrangements. If you have any questions, contact the St. Louis Park Police Department at 924-2131. Cindy Reichert City Clerk Publish: Sept. 19 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 1 of 18 6c. Public Hearing to Consider Resolution Setting City Fees Each year a public hearing will be held to consider fees called for by ordinance. Fees are listed in resolution format and are codified into Appendix A of the City Code Recommended Action: Mayor to close public hearing. Motion to adopt the resolution setting fees. Background: On January 2, 2002, Council adopted code provisions regarding setting of fees. These ordinance provisions are included in Chapter 1: General Provisions of the Municipal Code and apply only to fees called for by ordinance. Administrative fees which are set by Department Directors for other programs and services performed are not included in the annual fee resolution. Fees are set by resolution and are reviewed and reestablished annually at a public hearing. New fees can be established and existing fees can be modified by ordinance at any time during the year. In that case, a corresponding resolution setting the fee is adopted along with the ordinance and codified into Appendix A as updates occur. Fee Adjustments During the study session of September 23, Council was informed that there would be no changes from the 2002 fees. Upon further discussion, it has been determined that some minor revisions would be appropriate and are therefore being recommended. A summary of those fee changes with justification follows: Type: Building and Fire Protection Permits Description: Applies only to Permits where job valuation is over $1,000,000 Current Fee: $5608.75 for the first $1,000,000 plus $3.65 for each additional $1,000 or fraction thereof Proposed Fee: $5608.75 for the first $1,000,000 plus $4.25 for each additional $1,000 or fraction thereof Justification: The current fee table was originally based on the 1997 edition of the Uniform Bldg Code. Permit costs are based on building valuation and the table is highly regressive1 in structure. This proposed change slightly increases revenues for buildings over $1 million to compensate for significant amounts of inspection time and issues occurring with these larger projects. Type: Business License Description: Lodging (hotel/motel) unit fee Current Fee: $2.75 per unit 1 Regressive: Higher value = lower fee per $ value of work St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 2 of 18 Proposed Fee: $3.75 per unit Justification: This fee increase is an interim step in a multi-year effort to better align fees to services. This fee is expected to increase further following the 2003 fee study. The time spent on inspections of individual lodging rooms is similar to time spend on inspections of apartments. The fee, however, had traditionally been set at a lower rate. Type: Food and Beverage Equipment License Description: Installation of Food and Beverage Equipment Current Fee: $50 + 1% of valuation of equipment job cost Proposed Fee: $50 + 1.75% of valuation of equipment job cost Justification: The increase brings the cost of this service into alignment with other inspection fees and is more reflective of city cost Type: Public or private swimming pools Description: Above Ground Pools and Spas only Current Fee: Building Permit Fees Apply Proposed Fee: $50 Justification: Use of the Building Permit Fee structure results in unreasonably high permit fees for these relatively simple installations. This change will lower the cost of this permit New Legislative Requirements: A 2001 Minnesota law change now requires municipalities to report expenses associated with construction and development fees. This law was enacted to ensure that fees charged are fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed. In addition, each municipality must adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected. MS 16B.685 requires that each municipality report on an annual basis (by April 1) all construction and development related fees collected by the municipality from developers, builders, and subcontractors. The contents of the annual report must include the following: • The number and valuation of units for which fees were paid • The amount of building permit fees, plan review fees, administrative fees, engineering fees, infrastructure fees, and other construction and development-related fees • The expenses associated with the municipal activities for which fees were collected. Because most accounting systems are not designed to easily capture all information required in the annual report, it will be necessary for Finance to work closely with departments to complete a thorough analysis. The revenue-related portion of the report and direct expenses such as related departmental costs, will be readily attainable from our accounting system. The indirect St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 3 of 18 costs such as administrative support, supervisory labor costs, depreciation, benefits, cross- departmental participation, and other general overhead costs will need to be identified. These expenses will then be included as general overhead and an allocation of these expenses will be included as part of the cost analysis for each fee. Over the next several months, Finance will work with other departments to conduct a thorough cost analysis of all the fees charged by the City. This cost analysis will determine if these fees reflect a charge that is "fair, reasonable, and proportionate" to the actual cost of the service we provide. Upon completion of the analysis (early 2003), a review will be conducted to determine if the fee amounts will need to be adjusted going forward. Our first annual report will be filed by April 1, 2003. Once submitted, these reports are filed at the Department of Administration to be available for review by parties requesting justification of a set fee. Attachment: Resolution (Appendix A of City Code) Prepared by: Cynthia Reichert, City Clerk Jodi Bursheim, Assistant Finance Director Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 4 of 18 RESOLUTION NO. 02-____ RESOLUTION ESTABLISHING 2003 FEES FOR THE CITY OF ST. LOUIS PARK WHERE AS, Fees called for within individual provisions of the City Code are set by resolution of the City Council and listed as appendix A of the City Code; and WHEREAS, Fees have been reviewed and a notice of public hearing has been published in the official newspaper; and WHEREAS, MN Statute 16B.685 was enacted in 2002 to ensure that fees charged are fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed and, each municipality must adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected; and WHEREAS, the City of St. Louis Park is working toward compliance with said statute and will make recommendations for new fees during 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that fees listed below are hereby established for calendar year 2003; and LET IT BE FURTHER RESOLVED, that following a study to be conducted by the City’s Finance Department, a public hearing regarding 2003 fees and fees in general may be held at a future date to consider adjustments necessary to comply with statute. 2003 FEE SCHEDULE Type Section Requiring Description Fee General provisions Administrative penalties* 1-14 Snow removal Failure to remove snow from sidewalk $25.00 Utilities Failure to allow access by city for inspection or meter reading Failure to comply with water restrictions Failure to make utility repair as ordered by city $25.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 5 of 18 *Section 1-14(i), subsequent offenses, states that: In the event a party is charged with a subsequent administrative offense within a 12-month period of paying a penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by $10.00 above the previous administrative penalty. Alcohol Liquor license 3-59 3.2 nonintox on-sale $750.00 3.2 nonintox off-sale $100.00 On-sale intox $7,500.00 Sunday sale Club $200.00 0--200 members $300.00 201--500 $500.00 501--1,000 $650.00 1,001--2,000 $800.00 2,001--4,000 $1,000.00 4,001--6,000 $2,000.00 6,000+ $3,000.00 Wine $2,000.00 Intox off-sale $200.00 Temp on-sale and off-sale licenses $50.00/day New applicant investigation fee $1,000.00 Store manager change investigation fee $500.00 Animals Animal impound 4-88 Initial animal impoundment penalty $35.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 6 of 18 First offense following initial impoundment during a 12-month period $20.00 Second offense following initial impoundment during a 12-month period $30.00 Third and each subsequent impoundment during the 12-month period $60.00 Fee per day for boarding animal during impoundment $10.00 Buildings and building regulations Building and fire protection permits 6-32 Up to $500.00 $35.50 $500.01 to $2,000.00 $35.50 for the first $500.00 plus $2.25 for each additional $100.00 or fraction thereof, up to and including $2,000.00 $2,000.01 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, up to and including $25,000.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 7 of 18 $25,000.01 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, up to and including $50,000.00 $50,000.01 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, up to and including $100,000.00 $100,000.01 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, up to and including $500,000.00 $500,000.01 to $1,000,000.00 $3233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, up to and including $1,000,000.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 8 of 18 $1,000,000.01 and up $5608.75 for the first $1,000,000 plus $4.25 for each additional $1,000.00 or fraction thereof Public or private swimming pools (from sections 12-1, 12-2) 6-32 Permit fees – in-ground constructed pools Permit Fees – above-ground pools and spas Building permit fees apply $50 Plan review 6-32 When applicable: 65% of building/fire permit fee Single-family interior remodel only: 35% of building permit fee Electrical permit 6-32 Installation, replacement, repair $35.00 plus 1.75% of job valuation Exception for single-family dwellings: Installation, replacement or repair of a single appliance $35.00 Mechanical permit 6-32 Installation, replacement or repair: $35.00 plus 1.75% of job valuation Exceptions for single-family dwellings: 1. Replacement of furnace, boiler or furnace and air conditioner $50.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 9 of 18 2. Installation of single fuel burning appliance including fuel piping to the appliance $50.00 3. Installation, replacement or repair of single mechanical appliance not included in 1 or 2 $35.00 Plumbing permit 6-32 Installation, replacement or repair: $35.00 plus 1.75% of job valuation Exception for single-family dwellings: 1. Installation, replacement or repair of single plumbing fixture if connected to existing piping $35.00 Sewer and water permit 6-32 Installation, replacement or repair: $35.00 plus 1.75% of job valuation Exception for single-family dwellings: 1. Repair or replacement of single sewer or water service $35.00 Tent permit 6-32 Tent over 200 sq. ft. $75.00 Canopies over 400 sq. ft. $75.00 Certificate of occupancy 6-69 Change of use St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 10 of 18 All buildings other than one and two-family dwellings: Up to 25,000 sq. ft., $250.00; 25,001 to 75,000 sq. ft., $350.00; 75,001 to 150,000 sq. ft., $500.00 150,001 sq. ft. and above, $750.00 Certificate of property maintenance 6-177 Change in ownership One and two-family dwellings: $150.00 All other buildings: Up to 25,000 sq. ft., $250.00; 25,001 to 75,000 sq. ft., $350.00; 75,001 to 150,000 sq. ft., $500.00; 150,001 sq. ft. and above, $750.00 Businesses and Licenses Contractor license 8-66 Mechanical contractor license $85.00 Competency test (housing, mech.) $25.00 Competency renewal--3-year (mech.) $15.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 11 of 18 Solid waste collection license $175.00 Vehicle decal per vehicle $15.00 Tree maintenance and removal license $50.00 Vehicle decal per vehicle $5.00 Business license 8-66 Late fee $25.00 or 20% of annual fee (greater) Transfer of ownership $50.00 Commercial entertainment $250.00 Courtesy bench $35.00 each Environmental emissions $125.00 Food and beverage Class H+ $775.00 Class H $565.00 Class M $355.00 Class L $145.00 Class V--food vending per machine $15.00 Public sanitary facilities Class I $750.00 Class II $275.00 Class III $200.00 Massage therapy establishment $125.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 12 of 18 Lodging (hotel/motel) Building fee $85.00 Unit fee $3.75 Multiple-family rental housing Building fee $85.00 Unit fee $4.75 Sexually oriented business Investigation fee (high impact) $500.00 High impact $4,500.00 Limited impact $125.00 Tobacco products and tobacco related devices sales $250.00 Vehicle parking facilities Parking ramp $95.00 Enclosed parking $150.00 Pawnbrokers $250.00 Dog kennel $125.00 Billboards $125.00 Temporary use permits 8-66 Temporary food service (3+ days) $125.00 Temporary food service (1--3 days) $75.00 Temporary outdoor retail sales $100.00 Circuses, carnivals and amusement rides $250.00 Petting zoos $50.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 13 of 18 Solicitor/peddler registration $50.00 Commercial film production application $50.00 Construction debris container (dumpster) $15.00 Temporary noise permit $40.00 Temporary noise permit (from section 12-121) $40.00 Tobacco sales violation 8-378 Administrative penalty $250.00 first offense $500.00 second violation in 12- month period Dog license 8-626 Dog license--1 year $15.00 Dog license--2 year $25.00 Dog license--3 year $35.00 Penalty for no license $35.00 Environment Food and beverage equipment 12-1 Installation of food and beverage equipment (used equipment valued as if new for fee calculation) $50.00 + 1.75% of valuation of equipment job cost Noise 12-121 Temporary noise permit $40.00 Fire Prevention and Protection Fireworks 14-103 Fireworks display permit Actual costs incurred by fire department in providing standby service Law Enforcement St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 14 of 18 Criminal history background investigation 16-34 Criminal history background investigation--outside agency or individual $5.00 Offenses and Miscellaneous Provisions False alarm 18-153 First false alarm $0.00 Each subsequent in same calendar year $90.00 Late payment penalty 10% Solid Waste Management Solid waste 22-37 Garbage/refuse collection (two-plus cans) $40.50/quarter Garbage/refuse collection (one can) $30.50/quarter Late payment penalty 10% of amount due Streets, Sidewalks, and Other Public Places Deed transfer 24-92 Recording with Hennepin County Cost of recording plus $120.00 Vacations 24-122 Street, alley, utility easement vacations $200.00 Installation/repai r of sidewalk, curb cut or curb and gutter 24-153 Permit Permit with engineering service/staking $60.00/100 linear feet $120.00 per site Excavations 24-192 Roadway--hole permit $60.00 per site Roadway--trenching $60.00 per 30 linear ft. Boulevard $35.00 per 100 linear ft. (min. $35.00) St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 15 of 18 Work in public right-of-way 24-251 Roadway--hole permit $60.00 per hole Roadway--trenching $60.00 per 30 linear ft. Boulevard $35.00 per 100 linear ft. (min. $35.00) Subdivisions Lot subdivisions 26-42 Application fee: R-1, R-2 and R-3 districts (preliminary and final plat) $150.00 plus $25.00 for each lot over four, not to exceed $1,200.00 Application fee: all other districts (preliminary and final plat) $360.00 plus $55.00 for each acre over four, not to exceed $2,400.00 Utilities Utilities 32-31 Water and service charge rates $0.696 per 100 cubic feet (see table below) Late payment fee 10% of charge Meter Size Code Meter Size (in inches) Monthly 1 5/8 $ 3.63 $ 5.60 2 3/4 4.08 6.80 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 16 of 18 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 Type Section Requiring Description Fee 32-32 Service connection fee $0.03 per 100 cubic feet 32-98 Sewer service $1.38 per 100 cubic feet 32-98 Sewer service charge--monthly $3.55 32-98 Sewer service charge--quarterly $10.65 Zoning Zoning interpretation or appeal 36-31 and 36-33 Boards of zoning appeals or city council $200.00 Zoning applications 36-34 and 36-54 CUP, PUD, zoning map/text, comp. plan map/text, official map $500.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 17 of 18 Major amendment $500.00 Minor amendment $200.00 Variance application $135.00--single- family residence $200.00--other uses Time extension $75.00 Filing fee (all applications) $50.00--single- family residence $120.00--other uses Erosion control plan 36-80 Application and review $100.00 Tree replacement 36-81 Cash-in-lieu of replacement trees $90.00/caliper inch Zoning permit 36-162 Accessory structures (sheds) 120 sq. ft. or less $25.00 Traffic management plan 36-339 Administrative fee $0.10 per sq. ft. of gross floor area Parking lot permit 32-361 Installation/reconstruction $75.00 Sign permit 36-362 Installation of permanent sign $75.00 St. Louis Park City Council Agenda Item: 100702 - 6c - Fee Schedule Page 18 of 18 Installation of permanent sign with footing inspection $100.00 Erection of temporary sign $30.00 Erection of real estate or construction sign over 40 feet $30.00 Fence permit 36-364 Fence installation $15.00 Reviewed for Administration Adopted by the City Council October 7, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 1 of 16 8a. Request by Village Green Companies for a minor amendment to an existing Special Permit to allow changes to the approved building elevations and landscape plan at 301 Shelard Parkway. Case No. 02-55-CUP Recommended Action: Motion to adopt a resolution approving the minor amendment to the continued Special Permit subject to the conditions in the resolution Background: On November 16, 1970, the St. Louis Park City Council adopted Resolution # 4091 granting approval of a special permit to develop a 4 story, 186 unit apartment building at 301 Shelard Parkway. On November 2, 1981, the City Council passed Resolution #7002 granting an amendment to the Special permit allowing an expansion to the westerly parking lot. This parking lot expansion was not constructed. Village Green recently acquired this apartment complex. As part of a remodeling project for the apartment complex, the applicant is proposing to amend the landscape plan. Other projects at this property include interior changes & repair & paint building elevations, Which require only administrative approval. The proposed resolution (attached) is for a minor amendment to the existing special permit to incorporate the proposed landscaping to the site. Analysis: Does the proposal meet the Zoning Code requirements for amending a Special Permit? Properties subject to a continued special permit may be remodeled, re-landscaped, etc. However the property must comply with all the provision of that special permit. In addition any modification cannot result in an intensification of any existing nonconformities. The Zoning Code also requires that when amendments are made to existing special permit, that any nonconformities on the property be brought up to the current Code standards to the extent reasonable and possible. Minor amendments are permitted in cases where the changes do not increase density or result in off-site impacts. The applicant is proposing to incorporate enhancements to the existing landscaping in four areas of the property including the courtyard, along the north and west entrances and to the southeast portion of the building and parking lot. In reviewing the applicant’s proposal, staff found the property is not in compliance with the approved plans in the 1970 special permit. Specifically, the existing landscaping is not in conformance with the approved landscaping plan. A majority of the approved evergreen trees along the perimeter of the site were not planted, in addition to plantings intended to screen the east parking lot. To bring the proposed plan into conformance with approved landscape plan (Exhibit Z) staff recommends the proposed plan be rearranged to incorporate the following changes. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 2 of 16 • Add clusters of 22 evergreens to the north of the building similar to those shown on the approved landscape plan. • Provide clusters of evergreens along the east property line to in-fill the areas void of vegetation. Staff does not believe that this location could support 12 evergreens as originally approved due to the placement of existing trees on the adjacent property. Staff recommends the applicant work with staff to plant as many evergreens as reasonable on the east property line. • The original plan approved 30 Hopa Crab trees south of the eastern parking lot (the crab trees were not planted), however because this is a low wet area, this species would not survive. The City Environmental Coordinator advised that Red Maple, or Swamp White Oak would be better suited to this area. Staff recommends the applicant incorporate similar types of trees in this location. • Evergreen trees were not planted along the western property line adjacent to the parking lot as originally approved. The Environmental Coordinator stated that the topography of one portion of this area may limit the placement of evergreens, otherwise this would be a good location for them. Staff recommends the applicant add evergreens to the west of the parking lot similar to those shown on the approved plan. The applicant is aware of staff’s recommendations and is willing to work with staff to rearrange the proposed plan so that the landscaping complies with the Special Permit. Staff is recommending as a condition of approval that the applicant revise the proposed landscape plan subject to recommendations previously stated and that these plans be submitted and approved by the Zoning Administrator. Other: As part of the City’s sidewalk enhancement plan, a sidewalk is proposed to be installed along the southern side of Shelard Parkway. The City does require a small easement for this sidewalk in the north corner of the subject property. Staff recommends that the applicant dedicate a permanent easement for such sidewalk. As stated earlier, the applicant did recently acquire this property and is currently working on renovations to the property both interior and exterior. Staff has worked with the applicant regarding modifications to the exterior of the building. The existing siding is nonconforming with the City’s architectural ordinance. However, it can be maintained and repaired. A building permit to replace and repair a portion of the existing siding was issued. All new siding will match the existing. The applicant has also proposed to repaint the exterior. Since the architectural ordinance limits bright, pure accent colors, staff is also requiring that colored paint samples must be submitted and the Zoning Administrator must approve any new paint color. Additional modifications to the building elevations have also been discussed. Any substantial changes to the building exterior would be brought back to the Council for approval. Recommendation: Staff recommends approval of the minor amendment to the existing Special Permit, subject to the conditions in the resolution. (The amendments to the original resolution are underlined.) St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 3 of 16 Attachments: Proposed Resolution Site Map Exhibit Z, Approved Landscape Plan (Supplement) Proposed landscape plans (Supplement) Prepared By: Julie Grove, Associate Planner Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 4 of 16 RESOLUTION NO. ____ Amends and Restates Resolution Nos. 7002, 6983, 6808, 6767 and 6633 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 7002 ADOPTED ON NOVEMBER 2, 1981 AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW MODIFICATIONS TO THE LANDSCAPE EXHIBITS FOR PROPERTY LOCATED IN THE R-C MULTI-FAMILY RESIDENTIAL DISTRICT AT 301 SHELARD PARKWAY FINDINGS WHEREAS Village Green Companies has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(40 of the St. Louis Park Ordinance Code to allow modifications to the approved landscape plan at 301 Shelard Parkway within a R-C Multi-Family Residential Zoning District having the following legal description: Shelard Park WHEREAS, the City Council has considered the information related to Planning Case Nos. 70-48-SP, 81-100-SP and 02-55-CUP and the effect of the proposed modifications to the landscape plan 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 3907 of the St. Louis Park City Council dated February 2, 1970 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 7002 of the St. Louis Park City Council dated November 2, 1981 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 3907 and amended by Resolution No. 7002 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case File 02-55-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 5 of 16 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 7002 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to the landscape plan within the R-C Multi- Family Residential District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with the following exhibits; Exhibit A-1, General Site Plan; Exhibit B, Final Plat of Shelard Park, except as hereinafter modified. 2. The total number of dwelling units on Lot 1, Block 1; Lot 2, Block 2; Lots 1, 2 and 3, Block 3; Lot 1, Block 4; Lots 1 and 2, Block 5 shall not exceed 1508 units. The combined floor area ratio for these lots shall not exceed 1.2; the ground floor area ratio shall not exceed .2. Each dwelling unit shall be provided with 275 square feet of usable open space, 165.5 square feet per unit of which shall be provided by the 6.7 acre park. 3. All dwelling units shall be above the grade of any land within 25 feet of all faces of the building. 4. Curb cuts shall not be permitted within 150 feet of any intersection for properties in the B-2 District. 5. No curb cuts are permitted on the northerly property line of Lot 3, Block 8, unless a median strip is constructed in such a way to prohibit left turns. 6. Curb cuts shall not be permitted within 125 feet of any intersection for properties in the R-B District. 7. All electric, gas, sewer, telephone and water services shall be underground. 8. Driveway slopes at pedestrian ways shall not exceed a grade of 3 percent. 9. A parkway strip shall be constructed along the north side of Shelard Parkway to control access thereto until such time as there shall be an agreement between St. Louis Park and Plymouth for joint use, access, construction and maintenance thereof and until necessary street right-of-way in Plymouth is duly dedicated. No access to that portion of Shelard Parkway in St. Louis Park shall be permitted from Plymouth unless authorized by the City Council of the City of St. Louis Park. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 6 of 16 10. At least one bus stop area shall be provided (if the City and MTC authorize the stop) and maintained on the north side of Highway 12 between Ford Road and Shelard Parkway until such time as the service road system is removed. 11. All conveyance of any part or all lands within Shelard Park shall by covenant restrict the use of each lot to the use shown on the General Site Plan, Exhibit A-1, and the conditions of this special permit. 12. The perimeter of all parking lots, driveways, and internal roads shall have concrete curbing of the B-6 type, except at pedestrian ways. 13. Lot 3, Block 7, Shelard Park shall be developed, used and maintained in accordance with Exhibit G, Site Plan, Planting Plan; Exhibit I, Elevation Plan- North and East; Exhibit J, Lower Level Parking Plan; and Exhibit K, Drainage Plan except as hereafter modified and subject to the following conditions: (a) The Pedestrian ways within the parking areas as shown on Exhibit G shall be physically and clearly delineated through use of a surfacing material different than the adjacent parking area. (b) All improvements including landscaping, striping, surfacing, pedestrian ways, buildings, benches, sidewalks, etc., as indicated on the plan, shall be completed by December 31, 1970, or 30 days after receiving an occupancy permit, whichever occurs first. 14. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of said Lot 1, distance 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained in accordance with Exhibit L, Plot Plan; Exhibit M, Landscape Plan; Exhibit N, Drainage Plan; Exhibit O, South and East Elevation; Exhibit P, Basement Plan and Pool Building; except as hereinafter modified and subject to the following condition: (a) All improvements including landscaping, striping, surfacing, buildings, recreational facilities, and pedestrian ways as indicated on the plan shall be completed by June 15, 1972. 15. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of said Lot 1, distant 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained for a full 3-story, 126-unit apartment building in accordance with Exhibit S, Site Plan; Exhibit T, Landscape Plan; Exhibit U, West-North-East Elevation, Wing A; Exhibit V, South-North- St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 7 of 16 West Elevation, Wing B; and Exhibit W, Grading Plan; except as hereinafter modified and subject to the following conditions: (a) Additional topographic mounds or other suitable treatment shall be included in the side yards area adjacent to Ford Road. (b) The area designated as an outdoor tennis court on the site plan shall be retained on the site and in addition an imaginative play space for the nursery school and the entire Shelard Park development shall be developed on the site to the east of the tennis courts. (c) All improvements including landscaping, striping, surfacing, concrete curbs, buildings, on-site recreational facilities and all other items on the exhibits shall be completed by June 10, 1972. 16. That Lot 1, Block 3, Shelard Park shall be developed, used and maintained for a 4-story, 186-unit apartment building in accordance with Exhibit X, Site Plan; Exhibit Y, Drainage Plan; Exhibit Z, Landscape Plan; Exhibit AA, View of Entry; Exhibit BB, Elevation Plan; and Exhibit CC, Typical Elevations; except as hereinafter modified and subject to the following conditions: (a) All improvements including landscaping, striping, surfacing, curbs, buildings, improvements of open space and other items on the Exhibits shall be completed by December 10, 1971. Exhibit Z, Landscape Plan is modified by Exhibit DD. 17. Because Lot 1, Block 3, exceeds the agreed-upon units by two, Lot 1, Block 4, is hereby limited to 198 units instead of 200 units. 18. That Lot 2, Block 7, Shelard Park, Hennepin County, Minnesota, and that part of Lot 1, Block 7, Shelard Park, lying easterly of a line drawn from a point on the north line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.97 feet westerly of the southeast corner of said lot shall be developed, used and maintained in accordance with Exhibit GG, Data Sheet; Exhibit HH, Landscape Plan; Exhibit II-JJ, Paving Plan/Grading Plan (Exhibits GG, HH, II-JJ, all dated June 26, 1980); Exhibit KK, West Elevation and East Elevation; Exhibit LL, North Elevation and South Elevation; Exhibit MM, Parking Staging Plan; Exhibit NN, Arcade/Restaurant Elevation Plan; Exhibit 00, Parking Ramp Floor Plans, pages 1-4; Exhibit PP, Office Floor Plans, pages 1-6; Exhibit QQ, Building Section, and subject to the following conditions: (a) All rooftop equipment shall be screened. (b) There shall be no outside storage of trash, storage containers, equipment, materials or similar items. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 8 of 16 (c) The reduction from the required off-street parking provision is hereby permitted for property included in this condition with the understanding that adequate off-street parking is the responsibility of the property owner and in no case will designated plaza or landscaped area as contained on the site plan be considered or used for parking. (d) The office tower shall be fully sprinkled throughout with an automatic wet system. (e) The staging of construction of building and parking facilities shall be in accordance with Exhibit MM, and all improvements on the site as shown on the exhibits and including the parking ramp, striping, fire lanes and the removal of temporary parking as shown on Exhibit MM shall be completed by November 1, 1975. Landscaping shall be completed by September 17, 1976. 19. That parking and directional signs be permitted in accordance with Exhibit UU, Parking/Directional Sign Sheet SS7; Exhibit VV, Parking/Directional Sign Sheet SS8; Exhibit WW, Sign Location Plan for Tower and Ramp, Sheet SS2; Exhibit XX, Sign Location Plan for Tower and Ramp, Sheet SS3; Exhibit YY, Sign Location Plan for Arcade, Sheet SS5; received May 9, 1975, with the following conditions: (a) The mounting height of parking and directional signs shall not exceed a mounting height, in the case of free-standing signs, of 42 inches, except for stop and yield signs. (b) The words “Bar-Restaurant” shall be added to the Hippogriff sign in place of the logo on Exhibit YY. (c) The bank sign shown on Exhibit WW shall be deleted. 20. That a motor fuel station be permitted at the southwest corner of the parking ramp on the first floor in accordance with the following conditions: (a) The Parking ramp shall be modified to contain the station in accordance with Exhibit ZZ, Tank and Vent Plan; and Exhibit AAA, Floor Plan. (b) There shall be no advertising signs or identification signs of the facility on the exterior of any of the buildings in Shelard Park, nor shall there be any free-standing sign in Shelard Park identifying or advertising this use, nor shall signs be located within the structure which shall be visible from the exterior of the building identifying or advertising the use. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 9 of 16 (c) The gasoline sales will be operated by General Mills Automotive Service Center in conjunction with their existing center at their home office. The facility will pump gasoline only and schedule cars to be taken out of Shelard Park for mechanical work. The service will be available to anyone who wishes to use it; it is not limited to Tower tenants or General Mills personnel. (d) Exterior vents, if any, shall be architecturally treated to be fully integrated with the architecture of the building, and such vents shall be screened from view to the extent possible. (e) All construction, including walls, automatic door closures, tank installation, access facilities to such tanks, and other features included in the exhibits shall be completed on or before June 30, 1976, after which time the site facilities shall be used and maintained as provided for in the special permit. 21. That the first floor of the office tower may be used for retail purposes up to 10,805 square feet, and that the second floor may be used for a Class III restaurant of 7,544 square feet in accordance with the following condition: (a) The floor area of the first and second floor may be used in accordance with Exhibit BBB, Request of Midwestern Finance, Inc. to amend Special Permit to allow certain retail and cafeteria uses in the Shelard Office Tower. 22. That the general plan for Shelard Park, Exhibit A, be amended to allow a hotel on Lot 1, Block 7, convenience retail on Lot 1, Block 6, and office and commercial use on Block 8 without convenience retail, if such convenience retail is provided on Lot 1, Block 6. 23. That Block 8 be developed, used, and maintained in accordance with Exhibit DDD, Building Location, Sheet P3; Exhibit EEE, Grading and Drainage Plan, Sheet P4; Exhibit FFF, Landscape Plan, Sheet P5; Exhibit GGG, Parking Plan, Sheet P6; Exhibit HHH, Lighting Plan, Sheet P7; and Exhibit III, Elevation Plans, Sheets P8, P9, P10, P11 and P12. (a) That the site contain no more than 12,000 square feet of retail space. (b) That all improvements, including buildings, parking, landscaping, pedestrian facilities, and other items as shown on the exhibits be completed by June 15, 1980. 24. Lot 1, Block 1, Shelard Park, shall be developed in accordance with the following conditions: St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 10 of 16 (a) The site shall be developed, used, and maintained in accordance with Exhibit JJJ, Site Plan (dated October 25, 1978); Exhibit KKK, Grading and Topography Plan; Exhibit LLL, Landscape Plan; Exhibit MMM, Elevation Plan; Exhibit NNN, Unit Floor Plans; Exhibit 000, Garage Plans. (b) That all site work, including construction of buildings, parking, landscaping, pool garages, and other items as shown on the exhibits be completed by October 15, 1980. (c) That condition 10 of this resolution shall not apply to Lot 1, Block 1, Shelard Park. 25. A Class II restaurant shall be permitted on Lot 1, Block 6, Shelard Park in accordance with the following conditions: (a) The site shall be developed, used and maintained in accordance with Exhibit PPP, Site Plan/Landscape Plan; Exhibit QQQ, Elevation Plans; and Exhibit RRR, Restaurant Floor Plans, except as amended by Exhibit SSS, Front Elevation and Exhibit TTT, Rear Elevation. (b) All improvements shown on the exhibits shall be completed by December 1, 1979. 26. A condominium development consisting of six buildings and a total of 48 units shall be permitted on Lot 3, Block 3, Shelard Park, in accordance with the following conditions: (a) That the site be developed, used, and maintained in accordance with Exhibit XXX, Site Plan, PA1; Exhibit YYY, Ground Floor Plan, PA2; Exhibit ZZZ, Upper Floor Plan, PA3; Exhibit AAAA, Elevations, PA4; and Exhibit WWW, Planting Plan. (b) That the trees proposed along the westerly lot line be in a separated area delineated by curbing and the base to be landscaped. (c) That provisions be provided for watering the sod and landscape features in the open-space areas by either providing outside water facilities adjacent to the building or some form of water supply to these areas. (d) That the trash container facilities be totally integrated with the architecture of the building and garages, and that such areas provide for total enclosures of such trash facilities. (e) That the street trees required under the subdivision ordinance be planted on or before November 1, 1979. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 11 of 16 (f) That all construction, building, landscaping, parking area, garages, and other elements contained on the exhibits be completed by June 15, 1980. 27. A condominium development consisting of 10 buildings and 80 total units shall be permitted on that part of Lot 1, Block 4, Shelard Park, lying northerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating. in accordance with the following conditions: (a) That the site be developed, used and maintained in accordance with Exhibit A, Site Layout Plan; Exhibit B, Elevation (only); Exhibit C, Planting Plan; Exhibit D, Surfacing Plan. (b) That there shall be no outdoor trash storage. (c) That all construction and improvements be completed by October 15, 1981. 28. That the use on the northerly 185 feet of Lot 1, Block 6, is hereby amended by deleting convenience retail (as described in Condition No. 22) and allowing said property to be used for an office building containing a gross area of 14,068 square feet with the following conditions: (a) The subject site be developed, used, and maintained in accordance with Exhibits XXX-PL1, Building Location; YYY-L1, Planting Concept; and ZZZ-PL3, Elevations. (b) There be no outdoor storage of trash. (c) Concrete curbing be poured in place. (d) All construction of buildings, landscaping, curbing and striping be completed by May 15, 1982. 29. That a ten story office building containing 216,442 square feet, parking ramp, and skyway shall be permitted on the following described property: Lot 1, Block 7, Shelard Park, except that part thereof lying easterly of a line drawn from a point on the North line of said lot distant 64.51 feet St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 12 of 16 westerly of the northeast corner of said lot to a point on the South line of said lot distant 68.97 feet westerly of the southeast corner of said lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota and That part of the east 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117 North, Range 22 West of the 5th Principal Meridian lying southerly of that part of Lot 1, Block 7, Shelard Park, Hennepin County, Minnesota, which lies within said West Half; and lying northerly of a line drawn easterly from and perpendicular to the west line of said east 10 rods, from a point on said west line distant 36 feet southerly, as measured along said west line from the most westerly corner of said Lot 1, to the east line of said West Half and there terminating; all according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used, and maintained in accordance with Exhibit AAA, Site Plan; Exhibit BBB, Topographic Survey Sheet L1; Exhibit CCC, Sheet L2, Grading and Drainage Plan; Exhibit DDD, Landscape Plan Sheet L3; and Exhibit EEE, Electrical and Walkway Plan Sheet E1; and Exhibit FFF, Elevation Plan Sheets A12, 13, 14 and 15. b. That on-street parking on the east side of Ford Road be eliminated. c. That the developer make provision for off-street parking for construction workers during the construction of subject property. d. That an easement be provided, if necessary, to accommodate a transit stop and plaza on Ford Road adjacent to the subject property. e. That the parking ramp contain a minimum of 729 spaces. f. That all improvements, as shown on the exhibits and including, but not limited to, office building, parking ramp, driveway and walkway improvements, plaza, landscaping, and lighting be completed by October 15, 1982. 30. That a thirteen story hotel with a maximum of 309 rooms, a Class I Restaurant and meeting rooms be permitted on the following described property: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 13 of 16 described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and thence terminating. All in Block 4, Shelard Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit GGG, Site Plan; Exhibit HHH, First Floor Plan; Exhibit III, Second Floor Plan; Exhibit JJJ, Typical Upper Floor Plan; Exhibit KKK, West Elevation; Exhibit LLL, South Elevation; Exhibit MMM, North Elevation; Exhibit NNN, East Elevation; Exhibit 000, Landscape Plan; Exhibit PPP, Landscape Plan/Shelard Parkway (with respect to Exhibit PPP, developers, owners and their successors of the Hilton Hotel are responsible for construction, planting, and maintenance and with the option of mixing the percentage of Colorado Spruce and Black Hills Spruce); Exhibit QQQ, Utility, Drainage and Water Augmentation Plan; Exhibit RRR, Sign Plan, South Elevation (with respect to Hilton sign and logo only); and Exhibit SSS (1-4), Lighting. Exhibits HHH, III, and JJJ are to show the general layouts with minor modifications allowed but not to increase the total number of units, total net square footage in the restaurant, lounge or disco area, or the meeting rooms. b. That the maximum number of rooms not be greater than 309; that the restaurant and lounge contain no more than 7,898 square feet of floor area; and that there be no more than 12,602 square feet in meeting rooms. c. That all outdoor parking lot lights mounted higher than eight feet off the ground be directed perpendicular to the ground. d. That there be no outside storage of trash or other materials. e. That access to the frontage road be allowed provided a right turn lane extending at least 100 feet to the east of said access is constructed and provided the City is not required to pay or incur any cost for said access. f. That the developer understands that no on-street parking is to be allowed in Shelard Park and that it is the developer’s responsibility to make provision for off-street parking for the construction workers during development of the project. g. That all improvements including buildings, parking lot, walkways, landscaping and fencing be completed by October 15, 1983. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 14 of 16 31. Use of Lot 1, Block 6, as provided for in Condition No. 28, is hereby amended to permit construction of rooftop equipment as shown on Exhibit ZZZ-PL-4, Elevations. 32. Extension of the westerly parking lot with a 186 unit apartment building located on Lot 1, Block 3, Shelard Park, at 301 Shelard Parkway is hereby permitted subject to the following conditions: a. Prior to construction, a survey be made of this area identifying lot lines to insure the proposed expansion is consistent with plans and does not extend into public park. b. All drainage from the expansion be to the existing storm sewer system in the parking lot. c. That at least eight Colorado Blue Spruce be planted along the westerly, southerly, and southeasterly sides of the proposed expansion in addition to the landscaping originally proposed by the applicant in this subject request. d. The applicant conform to previously approved plans for the subject property by May 15, 1982 or submit an amendment to such plans by March 1, 1982 which, if approved by the City, would supersede the previous plan. e. That the expansion of parking lot and new landscaping adjacent to the expanded parking lot be completed by May 15, 1982. 33. The special permit shall be amended on October 7, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits per condition 16, including Exhibit DD, the revised Landscape Plan as approved by the Zoning Administrator. b. The applicant dedicate a permanent easement for sidewalk installation at the corner of Shelard Parkway and Betty Crocker Drive within 60 days per approval of the Public Works Director and the City Attorney. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 15 of 16 Reviewed for Administration: Adopted by the City Council October 7, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 100702 - 8a - Village Green-Shelard Special Permit Page 16 of 16 LOCATION MAP F O R D R O A D FORD LANE SHELARDPARKW AYSHELARD PARK 301 Shelard Parkway St. Louis Park City Council Agenda Item: 100702 - 8b - Waste Management Contract Extension Page 1 of 3 8b. Contract extension with Waste Management of Minnesota, Inc. for residential solid waste collection – Contract No. 4211. Residential Solid Waste collection contract extension. Recommended Action: Motion to adopt contract extension with Waste Management of Minnesota, Inc. for residential solid waste collection – Contract No. 4211. Background: Since 1997, the City of St. Louis Park has contracted with Waste Management, Inc. (WMI) to provide residential refuse, recycling, and yard waste collection services. This contract expires on September 30, 2002, but contains provisions that allow it to be extended to the mutual benefit of both parties. Over the past year staff has discussed with Council the necessity of extending this contract to allow adequate time to determine what program changes might be appropriate. Based on this, staff has met with WMI and has negotiated a contract extension for Council consideration. Contract Extension Terms: The amendment attached to this report will become effective October 1, 2002 and will extend this contract for a twelve-month period that will expire September 30, 2003. The rates charged for all services provided by WMI increase approximately 3 per cent (same increase as in past years) beginning October 1, 2002. These terms appear acceptable to staff. Discussion: A one-year contract extension is needed to finalize the program changes being considered by the Council, to draft a new contract implementing these changes, and then to negotiate a new contract. Following that, the contractor will need time for equipment procurement, which could take a minimum of 4 to 6 months to obtain. Staff believes that spring or fall is the best times for a new contact start as it relates to yard waste collection. From a contractor’s perspective, winter seems to be the worst time for a contract start. Staff believes program changes and contract negotiations can be completed by next spring, so we have proposed a one- (1) year extension. WMI agrees with the terms of this extension and has signed this amendment. The City Attorney has been involved in the preparation and processing of this amendment and contract extension. Next Steps: Over the past year staff has been before Council on numerous occasions to discuss the Solid Waste program. At these meetings the discussion focused on the following: • Obtaining Council input on the overall program • Determining a process to evaluate contracting for collection services • Contractor performance, customer service, and program performance indicators • Possible program changes and review of the rate structure and fund balance As directed by Council, staff is currently completing the public input process regarding possible program changes. This process has involved notifying the public of proposed program changes St. Louis Park City Council Agenda Item: 100702 - 8b - Waste Management Contract Extension Page 2 of 3 and gathering resident input related to those changes. Staff expects to present this information to Council at the October 21 or 28, 2002 study session. The next steps planned in the contract renewal process are: • Council review of input on proposed program changes October 2002 • Community open house on proposed program changes November 2002 • Final Council review of program changes and input December 2002 • Public hearing and adoption of program changes January 2003 • Development of new contract with program changes February 2003 • Contract negotiations March – April 2003 • Contract approval April 2003 Recommendation: Staff recommends approving the attached amendment authorizing a one- year contract extension for solid waste collection with Waste Management, Inc. through September 30, 2003. Attachment: Agreement No. 4211 – Amendment No. 1 Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Director of Public Works Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 8b - Waste Management Contract Extension Page 3 of 3 AGREEMENT FOR RESIDENTIAL GARBAGE, REFUSE, RECYCLING, AND YARD WASTE COLLECTION SERVICES AGREEMENT NO. 4211 – AMENDMENT NO. 1 This Amendment to the original Agreement is made on the _____ day of October, 2002 between the City of St. Louis Park, a municipal Corporation (“City”) and Waste Management of Minnesota Inc., a Minnesota Corporation (“Contractor”) a wholly owned subsidiary of Waste Management, Inc., a Delaware Corporation. The original agreement was dated September 23, 1997. Section 1 of the original Agreement is hereby modified to revise the terms of the Agreement to be from September 30, 2002 to September 30, 2003. Section A.1.a of Attachment A in the original Agreement is hereby modified to revise the terms of this Agreement to add a sixth year with a rate of $5.28 per unit per month. Section A.1.b of Attachment A in the original Agreement is hereby modified to revise the terms of this Agreement to add a sixth year with a rate of $5.68 per unit per month. Section B.7 of Attachment A in the original Agreement is hereby modified to revise the terms of this Agreement to add a sixth year with a rate of $2.73 per household per month. Section C.5 of Attachment A in the original Agreement is hereby modified to revise the terms of the Agreement to add a sixth year with a rate of $1.10 per household per month. Section D.1 of Attachment A in the original Agreement is hereby modified to revise the terms of this Agreement to add a sixth year with a rate of $21.00 per item per month. Yardwaste Disposal of Exhibit 3 in the original Agreement is hereby modified to revise the terms this Agreement to add a sixth year with a rate of $ 38.06 per ton per month. This amendment has been reviewed by the City Attorney. EXECUTED as to the day and year first above written. CITY OF ST. LOUIS PARK Reviewed for Public Works: __________________________________________________ Jeff Jacobs, Mayor Michael P. Rardin, Director of Public Works WASTE MANAGEMENT OF MINNESOTA, INC. Charles W. Meyer, City Manager By: ______________________________________________ Cynthia D. Reichert, City Clerk Its: ______________________________________________ By: _____________________________________________ Jean McGann, Finance Director Its: _____________________________________________ St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 1 of 10 8c. 2003 –2007 Capital Improvement Program Council to review and consider approval of the 2003 – 2007 Capital Improvement Program. Recommended Action: Motion to adopt resolution approving 2003-2007 Capital Improvement Program (CIP) and amending the Comprehensive Plan to incorporate the CIP. BACKGROUND: The purpose of this memo is to request approval of the City’s improvement and maintenance Capital Improvement Program (CIP) projects for the years 2003 through 2007 and incorporation of the CIP into the City’s Comprehensive Plan. Council initially discussed this item at its June 24 study session. This effort builds upon last year’s program in which the 2002-2006 CIP was compiled, reviewed at a study session, then approved by Council in September 2001. On June 24, Council was generally supportive of the draft CIP, and also requested that staff complete additional work to present financing alternatives including the impact on homeowners to fund many of the projects. Staff also noted that the CIP is a living document, and this year’s five year plan includes additional projects resulting from progress on the parks master plan and public works infrastructure and asset management project. Staff returned to Council at its September 23 study session to present financing alternatives. At this meeting it was also noted that the technology section of the CIP was expanded to include radio and telephone systems. Staff presented two options to finance most of the general obligation-funded projects. Each option was reviewed using the average $170,000 valued home in St. Louis Park. In addition, the report (see attached) included projects in technology, park improvement, and municipal buildings for some of which funding needs to be identified. These projects will be included in the CIP with the funding sources yet to be identified. At the September 23 study session, Council reached the following conclusions: 1. Staff should plan to bring the issue of approval of the CIP to the October 7 Council meeting. 2. The CIP is reviewed and revised each year; thus, approval of this CIP is primarily for 2003 projects. 3. Following approval of the CIP, staff should plan to return to Council with further analysis to finance both G.O.-funded projects and other projects (e.g., technology, parks, and buildings) for which funding needs to be identified. In addition to Council review, the Planning Commission considered the proposed CIP at its July 17 meeting. Staff prepared a comparison of capital improvement projects with major Comprehensive Plan initiatives. The Commission found no conflicts between the two documents. The Commission also recognizes that the CIP will be updated each year with the attempt to reflect additional Comprehensive Plan initiatives, which span out to the year 2020. At that meeting, the St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 2 of 10 Commission voted unanimously to recommend that the City Council adopt a resolution amending the Comprehensive Plan 2000 – 2020 to incorporate the 2003 – 2007 CIP. CAPITAL IMPROVEMENT PROGRAM ELEMENTS: Presented below are some key elements of the CIP process and document. Based on Council feedback, modifications were made to ensure that many “visible” projects, some of which may be sponsored by other governments or more maintenance in nature, are included in the CIP Goals The CIP should: • Improve the management of City assets and infrastructure • Make planned improvements more visible • Improve coordination among City departments and other agencies • Enhance the commitment to complete planned projects • Make resource requirements more predictable • Better align City projects with goals of neighborhoods • Better align project tracking, management, and accounting Scope Broad categories and sources of potential CIP include: • Comprehensive Plan / Improvement (New) Projects • Public Works Infrastructure Assessment and Management Programming Summary* • Parks Master Planning Process Summary* • Rehabilitation / Reconditioning Projects • Redevelopment Projects (often EDA) • Reconstruction Projects • Maintenance Projects • Expansion Projects • Vision St. Louis Park Linked Projects • Shared School District Related Projects • Technology / Equipment Replacements and Additions *new enhancement, now included in 2003-2007 CIP Related Considerations • Input from Public, Council, Staff • Review / Prioritize Projects • Assign Project to Appropriate Year • Timely Council Review / Approval St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 3 of 10 • Adoption of 5-Year CIP with Annual Council Review / Updates There are several elements included in the CIP document (reviewed by Council at its June 24 study session and available for review in the City Clerk’s Office): Parks Master Planning Process Summary Public Works Infrastructure Assessment and Management Programming Summary Project Summaries – Reports of projects by year, department total, and department detail. Funding Summaries – Reports of project revenue summaries and projects by funding source. Operations Summaries – Summary and detail reports of the impact of projects on various operating budgets. Project Detail Sheets – Information Technologies projects are followed by Parks and Rec projects, then Public Works projects. Public EDA-related components of projects typically cross into one or both of Public Works and Parks and Rec. Note that detail sheets also appear for projects that have only operational costs in 2003-2007, though the actual project construction has been completed. RECOMMENDATION: It is recommended that Council adopt the attached resolution approving the 2003-2007 Capital Improvement Program and amending the City’s Comprehensive Plan 2000-2020 to incorporate the CIP. Attachments: September 23, 2002 Study Session Report Resolution Resolution Summary Prepared by: Judie Erickson, Planning Coordinator Clint Pires, Deputy City Manager Approved by: Clint Pires, Deputy City Manager St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 4 of 10 FROM: September 23, 2002 City Council Study Session 3. 2003-2007 Capital Improvement Program (CIP) PURPOSE At its June 24 study session, the Council reviewed the draft 2003 – 2007 Capital Improvement Program and preliminary financing options. Council indicated general support for projects included in the draft document. In addition, staff addressed questions from Council regarding several projects. At that meeting, Council directed staff to develop some options that would compare which projects could be completed with different levels of funding. In addition, Council requested information on the property tax impact to owners from the various options. The purpose of this memo is to provide the above-requested information. The full notebook of CIP project details for the years 2003 through 2007 provided on June 24 is not included with this memo. The notebook is available in the City Clerk’s Office, and will be made available at the study session. In this report, the projects that rely on general obligation bonds are the focus of the analysis as those have the direct impact on the property taxes. TOWARDS A “COMPLETE” CIP It has been the goal of staff to present an “all-in” or complete five-year CIP. Clearly, there is much better information about the specifics of projects anticipated in the earlier years of a five- year program than the later years. Still, because of progress made in the Parks Master Planning process and Public Works Infrastructure Assessment and Management programming, a fuller five-year forecast is a part of this CIP. Cost estimates for technology enhancements and replacements have been incorporated into the analysis. These revolve primarily around computers, telephone systems, and radios. Having said that, there are a number of categories of projects that have not yet been included in the CIP, or are significant enough beyond 2007, and may well have a future impact on financing needs. These include: • Known special CIP projects beyond 2007: - TH 100 construction - Excelsior Blvd (west segment) • Other asset management needs not yet acknowledged: - Streetlights - Signals - Retaining walls - Parking Lots - Guardrails - Buildings Projects are revised each year, and presented to Council during its annual review of the CIP. As important as the projects and related costs is the need to identify anticipated related sources of St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 5 of 10 initial project funds and on-going operating funds. In contemplation of many of these projects, the 2003 annual operating budget was developed to include related operating costs. ALTERNATIVES Following significant deliberation, staff concluded that the best way to present the alternatives was to consider two potential alternative property tax impacts to the average-valued St. Louis Park residence in the context of financing most of the G.O. – funded projects. These alternatives along with financial implications, and the projects that would be included, are presented below. Also included are the projects that would be delayed or otherwise affected as compared to the original draft CIP. Presented below are two alternative financing plans that take into consideration the “average” $170,000 valued home in St. Louis Park and the property tax impact they would experience as a result of the City issuing a General Obligation bond. The alternatives show the amount of bonds that could be issued based on a resident impact of either $100 or $150 per year. $100 Property Tax Increase (average residential home )$150 Property Tax Increase (average residential home ) 1,500,000$ Annual Levy 1,500,000$ Annual Levy 508,500$ Annual Debt Service 1,500,000$ Annual Debt Service Details: Issue General Obligation Debt for period of 10 years. Total Project expenditures = $4,027,950 Hold referendum for $1,500,000 annual levy Details: Issue General Obligation Debt for period of 10 years. Total Project expenditures = $11,990,650 Hold referendum for $1,500,000 annual levy 7,500,000$ 5 years of annual levy 7,500,000$ 5 years of annual levy 4,027,950 General Obligation Debt 11,990,650 General Obligation Debt 11,527,950$ Total available 19,490,650$ Total available 13,949,994$ Total 5-year CIP 13,949,994 Total 5-year CIP (2,422,044)$ CIP overage/(shortfall)5,540,656$ CIP overage/(shortfall) NOTE: An additional bond issue of $5,000,000 in 2009 NOTE: Additional bond issue not necessary Total dollars available for CIP Total dollars available for CIP $100 Plan $150 Plan Option A Option B Listed below are the capital improvement projects that would be completed based on the financing options. This list does not include everything listed in the original CIP document. St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 6 of 10 Nelson Park Improvements 200330900 635,000 635,000 Rec Center Restroom (4) Renovation 200331200 80,000 80,000 Rec Center Roof Replacement 200331400 1,800,000 1,800,000 Street Projects - Local Street Rehab (Area 1)20041000 150,000 1,350,000 1,500,000 Ballfield Lights on Skippy Field (Carpenter Park)200442000 25,000 25,000 Oak Hill Park Building and Shelter Replacement 200440800 630,000 630,000 Oak Hill Park Water Spray Area 200441000 129,000 129,000 Street Improvement Project - W44th Street 20050500 5,000 5,000 90,000 100,000 Street Projects - Local Street Rehab (Area 2)20051000 150,000 1,350,000 1,500,000 Park Building Replacements 200550200 665,000 665,000 Street Projects - Local Street Rehab (Area 3)20061000 150,000 1,350,000 1,500,000 Rotary Northside Park Hockey Rink/Shelter Improvem 200660200 130,500 130,500 Street Projects - Local Street Rehab (Area 4)20071000 150,000 1,350,000 1,500,000 Traffic Signal Project - France Ave @ W39th St.TEMP-0001 36,500 36,500 Sidewalk Improvement Project - Year 2003 20030100 327,575 327,575 Trails Improvement Project - Year 2003 20030200 254,375 254,375 Bikeways Improvement Project - Year 2003 20030300 312,606 312,606 Crossings Improvement Project - Year 2003 20030400 41,938 41,938 Street Improvement Project -Excel Blvd (Dak/TH100)20040400 200,000 1,941,000 2,141,000 Street Projects - Local Street Rehab (Area 5)20081000 150,000 150,000 Street Light Project - W. 33rd St (Idaho-Dakota)20040500 6,500 6,500 Total 3,481,494 2,507,000 4,831,000 1,630,500 1,500,000 13,949,994 Pavement Management Cost at 75% (included in above)150,000 1,500,000 1,500,000 1,500,000 1,350,000 6,150,000 General Obligation Bond if Pavement not included 3,331,494 1,007,000 3,331,000 130,500 150,000 7,799,994 Pushed to 2008 &2008 & Project Description Project #Beyond Beyond Total Playground replacement (4) Parks 200770700 100,000 100,000 Aquatic Park Expansion 200550700 910,000 910,000 Oak Hill Park Frisbee Golf 200440900 45,000 45,000 Westwood Hills Storage Garage 200441400 150,000 150,000 Brickhouse ADA Acessibility 200441400 145,000 145,000 Additional Playground Replacement 100,000 per year 100,000 Redevelop Junior High Site 200,000 200,000 Carpenter Park Irrigation Expansion 60,000 60,000 Tree Replacement 30,000 per year 30,000 Basketball & Tennis Court Resurface/Reconstruct.20,000 per year 20,000 Natural Resource Inventory 50,000 50,000 Total 1,350,000 460,000 1,810,000 Capital Improvement Projects to be Deferred to FutureYears St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 7 of 10 The 5-year Capital Improvement Project program costs indicated above project staff’s best estimate of what construction cost will be in the year of construction. The projects in 2008 and beyond will require adjustment based on inflationary costs. It is difficult to estimate costs any further out than 5 years. OTHER FUNDING CHALLENGES In addition to G.O. funded projects, there are several other areas where funding will be required over the 2003 – 2007 period. These include technology replacement, park improvements, and municipal buildings. A review of dollars needed and dollars currently available for each related fund is presented below: Excess Fund Projected Balance Funding Fund Deficit Allocation Needed Notes Technology Replacement 4,968,308 240,000 4,728,308 A portion of these funds will come from other sources, the exact amount has not been determined. Park Improvement 696,743 260,000 436,743 By allocating fund balance dollars from 2001, the Park Improvement Fund is funded through 2004. Municipal Building 221,028 100,000 121,028 By allocating fund balance dollars from 2001, the Municipal Building fund is funded through 2005. CURRENT SCHEDULE • Coordinate Project Operating Expenses with 2003 Budget Development - June 10 • Staff Development Review Committee Review -- June 10 • Council Study Session I -- June 24 • Planning Commission Review -- July 17 • Council Study Session II – September 23 • Council Approval / Adoption – October 7 • Met Council Submission -- by October 31 • CIP Summary Included in Final 2003 Budget Document -- by December 31 CURRENT NEEDS Council is asked to consider the various alternatives for general obligation bond funding and related projects. Staff will use this information to move the process forward using the schedule above. In addition, staff will continue to develop long-term funding mechanisms related to the technology replacement, park improvement, and municipal building funds throughout beginning this fall. Proposed mechanisms will be presented to Council next year. St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 8 of 10 RESOLUTION NO. _____ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 INCORPORATING CAPITAL IMPROVEMENT PROGRAM (CIP) 2003 - 2007 WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 9 of 10 WHEREAS, fiscal devises such as the City’s 5-year capital improvement program for transportation, utilities, and parks is used as a tool to implement the goals and policies of the Comprehensive Plan, and WHEREAS, the City’s capital improvement program is updated annually to incorporate new projects and new sources of funding, and WHEREAS, the Planning Commission reviewed the Capital Improvement Program 2003 – 2007 and found it to be consistent with the goals and policies of the Comprehensive Plan 2000 – 2020, and WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 to incorporate the Capital Improvement Program 2003 – 2007 on July 17, 2002, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Capital Improvement Program 2003 – 2007 is hereby approved and the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Incorporation of Capital Improvement Program 2003 - 2007 Reviewed for Administration: Adopted by the City Council October 7, 2002 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk 01-40-CP/N:res St. Louis Park City Council Agenda Item: 100702 - 8c - CIP 2003-2007 Page 10 of 10 SUMMARY RESOLUTION NO. _____ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 INCORPORATING CAPITAL IMPROVEMENT PROGRAM (CIP) 2003 - 2007 This resolution states that the City of St. Louis Park’s Capital Improvement Program (CIP) 2003 – 2007 shall be incorporated into the Comprehensive Plan 2000 to the year 2020 This resolution shall take effect upon approval of the amendment by the Metropolitan Council Adopted by the City Council October 7, 2002 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: October 16, 2002