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HomeMy WebLinkAbout2001/04/16 - ADMIN - Agenda Packets - City Council - Regular 1 AGENDA CITY COUNCIL MEETING April 16, 2001 7:30 p.m. 7:00 p.m. - Economic Development Authority 7:25 p.m. - Board of Equalization 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Caring Youth Day Proclamation 3. Approval of Minutes a. City Council Minutes of April 2, 2001 b. Study Session Minutes of March 26, 2001 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. a. Approval of Agenda Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Items 1. Motion to approve the procedure for application to City for Private Activity Revenue Bond Financing. 2 2. Motion to adopt a resolution approving the 2001 neighborhood revitalization grant program applications and authorizing the Mayor and City Manager to execute grant agreements with the neighborhoods. 3. Motion to authorize execution of a contract with Norit Americas, Inc. for the purchase of Granular Activated Carbon (GAC) in the amount of $56,900 for Water Treatment Plant No. 1, (WTP #1) located at 2935 Jersey Avenue South and Water Treatment Plant No. 4 (WTP #4) located at 4601 W. 41st Street 4. 2001 Parks and Recreation Department Capital Improvement Projects Motion to authorize the Mayor and City Manger to enter into an agreement with *(see next page regarding Oak Hill Park), St. Croix Recreation, Miracle Recreation of Minnesota, Flanagan Sales, Inc. and Earl F. Anderson for purchase and installation of play equipment at Oak Hill, Justad, Blackstone and Rainbow Parks with total expenditure for all equipment not to exceed $150, 000 out of the Parks and Recreation Fund and Park Improvement Fund. Motion to authorize Bituminous Roadways, Inc. as the lowest price quote for trail paving at Blackstone Park with expenditures not to exceed $10,930 from the Park Improvement Fund. Motion to authorize the expenditure of $42, 000 out of the Park Improvement Fund, tree preservation and planting allocation, to be used for purchase of 224 trees to be planted on City boulevards. 5. Motion to adopt a resolution amending final plat resolution and extending plat- filing deadline to October 3, 2001 for Kieffer’s Addition 6. Motion to accept the following reports for filing: a. Housing Authority Minutes of March 14, 2001 b. Planning Commission Minutes of March 21, 2001 c. Vendor Claims 7. Motion to approve the Renewal of the Property and Liability Insurance Program as submitted by the League of Minnesota Cities Insurance Trust for the period 4/1/01 through 4/1/02. Insurance Program through the League of Minnesota Cities Insurance Trust for 2001/2002 8. Motion to notify the League of Minnesota Cities Insurance Trust (LMCIT) that the City Council does not waive the municipal tort liability limits for the annual insurance renewal. Action: Motion to approve Consent Items 5. Public Hearings 6. Requests, Petitions, and Communications from the Public 7. Resolutions, Ordinances, Motions 3 7a. Resolution Authorizing the Issuance and Sale of Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A This report considers action by the City Council to adopt a resolution to authorize the issuance and sale of taxable general obligation tax increment refunding bonds, Series 2001A. The proceeds of these bonds will be used to refund certain general obligations of the City. The 2001A Bonds will be paid from tax increment revenues generated by the Excelsior Boulevard, Trunk Highway 7, and Oak Park Village Tax Increment Districts. Recommended Action: Motion to adopt the resolution to authorize the issuance and sale of taxable general obligation tax increment refunding bonds, Series 2001A. 7b. Resolution Authorizing the Issuance and Sale of General Obligation Storm Sewer Revenue Bonds, Series 2001B This report considers action by the Council to adopt a resolution to authorize the issuance and sale of general obligation storm sewer revenue bonds, Series 2001B. The proceeds of these bonds will be used to finance the construction of various Storm Water Utility improvements within the City. The 2001B Bonds will be paid from net revenues of the Storm Water Utility. Recommended Action: Motion to adopt the resolution to authorize the issuance and sale of general obligation storm sewer revenue bonds, Series 2001B. 7c. Conditional Use Permit to permit the removal of more than 400 cubic yards of material to permit the construction of two single-family homes and a structural storm water holding pond for the properties located at 2839 & 2843 Toledo Avenue South Case No. 01-04-CUP Recommended Action: Motion to adopt the Resolution of Approval granting the Conditional Use Permit for the removal of more than 400 cubic yards of fill subject to the conditions in the resolution and authorize the Mayor and City Manager to execute the Development Agreement 8. Boards and Committees 9. Communications 10. Adjournment 4 Item # 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 2, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Planning & Zoning Supervisor (Ms. Jeremiah); Director of Park & Recreation (Ms. Wynn- Kienenberger) Director of Community Development (Mr. Harmening); Planning Coordinator (Ms. Erickson) Zoning Administrator (Mr. Moore); City Clerk (Ms. Reichert) and Deputy City Clerk, (Ms. Stroth). 2. Presentations a. Methodist Hospital Appreciation Proclamation Mayor Jacobs presented a proclamation to Mick Johnson, Senior Vice President for Community Advancement, in recognition of Methodist Hospital’s achievement as one of the 100 top hospitals in the nation. 3. Approval of Minutes a. City Council Minutes of March 19, 2001 The minutes were approved as presented with the following changes: Item 6a, Paragraph 4, last sentence add “ the City Council is the ultimate policy making authority.” 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. Agenda 5 City Manager Meyer recommended Item 7d “First Reading of an Ordinance Amending City Code Chapter 16: Establishing a Food Vending Machine License and various temporary use permits” be removed from the Agenda. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer , to approve the agenda as amended. The motion passed 6-0 4b. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the following Consent Agenda Items. The motion passed 6-0. 1. Approve Second Reading of Ordinance No. 2195-01 authorizing the sale of City- owned property located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA. 2. Approve Second Reading of Ordinance No. 2196-01 amending the Zoning Ordinance to add the land use definitions for Liquor Licenses and update the Land Use Table, approving the summary ordinance, and authorizing publication Case No. 00-62-ZA 3. Adopt Resolution No. 01-027 authorizing execution of documents related to the rehabilitation deferred loan programs 4. Adopt Resolution No. 01-028 correcting the Paid-on-Call Firefighters performance bonus amounts listed in Resolution # 00-140 for 2001 5. Adopt Resolution No. 01-029 authorizing the advertising and bidding for contract sealcoating of public roadways for 2001City Project No. 01-11 6. Motion to accept the following reports for filing: a. Charter Commission Minutes of January 10, 2001 b. Human Rights Commission Minutes of February 21, 2001 c. BOZA Minutes of December 5, 2000 d. Planning Commission Minutes of March 7, 2001 e. Vendor Claims f. Housing Authority Minutes of February 14, 2001 5. Public Hearings - None 6. Requests and Communications from the Public - None 7. Resolutions, Ordinances, Motions 7a. Master Park plan for the Town Green portion of the Park Commons Development. Bridget Wynn-Kienenberger, Director of Park & Recreation, presented a staff report and recommended approval. Damon Farber, Landscape Architect gave a presentation of the Town Green Master Plan of the Park Commons Development. He stressed the organization of the Town Green to create a sense of place and focus for the community, and public art as a major component. 6 Councilmember Nelson asked about the Task Force discussion on the amount of paving verses green space. Mr. Farber stated caution was taken regarding the amount of paving incorporated into the north end. He indicated the need to accommodate the roadway, parking and sidewalks. Mr. Farber stated the major green space should occur in the middle, and that the parking area and sidewalk have a surface material that suggests more of a courtyard type of character. The general impression was that there isn’t too much hard surface. When this area is closed off for booths and kiosks, the hard surfaces will be needed to keep from obliterating the sod. Councilmember Nelson questioned if the width of the green area is sufficient to create a park like character. Mr. Farber responded Wolfe Park is a green park and this is a green link that is park like. Councilmember Sanger asked about bicycle riding and parking in the town green. There are bike paths that are outside the park green, in the arcade and in corners are bike racks, but there is not a dedicated bike path. Councilmember Sanger suggested having more bike storage in Wolf Park. City Manager Meyer, in addition to Wolf Park, the major bike path for the area is along Monterey which would touch the far east end of the Park Commons at 38th Street. Councilmember Brimeyer stated concern about too many trees. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer to approve the Town Green Master Plan portion of the Park Commons development. The motion passed 6-0. Mayor Jacobs thanked the Park & Recreation Department and members of the Task Force. 7b. Request by Ugorets Properties LLC. for Preliminary Plat with variance to eliminate a requirements for a sidewalk for Ugorets Addition. Case No. 01-05- S, 01-14-VAR, 2230 State Hwy 100 South. Resolution No. 01-030 Judie Erickson, Planning Coordinator, presented a staff report and recommended approval of the preliminary plat with a variance and conditions. Councilmember Brimeyer questioned if a trail easement was dedicated for the currently owned property to the west and about pedestrian accessibility to trail. Ms. Erickson responded the currently owned property is not encumbered by the trail, but an easement is being dedicated for the railroad property acquired by the applicant. She stated 7 connection to the regional trail is via a pedestrian bridge that crosses Hwy 100 at 26th Street and a sidewalk east of Hwy 100 along Benilde-St. Margarets. Councilmember Nelson stated support but was concerned about the protection of the future trail including proximity of the building to the trail, building design and roof runoff. Ms. Erickson stated the applicant did receive a variance from the Board of Zoning Appeals and the maintenance and drainage issue can be added in the conditions. It was moved by Councilmember Sanger, seconded by Councilmember Nelson to approve Resolution No. 01-030 with the added condition to reflect proper maintenance and drainage on the trail. The motion passed 6-0. 7c. Conditional Use Permit to permit the removal of more than 400 cubic yards of material to permit the construction of two single-family homes and a structural storm water holding pond for the properties located at 2839 & 2843 Toledo Avenue. Case No. 01-04-CUP Scott Moore, Zoning Administrator, presented a staff report and because of the new information received from the applicant, recommended two resolutions for approval. Both resolutions would state conditions as stated in the staff report, but the second resolution would eliminate conditions 1b and 1c from the staff report. Councilmember Sanger wanted everyone to understand this holding pond was a pit 12-14 feet deep, 30 feet wide by 65 feet long, and that this has never been tried before in a residential community. She was not supportive of trying to squeeze two houses and doing a pit on this property. Ms. Sanger’s four main concerns were as follows: 1. Safety 2. Water drainage, flooding 3. Maintenance 4. Aesthetics Council Member Nelson was not supportive and was concerned about mosquito breeding and how long water would sit in the pond. He also questioned why a wall was needed. Mr. Moore stated this pond is removing portions of the properties that currently flood, and the pump will only be working when we get 100 year events. He indicated this pond will remain dry for the most part. He stated a wall was needed due to the grade change. Marshall Kieffer, applicant, The Kieffer Companies, LLC, noted the following: • 3 wall sides 8 feet high, one side 11-14 feet high. • Holding pond that has been there for 40 years • Current capacity is 6,000 cubic gallons of water • 2842 Salem flooded in 1993 and 1997 8 • New proposal - Spancrete top sealed system with two accesses and top soil • Expect guaranteed bid for new proposal by end of week Councilmember Sanger questioned how water will get into the holding pond, and if there was a plan for insuring obligations of future purchasers to keep this wall maintained. Mr. Kieffer responded the rain would drain through catch basins similar to any drainage system. He stated the pond, responsibility, and insurance would be covered in part of the deed restrictions and also addressed in the development agreement. Mr. Scott, City Attorney stated the requirements including insurance will run with the land and a rider could be done regarding liability. Councilmember Nelson stated support for the closed sealed system proposal. Elaine Levy, 2842 Salem Avenue, stated concern regarding safety and flooding. Mr. Kieffer indicated the proposal would alleviate the current flooding problem. He gave a review of the proposed houses to be built. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to defer the proposal to the April 16 Council meeting and to direct staff to prepare findings with the updated information along with a resolution for the new proposal. The motion passed 6-0. 7d. First Reading of an Ordinance Amending City Code Chapter 16: Establishing a Food Vending Machine License and Various Temporary Use Permits This item was removed from the agenda. 8. Boards and Committees 9. Communications 10. Adjournment Mayor Jacobs adjourned the meeting at 8:43 p.m. City Clerk Mayor 9 Item # 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION March 26, 2001 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Ron Latz, Susan Sanger, Sue Santa, and Mayor Jacobs. Staff present: City Manager (Mr. Meyer), Deputy City Manager (Mr. Pires), Civic Television Coordinator (Mr. Dunlap), Community Television Coordinator (Mr. McHugh), Fire Chief (Mr. Gill), Director of Community Development (Mr. Harmening), Economic Development Coordinator (Mr. Kleve), Planning and Zoning Supervisor (Ms. Jeremiah), Director of Parks and Recreation (Ms. Walsh), Director of Inspections (Mr. Hoffman), and City Clerk (Ms. Reichert). 1. Youth Summit Mayor Jacobs invited the City Council to the Youth Summit on April 30. Ben Johnson, with the Youth Development Committee, stated the mission of their Committee and reported that their membership is comprised of youth between the grades of four and twelve. Nicolas Jacobs, also a member of the Youth Development Committee, reviewed several of the topics to be covered at the Youth Summit such as parks, safe streets, rites of passage, after school activities, role of youth in the community, the Park Commons project, funding of youth programs, and school issues. Ms. Beth Johnson, school staff liaison, explained the topics more in depth. Mayor Jacobs asked that information on the summit be distributed to city and school staff as well as to the various boards and commissions. 2. Telecommunications Commission Annual Report Telecommunications Commission members Bob Jacobson, Ken Huiras, and Dale Hartman were present at the meeting. Senator Steve Kelley was also present at the meeting. Representatives from Time Warner were in attendance. The Commission members presented a summary of the work that was done last year by the Commission. Councilmember Sanger asked about DSL service. Commissioner Huiras replied that there was a problem with Qwest on this issue, and clarified that the City has no legal authority to influence Qwest under current law. Senator Kelley briefed the Council on the technical nature of the problem. 10 Senator Kelley stated that last year’s bill was of concern to cities and a new bill, as drafted at the time of this study session, has different philosophy behind it. He reported that current regulation is focused on the technical issues rather than on function. He felt that private investment is needed so that a reduction in regulatory controls on pricing could occur. He added that the goal of regulation is to provide telecommunication services at an affordable price. He informed Council that the bill is dead for this year but will be brought up again next year. Senator Kelley reported that the new bill would include a tax that would fund the universal service fund and also allow cable companies to receive credit from the franchise fees paid to the cities. An amendment to the bill would keep regulations at the state level. Consumer advocacy and resolution of consumer complaints would be at the city level. He reported that discussions are ongoing. He stated he was unaware of the position of MACTA (Minnesota Association of Cable Telecommunications Administrators). Mr. Dunlap stated that MACTA and Senator Kelley have been meeting, and there had been some movement towards agreement on some issues; however, Mr. Dunlap was not aware of the current level of agreement between Senator Kelley and MACTA on the latest draft. He was aware that the level of agreement had been shifting during the current legislative process. Senator Kelley stated that both the League of Minnesota Cities and the cable companies are close to agreeing with his draft legislation. Senator Kelley stated that a problem remains with the phone portion of the bill. He added that the federal law lags behind the current market. Council agreed the revenue that many Minnesota cities have relied upon from telephone, cable, etc, is diminishing due to the technological improvements. However, they also understood that cable revenues in St. Louis Park, in fact, continue to rise. Council requested that Cable TV staff and Senator Kelley stay in touch on telecommunications legislation. Mr. Dunlap stated he has done that in the past and will continue to do so. Senator Kelley indicated that he stays in touch with City staff through MACTA. 3. Legislative Update Mr. Meyer thanked the legislators for taking the time to attend the meeting. The bill regarding TIF was discussed in regards to the prospects of passage and the implications to the City. Representative Folliard has taken a neutral stance on the issue of Civil Service Commissions and recommended that the issues be resolved locally by City administration and the union coming to full agreement. Senator Kelley felt that there is a solution to this issue, it just has not been found yet. Discussion took place regarding the issues that firefighters have with the loss of the fire civil service commission such as the grievance process (which they have not employed to anyone’s memory), although it was made clear they already have a grievance process in their 11 contract. Another issue of concern is the loss of a forum or opportunity to be heard when policy decisions are made, although the Council was prepared to consider such an advisory committee much like is currently under development for Police. A hearing will be held on the morning March 28th in regards to the additional liquor licenses that St. Louis Park is requesting. Senator Kelley is the chief author of the salary cap bill. The mandated affordable housing goals were discussed. Council agreed that the affordable housing should be evened out in all suburbs with the recognition of those cities that have already reached their goals such as St. Louis Park. 4. Public Art Jack Becker of FORECAST was present at the meeting. Staff would like to discuss with Council the proposed scope of work to be undertaken by FORECAST in regards to a long term public art program as well as the retention of an artist to participate with the developer’s design team for the Town Green. Mr. Meyer spoke about the plan that FORECAST created for the light rail project, stating it was very good and it could be used as a model for St. Louis Park. Councilmember Sanger inquired about private developments and wondered if art could be incorporated into the architecture or public spaces. She asked about corporate art loans or gifts. Council agreed that the services of FORECAST are needed and agreements will be brought forward. Council discussed the possibility of bringing in an artist(s) to assist with the design team in consideration of the Town Green, streetscape, etc. The cost and Council’s willingness to pursue that possibility was discussed. Councilmember Sanger inquired about the possible in-house capabilities of ESG, Project Architect, or Damon Farber as Town Green Designer to do the same. Mr. Cunningham felt the development of public art needed to be a collaborative effort. He added that some in-house expertise exists, but creative input from an artist(s) would be an added benefit. Mr. Cunningham indicated that TOLD had some concerns over the budget. Mayor Jacobs felt creative design is important to the project. Council agreed that additional artist consulting would be appropriate. 5. Update on Southwest Corner of Highway 7 and Louisiana Ave 12 Present at the meeting were: Randy McKay of Fraeunshuh Companies, Dr. Steve Saliterman who represented a group of physicians who plan to lease space in the project and Mr. Pope from Pope Associates. Mr. McKay outlined the prospective tenants that would rent the proposed buildings. He explained to Council the idea of the restaurant/banquet that they were proposing. Dr. Saliterman discussed the interest from the medical groups and changes in the marketplace that have affected interest in the project. Fraeunshuh will come forward to request on extension formally while both they and City staff review the new concept for feasibility. 6. Limitation on Hours of Operation for Restaurants with Wine/Beer Licenses After brief discussion, Council felt that the hours of operation should not be restricted for restaurants with a wine and/or beer license. 7. Communications Council discussed the sale price of the land that will be sold to the Jewish Community Center and directed the City Manager to negotiate a sale price that reflects an inflationary adjustment since the original agreement. 8. Adjournment The meeting was adjourned at 10:35 p.m. City Clerk Mayor 13 City of St. Louis Park City Council Agenda Item # 7a Meeting of April 16, 2001 7a. Resolution Authorizing the Issuance and Sale of Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A This report considers action by the City Council to adopt a resolution to authorize the issuance and sale of taxable general obligation tax increment refunding bonds, Series 2001A. The proceeds of these bonds will be used to refund certain general obligations of the City. The 2001A Bonds will be paid from tax increment revenues generated by the Excelsior Boulevard, Trunk Highway 7, and Oak Park Village Tax Increment Districts. Recommended Action: Motion to adopt the resolution to authorize the issuance and sale of taxable general obligation tax increment refunding bonds, Series 2001A. Background: At the February 26, 2001 Study Session, the Council was presented with plans for this issuance. After discussion about legislative changes relating to property taxes and whether interest rates would go lower, the Council’s direction was to proceed with the refinancing paperwork, but hold off on the sale for at least five weeks until after the Federal Reserve Board met. It was recommended that the bonds be sold at a competitive sale to the lowest bidder. The proceeds of these bonds will be used to refund certain general obligations of the City. The City has duly established the following project areas and tax increment districts: (i) Excelsior Boulevard Redevelopment Project; (ii) Oak Park Village Redevelopment Project; and (iii) the Highway 7 Development District. The 2001A Bonds will be paid from tax increment revenues generated by these districts. The control, authority and operation of the districts were transferred to the St. Louis Park Economic Development Authority. Resolution No. 90-4 of the Authority and Resolution No. 90-29 of the City, expanded and joined the geographical areas of the project areas associated with the districts. The City is authorized to issue and sell its general obligations to pay all or a portion of the public development and redevelopment costs related to the Project Area as identified in the redevelopment plan. The City is also authorized to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City, or for the extension or adjustment of maturities in relation to the resources available for their payment. 14 As it is necessary and desirable to reduce debt service costs, the City proposes to issue $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A (Bonds) to refund certain outstanding general obligations of the City, the proceeds of which have been or may be used to pay certain costs in the Project Area; Mr. Bob Ehlers from Ehlers and Associates will be in attendance to a present financial analysis of the project based on current interest rates and bond bid amounts, should Council request such a presentation. He will be available to address questions from the Council. Recommendation: Staff recommends the adoption of the attached resolution to authorize the issuance and sale of taxable general obligation tax increment refunding bonds, Series 2001A. Attachments: Terms and Conditions of Issue Bond Resolution Prepared By: John Brooks, Interim Finance Director Approved By: Clint Pires, Deputy City Manager 15 TERMS AND CONDITIONS OF ISSUE $7,650,000 Taxable G.O. Tax Increment Refunding Bonds, Series 2001A DATE: March 26, 2001 ISSUER: City of St. Louis Park, Minnesota BOND NAME: $7,650,000 Taxable G.O. Tax Increment Refunding Bonds, Series 2001A BOND ATTORNEY: Kennedy & Graven (Steve Bubul) PURPOSE: Refinance the City's Taxable G.O. Tax Increment Bonds, Series 1997B. Sale Date: April 16, 2001. Est. Closing Date: May 15, 2001. Proposal Opening: 12:00 Noon, offices of Ehlers & Associates, Inc. Proposal Award: 7:00 p.m., City offices. Type of Sale: Competitive. Bonds Dated: May 1, 2001. Maturity: Semiannually on February 1 and August 1 beginning February 1, 2002 and ending February 1, 2011. Term Bond Option: All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amounts of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. First Interest: February 1, 2002. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. Call Feature: Bonds maturing August 1, 2008 through February 1, 2011 will be subject to redemption prior to final maturity on February 1, 2008 and on any date thereafter. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the 16 registration books. Minimum Proposal: $7,535,300. Good Faith: $153,000, payable to the Issuer (Cashiers or Certified Good Faith Check or wire transfer of funds to Ehlers Good Faith Escrow or financial surety bond. Record Date: Close of business on the 15th day (whether or not a business day) of the immediately preceding month. CUSIP Numbers: The Issuer will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Paying Agent: To be named by the Issuer. Book Entry: This offering will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York. Financial Advisor: Ehlers & Associates, Inc. Rating Requested: Moody's Investors Service. Bank Qualified: No. Continuing Disclosure: Full Undertaking. 17 RESOLUTION NO. 01-035 A RESOLUTION AWARDING THE SALE OF $7,650,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2001A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined that: (a) the City has duly established the following project areas and tax increment districts: (i) Excelsior Boulevard Redevelopment Project; (ii) Oak Park Village Redevelopment Project; and (iii) the Highway 7 Development District (collectively referred to herein as the "Districts") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, Chapter 472A, and Sections 469.174 to 469.179 and predecessor statutes (Act); (b) the control, authority and operation of the Districts were transferred to the St. Louis Park Economic Development Authority (Authority) by Resolution No. 88-134 of the City, pursuant to Minnesota Statutes, Section 469.094; and (c) by Resolution No. 90-4 of the Authority and Resolution No. 90-29 of the City, the geographical areas of the project areas associated with the Districts were expanded and joined (such expanded coterminous area is referred to herein as the “Project Area”); and (d) the City is authorized by Section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public development and redevelopment costs (Costs) related to the Project Area as identified in the redevelopment plan and program and tax increment financing plan (Plans) for the Districts; (e) the City is authorized by Minnesota Statutes, Chapter 475 (Act) and Section 475.67, subdivision 3, of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (f) Section 475.67, subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; 18 (g) it is necessary and desirable to reduce debt service costs that the City issue $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A (Bonds) to refund certain outstanding general obligations of the City, the proceeds of which have been or may be used to pay certain costs in the Project Area; (h) the outstanding bonds to be refunded (Refunded Bonds) consist of the $13,000,000 Taxable General Obligation Variable Rate Demand Tax Increment Bonds, Series 1997B, dated May 20, 1997, of which $12,290,000 in principal amount is currently outstanding and is callable on any date for which timely notice of redemption is given. (i) the Mayor and City Manager are authorized and directed to execute a Tax Increment Pledge Agreement between the City and the Authority (Pledge Agreement) in substantially the form on file in City Hall, pursuant to which the Authority pledges certain Available Tax Increment (as defined in the Pledge Agreement) to pay principal of and interest on the Bonds. 1.02. The proposal of ________________________________________ (Purchaser) to purchase $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A (Bonds) of the City described in the Official Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Date of Maturity Interest Rate Date of Maturity Interest Rate 2/1/2002 2/1/2007 8/1/2002 8/1/2007 2/1/2003 2/1/2008 8/1/2003 8/1/2008 2/1/2004 2/1/2009 8/1/2004 8/1/2009 2/1/2005 2/1/2010 8/1/2005 8/1/2010 2/1/2006 2/1/2011 8/1/2006 True interest cost: _________ 1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of $7,535,300 will be credited to the Debt Service Fund hereinafter created. The City Manager is directed to retain the good faith check of the Purchaser pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 469 (Act) in the total principal amount of $7,650,000, originally dated May 1, 2001, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing 19 interest as above set forth, and maturing serially on February 1 and August 1 in the years and amounts as follows: Date of Date of Maturity Amount Maturity Amount 2/1/2002 $440,000 2/1/2007 $400,000 8/1/2002 310,000 8/1/2007 410,000 2/1/2003 325,000 2/1/2008 420,000 8/1/2003 330,000 8/1/2008 440,000 2/1/2004 340,000 2/1/2009 450,000 8/1/2004 350,000 8/1/2009 460,000 2/1/2005 360,000 2/1/2010 480,000 8/1/2005 370,000 8/1/2010 490,000 2/1/2006 380,000 2/1/2011 505,000 8/1/2006 390,000 1.05. Optional Redemption. The City may elect on February 1, 2008, and on any day thereafter to prepay Bonds due on or after August 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2002, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 20 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. 21 (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints ________________________________________, _______________, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Director of Finance must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any 22 purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: [Face of the Bond] No. R-_____ UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2001A Date of Rate Maturity Original Issue CUSIP May 1, 2001 Registered Owner: Cede & Co. The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2002, to the person in whose name this Bond is registered at the close of 23 business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by ________________________________________, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2008, and on any day thereafter to prepay Bonds due on or after August 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $7,650,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on April 16, 2001 (the Resolution), for the purpose of providing money to aid in refinancing public development and redevelopment costs in a redevelopment project and development district (Project Area) in the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.179, the Minnesota Tax Increment Financing Act, and Minnesota Statutes, Sections 469.001 through 469.047, and the principal hereof and interest hereon are payable primarily from tax increments resulting from increases in taxable valuation of real property in certain tax increment financing districts within the Project Area as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency of tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. 24 The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF ST. LOUIS PARK, MINNESOTA (facsimile) (facsimile) City Manager Mayor 25 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative _________________________________ The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ________________________________________ 26 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: __________________________________________ __________________________________________ __________________________________________ (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 27 PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of the Registrar Cede & Co. _____________________ Federal ID #13-2555119 _______________________ 3.02. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A Debt Service Fund (Debt Service Fund) hereby created, and all Available Tax Increment (as defined in the Pledge Agreement) received by the City from the Authority pursuant to the Pledge Agreement is hereby pledged to the Debt Service Fund. (b) The debt service fund, if any, heretofore established for the Refunded Bonds as defined in the resolution providing for the issuance and sale of the Bonds, is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Director of Finance will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the tax increments when collected. (c) There is hereby appropriated to the Debt Service Fund (i) any amount over the minimum purchase price of the Bonds paid by the Purchaser and (ii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is determined that estimated collection of tax increments pledged by the Authority under the Pledge Agreement for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. The City Clerk is directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. 28 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (Proceeds) together with the funds appropriated under Section 5.02 hereof for payment of the Refunded Bonds that an irrevocable appropriation to the debt service fund for the Refunded Bonds will have been made within the meaning of Section 475.61, Subdivision 3 of the Act and the City Manager is hereby authorized and directed to certify such fact to and request the Taxpayer Services Division Manager to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. Section 5. Refunding; Findings; Redemption of Refunded Bonds. 5.01. The Refunded Bonds are the Taxable General Obligation Variable Rate Demand Tax Increment Bonds, Series 1997B, of the City, dated May 20, 1997, of which $12,290,000 in principal amount is callable on June 1, 2001. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality. 5.02. There is hereby appropriated for payment of principal and interest on the Refunded Bonds (a) all Proceeds, less amounts deposited in the Debt Service Fund under Section 4.01 and less all amounts needed to pay costs of issuance of the Bonds as determined by the Finance Director; and (b) such additional funds received by the City from the Authority under the Pledge Agreement as are needed to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 2002 and thereafter will be redeemed and prepaid on such date or dates as the Finance Director determines within 90 days after the date of issuance of the Bonds. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The Finance Director shall give a notice of call to the trustee for the Refunded Bonds (Trustee) who is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. 5.04. The Mayor, City Manager and Finance Director are authorized and directed to take such actions and make all such payments as necessary to terminate agreements regarding the Refunded Bonds, including the Indenture of Trust between the City and Firstar Bank of Minnesota, N.A. dated May 1, 1997. 29 Section 6 Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, City Manager and City Clerk are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to Resource Bank & Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of 30 principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Payin g Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Defeasance. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 31 Section 9. Continuing Disclosure. 9.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor, City Manager and City Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member _________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 32 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 16, 2001 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $7,650,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this ______ day of _______________, 2001. City Clerk St. Louis Park, Minnesota (SEAL) 33 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAXATION'S CERTIFICATE AS TO COUNTY OF HENNEPIN REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Director of Property Taxation of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of St. Louis Park, Minnesota, on April 16, 2001, relating to Taxable General Obligation Tax Increment Refunding Bonds, Series 2001A, in the amount of $7,650,000, dated May 1, 2001, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this ____ day of ____________, 2001. _____________________________ Director of Property Taxation Hennepin County, Minnesota (SEAL) By___________________________ Deputy 34 ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $13,000,000 TAXABLE GENERAL OBLIGATION VARIABLE RATE DEMAND TAX INCREMENT BONDS, SERIES 1997B CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of St. Louis Park, Hennepin County, Minnesota, there have been called for redemption and prepayment on June 1, 2001 all outstanding bonds of the City designated as Taxable General Obligation Variable Rate Demand Tax Increment Bonds, Series 1997B, dated May 20, 1997, having stated maturity dates of _________________ 1 in the years 19__ through 19__, both inclusive, totaling $12,290,000 in principal amount, and with the following CUSIP numbers: Year Amount CUSIP 2002 $390,000 2003 415,000 2004 440,000 2005 465,000 2006 495,000 2007 525,000 2008 560,000 2009 595,000 2010 630,000 2011 670,000 2012 710,000 2013 755,000 2014 800,000 2015 850,000 2016 905,000 2017 960,000 2018 1,020,000 2019 1,105,000 35 Such bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such bonds should present them for payment to Firstar Bank, N.A., Milwaukee, Wisconsin, as agent for Firstar Bank, N.A. of Minneapolis, Minnesota, successor to American Bank National Association, St. Paul, Minnesota, at the address below, on or before said date, when they will cease to bear interest. It is recommended that you mail your bonds registered or certified mail to guard against loss. Firstar Bank, N.A. 1555 North RiverCenter Drive Suite 301 Milwaukee, Wisconsin 53212 In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements, the redeeming institution is required to withhold a specified percentage of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number, properly certified. This Compliance should be fulfilled through the submitting of a W-9 Form which may be obtained at a Bank or other Financial Institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Dated: _________________, 2001. BY ORDER OF THE CITY COUNCIL By City Clerk City of St. Louis Park, Minnesota 36 City of St. Louis Park City Council Agenda Item # 7b Meeting of April 16, 2001 7b. Resolution Authorizing the Issuance and Sale of General Obligation Storm Sewer Revenue Bonds, Series 2001B This report considers action by the Council to adopt a resolution to authorize the issuance and sale of general obligation storm sewer revenue bonds, Series 2001B. The proceeds of these bonds will be used to finance the construction of various Storm Water Utility improvements within the City. The 2001B Bonds will be paid from net revenues of the Storm Water Utility. Recommended Action: Motion to adopt the resolution to authorize the issuance and sale of general obligation storm sewer revenue bonds, Series 2001B. Background: The City Engineer has recommended the construction of various improvements to the City’s storm water management system. At the study session on February 12, 2001 Council recommended staff bring action forward to sell bonds at a competitive sale with a low bid to finance this project. The City is authorized by Minnesota Statutes to finance all or a portion of the cost of the project by the issuance of general obligation bonds of the City, payable from the net revenues of the storm water utility. The project costs are presently estimated by the engineer to be $3,265,000. Mr. Bob Ehlers from Ehler’s and Associates will be in attendance to present financial analysis of the project based on current interest rates and bond bid amounts, should Council request such a presentation. He will be available to address questions from Council. Recommendation: Staff recommends the adoption of the attached resolution to authorize the issuance and sale of general obligation storm sewer revenue bonds, Series 2001B. Attachments: Terms and Conditions of Issue Resolution Prepared by: John Brooks, Interim Finance Director Approved by: Clint Pires, Deputy City Manager 37 TERMS AND CONDITIONS OF ISSUE $3,265,000 G.O. Storm Sewer Revenue Bonds, Series 2001B DATE: March 26, 2001 ISSUER: City of St. Louis Park, Minnesota BOND NAME: $3,265,000 G.O. Storm Sewer Revenue Bonds, Series 2001B BOND ATTORNEY: Kennedy & Graven (Steve Bubul) PURPOSE: Finance improvements to the municipal storm water management system. Sale Date: April 16, 2001. Est. Closing Date: May 1, 2001. Proposal Opening: 12:00 Noon, offices of Ehlers & Associates, Inc. Proposal Award: 7:00 p.m., City offices. Type of Sale: Competitive. Bonds Dated: May 1, 2001. Maturity: February 1 in the years 2002-2016. Term Bond Option: All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amounts of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. First Interest: February 1, 2002. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. Call Feature: Bonds maturing in the years 2011 through 2016 will be subject to redemption prior to final maturity on February 1, 2010 and on any date thereafter. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registration books. 38 Minimum Proposal: $3,222,600. Good Faith: $65,300, payable to the Issuer (Cashiers or Certified Good Faith Check or wire transfer of funds to Ehlers Good Faith Escrow or financial surety bond. Record Date: Close of business on the 15th day (whether or not a business day) of the immediately preceding month. CUSIP Numbers: The Issuer will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Paying Agent: To be named by the Issuer. Book Entry: This offering will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York. Financial Advisor: Ehlers & Associates, Inc. Rating Requested: Moody's Investors Service. Bank Qualified: Yes. Continuing Disclosure: Full Undertaking. 39 RESOLUTION NO. 01-033 A RESOLUTION AWARDING THE SALE OF $3,265,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2001B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of St. Louis Park, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's storm sewer system (Project). (b) the City is authorized by Minnesota Statutes, Section 444.075 (Act) to finance all or a portion of the cost of the Project (Project Costs) by the issuance of general obligation bonds of the City payable from the net revenues of the storm water utility. The Project Costs are presently estimated by the engineer to be as follows: Project Designation & Description: Total Project Cost Sources Par Amount of 2001B Bonds $3,265,000 Total Sources $3,265,000 Uses Project Costs $3,200,000 Discount Allowance 42,400 Finance Related Expenses 22,600 Total Uses $3,265,000 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $3,265,000 General Obligation Storm Sewer Revenue Bonds, Series 2001B (Bonds) pursuant to the Act to provide financing for the Project. 1.02. The proposal of _____________________________ (Purchaser) to purchase $3,265,000 General Obligation Storm Sewer Revenue Bonds, Series 2001B (Bonds) of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity Interest Rate Year of Maturity Interest Rate 2002 2010 2003 2011 2004 2012 2005 2013 40 2006 2014 2007 2015 2008 2016 2009 True interest cost: _________ 1.03. The sum of $___________ being the amount proposed by the Purchaser in excess of $3,222,600 will be credited to the Debt Service Fund hereinafter created. The City Manager is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Section 444.075 (Act), in the total principal amount of $3,265,000, originally dated May 1, 2001, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2002 $195,000 2010 $220,000 2003 165,000 2011 230,000 2004 175,000 2012 240,000 2005 180,000 2013 250,000 2006 185,000 2014 260,000 2007 195,000 2015 275,000 2008 2009 1..05. Optional Redemption. The City may elect on February 1, 2006 and on any day thereafter to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2002, to the owner of record thereof as of the close of 41 business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and 42 the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints ________________________________, _______________, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Director of Finance must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, the signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: 43 [Face of the Bond] No. R-_____ UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK GENERAL OBLIGATION STORM SEWER REVENUE BOND, SERIES 2001B Date of Rate Maturity Original Issue CUSIP May 1, 2001 Registered Owner: Cede & Co. The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2002, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by ________________________________________, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2010, and on any day thereafter to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Securities Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(c) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $3,265,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on April 16, 2001 (the Resolution), for the purpose of providing money to aid in financing various improvements to the storm sewer system of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapter 475 and the principal hereof and interest hereon are payable primarily from the net revenues of the storm sewer system of the City in a special debt service fund of the City, as set 44 forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the storm sewer system free from competition by other like utilities; that adequate insurance on said plant and system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Storm Sewer Fund, into which it will pay all of the gross revenues from the storm sewer system; that it will also create and maintain a General Obligation Storm Sewer Revenue Bonds, Series 2001B Debt Service Fund, into which it will pay, out of the net revenues from the storm sewer system a sum sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net storm sewer system revenues. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: _______________________ CITY OF ST. LOUIS PARK, MINNESOTA ____________(facsimile) ______ ____________(facsimile) 45 City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative ______________________________ The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _____ Custodian ______ in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act …………………………… not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated:_____________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: 46 NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: _____________________________________________ _____________________________________________ _____________________________________________ (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee ____________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Cede & Co. Federal ID #13-2555119 3.02. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment: Security: Pledges and Covenants. 4.01. The City will create and continue to operate its Storm Sewer Fund to which will be credited all gross revenues of the storm sewer system described in Section 1.01 and out of which will be paid all normal and reasonable expenses of current operations of the storm sewer system. Any balances therein are deemed net revenues and will be transferred, from time to time, to a General Obligation Storm Sewer Revenue Bonds, Series 2001B Debt Service Fund (Debt Service Fund) hereby created in the Storm Sewer Fund, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a sufficient amount to pay principal of and interest on all the Bonds, and the City Manager must report any current or anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond 47 proceeds, if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the storm sewer system as public utilities and conveniences free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the storm sewer system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Fund as a separate account in the Storm Sewer Fund and will cause money to be credited thereto from time to time, out of net revenues from the storm sewer plant and system in sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the storm sewer system and which will be open to inspection and copying by any bond holder, or the holder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause persons handling revenues of the storm sewer system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the storm sewer system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the storm sewer system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the storm sewer system as required by law. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, section 444.075 at the times and in the amounts required to produce, net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. 4.03. It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 48 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Manager and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to Resource Bank & Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2001) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 49 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2001 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2001 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a 50 notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System . In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest, in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor, City Manager and City Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member _________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 51 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting Clerk of the City of St. Louis Park, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, April 16, 2001 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $3,265,000 General Obligation Storm Sewer Revenue Bonds, Series 2001B of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this ____ day of _________________, 2001. City Clerk St. Louis Park, Minnesota (SEAL) STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S CERTIFICATE AS TO COUNTY OF HENNEPIN REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of St. Louis Park, Minnesota, on April 16, 2001, relating to General Obligation Storm Sewer Revenue Bonds, Series 2001B, in the amount of $3,265,000, dated May 1, 2001, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this ____ day of ____________, 2001. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) By Deputy 52 City of St. Louis Park City Council Agenda Item # 7c Meeting of April 16, 2001 7c. Conditional Use Permit to permit the removal of more than 400 cubic yards of material to permit the construction of two single-family homes and a structural storm water holding pond for the properties located at 2839 & 2843 Toledo Avenue South Case No. 01-04-CUP Recommended Action: Motion to adopt the Resolution of Approval granting the Conditional Use Permit for the removal of more than 400 cubic yards of fill subject to the conditions in the resolution and authorize the Mayor and City Manager to execute the Development Agreement Background: The City Council heard this request at its April 2, 2001 meeting. At that time, the Council deferred action so that modifications to the holding pond could be illustrated and the Council could see how the property would be developed. The major change to the original design was the conversion of the uncovered holding pond to an underground, fully encapsulated holding tank. The request for the uncovered, fenced holding pond was heard at the March 21, 2001 Planning Commission meeting. After testimony was received, the Commission moved to recommend approval of the request. This motion failed on a vote of 3-3. After further discussion by the Planning Commission, they moved to send this request onto the City Council without recommendations. This motion passed on a vote of 6-0. Marshall Kieffer, applicant, is seeking to construct two single-family homes on the properties located at 2839 and 2843 Toledo Avenue. The two parcels are both zoned “R-2” Single Family Residential, and are currently vacant. However, both lots do serve as a natural storm water run off ponding area for the surrounding homes. Both parcels have a significant grade change of about 12 feet sloping from front to back, thereby creating the ponding area in the rear of the properties. In order to construct the homes the applicant would have to remove over 400 cubic yards of soil to create a structural stormwater holding facility in the rear yard of the two parcels. Issues: • Can the storm water requirements be satisfied with the new design? • Does the newly proposed wall design meet the building code requirements? 53 • What other conditions should be imposed to ensure public safety? • Does the proposal meet the other zoning requirements? • How will the truck routes and street cleaning be regulated? • How will the structural pond be controlled to ensure it will be maintained and will continue to serve the stormwater function for the surrounding properties? Analysis of Issues: • Can the storm water requirements be satisfied? City staff and the City’s consulting engineer for storm water management, state that the storm water capacity requirements will be improved with this new design. In its current state, the natural storm water ponding area can accommodate approximately 7,000 cubic feet of water. The proposed underground holding tank can hold over 20,000 cubic feet of water. Therefore, the underground holding tank is increasing the capacity over the existing condition by almost 200%. Since the holding tank is proposed to be underground, the storm water will enter the tank through two inlets. The minimum size or area required to ensure that storm water flows freely into the underground tank and does not back up on the surface is an area of .687 square feet. The inlets to be provided each provide an area of .7 square feet. Therefore, one inlet would be able to service the holding tank. However, the applicant felt that as a precautionary measure that two inlets of this size should be installed. That way if one inlet becomes clogged, the other will still be able to handle the storm water runoff. Still some minor outstanding items, including the size of the pump and details of the controls, need to be finalized but these items can be resolved with staff and will not affect the design or layout of the project. Engineers will be available at the Council meeting to discuss the capacity and flood control. • Does the proposed retaining wall design meet the building code requirements? The Building Official has reviewed the plans for the walls of the holding tank and has given preliminary approval. A full review of the wall design and structural cover will be completed with submission of a building permit application. Attached is a cross section plan of the holding tank. • What other conditions should be imposed to ensure public safety? When the holding pond was proposed to be uncovered, staff recommended requiring a fence around the entire facility. Since the holding tank will now be located completely underground, there is no endangerment to the public and staff believes that the requirement for a fence is unnecessary. Only two inlets will be exposed at grade level and they will be secured to the structure like a regular manhole cover. The access cover will also be exposed, but it will be secured to its structure as well. Does the proposal meet the other zoning requirements? The proposal meets all other regular zoning requirements. 54 How will the truck routes and street cleaning be regulated? Staff proposes limiting the local streets used as truck routes as follows: • Salem Avenue and Toledo Avenue between Minnetonka Boulevard and West 28th Street. • West 28th Street and West 29th Street between Salem Avenue and Toledo Avenue. Staff also recommends limiting the hours of operation for the truck hauling from 7:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 9:00 p.m. on weekends and holidays, which is consistent with the noise ordinance. Finally, staff recommends requiring a letter of credit to ensure repair and cleaning of the streets in the event there is any damage from the trucks or the streets are not adequately cleaned. How will the structural pond be controlled to ensure it will be maintained and will continue to serve the storm water function for the surrounding properties? The applicant’s attorney and the City Attorney are working together in drafting a Development Agreement to address the following: • The applicant and future lot owners will maintain general liability insurance in an amount and in a form approved by the City Attorney which will include coverage for potential water damage to third parties. • Cross easements covering the two lots, approved by the City Attorney, relating to the construction, maintenance and access to the facility. • The applicant and any subsequent lot owners will indemnify and hold the City harmless for any claims by third parties relating to the installation, maintenance, and operation of the facility. • The applicant and any subsequent lot owners have a duty to properly maintain the facility. • The City would have the right in its sole discretion to take whatever steps are necessary to maintain the facility if the lot owners fail to do so. The City would bill the lot owners for the cost, reasonable City supervision and administrative expenses and interest on the unpaid balance at the highest interest rate permitted by law. If unpaid, the amount would be assessed equally against the two lots, and be payable in full with the next year’s property taxes. • Construction truck routes would be specified as noted in the staff report. • Adequate financial guarantees would be provided to cover street cleanup and the cost of reasonable restoration of the property if the applicant does not complete the project. 55 All these conditions listed in the Development Agreement would be recorded and would be attached to the land. The contract would also incorporate the other general conditions of approval by reference. Recommendations: Staff recommends approval of the Conditional Use Permit subject to the following conditions: 1. Prior to the execution of a development agreement between the applicant and the City, the applicant shall meet the following conditions: a. Submit final storm water calculations and details regarding the pump and controls of the pond for approval by Public Works. b. Submit structural plans of the retaining wall for approval by the Building Official. c. Submit construction easements and cross access easements/agreements for approval by the City Attorney. 2. Prior to site work, the applicant shall meet the following conditions: a. Sign the assent form and exhibits. b. Obtain an Erosion Control Permit. c. Execute a development agreement with the City that shall address at a minimum: i. The applicant and future lot owners will maintain general liability insurance in an amount and in a form approved by the City Attorney which will include coverage for potential water damage to third parties. ii. Cross easements covering the two lots, approved by the City Attorney, relating to the construction, maintenance and access to the facility. iii. The applicant and any subsequent lot owners will indemnify and hold the City harmless for any claims by third parties relating to the installation, maintenance, and operation of the facility. iv. The applicant and any subsequent lot owners have a duty to properly maintain the facility. v. The City shall have the right in its sole discretion to take whatever steps are necessary to maintain the facility if the lot owners fail to do so. The City would bill the lot owners for the cost, reasonable City supervision and administrative expenses and interest on the unpaid balance at the 56 highest interest rate permitted b law. If unpaid, the amount would be assessed equally against the two lots, and be payable in full with the next year’s property taxes. vi. Construction truck routes would be specified. vii. Adequate financial guarantees would be provided to cover street cleanup and the cost of reasonable restoration of the property if the applicant does not complete the project. 3. Prior to beginning construction of the retaining structure and future homes, the applicant or future homeowners shall obtain the necessary building permits, which may impose additional conditions. Prepared by: Scott Moore, Assistant Zoning Administrator, 952-924-2592 Janet Jeremiah, Planning and Zoning Supervisor 952-924-2573 Approved by: Clint Pires, Deputy City Manager Attachments: • Site Plan • Section Plan • Proposed Resolution (amended to match above conditions) 57 RESOLUTION NO. 01-034 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF TWO SINGLE-FAMILY HOMES AND AN UNDERGROUND STORM WATER HOLDING TANK FOR PROPERTY ZONED R2, SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 2839 AND 2843 TOLEDO AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Marshall R. Kieffer has made application to the City Council for a Conditional Use Permit under Section 14:4-9 of the St. Louis Park Ordinance Code for the purpose of constructing two single-family homes and a storm water holding pond within a R2 Single Family Residence District located at 2839 and 2943 Toledo Avenue South for the legal description as follows, to- wit: Lot 14, Block, 2 Latham’s Minnetonka Boulevard Tract And Lot 15, Block 2, Latham’s Minnetonka Boulevard Tract together with ½ of the vacated alley accruing thereto by reason of the vacation thereof. (Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01-04-CUP) and the effect of the proposed single family homes and holding pond on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the proposed single family homes and holding pond will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed single family homes and holding pond are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 01-04-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit construction of two single family homes and a holding pond at the location described is granted based on the findings set forth above and subject to the following conditions: 58 1. The site shall be developed, used and maintained in accordance with Exhibit “A” Site Plan 2. Prior to the execution of a development agreement between the applicant and the City, the applicant shall meet the following conditions: a. Submit final storm water calculations and details regarding the pump and controls of the pond for approval by Public Works. b. Submit structural plans of the retaining wall for approval by the Building Official. c. Submit construction easements and cross access easements/agreements for approval by the City Attorney. 3. Prior to site work, the applicant shall meet the following conditions: a. Sign the assent form and exhibits. b. Obtain an Erosion Control Permit. c. Execute a development agreement with the City that shall address at a minimum: i. The applicant and future lot owners will maintain general liability insurance in an amount and in a form approved by the City Attorney which will include coverage for potential water damage to third parties. ii. Cross easements covering the two lots, approved by the City Attorney, relating to the construction, maintenance and access to the facility. iii. The applicant and any subsequent lot owners will indemnify and hold the City harmless for any claims by third parties relating to the installation, maintenance, and operation of the facility. iv. The applicant and any subsequent lot owners have a duty to properly maintain the facility. v. The City would have the right in its sole discretion to take whatever steps are necessary to maintain the facility if the lot owners fail to do so. The City would bill the lot owners for the cost, reasonable City supervision and administrative expenses and interest on the unpaid balance at the highest interest rate permitted by law. If unpaid, the amount would be assessed equally against 59 the two lots, and be payable in the full with the next year’s property taxes. vi. Construction truck routes would be specified. vii. Adequate financial guarantees would be provided to cover street cleanup and the cost of reasonable restoration of the property if the applicant does not complete the project. d. Submit financial surety for repair and cleaning of the public street. 4. Prior to beginning construction of the retaining structures and future homes, the applicant or future homeowners shall obtain the necessary building permits, which may impose additional conditions. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council April 16, 2001 City Manager Mayor Attest: City Clerk 01-04-CUP/N/res/ord 60 CITY COUNCIL MEETING April 16, 2001 ITEMS TO BE ACTED UPON BY CONSENT Consent items are 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. 1. Motion to approve the procedure for application to City for Private Activity Revenue Bond Financing. 2. Motion to adopt a resolution approving the 2001 neighborhood revitalization grant program applications and authorizing the Mayor and City Manager to execute grant agreements with the neighborhoods. 3. Motion to authorize execution of a contract with Norit Americas, Inc. for the purchase of Granular Activated Carbon (GAC) in the amount of $56,900 for Water Treatment Plant No. 1, (WTP #1) located at 2935 Jersey Avenue South and Water Treatment Plant No. 4 (WTP #4) located at 4601 W. 41st Street 4. 2001 Parks and Recreation Department Capital Improvement Projects Motion to authorize the Mayor and City Manger to enter into an agreement with *(see next page regarding Oak Hill Park), St. Croix Recreation, Miracle Recreation of Minnesota, Flanagan Sales, Inc. and Earl F. Anderson for purchase and installation of play equipment at Oak Hill, Justad, Blackstone and Rainbow Parks with total expenditure for all equipment not to exceed $150, 000 out of the Parks and Recreation Fund and Park Improvement Fund. Motion to authorize Bituminous Roadways, Inc. as the lowest price quote for trail paving at Blackstone Park with expenditures not to exceed $10,930 from the Park Improvement Fund. Motion to authorize the expenditure of $42, 000 out of the Park Improvement Fund, tree preservation and planting allocation, to be used for purchase of 224 trees to be planted on City boulevards. 5. Motion to adopt a resolution amending final plat resolution and extending plat- filing deadline to October 3, 2001 for Kieffer’s Addition 6. Motion to accept the following reports for filing: a. Housing Authority Minutes of March 14, 2001 61 b. Planning Commission Minutes of March 21, 2001 c. Vendor Claims 7. Motion to approve the Renewal of the Property and Liability Insurance Program as submitted by the League of Minnesota Cities Insurance Trust for the period 4/1/01 through 4/1/02. Insurance Program through the League of Minnesota Cities Insurance Trust for 2001/2002 8. Motion to notify the League of Minnesota Cities Insurance Trust (LMCIT) that the City Council does not waive the municipal tort liability limits for the annual insurance renewal. 62 CONSENT ITEM # 1 St. Louis Park City Council Meeting of April 16, 2001 1. Motion to approve the procedure for application to City for Private Activity Revenue Bond Financing. Background: This report considers approving the procedure and form used for applying to the City for issuing Private Activity Revenue Bonds. At the February 26, 2001 Study Session, the Council was presented with the application form and procedure. After discussion, the Council directed the staff to utilize the new application format with the understanding that requests for issuance of Private Activity Revenue Bonds would be reviewed on a case by case basis. Recommendation: Staff recommends approving the new application procedure for Private Activity Revenue Bonds. Attachments: New Application for Private Activity Revenue Bond Financing Prepared by: John Brooks, Interim Finance Director Approved by: Clint Pires, Deputy City Manager 63 CONSENT ITEM # 2 St. Louis Park City Council Meeting of April 16, 2001 2. Motion to adopt a resolution approving the 2001 neighborhood revitalization grant program applications and authorizing the Mayor and City Manager to execute grant agreements with the neighborhoods. Background: Twenty neighborhood associations requested funding from the neighborhood revitalization grant program for 2001. Staff and a committee comprised of representatives from five neighborhoods reviewed the applications at a meeting on Tuesday, March 28th. The grant review committee had a difficult job because the requests for funds exceeded the funds available. However, the committee was able to recommend small cuts to several neighborhoods in an effort to maintain most of the proposed activities at an acceptable level. Conditions recommended for grants will be outlined in the grant agreements for each neighborhood. Neighborhoods are required to sign a grant agreement before funds become available. During the April 9, 2001 study session, the City Council indicated its support for all of recommendations and conditions placed on awards by the grant review committee. A representative from one neighborhood, Birchwood, spoke to Councilmembers in support of a proposed revitalization outreach program that the grant review committee did not recommend. The Council favored the intentions of the program, but felt it did not warrant funding until further review of the program could be conducted. Per Council direction, staff will work with the Birchwood representative to further research alternative outreach revitalization programs, and return to Council with recommendations. Council also indicated it may wish to consider this outreach program as a Citywide pilot project, with funding beyond that provided for specific neighborhoods. Attachments: Resolution Prepared by: Martha McDonell, Community Outreach Coordinator Approved by: Clint Pires, Deputy City Manager 64 RESOLUTION NO. 01-031 RESOLUTION APPROVING FUNDING FOR THE 2001 NEIGHBORHOOD REVITALIZATION GRANT PROGRAM AWARDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE GRANT AGREEMENTS WITH THE RECIPIENT NEIGHBORHOOD ASSOCIATIONS WHEREAS, the City Council appropriated $40,000 in grant funds for the 2001 Neighborhood Revitalization Grant Program for organized neighborhoods to promote and enhance community building and leadership activities; and WHEREAS, applications from twenty neighborhood associations were received on March 19, 2001, that requested funds for neighborhood projects; and WHEREAS, the grant review committee comprised of neighborhood representatives reviewed the applications on March 28th, 2001 and made funding recommendations to the City Council; and WHEREAS, the City Council discussed the funding recommendations at a study session on April 9th, 2001; and WHEREAS, certain conditions must still be met by some neighborhoods to proceed with their proposed projects and these will be outlined in grant agreements that will be executed between the City and each neighborhood association; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the funding of the following projects according to conditions to be set forth in grant agreements, and authorizes the Mayor and City Manager to execute these grant agreements with the following neighborhoods: $565 Texa-Tonka Mailings & meeting expenses and an inter-neighborhood trial opening activity $965 Minikahda Oaks Annual picnic, fall & winter social and sign planting flowers $550 Lake Forest Newsletter and garden party $1150 Brookside Three association meetings & fees, children’s Halloween party, National Night Out party and flowers for Jackley Park $375 Minikahda Vista Meetings, welcome committee, garage sale, summer social event, fall social event and interest group costs 65 $1450 Cobblecrest Plant swap, fall festival hayride, Parktacular parade, banner, postage, and beverage dispenser $1500 Aquila Annual picnic, newsletter, welcome baskets, meetings, Parktacular and fall event hayride $1300 Minnehaha two pot luck parties, newsletter mailings and Knollwood Park tree planting $2000 Creekside meeting supplies, buckthorn removal & native plants, block party rental tables/tent/grill, block party supplies & entertainment, garden party, newcomers welcome & final farewells $1959 Bronx Park Community gardens, meeting supplies & door prizes, annual picnic and garage sale $2500 Elmwood meetings, newsletters, recognition, Halloween party and street beautification $2650 Cedarhurst Park bench, park grille, park flower gardens, summer celebration and newsletter mailing/web promotion $2675 Blackstone Spring kickoff, National Night Out, park opening, winter activity, meetings/signs/welcomes and a dumpster cleanup day $2925 Eliot Newsletter postage, meeting refreshments, beautification day planting, barbecue/children’s carnival activity, Parktacular float decorations, National Night Out block party and an ice cream social $2595 Sorensen Newsletter postage, welcome to the neighborhood, annual garage sale, summer picnic, winter skating party, playgroup, landscaping at Webster Park $3100 Kilmer Pond Flowers by park pond, debris cleanup at park pond, barbecue grill in park, newsletter postage & meetings, back to school hayride, annual garage sale and a spring fling ice cream social $1215 Birchwood Garage sale, annual party, Parktacular parade post party and railroad task force meeting mailing $3585 Fern Hill Welcome packets, flyers & newsletters, summer picnic, sledding/skating party, block parties, garage sale, planting party, 1 park bench and 2 park gardens 66 $2350 Browndale Newsletters quarterly, general meetings, picnic 2001, fall event 2001, skating event 2002, volunteer recognition, spring event 2002, maintain pond planting and maintain perennial garden $2155 Lenox Newsletter postage, quarterly meetings, welcome wagon, holiday in lights & sleigh ride, spring & fall potluck picnics, garage sale, Children First bike parade, Children First pizza family nights and three trees for the park Reviewed for Administration: Adopted by the City Council April 16, 2001 City Manager Mayor Attest: City Clerk 67 CONSENT ITEM # 3 St. Louis Park City Council Meeting of April 16, 2001 3. Motion to authorize execution of a contract with Norit Americas, Inc. for the purchase of Granular Activated Carbon (GAC) in the amount of $56,900 for Water Treatment Plant No. 1, (WTP #1) located at 2935 Jersey Avenue South and Water Treatment Plant No. 4 (WTP #4) located at 4601 W. 41st Street. Background: Granular Activated Carbon Treatment Plants are located at 2935 Jersey Avenue (Water Treatment Plant No. 1) and at 4601 W. 41st Street (Water Treatment Plant No. 4). These plants came on line in 1986 and 1993, respectively. These GAC plants treat drinking water contaminated by the Reilly Tar and Chemical Plant. This treatment is effective in removing polynuclear aromatic hydrocarbon (PAH) contaminants. The GAC absorbs the PAH’s as the contaminated water passes through the filters. The GAC eventually becomes loaded with the PAH particles, is no longer effective in the removal of the PAH’s, and must be replaced. The GAC treated water is continually monitored to measure the amount of PAH’s removed. When the level of PAH’s in the treated water increases to the Drinking Water Advisory Level the GAC is scheduled for replacement. The replacement of the GAC has been done annually at Water Treatment Plant No. 1 since the plant was put into service. GAC replacement at Water Treatment Plant No. 4 is anticipated to be done once every two or three years. Groundwater contamination is more severe at Water Treatment Plant No. 1 and there are two (2) filter vessels at Plant No. 1, while there are four (4) filter vessels at Plant No. 4. Bids were received on April 4, 2001 for the supply and regeneration of GAC for Water Treatment Plants No. 1 and 4. An advertisement for bids was published in the St. Louis Park Sun-Sailor on March 21, 2001. A summary of the bid results is as follows: Bidder Bid Amount Norit Americas, Inc. $ 56,900.00 Calgon Carbon Corporation $ 64,800.00 Financial Considerations: The bid amount of $56,900 is only a 2% increase over the 2000 contract with Norit Americas, Inc, which totaled $55,600. The 2001 Water Utility Budget provides $60,000 for this GAC exchange at Water Treatment Plants No. 1 and 4. Prepared by: Scott Anderson, Pubic Works Utility Superintendent Scott Merkley, Public Works Coordinator Through: Mike Rardin, Director of Public Works Approved by: Clint Pires, Deputy City Manager 68 CONSENT ITEM # 4 St. Louis Park City Council Meeting of April 16, 2001 4. 2001 Parks and Recreation Department Capital Improvement Projects • Motion to authorize the Mayor and City Manger to enter into an agreement with Game Time, St. Croix Recreation, Miracle Recreation of Minnesota, Flanagan Sales, Inc. and Earl F. Anderson for purchase and installation of play equipment at Oak Hill, Justad, Blackstone and Rainbow Parks with total expenditure for all equipment not to exceed $150, 000 out of the Parks and Recreation Fund and Park Improvement Fund. • Motion to authorize Bituminous Roadways, Inc. as the lowest price quote for trail paving at Blackstone Park with expenditures not to exceed $10,930 from the Park Improvement Fund. • Motion to authorize the expenditure of $42, 000 out of the Park Improvement Fund, tree preservation and planting allocation, to be used for purchase of 224 trees to be planted on City boulevards. PLAY EQUIPMENT PURCHASE AND INSTALLATION Background: The City annually solicits bids for the purchase and installation of play equipment at selected parks. Equipment replacement is based upon a combination of factors including age of the equipment, age and quantity of users, safety of the equipment, and Parks and Recreation program needs. In 2001, the City is replacing play equipment in Oak Hill Park, Justad Park, Blackstone Park and Rainbow Park. The City has been replacing play equipment on an organized, rotational basis, for the past 12 years to comply with current safety and Americans with Disabilities Act (ADA) requirements. City staff solicits bids and designs for play equipment from responsible vendors. Using these vendor bids and designs, the City Parks and Recreation staff conduct neighborhood meetings to allow the neighborhood residents to select the design. The playground equipment will be replaced in the same approximate location as it currently exists in each park area. The Oak Hill Park play equipment will be replaced as two separate play areas, similar to what currently exists, with a larger set located west of the main shelter building and the smaller (northern) set located west of the large picnic facility. The larger play set will be designed for 5 - 12 year old users, while the smaller set is designed for 2 - 5 year old users. Cost: Request for proposals for all sites were sent out February 9, 2001 to five local play equipment manufacturer representatives with cost expenditures and equipment criteria stated. The total cost of expenditures (including purchase and delivery of equipment, playground surface material and installation of equipment) for each selected park’s new play equipment are: 69 Park Location Total Cost Equipment Type Oak Hill Park* $ 55,000 Bright Primary, Option C (5-12 year olds) Oak Hill Park $ 15,000 Kompan (2-5 year olds) Justad Park $ 35,000 Miracle Blackstone Park $ 25,000 Little Tykes Rainbow Park $ 20,000 Landscape Structure The not to exceed $150, 000 figure out of the Parks and Recreation Fund and Park Improvement Fund is within the original 2001 budget, and these items went through normal bidding procedures. This project is anticipated for completion in August. Please note that these items are part of standard annual play set replacements, critical for maintaining safety. The Parks Master Planning process will certainly also include these items as well as a larger scope of facilities, buildings, shelters, etc. *The primary Oak Hill Park meeting was held on the evening of Thursday, April 12 (an afternoon session was also added to accommodate religious observance requests). This is one reason the agenda package delivery was delayed until Friday. BLACKSTONE PARK PAVING PROJECTS Background: Blackstone Park is being relocated as part of the large development that is occurring in its former site. As part of the relocation and development of the new park, an asphalt trail and ½ basketball court will be constructed. City staff met with the Blackstone neighborhood last summer to design the new park area. Currently the new park site has been rough graded and is awaiting final grade. Once the CSM contractor has completed the final grading, a new asphalt trail and ½ basketball court will be installed. A copy of the park design is attached. Cost: Price quotes were solicited on March 7, 2001 from four asphalt firms. The asphalt trail and basketball court specifications sent out meet current technology and design standards. Three quotes were subsequently received in the amounts as follows: Bituminous Roadways, Inc. $ 10, 900 rber Construction Company 0, 949 DMJ Corporation $ 11, 990 Bituminous Roadways, Inc. has successfully performed several new trail installations for the Parks and Recreation Department within the last five years, most recently at Twin Lakes Park (which included a trail and a basketball court). The price quote of $10,900 from Bituminous Roadways, Inc. falls within the funds budgeted for paving projects. This project will take only a few days to complete; however, its timing is contingent on CSM’s spring work and availability of Bituminous Roadways, Inc. Based on those factors, it will be completed as soon as possible. TREE PLANTING 70 Background: The City of St. Louis Park replaces approximately 100 trees annually. In 2001, staff is proposing the replacement of 224 trees, which are twice as many trees as usual due to the high incidence of Dutch Elm disease in 2000. One of the City’s Grounds and Natural Resources division's goal is to replaces trees that are lost because of storms, disease, and natural mortality. Because of the large numbers of trees lost since 1998, one-for-one tree replacement standards within the same year have not kept pace with boulevard tree losses. Thus, staff is recommending the replacement of twice the number of trees that normally are replaced on an annual basis. In 2001, the budgeted amount was $21,000 for tree replacement. The money was budgeted in the Park Improvement Fund using revenues generated through the Tree Preservation Ordinance. The Tree Replacement Fund generates money that is dedicated to the City as part of the Tree Preservation Ordinance. Developers are required to pay money to the City if they are not able to replace the necessary number of trees on site during their project. Staff is proposing that 224 boulevard trees be planted in 2001 totaling $42,000. Replacing 224 trees would allow the City to catch up on the trees that have been lost since 1998. The Tree Replacement Fund will have a balance of $140,000 after the money is received from the CSM/Rottland project. Given the need to replace a larger number of boulevard trees and the balance of the fund, staff is recommending that $42,000 is invested in tree replacements in 2001, rather than the $21,000 originally budgeted. Cost: Quotes for tree plantings were mailed to 11 different firms. Firms are given requirements for tree species, size, type of tree desired (balled and burlap were specified), and quantity. Four firms submitted price quotes as follows: Firm Average Tree Cost Fair’s Garden Center $ 190 Midwest Landscapes $ 191 Treemendous, Inc. $ 171 Wilson’s Nursery $ 205 Purchasing of specific tree species will affect the average cost, so numbers above are the best estimates available at this time. The Grounds and Natural Resources Division will use all four firms for the purchase of specific species, with an average cost of $181 per tree. In the past, the City staff has successfully used all contractors. Trees will be planted this spring with a combination effort of vendors and City staff. Attachments: Blackstone Park Map Prepared by: Cindy S. Walsh, Director of Parks and Recreation James Vaughan, Manager of Grounds and Natural Resources Approved by: Clint Pires, Deputy City Manager 71 CONSENT ITEM # 5 St. Louis Park City Council Meeting of April 16, 2001 5. Motion to adopt a resolution amending final plat resolution and extending plat- filing deadline to October 3, 2001 for Kieffer’s Addition Background: On November 20, 2000 the City Council approved preliminary and final plat with variances to the Subdivision Ordinance for Kieffer’s Addition, which split off portions of the lot at 2621 Virginia Avenue South to be combined with two adjacent lots that front on W. 26th Street. On February 5, 2001, the Council granted a 60-day extension to the plat-filing deadline to March 20, 2001. On March 19, 2001, the City Council approved an additional 2-week extension to April 3, 2001 to allow a refinancing of a mortgage necessary to obtain all of the signatures for filing the plat. The applicant has continued to experience difficulty refinancing the mortgage due to a bankruptcy of one of the parties. Therefore, the applicant has requested another extension. Since this issue seems to be taking some time to work out, staff recommends a 6-month extension. Recommendation: Staff recommends adoption of a resolution amending final plat resolution for Kieffer’s Addition and extending the plat-filing deadline to October 3, 2001. Attachment: • Proposed resolution Prepared by: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Clint Pires, Deputy City Manager 72 RESOLUTION NO. 01-032 Amends Resolutions 01-026 RESOLUTION AMENDING RESOLUTION 01-026 ADOPTED ON MARCH 19, 2001 APPROVING THE PRELIMINARY AND FINAL PLAT OF KIEFFER’S ADDITION WITH VARIANCES TO THE SUBDIVISION ORDINANCE FOR REDUCED SIDEWALKS, REDUCED PERIMETER LOT EASEMENTS AND TO WAIVE THE REQUIREMENT FOR A DEVELOPMENT AGREEMENT (EXTENSION FOR FILING OF PLAT) BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Marshall Kieffer, owner and subdivider of the land proposed to be platted as Kieffer’s Addition have submitted an application for approval of preliminary and final plat of said subdivision, with variances to the subdivision ordinance for reduced sidewalks, reduced perimeter lot easements and to waive the requirement for a development agreement, in the manner required for platting of land under the St. Louis Park Ordinance Code and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat have been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The subdivider has requested a 60-day extension for the filing of the final plat with Hennepin County due to refinancing issues. 4. The subdivider has requested an additional two-week extension for the filing of the final plat with Hennepin County due to refinancing issues. 5. The subdivider has requested an additional six-month extension for the filing of the final plat with Hennepin County due to refinancing issues. 6. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lot 15 & Lot 16, Block 3, South Westwood Hills Second Addition together with part of the north half of the northeast quarter of the southeast quarter, Section 7, Township 117, Range 21, Hennepin County Minnesota lying northerly of B.N.S.F. Railroad and easterly of Virginia Avenue 73 Conclusion 1. The proposed preliminary and final plat of Kieffer’s Addition, with variances to the Subdivision Ordinance, is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: A. Variances are approved from the Subdivision Ordinance for no sidewalks along 26th Street adjacent to lots 1 and 2 and to no improvements to the sidewalk on Virginia Avenue adjacent to lot 3, drainage and utility easements as shown on the final plat, and to waive the requirement for a Development Agreement, in accordance with the following findings: a) That there are special circumstances or conditions affecting the property such that the strict applicant of the provisions of the Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land. b) That the granting of the variances will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. c) That the variances are to correct inequities resulting from extreme physical hardship; d) That the variances are in harmony with the intent of the Comprehensive Plan. B. Before a final plat is signed by the City, the developer shall submit to the City a copy of owner’s policy of title insurance which insures the City’s interest in the plat, in an amount to be determined by the City. C. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. D. A 60-day extension from the original date approved for plat filing of January 19, 2001 shall be granted for filing of the final plat by March 20, 2001. E. An additional two-week extension from the March 20, 2001 plat-filing deadline shall be granted for filing the final plat by April 3, 2001. F. An additional six-month extension from the April 3, 2001 plat-filing deadline shall be granted for filing the final plat by October 3, 2001. provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk as provided for in Sections 14-303(3)(d) and (e) of the St. Louis Park Ordinance Code. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on 74 behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and Section 14-303(3)(e) of the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 14-303(3)(e), shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Reviewed for Administration: Adopted by the City Council April 16, 2001 City Manager Mayor Attest: City Clerk 00-53-AMEND3/N/res/ord 75 CONSENT ITEM # 6a MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, March 14, 2001 Council Chambers 5:00 p.m. MEMBERS PRESENT: Catherine Courtney, William Gavzy, Anne Mavity, Judith Moore, Shone Row STAFF PRESENT: Michele Schnitker, Sharon Anderson, Kathy Larsen, Nancy Sells OTHERS PRESENT: Logene Kobe, League of Women Voters Carl Lidstrom, Professional Risk Management Tom Hunt, Studio Five Architects Linda McCracken-Hunt, Studio Five Architects 1. Call to Order The meeting was called to order at 5:10 p.m. 2. Approval of Minutes for February 14, 2001 Commissioner Courtney moved approval of the minutes of February 14, 2001. 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. 3. Hearings: None 4. Reports and Committees: None 5. Unfinished Business: None 6. New Business a. Home Renewal Program – Authorization of a Purchase Agreement for 6513 Minnetonka Blvd. Ms. Larsen circulated photographs of the property. She stated that staff has received the signed purchase agreement from the owner. She explained that the City will acquire and demolish the house under the Home Renewal Program with the intention that it will be sold to a developer or builder for construction of a new 76 single family home with a value of at least 125% of the value of surrounding homes. Ms. Larsen described the property. She explained that CDBG funds will be used for reimbursing the cost of the acquisition, demolition, closing and legal costs. The closing could occur by April 30. Ms. Larsen stated that the owner requested language be removed from the agreement in Section 4.2 referencing removal of debris, etc. The Authority’s attorney agreed that the request is reasonable. Ms. Larsen said that demolition is proposed for mid-May with construction to begin in the summer. Commissioner Gavzy asked if a developer has been found. Ms. Larsen responded that a notice will be sent out to a list of developers and builders who have indicated an interest in the program. Commissioner Mavity asked about the CDBG funds available to the City for this program. Ms. Larsen responded that the City is still using its 1999-2000 CDBG grant and just submitted its request for 2001. She said that the City has about $107,000 allocated for the scattered site acquisition and demolition program. Commissioner Mavity asked about the Lead Paint Addendum referenced in the Purchase Agreement. Ms. Larsen responded that the Chairman will be asked to sign off on the addendum. Commissioner Moore moved that the Authority authorize execution of a purchase agreement with Paul Jasa for the purchase of 6513 Minnetonka Boulevard under the Home Renewal Program. 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. Insurance Contract Award Carl Lidstrom, the Authority’s risk management consultant, was introduced. Mr. Lidstrom reviewed the three quotes which were received from Minnesota Insurance, HAI and the Hendrickson Agency. Mr. Lidstrom discussed umbrella liability coverage. He stated that the statutory obligation of the Authority is $1,000,000 per occurrence. He noted that over the years the Authority board has chosen to purchase an umbrella liability policy and that it is a policy decision. Mr. Lidstrom provided definitions of insurance ratings. 77 Mr. Lidstrom discussed flood insurance for Hamilton House and explained that flood insurance will be the same cost from any insurance agent. Ms. Anderson reviewed the staff recommendation. Commissioner Gavzy asked if commissioners wished to discuss the umbrella policy. He asked Mr. Lidstrom if the Authority has adequate coverage for its maximum statutory liability without umbrella coverage. Mr. Lidstrom responded that the Authority does have adequate coverage unless it would lose in court. He added that the purpose of the statutory immunity is to protect governmental bodies for the activities they perform as government agencies. He stated that he feels uncomfortable when historically agencies have made the decision to purchase umbrella limits at a certain level and then decide to drop coverage. He added that the other side of the argument is that insurance costs are escalating very rapidly this year. Mr. Lidstrom commented that it seems to be a policy issue rather than something that can be quantified. Commissioner Mavity asked if most authorities regionally and nationally carry umbrella insurance and if so, what are the claim levels. Mr. Lidstrom responded that housing authorities frequently do not purchase umbrella insurance. Commissioner Moore said she favors the purchase of umbrella coverage. Commissioner Gavzy asked if commissioners wished to discuss any issues further. Commissioner Moore made a motion that the Authority (1) accept the proposal of Integrity offered through Minnesota Insurance Brokers at the rate of $15,456 for property, liability and crime; $1,403 for automobile, and $2,600 for umbrella liability; (2) obtain coverage through the City for workers’ compensation coverage at an approximate cost of $4,011 and for errors and omissions at about $500; and (3) authorize staff to renew the flood policy when it is due at an anticipated premium cost of $1,957. 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. c. Capital Improvement Work – BID Awards Tom Hunt and Linda McCracken-Hunt of Studio Five Architects were introduced. Ms. Anderson provided background on the quotations received. She cited concerns that staff and Studio Five have regarding the low bid for the main bid package. She referenced an attachment from Studio Five and the Authority’s attorney regarding concerns. 78 Commissioner Mavity asked about flooring at Hamilton House and if anything other than carpeting has been considered because of flooding. Ms. Anderson responded that other types of flooring have as many, if not more problems with flooding, such as buckling and tripping hazards. She cited repairs that have been made to address flooding such as re-routing roof drains and storm sewers. She also added that the City is doing a study of the holding pond that may lead to more flood-reducing improvements. Commissioner Courtney moved that the Authority authorize award of: Omann Brothers for asphalt work $5,540 Viking Nursery for landscape work 6,905 STS Flooring for carpet/vinyl at Ham. Hse. 52,940 Flag Builders for main bid package 109,990 Commissioner Courtney moved that an award for the 3973 Alabama garage work not be authorized at this time and suggested that it be awarded through a purchase order when the new quotations are received, if they are under the $25,000 threshold. In response to a question from Commissioner Moore regarding the funding source, Ms. Schnitker explained HUD’s formula based capital improvement funds which smaller authorities are now eligible for in place of the former CIAP program. Ms. Schnitker commented that without access to capital improvement funding this kind of work could not be accomplished, as the public housing budget is very tight. She added that this is the first time in three years that all items that were bid have been covered. Commissioner Mavity seconded the motion, and the motion passed on a vote of 5- 0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. Commissioners Courtney and Gavzy thanked Ms. Anderson and Studio Five for their excellent work on the project. d. Audit Services Contract Award Ms. Schnitker said that interviews with auditors have been completed. Staff is recommending that a contract be entered into with Kern, DeWenter, Viere, Ltd. Ms. Schnitker reported that the firm does extensive government auditing, particularly with housing authorities and redevelopment agencies. She said that good references were received from the South St. Paul Housing Authority. She added that the City of St. Louis Park has recently hired the firm to do its audit. Ms. Schnitker said that the firm is the lowest bid for 2001 but overall for three years they are the second lowest bid. Commissioner Gavzy asked why staff recommends Kern over Eide Bailly. Ms. Schnitker responded that the principals who would be assigned the audit attended the interview, and gave the appearance that customer service was very important 79 to them. She added that Kern has a very comprehensive first year plan which wasn’t offered by the other firms. The City’s staff accountant who will work most directly with the auditor was very comfortable with Kern, DeWenter, Viere as well. Commissioner Gavzy commented on the unique relationship between the auditor and the board. He asked if it makes sense for the board to be more involved in the selection of an auditor. Commissioner Courtney agreed that the board should be involved in the interviews, although not necessarily this year but in another three years when the contract ends. Commissioner Mavity suggested that these views could be conveyed to the firm and they could be asked to come to a board meeting before they begin their work so that a relationship could be established. Commissioner Gavzy asked about timing. Ms. Schnitker replied that staff is agreeable to do whatever the board desires but indicated that getting the firm under contract now is an issue for the Finance Dept. because the accountant requires their guidance in closing out the books for March 31. Ms. Schnitker stated that Kern, DeWenter, Viere said they would complete the audit in mid-May and would come to the board with their report in June or July. She said that timing of interviews could be a little difficult unless a special board meeting was held to award the contract. Ms. Schnitker said that perhaps the contract could be awarded for one year with an option to renew. Ms. Anderson said she thought the firm could work up the contract in any way the Authority requested. One issue she mentioned was the possibility of a change in the price that was quoted for the first year. Commissioner Gavzy said he endorsed the idea of having the firm address the board at the next meeting. Commissioner Courtney recommended that the next time the Authority does bids they should include a board member in the interview process. Commissioner Gavzy moved that the Authority approve a contract with Kern, DeWenter, Viere, Ltd. for auditing services for fiscal years ending March 31, 2001, 2002 and 2003 including a cancellation clause with or without cause with the request that the firm meets the board at the next meeting on April 11. 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. e. Pest Control Contract 80 Commissioner Courtney moved that the Authority approve a contract with Eco- Lab Services for pest control services at Hamilton House to begin on April 1, 2001, and terminate on March 31, 2003, at a quarterly fee of $100.00. 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. f. Public Housing Budget Update, Fiscal Year Ending March 31, 2002 Ms. Schnitker discussed the HUD delays, which have caused the submission of the budget to be postponed. Staff proposes to delay completion of the budget until HUD issues the inflationary change factor and the new operating subsidy calculation forms. If the HUD delay should continue, staff will develop a preliminary budget for the Board’s review with a final budget to follow. g. Section 8 Utility Allowance – Resolution No. 488 Ms. Schnitker explained that this year’s allowance analysis is a bit different as consumption in each category is averaged for the last three years. Also, Ms. Stromberg did research with the utility companies and other housing authorities to develop a formula for how much should be calculated for cooking, heating, water, heater, etc. Ms. Schnitker said staff wants to be as accurate as possible, making sure the allowance is adequate but not pushing it up too high which lowers the amount of rent participants can pay for a unit. A discussion was held about the incentive to conserve energy. Commissioner Mavity asked if staff is confident that the recommendation reflects costs accurately so that tenant’s total housing does not exceed 30%. Ms. Schnitker responded that staff feels this year’s analysis and research makes the utility allowance more accurate than last year’s allowance. Commissioner Courtney moved that the Authority approve Resolution No. 488 amending the Section 8 Utility Allowance Schedule. 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. 7. Communications a. Claims List No. 03-2001 Commissioner Courtney moved ratification of Claims List No. 03-2001. 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. 81 b. Communications Ms. Schnitker stated that Tamra Bokal has been hired as housing secretary and will begin work on March 26. Ms. Schnitker commented on discussions being held between staff and the Park Commons developer regarding financing and Hollman units. Ms. Schnitker updated the board on the Louisiana Court construction schedule. 8. Adjournment Commissioner Moore moved to adjourn the meeting at 6:50 p.m. Commissioner Courtney seconded the motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. Respectfully submitted, ________________________ Shone Row, Secretary 82 CONSENT ITEM # 6b OFFICIAL MINUTES PLANNING COMMISSION ST LOUIS PARK, MINNESOTA MARCH 21, 2001 --7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Michael Garelick, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian (arrived 7:05 p.m.) MEMBERS ABSENT: Sally Velick STAFF PRESENT: Judie Erickson, Scott Moore, Janice Loftus 1. Call to Order - Roll Call Vice Chair Gothberg called the meeting to order at 7:00 p.m. 2. Approval of Minutes of March 7, 2001 Mr. Robertson moved approval of the minutes and the motion passed on a vote of 3-0-2 with Garelick, Gothberg and Robertson voting in favor and Bissonnette and Morris abstaining. 3. Hearings: A. Request of TOLD Development for: (continued 2-21-01) Case No. 01-06-S - Park Commons Preliminary Plat Case No. 01-07-PUD – Park Commons Preliminary PUD B. Case No. 01-08-VAC – Request of City of St. Louis Park to vacate portions of Natchez Avenue, Ottawa Avenue, 38th Street, Princeton Avenue and an alley in Park Commons East (continued 2-21-01) Ms. Erickson stated that she understands that the Planning Commission has discussed these cases in the past. Even though the public hearing notice has been published for these cases, staff has incomplete information at this time and staff is recommending that the hearings be continued to April 18th when it is anticipated that there will be more information. Vice Chair Gothberg opened the public hearing and there being no one wishing to speak, he closed the public hearing. Mr. Morris moved to continue the hearings until April 18th and the motion passed on a vote of 5-0 with Bissonnette, Garelick, Gothberg, Morris and Robertson voting in favor. 83 C. Case No. 01-04-CUP – Request of Marshall Kieffer for a Conditional Use Permit to permit the removal of more than 400 cubic yards of material for the construction of two single family homes and a large holding pond for properties zoned R-2 Single Family located at 2839 and 2843 Toledo Avenue. Mr. Moore presented a staff report and concluded that staff recommends approval of the conditional use permit to permit the removal of 400 cubic yards of material and the construction of two single family homes and a large holding pond subject to the conditions included in the staff report. Ms. Bissonnette asked staff if there is an existing pond in St. Louis Park similar to the dry pond being proposed. Mr. Moore stated he is not aware of any pond similar to this size and nature. The normal dry ponding or ponding areas are graded without engineered walls like this proposal and they are not that noticeable. With the construction of the two new homes, the applicant needs to provide the adequate ponding to ensure that the neighboring properties do not flood. Ms. Erickson stated there is an instance in the Park Nicollet area where we do have underground storage tanks that hold the storm water. Mr. Moore stated that the cost of underground storage would be a lot more than what is being proposed here because instead of the retaining size, it would be necessary to go to a structural poured concrete wall with a precast concrete slab across the top. The cost would be significantly increased. Mr. Robertson asked if there are any sketches showing a potential 20 foot by 20 foot or 400 square foot area. As he looks at the plan, he would be hard pressed to make that work. Mr. Moore has mentioned this requirement to the applicant and he has indicated that the homes wold be moved and shifted to meet that requirement. Right now the way the homes sit on the property, they are fairly close to meeting this requirement. The house to the north, 2839 Toledo, the dimension from the property line to the side of the house is 19.67 feet so they are only 3-4 inches short. Staff believes that meeting this minimum 20 foot dimension for the useable open space can easily be satisfied. Mr. Garelick said that in reviewing the current real estate report, it shows that the applicant is trying to sell the lots. Did the applicant come to the City with a contingency plan. Mr. Moore stated it is his understanding that the applicant owns the property and intends to sell these homes after they are built. 84 Ms. Bissonnette said she assumes that part of the 400 cubic yards of soil being removed for excavation will be used for fill because it appears that the lot has a complete drop off. Mr. Moore stated that the net loss on the property would be over 400 cubic yards requiring the conditional use permit. This will require approximately 40 trucks. Marshall Kieffer stated he has talked with public works staff regarding truck routes. Vice Chair Gothberg asked, relative to the size of the proposed dry pond, how does that compare with the current ponding ability of that low area on the lots. Mr. Moore stated that with what the applicant is proposing, it will actually exceed what the current ponding on the property does. This will be a better situation for the homeowner directly to the east of the 2843 house, because with the new installed pond, it will bring that home out of the floodplain. Vice Chair Gothberg asked relative to the deep pond surrounded by a six foot fence, if someone did climb over the fence or if a deer jumped over the fence into the pond, how would anyone ever know if anything is in the pond. Mr. Moore said he would assume that the people living in the homes would be able to check the pond; there will be gates to the ponding area. There will be requirements for responsibility for maintenance and cleaning. The last thing the City would want is for this to turn into a garbage collector. Ms. Bissonnette asked for clarification on who will have this responsibility. Mr. Moore stated that the two homeowners will have the responsibility, and that will be put into an agreement between the two home owners and filed with the property. In the event the homes are sold in later years, the new purchaser will be made aware of this requirement. Ms. Bissonnette asked if the City has maintenance plans for this type of regulation. Mr. Moore said the maintenance requirements will be reviewed by the Public Works Department as to whether it is bi-annual or quarterly cleaning. Those specifics have not yet been determined. Mr. Morris said what is being proposed is to create a private, fenced-in hole, which doesn’t seem like a good safety issue. He suggested a slated or picket fence which could screen but not be invisible. Mr. Morris suggested that staff and 85 the applicant discuss how this could be done. Mr. Morris said he is willing to support the recommendation but wanted to provide this advice. Mr. Robertson asked if everything inside the fence is not considered open space. Mr. Moore responded that is correct. Ms. Bissonnette commented that she noticed a grove of trees in the area. Mr. Moore said that he believes the trees are on the Kieffer property. Ms. Bissonnette asked if there were any provisions to replant trees. Mr. Moore responded that the tree replacement ordinance for single family homes exempts these lots so replacement would not be required. Vice Chair Gothberg opened the public hearing. Marshall Kieffer, applicant, introduced himself. He said the current ponding capacity is approximately 6,000 cubic gallons of water. He said it drains naturally through the ground. Mr. Kieffer remarked that the original proposal was for 100-year flood event with 14,000 cubic gallons without outflow, pump, or generator. He explained that the City’s engineering consultant felt it needed to have an outflow and corrected the applicant’s numbers and said it was a 100-year snow melt which is 7.2” of snow melting over a 10 day period to give a 100-year snow melt with no outflow. Mr. Kieffer said that figure comes in at about 19,000. He said with that, his plan now incorporates the pump and emergency generator. Mr. Kieffer said his attorney has been working with the City Attorney on cross easements and pump responsibilities. Mr. Kieffer said the original fence discussed was a box-style with visibility through the slats. The report describes removal of the footholds. He said he did tell Mr. Moore that either fence is fine with him. In regards to the market, Mr. Kieffer said he is working with a builder who is waiting for him to complete the City planning process. He said at one time he had a pre-sold buyer who is undecided at this time because the process has taken so long. Mr. Kieffer said he is looking at putting in two homes of value around $250,000, two-stories with walk-out basement. Mr. Kieffer has been in contact with affected neighbors. Neighbors on the north have indicated their support. Neighbors on the south support the property and approve of a six-foot fencing for safety. Mr. Kieffer stated that the property owner on the east, Peter Levy, was in attendance. Mr. Kieffer said that Mr. Levy has been most affected by water, once or twice, in the last nine years. Peter Levy, 2842 Salem Ave., said he is concerned about crowding with two houses on an 80 ft. lot. He said that the pond and what it does to his yard and neighbors’ yards is a concern. He is concerned about the 6 ft. fence and 86 understands it is needed for safety. Mr. Levy stated that he is concerned about the long term effect. He stated that he’s a long time resident and plans to stay for a number of years. He mentioned that there has been a lot of uncertainty regarding the property and he is the resident most affected. Mr. Levy said he is not opposed to the plan but he is concerned about what it does, the look, leaves, clogging, rodents, and maintenance. Mr. Kieffer said that if everything goes through, he expects to have a $74,000 escrow account that will be put in place. He stated that Mr. Levy’s concerns should be addressed in the attorney letters regarding cross easements and development agreement. Mr. Kieffer commented that Pete Willenbring, the City’s engineering consultant, has provided professional direction in developing this on a commercial level rather than a residential level regarding quality of materials. Vice Chair Gothberg opened the public hearing and there being no one additional wishing to speak, he closed the public hearing. Mr. Morris asked staff about the City’s ability to enforce maintenance issues since the pond is on private property. Mr. Moore responded that it is his understanding that the pond will remain a dry pond except during a storm event. He said the City is requiring that the applicant enter into a development agreement to address maintenance issues. Mr. Moore explained that typically if a party doesn’t adhere to a development agreement, the City will do the work and assess the costs to the owner. Mr. Robertson asked if the applicant has determined costs for an underground structure with a concrete cap. Mr. Kieffer responded that the additional concrete walling alone without a cap was an additional $28,000 - $35,000. An estimate was not done for a cap. He said that the City’s biggest concern from early discussions were the geo-grids on the back side of the keystone walls. He stated that a concrete cap would be too cost prohibitive to make the project work. Mr. Robertson asked the applicant if the property value would increase by $20,000 if the backyards were still open. Mr. Kieffer responded that the limit is being pushed for a highway frontage property. He commented on a market analysis for the property. Mr. Garelick said the backyards would not be a factor. 87 Mr. Kieffer said that safety is the concern. He explained that the open fence is a safety feature. The new design gives a buffer of roughly four to five feet before the keystone wall. Ms. Bissonnette asked if there was a way to naturalize the design. Mr. Moore responded that even if one of the homes were removed, in order to meet the ponding requirements staff still does not believe that enough natural area could be made for a pond. The way the applicant is proposing with a structural holding pond seems to be the only way to meet the 100-year flood calculations. Vice-Chair Gothberg stated that he does not support the proposal. He said his preference would be to support a proposal that granted a variance from meeting the 100-year calculations and provided enough holding capacity equivalent to current capacity, or a little more, which would allow for more of a grassy area with a couple of small terraces sloping to a pump sump. He said that would make it a much more attractive long term proposition. Mr. Moore responded that all concerned would like to reduce the size of the pond. He said that a variance cannot be granted for the floodplain section of the code. Lessening the ponding requirements by variance is not an option. Ms. Bissonnette asked about the possibility of compensating storage in this area. Mr. Moore replied that the area in question is the natural lowpoint for the surrounding properties. He said in the event of the 100-year event, water would start encroaching onto other properties. The applicant is providing more than what is required which will benefit the surrounding properties. Mr. Robertson said the project doesn’t feel right to him. He stated it is hard to support the proposal which will be unfriendly to the neighborhood for the rest of time when there is a physically feasible way to do it for a small increase in cost that would be better for surrounding properties. Mr. Morris moved to grant approval of the Conditional Use Permit subject to staff recommendations as submitted. Mr. Robertson said he would like to see hours of soil removal changed to end at 6:00 or 7:00 p.m. rather than 9:00 p.m. Mr. Morris accepted the change as a friendly amendment to the motion. The motion failed on a tie vote of 3-3-0 with Garelick, Morris and Timian voting in favor and Bissonnette, Gothberg and Robertson voting against. Mr. Morris moved that the matter be sent forward to the City Council without recommendation of the Planning Commission for the purpose of bringing it to the 88 City Council for discussion. The motion passed on a vote of 6-0 with Bissonnette, Garelick, Gothberg, Morris, Robertson and Timian voting in favor. D. Request of Ugorets Properties for: Case No. 00-05-S -- Ugoret’s Addition Preliminary Plat Case No. 00-14-VAR – Variance from the Subdivision Ordinance to eliminate the requirement for a sidewalk along the abutting public rights of way of West 23rd Street and Highway 100 West Frontage Road Ms. Erickson stated that the property is located on the south side of Burlington Northern and on the west side of Highway 100 and north of 23rd Street. The property is currently occupied by an industrial use called Midland Glass. Ms. Erickson said that Ugorets has recently purchased an adjacent strip of property from Burlington Northern Santa Fe Railroad which is 14.9 feet deep and 234 feet wide. The purchase was made for a proposed building addition. Ms. Erickson explained that in order to do a building addition, a replatting is necessary in order to remove the property line between the existing parcel and the recently acquired parcel. She stated that the applicant is requesting preliminary approval with a variance to eliminate a requirement to build a sidewalk along all public streets. She added that the preliminary plat requires a public hearing and the future building addition does not require either Planning Commission or City Council approval. Ms. Erickson said that a portion of the recently purchased property is encumbered by a lease agreement in favor of the City for the regional trail. She stated that the applicant cannot dedicate a trail easement on the plat, but is granting an easement on a separate document for trail purposes. Ms. Erickson said that a copy of the preliminary plat has been submitted to MnDOT and to the utility companies. No issues from these bodies have come to the attention of staff. Ms. Erickson said that she has just learned that the proposed building is going to be very close to the proposed trail location. She explained that because of that, the construction of a building may infringe on or cause damage to the trail. Ms. Erickson said she is proposing to add some additional conditions to the recommendation regarding that issue. Ms. Erickson provided information on the variance request. She explained that because of a fairly significant topography, there is a 10-foot grade difference between the frontage road on the east side of the parcel and the parcel property line. She stated that a significant retaining wall would be required in order to construct any kind of a sidewalk. Ms. Erickson added that as the frontage road goes under a bridge under Hwy. 100, there is no room to continue any kind of a sidewalk in that location. Staff feels that circumstances and conditions are being met to grant a variance. Ms. Erickson commented that there are residents living south of the property who cut through the property in order to get to the trail. She stated that although staff feels some kind of accommodation should be made for these residents, it isn’t the property owner’s responsibility. She said that the City needs to look at a different kind of trail access for them. Ms. Erickson said 89 one option that exists currently is a formal trail on the east side of Hwy. 100 and a pedestrian bridge at 26th Street where residents can cross and reach the regional trail. She noted that the City’s Comprehensive Plan Trail and Sidewalk Master Plan does not show a trail in the area to be connected to the regional trail. Ms. Erickson said that probably the City would like to provide a trail if possible but there is no way to do it without an easement over private property. Ms. Erickson added the following to the conditions of the staff recommendation: 2. b. A development agreement shall be executed between the developer and the City that covers at a minimum, tree replacement, and repair and cleaning of public streets. Repairing of the trail if damaged during building construction on the property. 5. Prior to issuance of any building permits, which may impose additional requirements, the developer shall furnish the City with evidence of recording of the final plat and trail easement. And if determined necessary by the City Council a Letter of Credit for reconstructing the trail should it be damaged by building construction. Vice Chair Gothberg opened the public hearing. Alex Ugorets, applicant, said the application is a legal procedure to merge the two lots for an addition to the building. He said the sidewalk is impossible to build. Mr. Ugorets said for safety and liability reasons he desires to eliminate the cut- through traffic through the industrial property. Vice Chair Gothberg closed the public hearing as there were no others wishing to speak. Mr. Morris said that he agreed with Mr. Ugorets and with the staff report. He said that he does have apprehensions about giving up the sidewalk entirely. Mr. Morris suggested that the Planning Commission approves the preliminary plat but grants a temporary variance. He suggested the following condition: A temporary variance for sidewalk be approved and should there be a future need for sidewalk, property owner shall provide such as required by the land subdivision ordinance. Ms. Erickson responded that a sidewalk would be built on MnDOT right-of-way. Ms. Erickson said if the suggestion was approved by the Planning Commission, she would try to use language that meets Mr. Morris’ intent. Mr. Robertson agreed with Mr. Morris. He added that he doesn’t see that it is such a huge burden to put the sidewalk in at this time. He suggested that the retaining walls might not be that expensive. He said he was concerned that stating future need as a condition was too ambiguous. He said he would have trouble granting the variance. 90 Mr. Morris commented on the reference on the proposed plat to the MnDOT easement. He understood the applicant’s ability to construct a sidewalk would be prohibited by the easement. The applicant would have to get a release of the easement. Mr. Morris said he didn’t know if legally or physically a sidewalk could occur now. Mr. Robertson agreed that was a good point. Ms. Erickson said the reconstruction of Hwy. 100 is on MnDOT’s CIP for between 2005-2010. She said preliminary designs will probably be available in the next couple of years. She commented on the difficult access residents have to the trail. Ms. Erickson said if there was some way to gain more ground under the bridge, sidewalks might be possible. Mr. Morris asked Ms. Erickson if she was suggesting that the need for sidewalk would hopefully be addressed at the time MnDot does its design. Ms. Erickson responded that was correct. Vice Chair Gothberg said it seemed to be more than just the sidewalk issue and included the overall issue of access to trail and crossing the railroad tracks in that area. He said he thought if a future requirement was put on the property owner it probably wouldn’t have any impact other than being a long term burden that might never happen. Mr. Morris said he would not make an amendment to the staff recommendation as the City Council can decide as to the issue about placing a future burden on the property owner for sidewalk construction. Ms. Bissonnette moved to recommend approval of preliminary plat with variance subject to conditions as recommended by staff including amendment to conditions 2b and 5. The motion passed on a vote of 6-0 with Bissonnette, Garelick, Gothberg, Morris, Robertson and Timian voting in favor. Mr. Garelick inquired about how fees are set for subdivisions or park dedication. Ms. Erickson responded that fees for subdivision are set by City Council and vary according to the number of lots. She said the park dedication fee for commercial property is determined by the type of property, size of property, value of property and for residential it is determined by the number of units. Ms. Erickson said according to the City Attorney, unless lots are actually being divided, a park dedication fee cannot be charged. 4. Unfinished Business 5. New Business A. Consent Agenda: None 91 B. Other New Business: None 6. Communications A. Recent City Council Action – March 19, 2001 B. Board of Zoning Appeals Minutes December 5, 2000 C. Board of Zoning Appeals Agenda March 22, 2001 D. Other 7. Miscellaneous A. Annual Real Estate Report –Michael Garelick Mr. Garelick presented a market analysis of current real estate trends in St. Louis Park. • 12,000 houses in SLP • Currently less than 40 homes for sale – average selling time within one week • Townhouse/Condominium market exploding (most units at 5101 Minnetonka Blvd sold) • Average selling price is $267,000 • Second alphabet – cape cods selling for $175,000 • Ramblers selling for $165,000 • First alphabet – homes selling for $20-30,000 more than second alphabet • St. Louis Park is an expensive place to live – homes sell for less to the west and north • Typical buyer is 25-30 age range – single women (for safety reasons) and professional types with 1-2 children. He said some homes are wearing out. We need to think of how to fix up what we have with special programs. SLP lots too small. Comments made that Richfield has been aggressive in purchasing homes and rebuilding. One program was used to purchase two neighboring homes and construct one replacement home on the double lot. Mr. Garelick said that he recently attended a realtor education session in Brooklyn Park and suggested that St. Louis Park sponsor such a seminar. 8. Adjournment Vice Chair Gothberg adjourned the meeting at 8:35 p.m. Respectfully Submitted, Janice Loftus Administrative Secretary 92 CONSENT ITEM # 6c April 6, 2001 VENDOR NAME DESCRIPTION AMOUNT 2001 SENIOR CLASS PARTY UNREALIZED GRANT REVENUE 500.00 5 AND 10 SMALL TOOLS 17.34 ACTION RADIO & COMM INC RADIO COMMUNICATIONS 40.28 AIRLIFT DOORS INC BUILDING MTCE SERVICE 394.65 ALLIANCE MECHANICAL SERVICES I BUILDING MTCE SERVICE 941.00 ANN'S TOOL SUPPLY GENERAL SUPPLIES 96.94 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 933.92 ARROWHEAD EMS ASSOCIATIONS TRAINING/CONFERENCES/SCHOOLS 210.00 AUTOMOTIVE TECHNICIANS NETWORK SUBSCRIPTIONS/MEMBERSHIPS 30.00 BAKER, BETSY OTHER CONTRACTUAL SERVICES 101.71 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87) BERNDT ELECTRIC SERVICE BUILDING MTCE SERVICE 965.06 BG CONSULTING TRAINING/CONFERENCES/SCHOOLS 238.00 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 350.89 BOY SCOUT TROOP #369 UNREALIZED GRANT REVENUE 300.00 BOYER TRUCK PARTS EQUIPMENT PARTS 186.93 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BURMASTER, THERESA CERTIFICATE OF COMPLIANCE 25.00 CHRISTENSEN, MARY LOU YOUTH ATHLETICS/LEAGUES-exempt 25.00 CHRISTIANS INC DEPOSITS PAYABLE 500.00 CITY OF SLP SAFETY CAMP UNREALIZED GRANT REVENUE 500.00 CMC RESCUE INC. TRAINING/CONFERENCES/SCHOOLS 1,180.00 COLLISYS ELECTRIC CO BUILDING MTCE SERVICE 71.00 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CORDELL, WATSON CERTIFICATE OF COMPLIANCE 25.00 CRILEY, KATHI L GENERAL SUPPLIES 79.82 CRYSTEEL TRUCK EQUIP INC EQUIPMENT PARTS 216.33 CUSTOM PRODUCTS & SERVICES OTHER CONTRACTUAL SERVICES 2,462.25 DALCO CLEANING/WASTE REMOVAL SUPPLY 1,808.56 DAS MANUFACTURING INC GENERAL SUPPLIES 365.43 DRYWALL SUPPLY INC BLDG/STRUCTURE SUPPLIES 153.66 DUNLAP, REG GENERAL SUPPLIES 50.00 ECONOMICS PRESS INC SUBSCRIPTIONS/MEMBERSHIPS 27.27 ELAN MEETING EXPENSE 443.16 ELEMENT K JOURNALS SUBSCRIPTIONS/MEMBERSHIPS 109.00 EMERGENCY MEDICAL PRODUCTS NON-CAPITAL EQUIPMENT 302.69 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 58.58 ERV'S LAWN MOWER REPAIR SMALL TOOLS 9.46 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FISCHER, STEPHANIE AQUATIC PARK SEASON TICKETS 20.00 FLOYD TOTAL SECURITY BLDG/STRUCTURE SUPPLIES 67.54 FRASER, BRYON TRAINING/CONFERENCES/SCHOOLS 325.51 FRIENDS OF THE ARTS UNREALIZED GRANT REVENUE 900.00 93 GARELICK STEEL CO GENERAL SUPPLIES 482.44 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GILLESPIE, MARY YOUTH ATHLETICS/LEAGUES-exempt 83.00 GIRL SCOUT TROOP #716 UNREALIZED GRANT REVENUE 200.00 GOODYEAR BRAD RAGAN TIRE & SER EQUIPMENT MTCE SERVICE 307.70 GRAFIX SHOPPE EQUIPMENT MTCE SERVICE 515.21 GRAINGER INC, W W EQUIPMENT PARTS (61.18) GREENMAN TECHNOLOGIES OF MN IN CLEANING/WASTE REMOVAL SUPPLY 39.20 GROUNDWATER MODEL PROJECT GENERAL SUPPLIES 380.00 HACH COMPANY GENERAL SUPPLIES 74.64 HARMON INC OTHER CONTRACTUAL SERVICES 561.25 HASLERUD, CARRIE GENERAL SUPPLIES 71.50 HENN CO TREASURER GENERAL SUPPLIES 1,582.38 HENNEPIN CO TREASURER SUBSISTENCE SERVICE 1,509.16 HENNEPIN COUNTY SHERIFFS DEPT SUBSISTENCE SERVICE 226.05 HENNEPIN COUNTY TREASURER PROFESSIONAL SERVICES 1,175.20 HOFFMAN, BRIAN TRAINING/CONFERENCES/SCHOOLS 80.00 HOME DEPOT/GECF GENERAL SUPPLIES 30.57 HOME HARDWARE GENERAL SUPPLIES 186.06 HUMPHREY, CAROLE OTHER CONTRACTUAL SERVICES 11.71 I A A I TRAINING/CONFERENCES/SCHOOLS 200.00 I T L PATCH COMPANY GENERAL SUPPLIES 191.70 ICE SKATING INSTITUTE OF AMERI GENERAL SUPPLIES 275.08 ICI DULUX PAINT CENTERS GENERAL SUPPLIES 25.78 INFRASTRUCTURE TECHNOLOGIES IN NON-CAPITAL EQUIPMENT 180.89 INTERNATIONAL CONF OF BUILDING GENERAL SUPPLIES 34.70 INVENSYS METERING SYSTEMS EQUIPMENT MTCE SERVICE 750.00 IOS CAPITAL RENTAL EQUIPMENT 170.40 IVERSON, RONALD SALARIES - REGULAR EMPLOYEES 53.44 JOSEPH CATERING OTHER CONTRACTUAL SERVICES 228.14 K C GROVES TREE EXPERTS CLEANING/WASTE REMOVAL SERVICE 575.10 KARSTENS, ROXANNE CERTIFICATE OF COMPLIANCE 25.00 KELLER, ROBERT YOUTH ATHLETICS/LEAGUES-exempt 22.50 KENNEDY & GRAVEN DEPOSITS PAYABLE 448.40 KIENENBERGER, BRIDGET MILEAGE-PERSONAL CAR 104.93 KILMER NEIGHBORHOOD ASSOC UNREALIZED GRANT REVENUE 90.00 KOINONIA RETREAT CENTER UNREALIZED GRANT REVENUE 460.00 LANGEFELS, DOUGLAS RENTAL EQUIPMENT 58.82 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 1,787.50 LENOX NEIGHBORHOOD ASSOCIATION UNREALIZED GRANT REVENUE 200.00 LEWIS, ANNIE YOUTH ATHLETICS/LEAGUES-exempt 27.00 LIBERTY TOOL & ENGINEERING GENERAL SUPPLIES 308.40 LIGHT CYCLE INC GENERAL SUPPLIES 1,045.20 LUTHER HOPKINS TOWN & COUNTRY EQUIPMENT PARTS 30.57 MACQUEEN EQUIP CO EQUIPMENT PARTS 22.26 MARQUARDT, DAVID TRAINING/CONFERENCES/SCHOOLS 272.00 94 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,286.25 MCCOY OIL COMPANY OTHER IMPROVEMENT SUPPLIES 159.75 MEDSOFT CORPORATION OTHER CONTRACTUAL SERVICES 303.00 MENARDS SMALL TOOLS 135.66 METRO SYSTEMS GENERAL SUPPLIES 113.00 METRO VOLLEYBALL OFFICIALS OTHER CONTRACTUAL SERVICES 328.00 METROCALL GENERAL SUPPLIES 3.74 MIND SHARP TRAINING/CONFERENCES/SCHOOLS 129.00 MINN BLUE DIGITAL GENERAL SUPPLIES 8.05 MINN REAL ESTATE JOURNAL SUBSCRIPTIONS/MEMBERSHIPS 130.00 MINNESOTA PARENT OTHER ADVERTISING 150.00 MINUTEMAN PRESS PRINTING & PUBLISHING 59.25 MN CONSERVATION VOLUNTEER SUBSCRIPTIONS/MEMBERSHIPS 20.00 MN DEPT OF HEALTH TRAINING/CONFERENCES/SCHOOLS 780.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MN POLLUTION CONTROL AGENCY LICENSES/TAXES 26.70 MTI DISTRIBUTING CO MSC REPAIR CHARGES 28.93 NELSON, JODI CERTIFICATE OF COMPLIANCE 25.00 NORTHWEST GRAPHIC SUPPLY CO GENERAL SUPPLIES 23.69 NSP CO ELECTRIC SERVICE 13.58 OFFICE DEPOT TRAINING/CONFERENCES/SCHOOLS 292.47 OLSEN CHAIN & CABLE CO INC GENERAL SUPPLIES 813.58 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) P & L AUTOMOTIVE INC EQUIPMENT MTCE SERVICE 230.00 PARK NICOLLET CLINIC HSM PROFESSIONAL SERVICES 20.00 PARKTACULAR/JACKIE JONES UNREALIZED GRANT REVENUE 810.00 PARTS PLUS EQUIPMENT PARTS 120.63 POMMER MFG CO INC GENERAL SUPPLIES 332.77 PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 86.60 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) RC INDENTIFICATIONS GENERAL SUPPLIES 5.33 ROSHOLT, PAUL TRAINING/CONFERENCES/SCHOOLS 46.44 S & S WORLDWIDE GENERAL SUPPLIES 112.26 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SCHELEN-GRAY AUTO ELECTRIC EQUIPMENT PARTS 278.15 SCHOELL & MADSON INC PROFESSIONAL SERVICES 1,488.89 SCIENCE MUSEUM OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 139.00 SEDGWICK CMS PROF/CONSULT SERVICES 1,720.00 SEVEN CORNERS ACE HDWE NON-CAPITAL EQUIPMENT 1,105.74 SIGN ART CO INC PROFESSIONAL SERVICES 14,521.12 SLP CHEERLEADING SQUAD UNREALIZED GRANT REVENUE 600.00 SLP COMMUNITY ED DIST #283 UNREALIZED GRANT REVENUE 400.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SLP SCHOOL DIST 283 UNREALIZED GRANT REVENUE 800.00 SLP SENIOR HIGH UNREALIZED GRANT REVENUE 500.00 SLP YOUTH DEVELOPMENT COMMITTE UNREALIZED GRANT REVENUE 500.00 SOKRATOV, NIKOLAY CERTIFICATE OF COMPLIANCE 25.00 SPITERI, PAULA OTHER IMPROVEMENT SERVICE 151.96 ST LOUIS PARK DOLLARS FOR SCHO UNREALIZED GRANT REVENUE 500.00 ST LOUIS PARK IND SCHOOL DIST UNREALIZED GRANT REVENUE 1,000.00 95 ST LOUIS PARK SOCCER ASSOCIATI UNREALIZED GRANT REVENUE 1,000.00 STECK, JANE OTHER CONTRACTUAL SERVICES 27.57 STEINHILBER, PAUL TRAINING/CONFERENCES/SCHOOLS 28.00 STRATEGIC INSIGHTS COMPANY EQUIPMENT MTCE SERVICE 1,278.00 SUBURBAN PROPANE MOTOR FUELS 75.55 SUN NEWSPAPERS LEGAL NOTICES 514.80 SUPERIOR FORD MACHINERY & AUTO EQUIPMENT 109,770.00 SURVIVALINK GENERAL SUPPLIES 207.70 TARGET/DAYTONS GENERAL SUPPLIES 89.97 TEKSYSTEMS PROFESSIONAL SERVICES 1,400.00 TENNANT EQUIPMENT MTCE SERVICE 345.94 THE JOURNAL OF LIGHT SUBSCRIPTIONS/MEMBERSHIPS 64.95 TIERNEY BROTHERS INC OFFICE SUPPLIES 91.69 TKDA PROFESSIONAL SERVICES 365.10 TOTAL MEDIA INC. GENERAL SUPPLIES 59.35 TRACY/TRIPP FUELS MOTOR FUELS 10,372.75 U S WEST COMMUNICATIONS TELEPHONE 39.09 UNIVERSITY OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 150.00 VIKING OFFICE PRODUCTS OFFICE SUPPLIES (9.61) VOELKER, STACY M GENERAL SUPPLIES 162.10 VOSS LIGHTING GENERAL SUPPLIES 1,111.71 WALSER FORD EQUIPMENT PARTS 145.20 WCRA WORKERS COMPENSATION INSURANCE 4,405.24 WECKER, KATHLEEN OTHER CONTRACTUAL SERVICES 1.49 WELLS FARGO REMITTANCE CTR TRAINING/CONFERENCES/SCHOOLS 5,969.73 WEST HENNEPIN COMM SVCS UNREALIZED GRANT REVENUE 450.00 WHEELER HARDWARE BLDG/STRUCTURE SUPPLIES 911.91 WSB ASSOCIATES INC PROFESSIONAL SERVICES 2,300.00 201,236.59 April 13, 2001 VENDOR NAME DESCRIPTION AMOUNT ADVANCED TECHNOLOGY SYSTEMS IN OFFICE SUPPLIES 452.39 AIRTOUCH CELLULAR OTHER CONTRACTUAL SERVICES 2,264.13 ALBERS MECHANICAL SERVICES BUILDING MTCE SERVICE 508.50 ALBINSONS GENERAL SUPPLIES 1,586.85 ANCHOR PAPER CO GENERAL SUPPLIES 720.03 APPLIED CONCEPTS INC EQUIPMENT MTCE SERVICE 44.60 AQUA-PHIN INC. EQUIPMENT MTCE SERVICE 1,434.40 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 515.16 ARUNA RANI KUMARASWANY SKATING LESSONS-tax exempt 55.00 AUTO GLASS SPECIALISTS INC EQUIPMENT MTCE SERVICE 680.18 BACHMANS BUILDING MTCE SERVICE 106.50 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS 89.54 BIRNO, RICK MILEAGE-PERSONAL CAR 115.23 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 94.97 BOYER TRUCK PARTS EQUIPMENT PARTS 238.98 96 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) CALIFORNIA CONTRACTORS SUPPLIE SMALL TOOLS 257.50 CALL ONE INC GENERAL SUPPLIES 70.60 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 515.73 CARTRIDGE CARE COMPUTER SUPPLIES 2,129.67 CHENEY SIGNS OFFICE SUPPLIES 21.65 COFFEE MILL INC GENERAL SUPPLIES 129.80 COLLINS COMMUNICATIONS GENERAL SUPPLIES 87.22 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) DATABASE TECHNOLOGIES INC OTHER CONTRACTUAL SERVICES 140.00 DOBBINS & ASSOCIATES, MARY G PROFESSIONAL SERVICES 180.00 ELLIS, PHYLLIS DOGS 5.50 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 23.80 EVERGREEN LAND SERVICES CO PROFESSIONAL SERVICES 55.00 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FRANKIES GENERAL SUPPLIES 56.16 GAMSON, C. IAN CERTIFICATE OF COMPLIANCE 25.00 GARY GROEN PROFESSIONAL SERVICES 3,100.00 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GOVT FINANCE OFFICERS ASSOC TRAINING/CONFERENCES/SCHOOLS 127.50 GRAINGER INC, W W SMALL TOOLS 67.37 HASLERUD, CARRIE GENERAL SUPPLIES 74.88 HATCH SALES CO OTHER IMPROVEMENT SUPPLIES 2,280.00 HAWKINS CHEMICAL INC CLEANING/WASTE REMOVAL SUPPLY 1,977.25 HENN CO OFFICE OF PLAN & DEV DUE TO OTHER GOVTS 14,992.00 HENNEPIN COUNTY TREASURER CLEANING/WASTE REMOVAL SERVICE 7,940.58 HOME HARDWARE GENERAL SUPPLIES 156.05 HORMANN, J. KELLY CERTIFICATE OF COMPLIANCE 25.00 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 8,667.74 ICE SKATING INSTITUTE OF AMERI GENERAL SUPPLIES 72.50 IKON OFFICE SOLUTIONS EQUIPMENT MTCE SERVICE 174.53 INDELCO BLDG/STRUCTURE SUPPLIES 63.01 IOS CAPITAL RENTAL EQUIPMENT 1,078.85 JANE BABCOCK CERTIFICATE OF COMPLIANCE 25.00 JOHNSON, CRAIG CERTIFICATE OF COMPLIANCE 25.00 JOHNSON, DICK GENERAL SUPPLIES 96.39 JOSEPH CATERING OTHER CONTRACTUAL SERVICES 242.41 KENNEDY & GRAVEN LEGAL SERVICES 5,590.99 KLM ENGINEERING INC. PROFESSIONAL SERVICES 631.00 KNOX LUMBER GENERAL SUPPLIES 15.80 LACAL EQUIPMENT INC EQUIPMENT PARTS 2,944.26 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 199.22 LEAGUE OF MN CITIES GENERAL SUPPLIES 68.46 LOFGREN, J ADAM CERTIFICATE OF COMPLIANCE 25.00 LOWELLS AUTOMOTIVE/PAINT PLUS GENERAL SUPPLIES 246.87 MACQUEEN EQUIP CO EQUIPMENT PARTS 15,045.60 MALTZAHN, ROBERT CERTIFICATE OF COMPLIANCE 25.00 MARGOLIS-LAMERE, MELANIE CERTIFICATE OF COMPLIANCE 25.00 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 943.13 97 MATHENY, A. PATRICIA CERTIFICATE OF COMPLIANCE 25.00 MENARDS OTHER IMPROVEMENT SUPPLIES 33.30 METROCALL TELEPHONE 702.86 METROPOLITAN COUNCIL SEWER AVAILABILITY CHARGE 227,659.90 MICRO CENTER OFFICE FURNITURE & EQUIPMENT 707.84 MID-AMERICA BUSINESS SYSTEMS GENERAL SUPPLIES 256.32 MILLER HANSON WESTERBECK BERGE OTHER CONTRACTUAL SERVICES 800.00 MIND SHARP TRAINING/CONFERENCES/SCHOOLS 258.00 MINN DEPT OF ADMINISTRATION TELEPHONE 4,442.49 MINN. CHIEFS OF POLICE ASSN. COMPUTER SERVICES 2,500.00 MINNEAPOLIS DEPT. OF HEALTH AN OTHER CONTRACTUAL SERVICES 110.00 MINNEAPOLIS POLICE DEPT. TRAINING/CONFERENCES/SCHOOLS 250.00 MINNESOTA FIRE SERVICE TRAINING/CONFERENCES/SCHOOLS 155.00 MINNESOTA GFOA SUBSCRIPTIONS/MEMBERSHIPS 30.00 MINNESOTA N A H R O TRAINING/CONFERENCES/SCHOOLS 820.00 MINUTEMAN PRESS OFFICE SUPPLIES 40.47 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MUNICILITE EQUIPMENT PARTS 51.12 MVTL LABORATORIES INC PROFESSIONAL SERVICES 300.00 NAPA GENUINE PARTS CO/FINANCE GENERAL SUPPLIES 1,094.00 NORIT AMERICAS INC. CLEANING/WASTE REMOVAL SUPPLY 13,146.60 NORTH CENTRAL REFORESTATION IN LANDSCAPING MATERIALS 128.15 NORTHWEST CHAPTER F B I N A A SUBSCRIPTIONS/MEMBERSHIPS 60.00 NSP CO ELECTRIC SERVICE 17,296.17 O'HALLORAN, G. EILEEN CERTIFICATE OF COMPLIANCE 25.00 OESTREICH, MARK MILEAGE-PERSONAL CAR 101.43 OFFICE DEPOT OFFICE SUPPLIES 638.51 OFFICE MAX OFFICE SUPPLIES 24.49 OLSEN CHAIN & CABLE CO INC EQUIPMENT PARTS 73.49 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PEPSI-COLA COMPANY CONCESSION SUPPLIES 209.06 PHIMISTER, MEGHAN OTHER CONTRACTUAL SERVICES 30.00 POST BOARD OTHER CONTRACTUAL SERVICES 1,170.00 PRESTIGE LINCOLN MERCURY EQUIPMENT MTCE SERVICE 842.44 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) QUICKSILVER EXPRESS COURIER EQUIPMENT MTCE SERVICE 25.55 R O T A SUBSCRIPTIONS/MEMBERSHIPS 100.00 RADIO SHACK EQUIPMENT MTCE SERVICE 154.75 RANDY'S SANITATION INC GARBAGE/REFUSE SERVICE 1,765.23 RELIANT ENERGY HEATING GAS 15,299.89 RICEWORKS CONSULTING TRAINING/CONFERENCES/SCHOOLS 27.99 RILEY DETTMANN & KELSEY PROFESSIONAL SERVICES 1,731.00 ROAD MACHINERY & SUPPLIES NON-CAPITAL EQUIPMENT 1,970.25 RUTTGERS BAY LAKE LODGE TRAINING/CONFERENCES/SCHOOLS 400.00 SAVIN CORPORATION GENERAL SUPPLIES 451.83 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SCHOELL & MADSON INC PROFESSIONAL SERVICES 918.39 SIMPLEX TIME RECORDER CO BUILDING MTCE SERVICE 172.00 98 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 STATE TREASURER STATE SURCHARGE PAYABLE 3,009.87 STREICHER'S GENERAL SUPPLIES 88.34 SUBURBAN PROPANE MOTOR FUELS 73.03 SUBURBAN TIRE CO TIRES 583.97 TCALMC MEETING EXPENSE 300.00 TERMINIX INTERNATIONAL EQUIPMENT MTCE SERVICE 92.06 TESTERMAN, A. PATRICK CERTIFICATE OF COMPLIANCE 25.00 THE STANDARD REGISTER COMPANY PRINTING & PUBLISHING 12,280.00 THYSSEN LAGERQUIST ELEVATOR BUILDING MTCE SERVICE 477.40 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) U S WEST COMMUNICATIONS TELEPHONE 145.22 U S WEST INTERPRISE TELEPHONE 486.40 UNIFORMS UNLIMITED GENERAL SUPPLIES 3,481.62 UNITED PARCEL SERVICE OTHER CONTRACTUAL SERVICES 96.60 UNIVERSITY OF MINN TRAINING/CONFERENCES/SCHOOLS 960.00 VEIT & COMPANY DEPOSITS PAYABLE 500.00 VIKING COUNCIL JUVENILE DIV PR DUE FROM OTHER GOVTS 2,400.00 VIKING OFFICE PRODUCTS OFFICE SUPPLIES (9.61) VIRAN, SANDRA CERTIFICATE OF COMPLIANCE 25.00 VOSS LIGHTING GENERAL SUPPLIES 85.14 WALSER FORD EQUIPMENT PARTS 423.83 WASTE MANAGEMENT GARBAGE/REFUSE SERVICE 59.28 WASTE MANAGEMENT-BLAINE CLEANING/WASTE REMOVAL SERVICE 132,747.14 WELLS FARGO FINANCIAL LEASING OTHER CONTRACTUAL SERVICES 751.89 WELLS FARGO REMITTANCE CTR PRINTING & PUBLISHING 24.50 WILLIAMS STEEL & HDWE GENERAL SUPPLIES 29.84 WRIGHT, N. SCOTT CERTIFICATE OF COMPLIANCE 25.00 ZACKS INC SMALL TOOLS 701.37 ZIEGLER INC EQUIPMENT MTCE SERVICE 87.00 ZIP PRINTING PRINTING & PUBLISHING 38.34 536,070.38 99 CONSENT ITEM #7 St. Louis Park City Council Meeting of April 16, 2001 #7 Motion to approve the Renewal of the Property and Liability Insurance Program as submitted by the League of Minnesota Cities Insurance Trust for the period 4/1/01 through 4/1/02. Background: David Howard, a representative of Arthur J. Gallagher & Company, submitted the City’s insurance renewal application form to the League of Minnesota Cities Insurance Trust. The policy period is from April 1, 2001 to April 1, 2002. The total premium for all lines of coverage including applicable agent fees has decreased by $1,269 or .6%. The total premium for 2001-2002 is $195,177 compared to $196,446 in 2000-2001. Prepared by: John Brooks, Interim Finance Director Approved by: Clint Pires, Deputy City Manager 100 CONSENT ITEM #8 St. Louis Park City Council Meeting of April 16, 2001 #8 Motion to notify the League of Minnesota Cities Insurance Trust (LMCIT) that the City Council does not waive the municipal tort liability limits for the annual insurance renewal. Background: The 1999 Legislature increased the municipal tort liability limit to $1,000,000 per occurrence compared to the previous $750,000. The municipal tort liability limit remains at $300,000 per claimant per occurrence. Members of the LMCIT program have the option to waive the limits and buy excess liability coverage. The LMCIT is requiring City Councils to make this decision and submit a waiver form as evidence of the decision. Analysis: In the past, the City of St. Louis Park has not waived the statutory limit. The City Attorney does not recommend waiving the statutory limit. And City staff concurs that the limit not be waived now. Both the City Attorney and Mr. Howard, the City’s insurance agent, noted that the statutory limit does not apply to all claims. Certain lawsuits, such as those stemming from federal law (e.g., discrimination), would not be subject to the $1,000,000 liability limit. The cost of excess liability coverage (for those claims not subject to the statutory limit) is priced each year and the cost/benefit evaluated. The City has yet to buy any excess coverage based on the above analysis and cost/benefit analysis. Attachments: LMCIT Liability Coverage – Waiver Form Prepared by: John Brooks, Intern Finance Director Approved by: Clint Pires, Deputy City Manager