HomeMy WebLinkAbout2011/07/18 - ADMIN - Agenda Packets - City Council - Regular
AGENDA
JULY 18, 2011
7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers
1. Call to Order
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Minutes May 16, 2011
4. Approval of Agenda
5. Reports
6. Old Business
7. New Business
7a. Second Amendment to the Redevelopment Contract with Wooddale Catered Living
Owner, LP
Recommended Action: Motion to approve the resolution approving the Second
Amendment to the Contract for Private Redevelopment By and Between St. Louis Park
Economic Development Authority and Wooddale Catered Living Owner, LP.
8. Communications
9. Adjournment
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Playground Junior Leader Recognition
2b. MRPA Award of Excellence
3. Approval of Minutes
3a. Study Session Minutes June 13, 2011
3b. Special Study Session Minutes June 20, 2011
3c. City Council Meeting Minutes June 20, 2011
3d. Special City Council Meeting Minutes June 27, 2011
3e. Study Session Minutes June 27, 2011
Meeting of July 18, 2011
City Council Agenda
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The
items for the Consent Calendar are listed on the last page of the Agenda.
Recommended Action:
Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive
reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda,
or move items from Consent Calendar to regular agenda for discussion.)
5. Boards and Commissions -- None
6. Public Hearings
6a. Public Hearing – Brewer Off-Sale Malt Liquor License Steel Toe Brewing at 4848 W.
35th St.
Recommended Action: Mayor to close public hearing. Motion to approve application
from Steel Toe Brewing LLC located at 4848 W. 35th St. for a Brewer Off-Sale Malt
Liquor License with the license term through March 1, 2012.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 2011 Public Safety Dispatch Local 220 Labor Agreement
Recommended Action: Motion to adopt the attached Resolution approving a Labor
Agreement between the City and the Public Safety Dispatchers Local 220, establishing
terms and conditions of employment for one year, from 1/1/11 – 12/31/11.
8b. Zoning Ordinance Amendment for Temporary Uses – 2nd Reading
Recommended Action: Motion to waive second reading and adopt the ordinance
allowing special events such as carnivals and festivals to operate for more than 14 days in
a calendar year with City Council approval, and approve the summary ordinance for
publication also contained in the agenda materials.
8c. Cavalia Temporary Use Permit
Recommended Action: Motion to adopt a Resolution approving a Temporary Use
Permit for Cavalia to operate at 1511 Utica Avenue South.
8d. Joint Powers Agreement with the City of Golden Valley - Cavalia at The West End
Recommended Action: Motion to approve the proposed Joint Powers Agreement with
the City of Golden Valley.
9. Communication
Auxiliary aids for individuals with disabilities are available upon request. To
make arrangements, please call the Administration Department at 952/924-2525
(TDD 952/924-2518) at least 96 hours in advance of meeting.
Meeting of July 18, 2011
City Council Agenda
4. CONSENT CALENDAR
4a. Adopt Resolution accepting work and authorizing final payment in the amount of
$7,725.63 for the 2010 Sanitary Sewer Mainline Rehabilitation Project - Project No. 2010-
2200 with Visu-Sewer Clean & Seal, Inc., City Contract No. 127-10
4b. Adopt Resolution accepting the Project Report, establishing Improvement Project No.
2007-2400, approving plans and specifications, and authorizing advertisement for bids for
Improvement Project No. 2007-2400
4c. Designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $118,060.00 for the 2011 Random
Concrete Repair Project – Project No. 2011-0003, 0004, and 0006
4d. Designate Pearson Brothers, Inc. the lowest responsible bidder and authorize execution of
contract with the firm in the amount of $213,863.28 for Street Maintenance Project
(Sealcoat Streets - Area 3 – Project No. 2011-0001)
4e. Designate Keys Well Drilling, Co. the lowest responsible bidder and authorize execution
of a contract with the firm in the amount of $189,345.00 for the Water Project – Well
Redevelopment (SLP 14) - Project No. 2011-1401
4f. Adopt Resolution accepting work and authorizing final payment in the amount of
$79,631.13 for the 2009 Local Street Rehabilitation Project (Area 5) with ASTECH
Corporation, Projects No. 2008-1000 and 2009-1300 - City Contract No. 36-09
4g. Approve a resolution adopting the Hennepin County All-Hazard Mitigation Plan
4h. Approve for Filing Planning Commission Minutes April 6, 2011
4i. Approve for Filing Planning Commission Minutes June 15, 2011
4j. Approve for Filing Housing Authority Minutes June 8, 2011
St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic
TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also
streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is
posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic
TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website.
Meeting Date: July 18, 2011
Agenda Item #: 3a
UNOFFICIAL MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
ST. LOUIS PARK, MINNESOTA
MAY 16, 2011
1. Call to Order
President Finkelstein called the meeting to order at 7:20 p.m.
Commissioners present: President Phil Finkelstein, Jeff Jacobs, Anne Mavity, Paul Omodt,
Julia Ross, Susan Sanger, and Sue Santa.
Commissioners absent: None.
Staff present: Executive Director (Mr. Harmening), Economic Development Coordinator (Mr.
Hunt), and Recording Secretary (Ms. Hughes).
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Minutes of April 25, 2011
The minutes were approved as presented.
4. Approval of Agenda
The agenda was approved as presented.
5. Reports - None
6. Old Business - None
7. New Business
7a. MSP SLP Apartments Consent to Assignment (Louisiana Oaks Apartments)
Mr. Hunt presented the staff report and advised that the Economic Development
Authority entered into a Redevelopment Contract with MSP SLP Apartments, LLC, in
2000 pursuant to which the EDA issued a TIF Note of approximately $3.5 million to
reimburse the redeveloper for various site costs related to development of the Louisiana
Oaks apartments. He stated that the redeveloper is currently refinancing its existing loans
and the redeveloper’s lender has requested that the EDA consent to an Assignment of the
Contract and TIF Note to the lender as security for the loan. He indicated that the lender
and redeveloper propose to execute an Assignment of the Contract and, according to
Section 8.2 of the Contract, any such assignment must be approved by the EDA and such
approval shall not be unreasonably withheld. He noted that the consent means that the
EDA will consent to the fact that the redeveloper will assign the Contract and TIF note to
the lender in the event of a default and does not relieve the redeveloper of any of its
obligations under the contract. He then introduced Mr. Milo Pinkerton of MSP SLP
Apartments, LLC.
EDA Meeting of July 18, 2011 (Item No. 3a) Page 2
Subject: Economic Development Authority Meeting Minutes of May 16, 2011
Commissioner Santa asked if the consent to assignment in any way changes the
agreement between the EDA and the redeveloper. She also asked if the consent will cost
the EDA any further funds or encumber the EDA in any other way.
Mr. Hunt replied that it does not change the agreement, create any new obligations, or
require any additional funds of the EDA.
It was moved by Commissioner Santa, seconded by Commissioner Omodt, to approve the
proposed Assignment of Contract and authorize the execution of the Consent to
Assignment of Contract.
The motion passed 7-0.
8. Communications - None
9. Adjournment
The meeting adjourned at 7:25 p.m.
______________________________________ ______________________________________
Secretary President
Meeting Date: July 18, 2011
Agenda Item #: 7a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Second Amendment to the Redevelopment Contract with Wooddale Catered Living Owner, LP.
RECOMMENDED ACTION:
Motion to approve the resolution approving the Second Amendment to the Contract for Private
Redevelopment By and Between St. Louis Park Economic Development Authority and
Wooddale Catered Living Owner, LP.
POLICY CONSIDERATION:
Does the EDA support the proposed extensions to the Redevelopment Contract with Wooddale
Catered Living as specified in the proposed Second Amendment?
BACKGROUND:
For several years Wooddale Catered Living (Greco Development and “Redeveloper) has been
working with the EDA and the City on a major, mixed-use redevelopment to be located at the
southeast corner of Wooddale Ave and 36th Street West across from the future light rail station.
As envisioned, Wooddale Pointe would entail a five-story building consisting of a 115 unit
senior assisted living complex on the second through fifth floors, 10,000 SF of retail on the first
floor and a small outdoor public gathering area that would include public art.
A Redevelopment Contract between the EDA and Greco was approved June 7, 2010 to enable
the above project to move forward. The time to secure a financing commitment from HUD took
much longer than anticipated so on April 4, 2011 the EDA approved a First Amendment to the
Contract thus extending the project’s construction schedule. On June 8th Greco purchased the
subject property from The Rottlund Company. Recently, the Redeveloper’s financing partner,
Oak Grove Capital, locked in its interest rate with HUD. As a result, they have given Staff
assurance that they expect to close on their project financing with HUD on or before July 29th.
Greco then expects to break ground in August. Construction will take up to 15 months. Greco
anticipates completing the Wooddale Pointe project by or before November 2012.
Terms of the Proposed Second Amendment
According to the First Amendment of the Redevelopment Contract, construction on the
Wooddale Point project was to have commenced by July 1, 2011 and be completed by
September 30, 2012. In order for the Redeveloper to close with HUD and to avoid being found in
default, the project’s required commencement and completion schedule needs to be adjusted
through a second amendment. Under the proposed Second Amendment the project’s required
commencement date is extended six months to December 31, 2011 and its required completion
date is extended to December 31, 2012; just in case there are any further delays.
The required date for submitting a Maintenance Plan for the project is also proposed to be
adjusted from December 31, 2012 to March 31, 2013.
EDA Meeting of July 18, 2011 (Item No. 7a) Page 2
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
The Amendment also recognizes the EDA’s award of $280,676 in contamination cleanup grants
(from DEED, the Metropolitan Council, and Hennepin County), explains the procedure for their
disbursement and requirements for the Redeveloper’s cooperation.
The Amendment further affirms the minimum market value for the subject property and the
project as stipulated in the Minimum Assessment Agreement included as part of the original
Contract. The amount of the minimum Market Value shall be $2,050,000 as of January 2, 2012,
and $13,650,000 as of January 2, 2013.
FINANCIAL OR BUDGET CONSIDERATION:
The proposed contract extensions reflect the most current estimated construction schedule for
completing Wooddale Pointe. The construction delay means that the Redeveloper’s
reimbursement of TIF-eligible expenses related to the project will likewise be delayed.
VISION CONSIDERATION:
Wooddale Pointe is consistent with the City’s vision to be a community of diverse, high quality
housing permeated with arts and cultural activities with many gathering places.
Attachments: Resolution of Approval
Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening , EDA Executive Director and City Manager
EDA Meeting of July 18, 2011 (Item No. 7a) Page 3
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
EDA RESOLUTION NO. 11-____
RESOLUTION APPROVING A SECOND AMENDMENT OF
A CONTRACT FOR PRIVATE REDEVELOPMENT
BETWEEN THE ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY AND WOODDALE
CATERED LIVING OWNER, LP
BE IT RESOLVED BY the Board of Commissioners ("Board") of the St. Louis Park
Economic Development Authority, St. Louis Park, Minnesota (the "Authority") as follows:
Section 1. Recitals.
1.01. The Authority currently administers Redevelopment Project No. 1 (the “Project”),
pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”) within an area
located in the City, and has approved a Tax Increment Financing Plan for the Elmwood Village
Tax Increment Financing District pursuant to Minnesota Statutes, Sections 469.174 to 469.1791 (the
“TIF Act”), made up of certain property within the Project (the “Redevelopment Property”) to be
developed by Wooddale Catered Living Owner, LP (the “Redeveloper”).
1.02. The Authority and Wooddale Catered Living, LLC executed a Contract for Private
Redevelopment dated as of June 7, 2010, as amended by a First Amendment thereto dated as of
April 4, 2011 (the “Contract”), which Contract was duly assigned to the Redeveloper by an
Assignment and Assumption dated as of May 16, 2011.
1.03. The parties have negotiated and propose to execute a Second Amendment to the
Contract (the “First Amendment”) to modify certain provisions of the Contract, notably
provisions concerning the receipt of grant funds for environmental remediation, the dates of
commencement and completion of construction of the Minimum Improvements and the
modification of related provisions for consistency with such modified dates.
Section 2. Second Amendment Approved.
2.01. The Second Amendment as presented to the Board is hereby in all respects
approved, subject to modifications that do not alter the substance of the transaction and that are
approved by the President and Executive Director, provided that execution of the document by
such officials shall be conclusive evidence of approval. The President and Executive Director
are hereby authorized to execute, on behalf of the Authority, the First Amendment.
Reviewed for Administration: Adopted by the Economic Development
Authority July 18, 2011
Executive Director President
Attest
Secretary
EDA Meeting of July 18, 2011 (Item No. 7a) Page 4
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT
This agreement is made as of July 18, 2011, by and between the ST. LOUIS PARK
ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and corporate (the
“Authority”) and WOODDALE CATERED LIVING OWNER, LP, a Minnesota limited
partnership (the “Redeveloper”).
WHEREAS, the Authority and Wooddale Catered Living, LLC entered into that certain
Contract for Private Redevelopment dated as of June 7, 2010, recorded with the Registrar of
Titles in and for Hennepin County, Minnesota (the “Registrar”) as Document No. _______, as
amended by a First Amendment thereto dated as of April 4, 2011, recorded with the Registrar as
Document No. _________ (as so amended, the “Contract”) providing, among other things, for
the construction of certain improvements (the “Minimum Improvements”) on the property
legally described within the Contract (the “Redevelopment Property”); and
WHEREAS, Wooddale Catered Living, LLC assigned its rights under the Contract to the
Redeveloper in an Assignment and Assumption dated as of May 16, 2011; and
WHEREAS, the parties have determined to extend the dates of commencement and
completion of construction of the Minimum Improvements and modify certain other provisions
of the Contract.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Amendment to Section 3.3(c) of the Contract. Section 3.3(c) of the Contract is
amended as follows:
(c) Termination of right to Note. All conditions for delivery of the Note must be met
by no later than September 30, December 31, 2012, which date is less than ten (10) years after
the date of certification of the TIF District by the County and complies with the so-called five-
year rule under Section 469.1763, subd. 3(c) of the TIF Act, as amended during the 2009 State
legislative session. If the conditions for delivery of the Note are not satisfied by the date
described in this paragraph, the City has no further obligations under this Section 3.3.
2. Amendment to Article III of the Contract. Article III of the Contract is amended
by the addition of Section 3.8, which provides as follows:
Section 3.8. Environmental Remediation Grants. (a) To finance a portion of the costs
of remediation of environmental contamination on the Redevelopment Property (the
“Environmental Costs”), the Authority has been awarded grants in the total aggregate principal
amount of $280,676 (the “Environmental Grants”), consisting of grant funding from the
Minnesota Department of Employment and Economic Development (“DEED”) in the principal
amount of $163,676, from the Metropolitan Council in the amount of $70,000, and from the
County in the principal amount of $47,000.
(b) The Authority will pay or reimburse the Redeveloper for Environmental Costs from
and to the extent of the grant proceeds, in accordance with the terms of the grant agreements
between the Authority and County, Metropolitan Council, and DEED (the “Environmental Grant
EDA Meeting of July 18, 2011 (Item No. 7a) Page 5
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
Agreements”) and the terms of this Section. Notwithstanding anything to the contrary herein, if
Environmental Costs exceed the amount to be reimbursed under this Section, such excess shall be
the sole responsibility of the Redeveloper (except to the extent reimbursable under the Note).
(c) All disbursements will be made subject to the conditions precedent that on the
date of such disbursement:
(1) The Authority has received a written statement from the Redeveloper’s
authorized representative certifying with respect to each payment: (i) that none of the
items for which the payment is proposed to be made has formed the basis for any
payment theretofore made under this Section or has been submitted as a Public
Redevelopment Cost under Section 3.3 hereof or as a Grant-Eligible Cost under Section
3.4 hereof; (ii) that each item for which the payment is proposed is an Environmental
Cost as described in the Environmental Grant Agreements, and (iii) the Redeveloper
reasonably anticipates completion of the Environmental Costs and the Minimum
Improvements in accordance with the terms of this Agreement.
(2) No Event of Default under this Agreement or event which would
constitute such an Event of Default but for the requirement that notice be given or that a
period of grace or time elapse, shall have occurred and be continuing.
(3) No license or permit necessary for undertaking the Environmental Costs or
constructing the Minimum Improvements shall have been revoked or the issuance thereof
subjected to challenge before any court or other governmental authority having or
asserting jurisdiction thereover.
(4) Redeveloper has submitted, and the Authority has approved, Construction
Plans for the Minimum Improvements in accordance with Article IV hereof, and
financing commitment in accordance with Article VII hereof.
(d) Whenever the Redeveloper desires a disbursement to be made hereunder, which
shall be no more often than bi-weekly, the Redeveloper shall submit to the Authority a draw
request in a form reasonably satisfactory to the Authority, duly executed on behalf of the
Redeveloper accompanied by paid invoices or other comparable evidence that the cost has been
incurred and paid or is payable by Redeveloper. Each draw request shall constitute a
representation and warranty by the Redeveloper that all representations and warranties set forth
in this Agreement are true and correct as of the date of such draw request.
(e) If the Redeveloper has performed all of its agreements and complied with all
requirements theretofore to be performed or complied with hereunder, including satisfaction of
all applicable conditions precedent contained in Article III hereof, the Authority shall make a
disbursement to the Redeveloper in the amount of the requested disbursement or such lesser
amount as shall be approved, within twenty Business Days after the date of the Authority’s
receipt of the draw request, or, if later, upon receipt of Environmental Grant proceeds from the
County, Metropolitan Council, or DEED.
(f) The making of the final disbursement by the Authority under this Section shall be
subject to the condition precedent that the Redeveloper shall be in compliance with all conditions
set forth in this Section and further, that the Authority shall have received a lien waiver from
EDA Meeting of July 18, 2011 (Item No. 7a) Page 6
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
each contractor for all work done and for all materials furnished by it for the Environmental
Costs.
(g) The Authority may, in its sole discretion, without notice to or consent from any
other party, waive any or all conditions for disbursement set forth in this Article. However, the
making of any disbursement prior to fulfillment of any condition therefor shall not be construed
as a waiver of such condition, and the Authority shall have the right to require fulfillment of any
and all such conditions prior to authorizing any subsequent disbursement.
3. Amendment to Section 4.3(a) of the Contract. Section 4.3(a) of the Contract is
amended as follows:
(a) Subject to Unavoidable Delays, the Redeveloper must commence construction of the
Minimum Improvements by July 1, 2011 December 31, 2011, and substantially complete
construction of the Minimum Improvements by September 30, 2012 December 31, 2012. All
work with respect to the Minimum Improvements to be constructed on the Redevelopment
Property shall be in substantial conformity with the Construction Plans as submitted by the
Redeveloper and approved by the Authority.
4. Amendment to Section 4.8(b) of the Contract. Section 4.8(b) of the Contract is
amended as follows:
(b) By no later than December 31, 2011, March 31, 2013, the Redeveloper
shall submit to the Authority for review and approval a plan for maintenance and operation of all
pedestrian and landscaping improvements located within the Redevelopment Property (the
“Maintenance Plan”). The Maintenance Plan must address, at a minimum: snow removal from
pedestrian connections and sidewalks; maintenance and replacement of landscaping, irrigation
and other Streetscaping; snow removal and maintenance of any surface parking and parking lots;
and maintenance of the Plaza, but excluding maintenance covered by the Special Service District
(the “Maintenance”); a description of how the Maintenance costs will be assessed to tenants; and
enforcement mechanisms. Within sixty (60) days after receipt of the Maintenance Plan, the
Authority will approve or deny the Maintenance Plan in writing, which approval shall not be
unreasonably withheld, delayed or denied. If the Authority denies approval of the Maintenance
Plan, the denial shall set forth in detail the reasons therefor, and Redeveloper shall submit a new
or corrected Maintenance Plan within thirty (30) days after written notification to the
Redeveloper of the denial.
5. Amendment to Section 6.3(a) of the Contract. Section 6.3(a) of the Contract is
amended as follows:
(a) Upon execution of this Agreement, the Redeveloper shall, with the Authority, execute
an Assessment Agreement pursuant to Minnesota Statutes, Section 469.177, subd. 8, specifying
an assessor's minimum Market Value for the Redevelopment Property and Minimum
Improvements constructed thereon. The amount of the minimum Market Value shall be
$2,050,000 as of January 2, 2012, and $13,650,000 as of January 2, 2013 and each January 2
thereafter, notwithstanding the status of construction by such dates.
EDA Meeting of July 18, 2011 (Item No. 7a) Page 7
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
6. Miscellaneous. Except as amended by this Amendment, the Contract shall remain
in full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out-of
pocket-costs incurred by the Authority in connection with negotiating, drafting and approval of
this Amendment.
(Remainder of this page intentionally left blank.)
EDA Meeting of July 18, 2011 (Item No. 7a) Page 8
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
IN WITNESS WHEREOF, the Authority and Redeveloper have caused this Agreement
to be duly executed by their duly authorized representatives as of the date first above written.
ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of July, 2011 by
Phil Finkelstein and Tom Harmening, the President and Executive Director of the St. Louis Park
Economic Development Authority, on behalf of the Authority.
Notary Public
Authority signature page to Second Amendment to Contract for Private Redevelopment
EDA Meeting of July 18, 2011 (Item No. 7a) Page 9
Subject: Second Amendment Redevelopment Contract w/ Wooddale Catered Living Owner
WOODDALE CATERED LIVING OWNER, LP
By Wooddale Catered Living GP, LLC
Its General Partner
By
Arnold J. Gregory
Its Chief Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of __________,
2011, by Arnold J. Gregory, the Chief Manager of Wooddale Catered Living GP, LLC, a
Minnesota limited liability company, the general partner of Wooddale Catered Living Owner,
LP, a Minnesota limited partnership, on behalf of the company and the limited partnership.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (MNI)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, Mn 55402
(612) 337-9300
Redeveloper signature page to Second Amendment to Contract for Private Redevelopment
Meeting Date: July 18, 2011
Agenda Item #: 2a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Playground Junior Leader Recognition.
RECOMMENDED ACTION:
Mayor Jacobs is asked to recognize the Junior Leaders for their service this summer. Recreation
Coordinator Lisa Abernathy will be in attendance to provide background and current information
on the summer program.
(Summer Playground Director Katie Lee will also be in attendance to assist with the
presentation.)
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
There were 17 youth volunteers that completed the program this summer and collectively they
have volunteered over 800 hours. Several of these volunteers have been involved for many years.
The Junior Leaders Program has been part of the Parks and Recreation Department for over 18
years. Junior Leaders for the St. Louis Park Parks and Recreation Department volunteer during
June and July in the Summer Playground Program. The goal of this program is to offer 7th
through 9th grade youth an opportunity to maintain their relationship with the summer
playground program, while gaining valuable on-the-job experience assisting full-time leaders
with other youth, ages 6 to 12. The program also gives them the opportunity to be a positive role
model to younger youth in their community.
Job responsibilities included assisting leaders with program activities as well as set-up and clean-
up and initiating activities for playground participants. Junior Leaders assisted program
participants in understanding games and crafts projects, keeping them interested and involved in
activities as well as aware of upcoming events. Junior Leaders also assisted in limited
supervision of program participants to ensure their safety at the park. Junior Leaders
demonstrated responsibility, positive attitudes and a willingness to spend some of their summer
volunteering their time at a neighborhood park. During their time in the parks this summer, they
became role models for the program participants they worked with, as well as excellent helpers
for the full-time leaders.
This summer there were 11 playground sites with a total of 740 kids registered. Along with
playground staff, Junior Leaders play a key role in providing a positive experience for each
participant. Junior Leaders were required to work a minimum of 40 hours during the Summer
Playground Program.
Junior Leaders are rewarded with this special recognition evening, a letter of recommendation,
and passes to The Rec Center’s ice arena.
City Council Meeting of July 18, 2011 (Item 2a) Page 2
Subject: Playground Junior Leader Recognition
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
St. Louis Park is committed to being a connected and engaged community.
Attachments: None
Prepared by: Lisa Abernathy, Recreation Supervisor
Reviewed by: Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting Date: July 18, 2011
Agenda Item #: 2b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
MRPA Award of Excellence.
RECOMMENDED ACTION:
Mayor Jacobs is asked to recognize the Parks and Recreation Department on their Award of
Excellence given by the Minnesota Parks and Recreation Association (MRPA). The award is
being given to the City of St. Louis Park in the category of Sustainability Partnership for our
partnership with District Energy to recycle the city’s wood chips that help to provide heat for
downtown St. Paul.
Mike Polena, MRPA, will be in attendance along with Jim Vaughan, Environmental
Coordinator, and Cindy Walsh, Parks and Recreation Director.
POLICY CONSIDERATION:
Not Applicable
BACKGROUND:
The City of St. Louis Park sought a creative and sustainable way to deal with its wood waste
which is derived from removals, trimming and storm damage of its boulevard and park trees.
Prior to this, the city paid for the trees to be ground into wood mulch then hauled and dumped
into a landfill. City staff contacted District Energy to inquire about processing and distributing
the city’s wood waste. District Energy, located in downtown St. Paul, manages a biomass
burner/cogeneration plant which uses wood waste and other plant materials to produce energy.
The plant produces 80% of the heating and cooling for the entire downtown St. Paul area,
including the State Capital. The City of St. Louis Park and District Energy’s wood distribution
subsidiary, Environmental Wood Supply, formed a partnership for wood waste processing and
distribution.
Environmental Wood Supply operates the city’s wood processing site at no cost to the city. The
wood waste is processed on site into wood mulch which is then transferred to the District Energy
site for consumption as biomass for the burner. The leaves are hauled to Creekside Organic
Materials Processing Facility in Hutchinson to be made into compost. The City of St. Louis Park
is saving $20,000 to $40,000 annually (dependent on storm damage and diseased trees) with this
partnership.
As their part of the partnership, District Energy can open the city’s wood processing site to
private tree contractors and other cities as well. To defray staffing costs, District Energy charges
a tipping fee to new customers for deposition of their wood waste. The partnership provides
District Energy a central/western wood waste deposition and distribution site. Prior to this
partnership, the wood waste stream was de-centralized and scattered around the Metro area.
City Council Meeting of July 18, 2011 (Item No. 2b) Page 2
Subject: MRPA Award of Excellence
City property owners can access the entrance to the site anytime for pick-up of free wood mulch
and compost (derived from street sweepings and recycled soils). The city’s wood waste site is
open for business Monday through Friday from 7:30 a.m. to 4 p.m.
FINANCIAL OR BUDGET CONSIDERATION:
Not Applicable
VISION CONSIDERATION:
St. Louis Park is committed to being a leader in environmental stewardship.
Attachments: None
Prepared by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting Date: July 18, 2011
Agenda Item #: 3a
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
JUNE 13, 2011
The meeting convened at 6:34 p.m.
Councilmembers present: Mayor Pro Tem Phil Finkelstein, Anne Mavity, Paul Omodt, and Julia
Ross.
Councilmembers absent: Mayor Jeff Jacobs, Susan Sanger, and Sue Santa.
Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), Director of Community
Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Director of Parks and
Recreation (Ms. Walsh), Environmental Coordinator (Mr. Vaughan), Economic Development
Coordinator (Mr. Hunt), Director of Public Works (Mr. Rardin), Utilities Superintendent (Mr.
Anderson), Engineering Program Coordinator (Ms. Adler), Communications Coordinator (Mr.
Zwilling), and Recording Secretary (Ms. Hughes).
1. Future Study Session Agenda Planning – June 6 and June 13, 2011
Mr. Harmening presented the proposed special study session agenda for June 20th and the study
session agenda for June 27th. He noted that the study session on June 27th will include an update
regarding the potential State government shutdown and impacts to the City.
2. Cavalia at West End
Mr. Hunt presented the staff report and proposed site plan for Cavalia. He explained that the
show is proposed to be held on the vacant West End office property for approximately ten weeks
beginning in September.
He indicated that a number of formal approvals would be required, including a zoning
amendment to the Temporary Uses section of the City’s Zoning Code. He stated that a mutual
agreement would need to be entered into with the City of Golden Valley authorizing St. Louis
Park to issue all necessary permits. Golden Valley has indicated a willingness to allow the City
to assume responsibility for all permitting other than land use. He reviewed the schedule for
formal approvals and noted that Golden Valley will bring the matter to its Planning Commission
on June 25th. He stated that a public hearing would be required for the Zoning Code amendment
and will be scheduled for the July 6th Planning Commission meeting, followed by First and
Second Readings by the City Council on July 11th and July 18th. He then introduced Anne-
Laurence Dubois with Cavalia, Inc.
Ms. Anne Laurence-Dubois thanked the City Council for its consideration and stated that they
are pleased to have found a site to accommodate their show. She then presented a short video
describing Cavalia. She stated that they believe the show will have a positive impact on the City
as well as the entire Minneapolis/St. Paul area, including area restaurants and hotels. She advised
that the show has approximately 100 employees who will need housing in local apartments; in
addition, the show will hire approximately 50 local workers per day. She added that Cavalia is
ready to work in collaboration with the City to make sure the show is a success.
City Council Meeting of July 18, 2011 (Item 3a) Page 2
Subject: Study Session Minutes of June 13, 2011
Councilmember Ross asked if the local businesses and restaurants have been approached
regarding the show.
Mr. Hunt stated that Darryle Henry with Duke Realty has been working with the City and added
that because this is still in the preliminary stages, the City has not yet had discussions with the
West End retailers but the City is confident that they will be excited about this opportunity.
Councilmember Ross expressed concern regarding the horse smell, particularly when people are
dining outside. She also asked about Police Department resources and the impact of this show on
the City’s budget.
Ms. Anne-Laurence Dubois explained that the stables are cleaned every day, manure is hauled
away every day, and there is no smell coming from the stables.
Mr. Luse stated that the show will draw many people and will create congestion and parking
challenges. He added that the Police Department has not discussed this in detail but is operating
on the premise that any extra patrols will be provided at Cavalia’s expense.
Ms. Dubois stated that they have found that traffic is manageable by the show’s employees and if
assistance is required from the Police Department, they will work with the City to secure
additional resources. She noted that not all attendees arrive and depart from the show at the
same time due to the various ticket packages available. She added that they also have a parking
attendant to help park cars.
Mr. Locke stated that the City is not anticipating a lot of extraordinary costs associated with the
show. He added that if police officers are required, that cost would be borne by Cavalia.
Councilmember Mavity stated that she felt this represents a fantastic opportunity for the City, the
Convention and Visitors Bureau, and the West End. She asked if the site would be treated
differently from a taxing perspective because of the proposed temporary use.
Mr. Locke replied that he was not sure whether the proposed use would impact the site’s
property tax assessment.
Councilmember Ross expressed support for the proposed use and stated this represents a great
opportunity for the City. She asked if Cavalia steers any general contributions or funds toward
charities. She noted that the ticket prices may be cost prohibitive to some and suggested that a
certain amount of tickets go to local charities.
Ms. Dubois stated that if a show is not sold out, they call local nonprofits to give tickets away.
She added that in the past, they have done free shows for kids or have given away tickets to local
organizations. She requested that the Council provide her with a contact name and agreed that
they would work with local nonprofits to provide free tickets.
Mayor Pro Tem Finkelstein expressed support for the proposed use. He requested that the City
consider impacts to parking for current businesses. He also requested that the City provide police
and/or off-duty police officers as needed in order to minimize confusion. He asked that the City
Attorney address any liability concerns with respect to the proposed use. He asked that the City
and Duke Realty consider the impact of the proposed use if Golden Valley declines to
participate. He also encouraged Cavalia to provide tickets to low income patrons and students
and to hire unemployed St. Louis Park residents.
City Council Meeting of July 18, 2011 (Item 3a) Page 3
Subject: Study Session Minutes of June 13, 2011
Mr. Hunt stated that the Planning Commission will be introduced to Cavalia on Wednesday
evening and will discuss the proposed amendment to the Temporary Uses section of the zoning
code, followed by the formal public hearing on July 6th.
3. Social Host Ordinance
Mr. Luse presented the staff report and introduced Ms. Tania Lex, one of the City’s prosecuting
attorneys. He stated the key question surrounding this issue relates to how the City handles
underage drinking and adults who provide alcohol and safe havens for underage drinking. He
noted that the City has gotten some relief from the keg registration laws and stated that police
staff and the City’s prosecutors have not reported any gaps in the current laws which hinder the
City’s ability to address underage consumption. He explained that the City currently has several
tools available for charging minor consumption and hosts of underage drinkers, which are
charged as misdemeanors, and the City’s prosecutors are comfortable with that.
Councilmember Omodt advised that he was approached in November by a group at the high
school that works with students in recovery to bring this issue forward as a Children First
initiative in the high school as another tool to keep kids safe.
Councilmember Mavity stated that the fact that the students have identified this is valuable and
should be used as a springboard for educational outreach, increasing awareness of the issue, and
to highlight the current laws. She added that she did not see a need for any new laws.
Mayor Pro Tem Finkelstein suggested that this issue be forwarded to the Police Advisory
Commission and to invite the high school students to attend a Police Advisory Commission
meeting to talk about their concerns.
It was the consensus of the City Council to forward this matter to the Police Advisory
Commission to study the issue and to invite the high school students to attend a Police Advisory
Commission meeting to share their concerns.
4. Final Draft – MN&S EAW Comments and Mitigation Measures
Mr. Locke presented the staff report.
Councilmember Mavity stated that comment #4 on page 2 of the General Comments contains
two different ideas, one relative to Skunk Hollow and another relative to coal trains; the
comments should be separated. She also explained that she felt this comment should note
specifically that the whole point is that the wye becomes unnecessary once the connections to
MN&S are created.
Mr. Locke stated that a freight rail customer will still need to be served via the wye, even if a
new connection to the MN&S tracks is created, so it will not be possible to completely eliminate
the wye. He stated that the idea of the elimination of the Skunk Hollow wye goes back to 2001
and the 2010 Council resolution and was not dealt with in the EAW. He added that the City
wanted to make sure it was noted that elimination of the Skunk Hollow track represents a major
goal of the City.
City Council Meeting of July 18, 2011 (Item 3a) Page 4
Subject: Study Session Minutes of June 13, 2011
Councilmember Mavity noted that comment #8 on page 3 should reference Wooddale and not
Beltline.
Ms. McMonigal stated that this was correct and agreed to make this revision to comment #8.
Councilmember Mavity requested that the second sentence of comment #35 on page 6 be
clarified to reference the School Board and not the High School.
Mr. Harmening stated that the City has heard from the School District regarding vibration
disruptions and comment #35 will be clarified to reference the School District.
Councilmember Mavity stated that comment #25 on page 5 does not contain the same level of
analysis as the City’s other comments to the EAW.
Councilmember Omodt respectfully disagreed and stated that trains stop there for extended
periods of time.
Councilmember Ross stated that she was comfortable with the City’s comments on the MN&S
EAW and did not request any further changes.
Councilmember Omodt stated that he was comfortable with the City’s comments on the MN&S
EAW and did not request any further changes.
Mayor Pro Tem Finkelstein stated that the mitigation measure regarding acquisition of homes
needs further study and to determine if the neighborhood wants this.
Councilmember Mavity agreed that this mitigation measure requires more research but should be
included as a possibility.
Councilmembers Ross and Omodt agreed.
It was the consensus of the City Council to approve the comments on the MN&S EAW and to
amend comment #8 on page 3 to reference Wooddale Avenue and not Beltline, to amend
comment #35 on page 6 to reference the School District and not the High School, and to clarify
comment #4 on page 2 regarding the wye.
5. Eliot School Redevelopment
Mr. Locke presented the staff report and introduced Mr. Garfield Clark, consultant to the School
District on real estate matters, and Mr. Larry Shapiro, School Board Member.
Mr. Shapiro advised that some interest has been shown in the site and some discussions have
taken place with a potential developer who has asked if there would be any financial assistance
available from the City.
Councilmember Ross stated that it is difficult to commit to any type of financial assistance
without having something on the table. She asked if financial assistance could be made available
for clean-up and abatement of the site.
City Council Meeting of July 18, 2011 (Item 3a) Page 5
Subject: Study Session Minutes of June 13, 2011
Councilmember Omodt stated that he was pleased to see some interest in the site and to have
School Board representation at the study session. He stated he was in favor of seeing the site
redeveloped, the asbestos removed, and pushing the potential redevelopment along.
Mayor Pro Tem Finkelstein stated that any financial assistance from the City will be dependent
on meeting the Design Guidelines established last year. He indicated he is not interested in
reusing the building because of the serious abatement issues. He expressed appreciation to the
School Board for talking to the Council about the redevelopment of the site.
Councilmember Mavity expressed reservations about how much financial assistance the City
should provide, particularly given that this is taxpayer money.
Mr. Garfield Clark stated that the School Board has received three offers in writing to purchase
the site and each offer was qualified. He stated that the third offer was from a developer who has
employed an architect and done several renderings and has offered a price equal to the appraised
value of the property. He explained that the current offer includes plans for an $18-20 million
project. He indicated that the School Board agreed it would not sign any purchase agreement for
the property until it received input from the City Council regarding potential financial assistance.
Mr. Shapiro noted that the purchase price offered is the appraised value minus the cost of taking
the building down, which would be taken as a credit on the sale price.
Councilmember Omodt left the meeting at 7:45 p.m.
It was the consensus of the three remaining Councilmembers to express a willingness to discuss
financial assistance to assist with the redevelopment of the site.
Mr. Locke stated that once the School Board signs a purchase agreement, it is anticipated that a
developer would put together concept plans for consideration by Council in study session.
6. Boulevard Tree Policy Discussion
Ms. Walsh presented the staff report.
Mr. Harmening stated that the background information on this topic was brought forward at the
request of Council and is intended to provide information regarding what the City pays for and
what it does not.
Councilmember Ross requested clarification regarding what would happen in a situation where
tree roots are starting to impede drains and/or pipes.
Mr. Harmening explained that if the service line from a home to the main is plugged with tree
roots, it is the homeowner’s responsibility to clean the roots. He stated that if tree roots are in
the City’s main line, the City would be responsible for cleaning the roots out.
It was the consensus of the three remaining Councilmembers to continue with the City’s current
policy and subsidy level regarding boulevard trees.
City Council Meeting of July 18, 2011 (Item 3a) Page 6
Subject: Study Session Minutes of June 13, 2011
7. Storm Water/Surface Water Management
Mr. Harmening presented the staff report.
Councilmember Mavity requested further information regarding the water levels in Bass Lake
and stated that the Bass Lake community group is seeking the right balance to manage
vegetation. She asked if the water level could be raised to improve the creek feel of the water
body, with water quality being the primary goal.
Mr. Anderson noted that the DNR set the water level in Bass Lake and the City controls that
water level. He stated that the City could petition the DNR and Watershed District to make
adjustments to the water level. He explained that Bass Lake functions as a creek and is just one
step in the City’s storm sewer system. He discussed the aquatic plant survey being done by the
DNR and coordinated by the City.
Councilmember Mavity requested that staff provide Council with some cost estimates regarding
potential improvements to Bass Lake.
Mr. Anderson agreed to bring this topic back to Council for discussion once the study is
complete, including cost estimates for Bass Lake.
Ms. Adler provided an update regarding Victoria Ponds and stated that the slope restoration on
Pond 3 will begin shortly. She added that an emergency overflow to Lake Victoria is being
contemplated but no permit has yet been applied for.
8. Communications/Meeting Check-in (Verbal)
Councilmember Mavity expressed thanks for the recycling program update and recycling bin
wheels report. She urged the City to continue working to expand the list of items that can be
recycled.
Mayor Pro Tem Finkelstein stated that he would like to see multi-family and condos included in
the City’s recycling program.
The meeting adjourned at 8:24 p.m.
Written Reports provided and documented for recording purposes only:
9. Beltline LRT Station Development Area – Stormwater Planning
10. MnDOT – City Cooperative Highway 7 Fiber Conduit Project Update
11. Recycling Program Update
12. Homes Within Reach: City Funded Revolving Line-of-Credit to Assist with
Acquisition and Rehab Costs of Affordable Homeownership Units
13. Recycling Bin Wheels Report
14. Proposed Administrative/Civil Penalty Ordinance
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: July 18, 2011
Agenda Item #: 3b
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
JUNE 20, 2011
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity (arrived at 6:35
p.m.), Paul Omodt, Julia Ross (arrived at 6:33 p.m.), and Sue Santa.
Councilmembers absent: Susan Sanger.
Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director
(Ms. Deno), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Director of Inspections
(Mr. Hoffman), and Recording Secretary (Ms. Hughes).
1. 2012 Budget Discussion
Mr. Harmening presented the staff report and reviewed the policy questions for Council
consideration.
Mr. Swanson presented the 2012-2016 Capital Improvement Program (CIP) and funding sources
by department. He reviewed the 2012 assumptions and noted that salary and step increases have
been incorporated into each department budget and have been included in the projected 2012
budget. He added that the 2012 budget contemplates no use of any fund balance.
Councilmember Ross requested further information regarding the dramatic difference in the
community outreach budget.
Mr. Swanson explained that as part of the budgeting process, the City has attempted to more
accurately reflect where people spend their time and how their time is being charged. He stated
that the community outreach budget used to be $90,000 and the City used to transfer money from
the housing rehab fund. He indicated that staff is now recording a person’s time in the
appropriate fund, resulting in more transparency in how funds are being administered.
Councilmember Ross asked how the revenues from the Convention and Visitors Bureau were
factored into the budget.
Mr. Harmening advised that the City currently collects money every month and is able to retain
5% which is placed into the Development Fund as a placeholder for the time being; the
remainder of those funds is transferred to the Convention and Visitors Bureau. He added that
Council will have further discussion regarding the handling of these funds in the Development
Fund.
Council discussed the City’s debt service obligation and anticipated levy of 3-5% to maintain
current service delivery.
City Council Meeting of July 18, 2011 (Item 3b) Page 2
Subject: Special Study Session Minutes of June 20, 2011
Mr. Swanson reviewed the funding source summary document for 2012-2016 prepared by staff
and incorporated into the LRFMP. He noted that the City’s practice has been to include
everything in the Capital Improvement Plan whether or not a project is the City’s obligation, e.g.,
sanitary sewer replacement projects undertaken by the Met Council. He advised that the
document does not include any type of community center and a placeholder for a minimal
sidewalks/trails project has been included for $1.8 million.
Councilmember Santa requested information about the $1.5 million amount referenced in 2021
from Reilly Industries.
Mr. Swanson indicated he would review this item further and report back to Council.
Mr. Heintz presented the Long Range Financial Management Plan and briefly reviewed the
summary pages and each of the 14 funds included in the LRFMP. He stated that the Cable TV
Fund will continue to be monitored by staff and added that the Telecommunications Advisory
Commission is currently conducting a study regarding the future of cable. He advised that the
Housing Rehab Fund has significant expenditures every year and this fund will require changes
in the future including a dedicated revenue source.
Mr. Swanson indicated that discussions have taken place regarding ways to use the tax increment
in the Park Center TIF District and the potential for having a dedicated transfer from that TIF
District into the Housing Rehab Fund based on the City’s goal of having an affordable, well-
maintained housing stock in the City.
Mr. Heintz reviewed the Development Fund and noted that there is nothing in the CIP that uses
the Development Fund and the main revenue source for this fund is interest earnings.
Councilmember Finkelstein encouraged Council to keep in mind the previous discussions
regarding ways to use the Development Fund, e.g., Highway 100 or Highway 7/Louisiana
Avenue.
Mr. Heintz briefly reviewed the HRA Levy Fund, Permanent Improvement Revolving Fund,
Park Improvement Fund, and Pavement Management Fund. He noted that the Pavement
Management Fund has a negative fund balance projected in 2021 as a result of shifting some
property tax revenue out of this fund into some other funds to make them more sustainable. He
indicated that this fund assumes no franchise fee increases for Xcel Energy and/or CenterPoint
Energy. He then reviewed the Capital Replacement Fund and Enterprise Utility Funds.
Mr. Harmening pointed out that the Enterprise Funds do not assume any changes in policy
relative to the City’s ponds, wetlands, etc. based on recent study session discussions by Council.
Mr. Swanson stated that long term, most funds are sustainable as projected and those funds with
challenges include the Housing Rehab Fund, Cable TV Fund, Pavement Management Fund, and
Workers’ Compensation Fund. He added that these funds are being analyzed by staff to ensure
long-term sustainability of all funds.
Councilmember Mavity stated that staff has done an excellent job in keeping staffing costs down
and asked if a comparison with other cities has been prepared.
City Council Meeting of July 18, 2011 (Item 3b) Page 3
Subject: Special Study Session Minutes of June 20, 2011
Ms. Deno advised that a policy was adopted by Council in the late 1990’s that requires the City
to compare its salaries with other suburban cities in the metro area and this is done as a matter of
routine every year. She indicated that a 2% increase in wages for 2012 is consistent with other
cities.
Ms. Deno reviewed the 2012 budget calendar and stated that the June 27th study session will
include a discussion regarding the potential State government shutdown.
It was the consensus of the City Council that the 2012 budget process and timeline meet Council
expectations. It was also the consensus of the City Council that the general direction outlined for
the 2012 budget recommendations are in line with Council expectations.
The meeting adjourned at 7:32 p.m.
Written Reports provided and documented for recording purposes only:
2. Fire Stations Project Update
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: July 18, 2011
Agenda Item #: 3c
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JUNE 20, 2011
1. Call to Order
Mayor Jacobs called the meeting to order at 7:33 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia
Ross, and Sue Santa.
Councilmembers absent: Susan Sanger.
Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), City Clerk (Ms. Stroth),
and Recording Secretary (Ms. Hughes).
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Acceptance of Donation from CenterPoint Energy
Mr. Luse introduced Ms. Cheri Monson from CenterPoint Energy.
Ms. Monson presented the City with a check for $1,550.00 representing a donation from
a Community Partnership Grant to be used for the purchase of an Automated External
Defibrillator (AED) to be installed at the police sub-station at West End. She stated that
CenterPoint is pleased to partner with local police and fire departments and expressed
CenterPoint’s shared commitment to safety.
Mayor Jacobs expressed the City Council’s thanks and appreciation to CenterPoint
Energy.
3. Approval of Minutes
3a. Special City Council Minutes May 31, 2011
Councilmember Mavity requested that the ninth sentence of the third paragraph on page 2
be amended to state “She also indicated that Council has discussed the potential increase
in trains on MN&S, but TCW representatives have indicated that the maximum number
on any given day would be 353 cars, representing a decrease in the use of that line from
what had run on that line for decades.”
The minutes were approved as amended.
3b. Special Study Session Minutes May 31, 2011
The minutes were approved as presented.
City Council Meeting of July 18, 2011 (Item 3c) Page 2
Subject: City Council Minutes of June 20, 2011
3c. Special Study Session Minutes June 6, 2011
The minutes were approved as presented.
3d. City Council Meeting Minutes June 6, 2011
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a. Waive second reading and adopt Ordinance No. 2400-11 vacating a highway
easement at 5330 Cedar Lake Road, and approve the summary for publication.
4b. Authorize the termination of an encroachment agreement at 5330 Cedar Lake
Road.
4c. Waive second reading and adopt Ordinance No. 2401-11 vacating the 42 ½
Street West and Natchez Avenue South Right-of-way adjacent to 4253 Ottawa
Avenue South contained in the agenda materials, and approve the summary
ordinance for publication.
4d. Approve a temporary on-sale intoxicating liquor license for Church of the Holy
Family at 5900 & 5925 West Lake Street in St. Louis Park for an event to be held
on August 20, 2011.
4e. Adopt Resolution No. 11-062 approving acceptance of monetary donation from
CenterPoint Energy in the amount of $1,550.00 to purchase an Automated
External Defibrillator for the police sub-station at West End.
4f. Approve a temporary on-sale intoxicating liquor license for St. Louis Park Public
Schools Foundation for an event to be held on September 10, 2011 at
Perspectives.
4g. Adopt Resolution No. 11-063 Designating Polling Places and Appointing
Election Judges for the Primary and General Elections of 2011.
4h. Authorize the Mayor and City Clerk to sign the joint powers agreement permitting
continued access to the State of Minnesota Criminal Justice Data
Communications Network maintained by the MN Bureau of Criminal
Apprehension (BCA).
4i. Adopt Resolution No. 11-064 accepting this report, establishing and ordering
Improvement Project No. 2009-1700 for the replacement of garage roof,
approving plans and specifications, and authorizing advertisement for bids.
4j. Adopt Resolution No. 11-065 authorizing final payment in the amount of
$3,178.56 and accepting work for the 2010 MSA Maintenance Mill and Overlay
Project with Valley Paving, Inc., City Contract No. 148-10.
4k. Removed from Consent and placed on regular Agenda as Item 8a. (Approve
Resolution to disburse excess Sunset Ridge HIA Project Fund Balance of
$135,475.27 to the Sunset Ridge Condominium Association’s replacement
reserve fund.)
4l. Approve for Filing Housing Authority Minutes May 11, 2011.
City Council Meeting of July 18, 2011 (Item 3c) Page 3
Subject: City Council Minutes of June 20, 2011
4m. Approve for Filing Fire Civil Service Commission Minutes February 7, 2011.
4n. Approve for Filing Vendor Claims.
4o. Approve for Filing Parks & Recreation Advisory Commission Minutes February
16, 2011.
Councilmember Ross requested that Consent Calendar item #4k (Approve Resolution to
disburse excess Sunset Ridge HIA Project Fund Balance of $135,475.27 to the Sunset
Ridge Condominium Association’s replacement reserve fund) be removed and placed on
the regular agenda.
It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve
the Agenda and items listed on the Consent Calendar as amended to move Consent
Calendar item #4k to the regular agenda as item #8a; and to waive reading of all
resolutions and ordinances.
The motion passed 6-0 (Councilmember Sanger absent).
5. Boards and Commissions – None
6. Public Hearings
6a. Public Hearing – Intoxicating On-sale and Sunday Liquor License – Little
Szechuan
Ms. Stroth presented the staff report and explained that Council previously approved a
wine and 3.2 malt liquor license and the applicant has indicated that they prefer to be
licensed for full intoxicating liquor. She stated that the applicant plans to open in the
next couple of weeks. She introduced Mr. Jin Zhu, Vice President of Eat Art, LLC, dba
Little Szechuan.
Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Finkelstein, seconded by Councilmember Mavity, to
approve application from Eat Art LLC dba Little Szechuan for an on-sale intoxicating
and Sunday liquor license to be located at 5377 W. 16th Street with the license term
through March 1, 2012.
The motion passed 6-0 (Councilmember Sanger absent).
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Approve Resolution to Disburse Excess Sunset Ridge HIA Project Fund
Balance of $135,475.27 to the Sunset Ridge Condominium Association’s
Replacement Reserve Fund
Resolution No. 11-066
City Council Meeting of July 18, 2011 (Item 3c) Page 4
Subject: City Council Minutes of June 20, 2011
Councilmember Ross requested clarification regarding excess funds and asked if it is
common to have money left over. She also asked if this money could be used to pay
down the loan.
Mr. Harmening explained that the contract contemplates that projects may come in under
budget and outlines what to do with those excess dollars. He stated that one option is to
put the excess into the replacement reserve account to be used for other common area
improvements. He noted that the Condominium Association is still obligated to repay
this amount along with its other obligation of approximately $3 million. He indicated
that in this case, the Association asked that the excess be put into their Replacement
Reserve Fund for future improvements and this is an allowed use per the terms of the
contract.
It was moved by Councilmember Ross, seconded by Councilmember Santa, to approve
Resolution No. 11-066 Approving Disbursement of Excess Project Fund Balance in the
Amount of $135,475.27 to the Sunset Ridge Condominium Associations’ Replacement
Reserve Fund.
The motion passed 6-0 (Councilmember Sanger absent).
9. Communications
Mayor Jacobs expressed the Council’s gratitude to the Parktacular committee, City staff,
and the hundreds of volunteers who helped make this year’s Parktacular event a success.
He stated that it was a great community celebration and congratulated Ms. Joan Fenton
and the Parktacular committee for putting together another great community event.
10. Adjournment
The meeting adjourned at 7:44 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: July 18, 2011
Agenda Item #: 3d
UNOFFICIAL MINUTES
SPECIAL CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JUNE 27, 2011
1. Call to Order
Mayor Pro Tem Sanger called the meeting to order at 6:30 p.m.
Councilmembers present: Mayor Pro Tem Susan Sanger, Anne Mavity, Julia Ross, and Sue
Santa.
Councilmembers absent: Mayor Jeff Jacobs, Phil Finkelstein, and Paul Omodt.
Staff present: City Manager (Mr. Harmening) and City Attorney (Mr. Scott).
1a. Roll Call
2. Closed Executive Session
2a. Discuss with the City Attorney Pending Litigation with Alberto Properties
LLC
The City Council met in closed executive session with the City Attorney to discuss
pending litigation with Alberto Properties LLC.
3. Resolutions, Ordinances, Motions and Discussion Items
3a. Settlement Agreement with Alberto Properties LLC vs. St. Louis Park
It was moved by Councilmember Mavity, seconded by Councilmember Santa, to approve
Stipulation of Settlement with Alberto Properties LLC.
The motion passed 4-0 (Mayor Jacobs and Councilmembers Finkelstein and Omodt
absent).
4. Adjournment
The meeting adjourned at 7:16 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem
Meeting Date: July 18, 2011
Agenda Item #: 3e
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
JUNE 27, 2011
The meeting convened at 7:16 p.m.
Councilmembers present: Mayor Pro Tem Susan Sanger, Anne Mavity, Julia Ross, and Sue
Santa.
Councilmembers absent: Mayor Jeff Jacobs, Phil Finkelstein, and Paul Omodt.
Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director
(Ms. Deno), Community Liaison (Ms. Olson), Organizational Development Coordinator (Ms.
Gothberg), Police Lieutenant (Mr. Harcey), Police Lieutenant (Ms. Dreier), Director of Public
Works (Mr. Rardin), City Engineer (Mr. Brink), and Recording Secretary (Ms. Hughes).
Guests: Bill Morris and Peter Leatherman (Decision Resources, Ltd.), Jim Smith (Chair, Police
Advisory Commission), and Mary Tomback (Chair, Human Rights Commission).
1. Future Study Session Agenda Planning – July 11, 2011
Mr. Harmening presented the proposed study session agenda for July 11th. He indicated that
because no Council meeting is scheduled for July 5th, a special City Council meeting will be held
on July 11th at 6:30 p.m. in order to take action on the Cavalia land use items.
Councilmember Mavity stated that she will be absent on July 25th and requested that the
sidewalk policy discussion be moved to August 1st.
Councilmember Ross advised that she would be absent on July 25th.
2. Residential Survey Update
Ms. Gothberg presented the staff report and welcomed Mr. Bill Morris and Mr. Peter
Leatherman from Decision Resources. She expressed thanks to Ms. Olson for her significant
efforts on the residential survey.
Mr. Morris stated that Decision Resources contacted 400 randomly selected households across
the City between mid-April and mid-May and the average interview time was 31 minutes. He
provided a detailed overview of the findings from the 2011 residential survey and stated that the
City received an excellent rating on its quality of life and has sustained the #2 spot in the metro
area for the past three years. He discussed the open-ended question asked of respondents about
what they like most about the City, and stated that “sense of community” doubled from 8% in
2008 to 16% in 2011 and parks and recreation tripled from 4% in 2008 to 13% in 2011. He
advised that the train issue appeared for the first time as a key concern on the most serious issue
facing the community, while high taxes, school funding, and traffic congestion decreased in
importance as the most serious issue facing the community. He reviewed the public safety issues
and contact with the police, fire, and inspection departments, noting that the neighborhood watch
rate is among the highest in the metro area. He indicated that the City received very high ratings
City Council Meeting of July 18, 2011 (Item 3e) Page 2
Subject: Study Session Minutes of June 27, 2011
on City services and value of City services, and ranks among the top in the metro area. He stated
that 78% of respondents felt empowered to have an impact on the way things are run in the City,
while the average in most suburbs is 30%. He discussed the job performance of the Mayor and
City Council and contact with the Council and City staff, indicating that the City received very
high customer service ratings. He reviewed the survey results regarding general and continued
City redevelopment and indicated that new restaurants received a low ranking on the service
business priority. He stated that respondents felt there were too few senior assisted living and
one-level housing options available in the City. He discussed the survey results related to
growing population diversity, community reactions, appearance of neighborhoods, and
neighborhood perceptions. He stated that taken together, the City’s neighborhood structure is
strongly cohesive. He discussed the awareness of the RAP line, commuter traffic, and ease of
travel, and stated that the City’s 89% rating with respect to ease of getting to and from a
destination was the highest rating across the metro. He advised that the Children First initiative
questions revealed that only approximately 1/8th of residents are actively involved in the asset-
building process. He discussed the respondent’s strong support of continuing to build trails and
sidewalks, and noted that comments tended to be geared more toward trails than sidewalks. He
reviewed the findings relative to interest in amenities, and stated that 47% supported a tax or user
fee increase to pay for amenities, which represents a decrease in terms of support. He opined
that this finding is not strong enough at this time to further pursue. He discussed the responses
regarding principal sources of information, emergency information, and City website, as well as
the quality of education and community education findings.
Mr. Morris stated that St. Louis Park has always been considered one of the best practices cities
across the entire metro. He stated that the City’s effort to drive more people to the website seems
to be working, but the newsletter still plays an important role. He added that the final report
submitted to Council will contain findings broken down by ward; in addition, the written
analysis contained in the final report will section out all of the deviations with further detail.
Mayor Pro Tem Sanger requested that Decision Resources provide further information regarding
demographic trends.
Councilmember Mavity encouraged the City to continue its proactive environmental
stewardship. She also encouraged the City to increase its recycling options for residents.
Councilmember Ross stated that the growing diversity of the City and the City’s communication
efforts confirms the need to continue having various forms of media available to residents.
Mr. Harmening stated that staff is working on a communication plan for getting the survey
results out, including a press release, posting on the City’s website and through social media, and
perhaps a guest column in the newspaper.
Councilmember Ross suggested that a presentation be given on the City’s cable access channel.
Mr. Morris suggested that the City contact the regional reporter at the Star Tribune as a way to
highlight the survey results and the City.
Mayor Pro Tem Sanger recessed the study session meeting at 8:39 p.m.
Mayor Pro Tem Sanger reconvened the study session meeting at 8:43 p.m.
City Council Meeting of July 18, 2011 (Item 3e) Page 3
Subject: Study Session Minutes of June 27, 2011
3. Human Rights Commission Annual Report and Work Plan
Ms. Olson presented the staff report and introduced Ms. Mary Tomback, incoming chair of the
Human Rights Commission (HRC), who is taking over for Mr. Morgan due to his relocation to
China in July. She advised that the HRC identified bullying as a key issue facing the community
and would like to expend some effort on this topic.
Ms. Tomback stated that several new people have recently joined the HRC and the HRC has
expressed an interest in taking one item and having a cohesive agenda for the coming year. She
advised that the HRC believes that bullying is a human rights issue and is an issue that the HRC
can use to inform and articulate its agenda over the next year. She stated that the HRC intends to
include cyber bullying, bullying in the schools, as well as financial predators as a way to target
all demographic areas on this issue.
Councilmember Mavity applauded the HRC for working on this issue and expressed support for
the HRC’s work in this area. She requested that the Diversity Lens contain more outcome-based
or task-oriented information. She stated that she was not sure anyone would know what to do
with the “what you can do” section. She also encouraged the HRC to involve the wider
community as much as possible in participating in the HRC’s efforts on bullying.
Councilmember Santa stated that a national conference held three years had a powerful speaker
make a presentation on bullying. She agreed to provide Ms. Tomback with the speaker’s name.
She also requested that the HRC provide its recommendation to Council regarding the number of
commissioners on the HRC.
Ms. Olson stated that the HRC has found it difficult to retain 13 commissioners and would like to
move to nine commissioners. She added that the HRC has also struggled to get youth
commissioners to serve. She added that any change in the number of commissioners serving on
the HRC will require a change in the bylaws and action by Council.
Mayor Pro Tem Sanger expressed the Council’s thanks to the HRC for its efforts and
commitment to the community.
4. Police Advisory Commission (PAC) 2010 Annual Report and 2011 Work Plan
Mr. Harmening presented the staff report and introduced Lt. Mike Harcey and Mr. Jim Smith,
Chair of the Police Advisory Commission.
Councilmember Santa requested further information regarding the abbreviated version of the
Citizen’s Academy geared toward immigrant populations.
Lt. Harcey explained that the PAC has been working with the Human Rights Commission in
reaching out to the immigrant populations and providing educational outreach on what a police
department does and what a police department can do for this population. He indicated that two
classes were offered this spring through the Community Education program’s English as a
Second Language classes that provided an introductory program on the basic functions of a
police department, how to contact the police department, and what services are provided by the
police department, as well as more detailed information on how to act if you are stopped by the
police in your vehicle, etc.
City Council Meeting of July 18, 2011 (Item 3e) Page 4
Subject: Study Session Minutes of June 27, 2011
Councilmember Santa encouraged the PAC to expand its partnership with Community Education
and the Human Rights Commission because it gives everybody more credence and builds trusts
and improves relationships.
Mayor Pro Tem Sanger asked if the immigrant population has requested an opportunity to speak
to the community, similar to the presentation previously given by the Somali community.
Lt. Harcey replied that input received has not indicated that the immigrant population is looking
for this. He added that the questions received were more specifically police-related issues, such
as what happens if someone is involved in a domestic dispute or a traffic stop.
Councilmember Ross stated that the issue of bike safety rules and regulations are different
among neighboring communities and encouraged the PAC to work with other cities to
standardize these rules.
Lt. Harcey stated that the PAC has worked with Three Rivers Park District on this issue and the
Park District shares the City’s frustration with this situation.
Mr. Smith advised that the Social Host Ordinance is on the PAC’s meeting agenda for next
week.
Mayor Pro Tem Sanger expressed the Council’s thanks to the Police Advisory Commission.
5. Project Update – Highway 100 Reconstruction Project
Mr. Harmening presented the staff report and indicated that Mn/DOT has determined that the
West 27th Street ramp represents a significant safety issue on the Highway 100 rebuild project.
He stated that staff received a lot of good input during the public process and would like to
provide the neighborhood with the City’s preferred ramp option prior to informing Mn/DOT in
order to provide the neighborhood with an opportunity to provide further comments.
Mr. Rardin reviewed the summary and results of the public process regarding the proposed West
27th Street ramp closure.
Mayor Pro Tem Sanger stated that there is currently a fair amount of traffic coming from the area
where the Volkswagen dealership is located, coming southbound on Utica Avenue that goes onto
Highway 100 at West 27th. She indicated if the West 27th Street ramp is closed and Mn/DOT
does nothing else, all that traffic will have no choice but to turn on West 27th onto Vernon
Avenue because this is the only street that has a traffic light at Minnetonka Boulevard. She
expressed concern that Vernon Avenue will become gridlocked.
Councilmember Ross noted that it is still uncertain what will happen with the Nestlé property
and how the West 27th Street ramp closure would impact that area.
Mayor Pro Tem Sanger stated that two neighborhood meetings were held to discuss available
options with residents. She indicated that one option includes closing the Parkdale and West 27th
Street ramps and building a new ramp in the vicinity of the VW dealer. She noted that there was
a significant amount of opposition from people on Vernon Avenue to the possibility of extending
Vernon Avenue past 25-1/2 Street to facilitate traffic to and from the Nestlé/VW area. She added
City Council Meeting of July 18, 2011 (Item 3e) Page 5
Subject: Study Session Minutes of June 27, 2011
that residents were concerned that Vernon would turn into a thoroughfare. She stated that the
focus of the neighborhood meetings was a proposed ramp from West 27th Street to Minnetonka
Boulevard which would keep traffic from going through the neighborhoods and off of Vernon
Avenue, which means that Vernon will not become a thoroughfare and will not have to be
extended, and it also preserves Utica Avenue as a less trafficked street. She indicated that the
downside to putting a ramp in this location is that while there is enough room for a noise wall if
the neighbors want it, there is not enough room for a berm. She added that this ramp option
seems to be the best choice given that the other options are much worse, and results in lesser
impacts to residents.
Mr. Rardin pointed out that the Council will not have a say in deciding the installation of a noise
wall because the Mn/DOT process now allows for the impacted property owners to decide
whether a noise wall is installed.
Councilmember Mavity asked how this project will impact the Council’s stated desire for
building a north-south connection.
Mr. Rardin replied that the north-south connection can still happen with any of the proposed
options.
Mayor Pro Tem Sanger asked if the option of closing West 27th Street and Parkdale and creating
a new entrance ramp around West 25th with no extension of Vernon Avenue would create
significant traffic congestion for people going in and out of the area.
Mr. Rardin stated that he felt drivers would be able to get in and out of the area, but there will
likely be increased traffic counts on Vernon Avenue.
Mr. Harmening indicated that next steps include modeling of this option by Mn/DOT to make
sure it will work.
It was the consensus of the City Councilmembers in attendance that the proposed option for the
West 27th Street ramp outlined by Mayor Pro Tem Sanger was worth pursuing at this time.
Mayor Pro Tem Sanger requested that staff prepare a handout summarizing the option to be
pursued and requested that the handout be available at the Birchwood neighborhood picnic on
Thursday, June 30th. She also requested that the handout include a map and an indication that
Mn/DOT modeling still needs to be done on this option.
Mr. Rardin advised that Mn/DOT has proposed that a Noise Advisory Committee (NAC) be
created for the Highway 100 project and has requested that names be provided to fill the resident
positions on the committee. He suggested that Councilmember Sanger serve on the NAC. He
stated that Scott Brink and Meg McMonigal will participate from City staff and April Crockett
from Mn/DOT will participate in the meetings. He requested that Council provide names of
residents to serve on the NAC.
Mayor Pro Tem Sanger agreed to serve on the NAC and stated that the level of community
distrust of Mn/DOT has skyrocketed as a result of the train issue. She and Councilmember
Mavity agreed to provide names of residents to serve on the NAC.
City Council Meeting of July 18, 2011 (Item 3e) Page 6
Subject: Study Session Minutes of June 27, 2011
6. Possible Implications of a State Government Shutdown
Mr. Harmening presented the staff report.
Ms. Deno indicated that department directors are monitoring information and official notices
from the State and the City is very well prepared for a potential shutdown primarily because the
City does not rely on LGA or MVHC and is in good shape fiscally and operationally. She added
that the League has also been providing an ongoing list of things that could be shut down.
Councilmember Ross urged anyone that has a driver’s license or license tabs coming up for
renewal to get them renewed right away. She asked about impacts to the City as it relates to the
Highway Patrol.
Ms. Deno stated that Chief Luse has indicated that the City’s Police Department is a fairly self-
contained unit and does not rely a great deal on the State Patrol. She added that the City also has
mutual aid with other cities for police and fire calls.
Councilmember Mavity expressed her appreciation for the helpful information contained in the
staff report.
Mayor Pro Tem Sanger also expressed her appreciation for the helpful information. She stated
that there are a number of nonprofit organizations that provide services paid for by the State that
would be shutting down, such as Cornerstone.
Ms. Deno indicated that each department director will be asked to provide a recommendation
and plan on dealing with services that are no longer being provided by the State.
Mr. Harmening stated that in some cases a specific resource, such as Cornerstone, might not be
available during a State government shutdown.
Councilmember Santa expressed concern about residents getting laid off and the additional stress
this places on them, particularly for those families with limited resources.
Mr. Harmening stated that the majority of services provided by the City will continue in the
event of a State government shutdown.
7. Communications/Meeting Check-in (Verbal)
Councilmember Mavity stated that she did not feel any change was necessary to the current
Mayor and City Council compensation structure.
It was the consensus of the City Councilmembers in attendance to make no changes to the
current compensation levels for the Mayor, City Council, and Economic Development Authority
members.
Mr. Harmening reported that a crime alert will be issued in the Bronx Park neighborhood
regarding an increase in graffiti.
City Council Meeting of July 18, 2011 (Item 3e) Page 7
Subject: Study Session Minutes of June 27, 2011
Mr. Harmening stated that a question has been raised as to whether a liquor licensee is allowed to
include offsite catering sales in their food/liquor sales numbers. He indicated that the ordinance
is not clear on this question but felt that an argument could be made that they should not be
allowed to include offsite catering sales in food/liquor sales numbers. He stated that staff will
clarify that liquor licensees cannot include offsite catering sales in their overall food/liquor sales
numbers.
The meeting adjourned at 10:30 p.m.
Written Reports provided and documented for recording purposes only:
8. Toby Keith’s Liquor License – Food/Liquor Sales Interim Report
9. May 2011 Monthly Financial Report
10. Mayor, City Council, and Economic Development Authority Compensation
______________________________________ ______________________________________
Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem
Meeting Date: July 18, 2011
Agenda Item #: 4a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Final Payment Resolution - Contract 127-10 with Visu-Sewer Clean & Seal, Inc. - Project No.
2010-2200.
RECOMMENDED ACTION:
Motion to Adopt Resolution accepting work and authorizing final payment in the amount of
$7,725.63 for the 2010 Sanitary Sewer Mainline Rehabilitation Project - Project No. 2010-2200
with Visu-Sewer Clean & Seal, Inc., City Contract No. 127-10.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
Bids were received on August 9, 2010 for Sanitary Sewer Mainline Rehabilitation Project. The
project consisted of relining 6010 feet or about 10 blocks of the sanitary sewer lines at selected
locations. The work occurred at various locations throughout the city including work in the
Elliot, Aquila, Minikahda Vista and Meadowbrook Neighborhoods. The relining process
rehabilitates or renews these sections of aging pipe and is expected to extend their service life
another fifty plus years.
City Council awarded a contract for this work to Visu-Sewer on August 16, 2010 in the amount
of $153,581.50. The Contractor completed the work within the contract time allowed at a final
contract cost of $154,512.50 with an overrun of $931.00 due to a small increase in the length of
pipe relining. There was no change orders associated with this contract.
FINANCIAL OR BUDGET CONSIDERATION:
This project was included in the Capital Improvement Program (CIP) and authorized with a
construction budget of $192,500. The source of funds for this project is the Sanitary Sewer Fund.
VISION CONSIDERATION:
Not applicable.
Attachment: Resolution
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 4a) Page 2
Subject: Final Payment Resolution-Contract 127-10 with Visu-Sewer Clean & Seal, Inc - Project No. 2010-2200
RESOLUTION NO. 11-____
RESOLUTION ACCEPTING WORK ON
SANITARY SEWER – MAINLINE REHABILITATION
CITY PROJECT NO. 2010-2200
CONTRACT NO. 127-10
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis
Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated August 16, 2010, Visu-Sewer Clean & Seal, Inc.
has satisfactorily completed the sanitary sewer mainline rehabilitation project, as per Contract No.
127-10.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is directed
to make final payment on the contract, taking the contractor's receipt in full.
Original Contract Price $153,581.50
Change Orders 0.00
Overruns $ 931.00
Contract Amount $154,512.50
Previous Payments $146,786.87
Balance Due $ 7,725.63
Reviewed for Administration: Adopted by the City Council July 18, 2011
City Manager Mayor
Attest:
City Clerk
Meeting Date: July 18, 2011
Agenda Item #: 4b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Project Report: Taft Stormwater Lift Station Improvements – Project No. 2007-2400.
RECOMMENDED ACTION:
Motion to Adopt Resolution accepting the Project Report, establishing Improvement Project No.
2007-2400, approving plans and specifications, and authorizing advertisement for bids for
Improvement Project No. 2007-2400.
POLICY CONSIDERATION:
Does the City Council desire staff to undertake this planned improvement?
BACKGROUND:
History
The Taft Stormwater Lift Station is located in the southwest corner of South Oak Pond (see
attached map). The lift station controls the water level of South Oak Pond by pumping water
into Minnehaha Creek. South Oak Pond serves as a storm water detention basin which helps
control area flooding and improves the water quality of the stormwater runoff before being
discharged into Minnehaha Creek. The South Oak Pond basin is the final collection point of the
area surrounding the Highway 7 and Louisiana Avenue intersection and areas north including
Oak Hill Park.
The lift station was built in 1976 and is nearing the end of its useful life. Reconstruction of this
lift station has been planned for several years, but has been deferred to better match with the
proposed Hwy 7 / Louisiana Ave Interchange project. This proposed project is included in the
city Capital Improvement Program (CIP) for replacement beginning in 2011.
Proposed Work
Staff is proposing to replace the lift station in two phases. Phase 1 will be conducted in 2011 and
will include installation of a new gravity flow storm sewer pipe, a wet well structure which will
house new pumps, force main piping and other appurtenances of the piping system. This 2011
Phase 1 work is estimated to cost approximately $260,000. This is the only phase being
authorized at this time.
Phase 2 work will include installation of new smaller and more efficient pumps, installation of
electric controls and housing cabinet, demolition of the existing lift station building, and final
site restoration. Phase 2 work is being deferred until 2012 or 2013 to allow for the completion of
the final design of the Highway 7 and Louisiana Interchange. Final design of the interchange
will provide additional hydraulic information related to possible storm water runoff changes to
South Oak Pond. This information will be used to properly size the lift station pumps. This
2013 Phase 2 work is estimated to cost approximately $215,000.
Once completed, the new lift station system will be more efficient than the current system
thereby saving energy and operation expenses.
City Council Meeting July 18, 2011 (Item No. 4b) Page 2
Subject: Project Report: Taft Stormwater Lift Station Improvements – Project No. 2007-2400
Project Timeline
The following schedule is proposed:
Approval of Plans/Authorization to Bid by City Council July 18, 2011
Advertise for bids Early August
Bid Opening August 25, 2011
Bid Tab Report to City Council; Award contract September 6, 2011
Construction Late September – October
(Phase 1)
Costs / Funding
This project is included in the city Capital Improvement Program (CIP) scheduled for
construction beginning in 2011 currently budgeted at a total project cost of $500,000. The
current total estimated cost of the Taft Stormwater Lift Station Improvements are:
Estimated Costs Amount
Construction Cost (2011 Phase 1) $214,430
Construction Cost (2013 Phase 2) $175,000
Contingencies (10%) $ 38,940
Engineering & Administrative (12%) $ 46,740
Total $475,110
Funding Sources Amount
Stormwater Utility Fund (2011 Phase 1) $275,000
Stormwater Utility Fund (2013 Phase 2) $225,000
Total $500,000
VISION CONSIDERATION:
None.
Attachments: Resolution
Site Map
Prepared by: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Scott Brink, City Engineer
Scott Anderson, Utilities Superintendent
Approved By: Tom Harmening, City Manager
City Council Meeting July 18, 2011 (Item No. 4b) Page 3
Subject: Project Report: Taft Stormwater Lift Station Improvements – Project No. 2007-2400
RESOLUTION NO. 11-____
RESOLUTION.ACCEPTING THE PROJECT REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 2007-2400,
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2007-2400
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
City Engineer, or designee, related to the Storm Sewer Lift Station # 6 Improvements.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Project Report regarding the Strom Lift Station # 6 Improvements is hereby
accepted.
2. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the
Project Report.
3. The proposed project, designated as Project No. 2007-2400, is hereby established and
ordered.
4. The plans and specifications for the making of the improvement, as prepared under the
direction of the City Engineer or designee, are approved.
5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and in the Construction Bulletin an advertisement for bids for the making of
said improvement under said-approved plans and specifications. The advertisement shall
appear not less than ten (10) days prior to the date and time bids will be received by the
City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk
and accompanied by a bid bond payable to the City for five (5) percent of the amount of
the bid.
6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly
after the letting date. The report shall include a tabulation of the bid results and a
recommendation to the City Council for award of contract.
Reviewed for Administration Adopted by the City Council July 18, 2011
City Manager Mayor
Attest:
City Clerk
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City Council Meeting of July 18, 2011 (Item No. 4b)
Subject: Project Report: Taft Stormwater Lift Station Improvements – Project No. 2007-2400 Page 4
Meeting Date: July 18, 2011
Agenda Item #: 4c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Bid Tabulation: Maintenance Project - 2011 Random Concrete Repair Project – Project No.
2011-0003, 0004 & 0006.
RECOMMENDED ACTION:
Motion to designate Ron Kassa Construction, Inc. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $118,060.00 for the 2011 Random
Concrete Repair Project – Project No. 2011-0003, 0004, and 0006.
POLICY CONSIDERATION:
Does the City Council wish to continue the City’s practice of replacing sidewalk, curb and gutter
and catch basins in need of repair?
BACKGROUND:
Bid Information:
Bids were received on July 11, 2011 for the annual repair and construction of sidewalk, curb and
gutter, and storm sewer catch basins at various locations in the city. Staff annually surveys the
condition of sidewalks to identify hazards for repair. Panels of sidewalk that are cracked or have
been lifted by tree roots to create trip hazards that need to be removed and replaced are included
in this contract. Curb and gutter with similar defects that create drainage or safety problems are
also repaired. Deteriorating catch basins that are within the work area will also be repaired or
rebuilt. Most of the work will be concentrated in next year’s sealcoating area (Area 4, which
includes the Bronx Park, Birchwood, and Sorensen neighborhoods).
A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Ron Kassa Construction, Inc. $118,060.00
O’Malley Construction, Inc. $126,037.07
Engineer’s Estimate $131,747.50
Evaluation of Bids:
A review of the bids indicates Ron Kassa Construction, Inc. submitted the lowest responsible
bid. Kassa Construction is a reputable contractor that has worked for the city before and has
successfully completed previous contracts.
Construction Timeline:
Construction typically occurs in July, August, or September and is scheduled to be completed
within 20 working days once construction begins.
City Council Meeting of July 18, 2011 (Item No. 4c) Page 2
Subject: Bid Tab: 2011 Random Concrete Repair Improvement Project Nos. 2011-0003, 0004 & 0006
FINANCIAL OR BUDGET CONSIDERATION:
These projects have been programmed in the Capital Improvement Program (C.I.P.) for
construction in 2011 at a total combined cost of $165,000. They are proposed to be funded by
the Public Works Operations budget, Stormwater Utility budget and the Pavement Management
budget as shown below.
Based on the low bid received, cost and funding details are revised as follows:
Expenditures
Construction Cost $118,060.00
Engineering & Administration (12%) $ 14,170.00
Total $132,330.00
Revenues
PW Operations Funds $ 95,000.00
Pavement Management Funds $ 50,000.00
Stormwater Utility Funds $ 20,000.00
Total $165,000.00
Approximately $30,000 of the Public Works Operations budget has been reserved to be spent on
a separate project for sidewalk trip hazard repairs using the horizontal concrete sawing repair
method. This will be a similar project to the pilot project completed in 2010 and reported on for
the July 11th Study Session. Staff will solicit quotes from two specialty vendors that perform this
type of repair.
As result, a balance of $135,000 remains designated for the random concrete repair project to be
contracted for above with Kassa Construction, currently estimated at $132,330.
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Scott Brink, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
Meeting Date: July 18, 2011
Agenda Item #: 4d
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Bid Tabulation: Street Maintenance Project (Sealcoat Streets - Area 3) – Project No. 2011-0001.
RECOMMENDED ACTION:
Motion to designate Pearson Brothers, Inc. the lowest responsible bidder and authorize execution
of contract with the firm in the amount of $213,863.28 for Street Maintenance Project (Sealcoat
Streets - Area 3 – Project No. 2011-0001).
POLICY CONSIDERATION:
Does the City Council wish to continue the practice of sealcoating as part of the Pavement
Management Program for maintaining the City’s streets?
BACKGROUND:
History
Sealcoating is the surface application of an asphalt material followed by the placement of
aggregate (rock) which is embedded into the asphalt material while it is liquid. The purpose of
this treatment is to add surface friction to the pavement, facilitating vehicle traction, and to seal
the surface from oxidation and the effects of moisture. Sealcoating can extend the life of a
pavement, in good condition, by 5-9 years. The City’s Pavement Management Program provides
for the sealcoating of each street once every eight (8) years.
Area 3 of the Pavement Management Program is scheduled for sealcoating in 2011. These
streets were last sealcoated in 2003. Area 3 comprises the streets in the Cedar Manor, Crestview,
Westdale, Westwood Hills and Kilmer Pond neighborhoods. A map of the streets to be
sealcoated is attached.
Not all streets in Area 3 will be sealcoated. Based on the City’s computerized pavement
management software and visual inspections by City staff, several streets in the area were
determined to be in need of more aggressive maintenance than has been done in the past.
Sealcoating these streets at this time would be an inappropriate use of resources. Thus, they have
been eliminated from this sealcoat project with the understanding that they are scheduled for
higher levels of maintenance or rehabilitation in 2015, as part of the overall Pavement
Management Program.
Bid Information
Bids for the project were received on July 11, 2011
A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Pearson Brothers, Inc. $213,863.28
Allied Blacktop Company $222,899.15
Engineer’s Estimate $251,455.90
City Council Meeting of July 18, 2011 (Item No. 4d) Page 2
Subject: Bid Tabulation: Street Maintenance Project (Sealcoat Streets - Area 3) – Project No. 2011-0001
Two (2) contractors submitted bids. A review of the bids indicates Pearson Brothers, Inc.
submitted the lowest bid. Pearson Brothers is a reputable contractor that has worked for the City
before. Staff recommends that a contract be awarded to the firm in the amount of $213,863.28.
FINANCIAL CONSIDERATIONS:
Costs for sealcoating the local streets will be paid from the City’s Pavement Management Fund.
Municipal State Aid streets in Area 3 that are sealcoated will be paid from the Public Works
Operations budget. The 2011 Capital Improvement Program budgeted $294,883 for this year’s
sealcoat project.
Based on the low bid received, cost and funding details are revised as follows:
Expenditures
Construction Cost $213,863.28
Contingencies (10%) $ 21,385.00
Engineering & Administration (12%) $ 25,660.00
Total $260,908.28
Revenues
Pavement Management Funds $259,883.00
PW Operations Funds $ 35,000.00
Total $294,883.00
PROJECT TIMING:
This work is expected to be completed no later than August 31. The entire process on a given
street takes approximately 72 hours. The project, once started, usually lasts 4 days. Streets will
be posted for “No Parking” beginning the day before work is to occur. Residents will receive
notice of the impending work and parking restrictions.
VISION CONSIDERATION:
Not applicable.
Attachment: Map
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 4d)
Subject: Bid Tabulation: Street Maintenance Project (Sealcoat Streets - Area 3) – Project No. 2011-0001 Page 3
Meeting Date: July 18, 2011
Agenda Item #: 4e
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Bid Tabulation: Water Project - Well Redevelopment (SLP 14) - Project No. 2011-1401.
RECOMMENDED ACTION:
Motion to designate Keys Well Drilling, Co. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $189,345.00 for the Water Project - Well
Redevelopment (SLP 14) - Project No. 2011-1401.
POLICY CONSIDERATION:
Does the City Council wish to take the final step to allow this project to move forward?
BACKGROUND:
Bid Information
Bids were received on July 8, 2011 for the Water Project - Well Redevelopment (SLP 14) -
Project No. 2011-1401. The project includes work on Municipal well SLP 14 (Prairie du-Chein
aquifer), located at Water Treatment Plant 10 on Cedar Lake Road. The redevelopment of
Municipal Well SLP14 includes the removal of the screen and gravel pack, removal and disposal
of sand material in the well hole, redevelopment of the well hole, and installation of pump and
pump appurtenances. The project will also include the purchase and installation of a new high
efficiency motor. The project is required to restore the well to proper operation to meet the
City’s water needs.
A total of three (3) bids were received for this project. A summary of the bid results is as
follows:
Evaluation of Bids
Staff and its consultant, Advanced Engineering and Environmental Services, Inc., has reviewed
all of the bids submitted and has tabulated the results. From the review, staff recommends Keys
Well Drilling, Co. as the lowest responsible bidder (see attached bid recommendation letter).
Keys Well Drilling is a reputable contractor that has on worked on several water well projects for
St. Louis Park which were successfully completed.
Construction Timeline
Construction is tentatively planned to begin in September and should be completed by March,
2012.
CONTRACTOR BID AMOUNT
Keys Well Drilling, Co. $189,345.00
E H Renner & Sons, Inc. $192,414.00
Mark J. Traut Wells $307,430.00
Engineer’s Estimate $185,275.00
City Council Meeting of July 18, 2011 (Item No. 4e) Page 2
Subject: Bid Tabulation Water Project – Well Redevelopment (SLP 14) - Project No. 2011-1401
FINANCIAL OR BUDGET CONSIDERATION:
This project has been programmed in the Capital Improvement Program (C.I.P.) for construction
in 2011. This project will be funded by Water Utility fund.
Based on the low bid received, cost and funding details are revised as follows:
Expenditures
Construction Cost $189,345.00
Contingencies (10%) $ 18,935.00
Engineering & Administration (12%) $ 22,720.00
Total $231,000.00
Revenues
Water Utility Funds $231,000.00
VISION CONSIDERATION:
Not applicable.
Attachments: Consultant Bid Recommendation Letter
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Michael P. Rardin, Director of Public Works
Scott Brink, City Engineer
Scott Anderson, Utilities Superintendent
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 4e) Subject: Bid Tabulation Water Project - Well Redevelopment (SLP 14) - Project No. 2011-1401Page 3
City Council Meeting of July 18, 2011 (Item No. 4e)
Subject: Bid Tabulation Water Project - Well Redevelopment (SLP 14) - Project No. 2011-1401 Page 4
City Council Meeting of July 18, 2011 (Item No. 4e)
Subject: Bid Tabulation Water Project - Well Redevelopment (SLP 14) - Project No. 2011-1401 Page 5
Meeting Date: July 18, 2011
Agenda Item #: 4f
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Final Payment Resolution - Contract 36-09 with ASTECH Corporation - Project Nos. 2008-1000
and 2009-1300.
RECOMMENDED ACTION:
Motion to Adopt Resolution accepting work and authorizing final payment in the amount of
$79,631.13 for the 2009 Local Street Rehabilitation Project (Area 5) with ASTECH Corporation,
Projects No. 2008-1000 and 2009-1300 - City Contract No. 36-09.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
Bids were received on April 7, 2009 for Local Street Rehabilitation Project – Area 5, Projects
No. 2008-1000 and 2009-1300. This was the fifth year of the City’s Pavement Management
Program. Work occurred on selected streets in the Aquila and Amhurst Neighborhoods. The
work included replacing the old pavement with a new asphalt surface. Other work associated
with the project included drainage system repairs and watermain replacement.
City Council awarded a contract for this work to ASTECH Corporation on April 20, 2009 in the
amount of $1,392,181.65. The Contractor completed the work within the contract time allowed
at a final contract cost of $1,410,469.60 including two change orders. Change Order No. 1
amounted to $26,949.27 for extra utility work and Change Order No. 2 amounted to $7,547.00
for extra concrete driveway work. There were also project item under-runs amounting to savings
of $16,208.32.
FINANCIAL OR BUDGET CONSIDERATION:
The Pavement Management Fund provided $1,095,369.60 for the street work. Utility funds
provided $315,100 for work associated with the storm sewer and water systems.
VISION CONSIDERATION:
Not applicable.
Attachment: Resolution
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 4f) Page 2
Subject: Final Payment Resolution - Contract 36-09 w/ ASTECH - Project Nos. 2008-1000 & 2009-1300
RESOLUTION NO. 11-____
RESOLUTION ACCEPTING WORK ON
THE 2009 LOCAL STREET REHABILITATION PROJECT
AND WATERMAIN REPLACEMENT PROJECT
CITY PROJECTS NO. 2008-1000 & 2009-1300
CONTRACT NO. 36-09
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis
Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated April 20, 2009, ASTECH Corporation has
satisfactorily completed the construction of the street rehabilitation project, as per Contract No.
36-09.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is directed
to make final payment on the contract, taking the contractor's receipt in full.
Original Contract Price $1,392,181.65
Change Orders $34,496.27
Underruns ($16,208.32)
Previous Payments $1,330,838.47
Balance Due $ 79,631.13
Reviewed for Administration: Adopted by the City Council July 18, 2011
City Manager Mayor
Attest:
City Clerk
Meeting Date: July 18, 2011
Agenda Item #: 4g
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Resolution Authorizing the Adoption of the Hennepin County All-Hazard Mitigation Plan.
RECOMMENDED ACTION:
Motion to approve a resolution adopting the Hennepin County All-Hazard Mitigation Plan.
POLICY CONSIDERATION:
Does the City of St. Louis Park support the County’s hazard mitigation planning effort and wish
to adopt the Hennepin County All-Hazard Mitigation Plan?
BACKGROUND:
The Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan is a guide for all
communities that have participated in the preparation of the plan. In all, 43 communities in
Hennepin County participated in this project. The plan fulfills the requirements of the Federal
Disaster Mitigation Act (DMA 2000) as administered by the Minnesota Department of
Homeland Security and Emergency Management (HSEM) and the Federal Emergency
Management Agency (FEMA).
The scope of the Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan is the
municipalities and unincorporated areas within Hennepin County. The plan addresses all
hazards deemed to threaten property and persons within the county. Both short and long term
mitigation strategies are addressed, implementation tasks assigned, and funding alternatives
identified.
Hazard mitigation is any action taken to permanently reduce or eliminate long term risks to
people and property from the effects of hazards. Natural hazards come in many forms,
including: tornadoes, floods, severe storms, drought, earthquakes, winter storms or dam failures
resulting from natural disaster crises.
The purpose of the Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan is to
develop a unified approach among its local government for dealing with identified natural
hazards and hazard management problems. Hennepin County is vulnerable to several natural
hazards that are identified, profiled and analyzed in the plan. This plan is being formally adopted
by each participating entity and is required to be updated a minimum of every five years.
The plan is an extensive document and a copy will be provided to the City Council if so desired.
The plan can also be accessed in the July 18, 2011 Council Mail folder link.
FINANCIAL OR BUDGET CONSIDERATION:
No budget considerations. Current St. Louis Park mitigation efforts are on-going through daily
staff operations.
City Council Meeting of July 18, 2011 (Item No. 4g) Page 2
Subject: Resolution Authorizing the Adoption of the Hennepin County All-Hazard Mitigation Plan
VISION CONSIDERATION:
None
Attachments: Resolution
Prepared by: Luke Stemmer, Fire Chief
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 4g) Page 3
Subject: Resolution Authorizing the Adoption of the Hennepin County All-Hazard Mitigation Plan
RESOLUTION NO. 11-____
RESOLUTION APPROVING THE CITY OF ST. LOUIS PARK
ADOPTION OF THE HENNEPIN COUNTY
ALL-HAZARD MITIGATION PLAN
WHEREAS, the City of St. Louis Park has participated in the hazard mitigation planning
process as established under the Disaster Mitigation Act of 2000, and
WHEREAS, the Act establishes a framework for the development of a multi-
jurisdictional County Hazard Mitigation Plan; and
WHEREAS, the Act as part of the planning process requires public involvement and
local coordination among neighboring local units of government and businesses; and
WHEREAS, the Hennepin County Plan includes a risk assessment including past
hazards, hazards that threaten the County, an estimate of structures at risk, a general description
of land uses and development trends; and
WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals
and objectives and an action plan identifying specific mitigation projects and costs; and
WHEREAS, the Hennepin County Plan includes a maintenance or implementation
process including plan updates, integration of the plan into other planning documents and how
Hennepin County will maintain public participation and coordination; and
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland
Security and Emergency Management and the Federal Emergency Management Agency for
review and comment; and
WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county and
participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning
process may choose to also adopt the County Plan.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis
Park that the Mayor and City Manager support the hazard mitigation planning effort and wish to
adopt the Hennepin County All-Hazard Mitigation Plan.
Reviewed for Administration: Adopted by the City Council July 18, 2011
City Manager Mayor
Attest:
City Clerk
Meeting Date: July 18, 2011
Agenda Item #: 4h
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
April 6, 2011--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Andrew Ford (youth member), Claudia Johnston-Madison,
Dennis Morris, Carl Robertson, Larry Shapiro
MEMBERS ABSENT: Robert Kramer, Richard Person
STAFF PRESENT: Adam Fulton, Meg McMonigal, Nancy Sells
1. Call to Order – Roll Call
2. Minutes: March 2, 2011 and March 16, 2011
Commissioner Morris made a motion to recommend approval of the minutes of March 2,
2011 and March 16, 2011.
Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-0.
3. Hearings
A. Major Amendment to PUD – Park Summit Apartments
Location: 3601 Park Center Boulevard
Applicant: E.J. Plesko & Associates
Case No.: 11-04-PUD
Adam Fulton, Planner, presented the staff report. He discussed the project background,
traffic analysis, parking, landscaping, tree replacement, shading and the public process.
Commissioner Morris said the outdoor dining area appeared to be the only place to
calculate a Designed Outdoor Recreation Area (DORA). He asked how that would be an
increase from the previous proposal.
Mr. Fulton stated that activity space, trail, park connection, patio, and rooftop deck are
part of the DORA calculation.
Bob Bistry, HOK Architects, displayed an early image that mimicked more closely the
original landscape idea and he explained how it had been refined with feedback from
staff.
Commissioner Morris asked about the interpretation of the parking requirements. He
said the Silvercrest property to the south has the required parking, but it was usually only
at 80% capacity, which leaves additional room should the new development need
overflow parking.
City Council Meeting of July 18, 2011 (Item No. 4h) Page 2
Subject: Planning Commission Meeting Minutes of April 6, 2011
Mr. Fulton responded that was the correct interpretation, explaining that when Park
Shores apartments were constructed, there was a fairly low age of resident moving into
the building and usually they had two cars. As the building has matured, the age of the
residents has also increased and very few of the residents now have two cars and this was
taken into account as part of the review of the PUD proposal. They wouldn’t expect the
residents in the south building to increase the number of cars. The 40 parking spaces
were deemed to be available for the remainder of the PUD.
Commissioner Morris noted they were required to have 240 parking spaces and they had
a 40 parking space excess. If they were to lease it to another owner so they could have
the excess, it would be leasing away the required parking spaces.
Mr. Fulton replied that this is a single PUD under the same owner. He added that a PUD
generally allows shared parking between the uses.
Commissioner Morris asked if the parking issue ever arises and the owner wants to divide
the PUD, would they be forced to have the required parking on both sites because they
were severing the parcels?
Mr. Fulton replied that approval would be required in order to make some kind of major
modification to the PUD in the future.
Ms. McMonigal added that staff would evaluate it at the time. They would also
evaluate a new building to make sure the parking was working if a change were
requested.
Commissioner Carper asked for clarification on the statement “the consolidated access
point could be constructed with provisions for adding a signal when it becomes
necessary.” He asked if a signal would be constructed.
Mr. Fulton reviewed details from the SRF Traffic Study, which recommended a
consolidated access point. In the worst case scenario, the developer would construct just
their side of the consolidated access and the changes would be made as necessary by the
developer to modify the interior curbs along Park Center Blvd. He added that a provision
would be made in the developer’s contract to agree to accrue the cost of that portion of
the signal that would benefit their site in the future. It is something that needs to be
worked out with the property owner’s assistance and it is a matter of how it is financed.
Ms. McMonigal stated the intent would be to have a signal there at some point in the
future. The City Engineer is evaluating whether or not the signal would be necessary
immediately or not.
Commissioner Carper asked if the intersection were going to be constructed as if it would
handle a stop light.
Mr. Fulton stated if this is constructed as proposed, all of the conduit would be put in, the
appropriate pads would be poured, and engineering completed for the signal to be
installed. It is a Municipal State Aid street. It is in pretty rough condition and is
City Council Meeting of July 18, 2011 (Item No. 4h) Page 3
Subject: Planning Commission Meeting Minutes of April 6, 2011
proposed for reconstruction later this summer. The City Engineer is trying to balance all
of it and working on designs to allow the modifications to the curb.
David Gevers, Director of Development, E.J. Plesko and Associates, said they were
excited about the project and believed it was a great opportunity to provide another
addition to St. Louis Park and create a connection to Excelsior and Grand.
Bob Bistry, HOK Architects, presented a massing model of the project.
Commissioner Morris stated what Mr. Bistry was showing as part of the DORA was part
of the public space. It was not accessible solely to the residents He said he wouldn’t call
the nodes DORA. He said he didn’t see any DORA calculations on Park Center Blvd. or
on 36th St. Commissioner Morris said it appears that the DORA is on the east face and he
was not sure how much of that green space was accessible due to the slope.
Mr. Bistry noted the east face was a flat area. The berming was up to their property and
then it was a flat, usable lawn. He spoke about the terrace area, fitness area, and how it
transitions to the park.
Mr. Fulton indicated the DORA requirement decreased because the building size was
reduced by two stories. Staff looked at the 2005 approvals as part of the analysis and
added the roof deck. He said this would be verified before the request went to the City
Council.
Commissioner Morris commented that there was only one landscaping plan in his
material. He said he was concerned that 36th St. and the Park Center facings did not have
any connection from the sidewalk and street up into the complex. The first connection he
saw was at the drive entrance at the Park Center Blvd where the trail came in. He said he
didn’t see any pedestrian connectivity from where the sidewalk ended at the first parking
stall, everything else is parking lanes. He remarked there was no connectivity for the
pedestrian movement coming out of the main entry of the building.
Commissioner Morris asked about handicapped accessibility.
Mr. Bistry noted the location of the handicapped stalls which are connected to a walk,
which is the main entry into the building.
Commissioner Morris said people have to go into the parking lane and then travel across
the garage entrance as there was no sidewalk connectivity.
Commissioner Morris said if a resident wanted to go to Target, they would have to go
through the car lanes and into the driveway.
Mr. Bistry replied that was a great point and the kind of feedback they were looking for.
He pointed out a sidewalk at the main entry. Some of the later plans also show more
green space and another sitting area in the courtyard. He said they were committed to the
total amount of tree plantings and it would be at least the amount of the original approval.
Commissioner Morris commented that the tenth floor outdoor recreation area looks to be
perpetually in the shadows.
City Council Meeting of July 18, 2011 (Item No. 4h) Page 4
Subject: Planning Commission Meeting Minutes of April 6, 2011
Mr. Bistry said for most of the time this would be used, the sun angles would work
reasonably well. They have south exposure and the opportunity for the community room
to have views back to the City outweighed what it was going to be used for from a sun
standpoint.
Commissioner Carper asked if the walls adjacent to the 36th Street sidewalk had a square
edge wall of reasonable height. He said that the neighbor to the east is a skateboard park
and the walls may be actively used by the skateboarders.
Mr. Bistry said he appreciated the comment and would address it.
Chair Johnston-Madison opened the public hearing.
As no one was present wishing to speak, the Chair closed the public hearing.
Commissioner Robertson stated the project became better and better as it was tweaked.
He liked the lower scale and smaller profile. The architecture was well thought out.
Commissioner Carper said he was also very impressed with the project. They had done a
tremendous job and put a lot of consideration into how it fit in with the City.
Commissioner Morris agreed it was a good plan. He would like the developer to think
about some details. The general concept is great. The traffic issue was critical and
impacts a lot of the development around this proposed project. He wanted to see a
second look at DORA calculations and requested staff look at it again.
Commissioner Robertson made a motion to recommend approval of the major
amendment to the PUD, subject to conditions recommended by staff.
Commissioner Carper seconded the motion, and the motion passed on a vote of 5-0.
4. Other Business
A. Final Plat Eldridge First Addition
Location: 8849 Minnetonka Boulevard
Applicant: AKARE Companies, LLC (Rob Eldridge)
Case No.: 10-27-S
Adam Fulton, Planner, presented the staff report. The developer proposes to subdivide an
existing lot into five new lots and create a public street. The developer had decided to
dedicate some additional land to be added to neighboring yards. This came from an
initial discussion about a fence. The cul-de-sac design had been improved from the
original proposal. Roadway width had been reduced from 29 feet. The swale, as
originally proposed, would stay in the original location. He discussed the storm water
management, tree replacement and preservation.
Commissioner Morris asked about the construction schedule.
Mr. Fulton replied the developer indicated it would begin this summer.
City Council Meeting of July 18, 2011 (Item No. 4h) Page 5
Subject: Planning Commission Meeting Minutes of April 6, 2011
Commissioner Carper spoke about the existing trees and their maintenance by the
developer during the development process. He said once the homes were sold the new
homeowners had the individual decision on whether they wanted to maintain any type of
tree or other greenery on their property.
Mr. Fulton explained tree replacement regulations which include a cash escrow from the
developer, followed by City inspections after one full growing schedule. He said single
family homeowners have a lot of ability long term to make their own choices about
landscaping.
Commissioner Carper stated there would be no guarantee that the urban forest would
retain its continuity beyond the first sale.
Rob Eldridge, developer AKARE Custom Homes, stated he hoped they would have half
of the development finished by the end of 2011. He understood what Commissioner
Carper noted about the trees and said he couldn’t guarantee what the homeowners would
do in the future. He was maintaining the tree buffer that was already there. All of the
yards would be landscaped completely with sod and sprinkler systems and done so that
the homeowner would not want to disturb the yard.
Jeremy Gustafson, 3020 Cavell, thanked the developer for the outlot dedication as well as
the fence. He asked about the time line of the fence and if there would be a temporary
fence during construction. He asked if the easement between the fence and the roadway
would be the residents’ responsibility to maintain.
Mr. Fulton replied it would be part of the public right-of-way maintained by the City.
The natural drainage swale would be designed to be self-maintaining for the long term.
Mr. Gustafson was concerned about how it would look and maintained so it would not be
overgrown and full of debris from the roadway.
Mr. Fulton replied that would be addressed with the Public Works department.
Bill Streetar, 3010 Cavell, asked if the five feet are construed as an outlot.
Mr. Fulton responded yes, for purposes of the dedication. Following the dedication and
the plat it would be recorded to his property. The County would be responsible for that.
Commissioner Morris added that the legal description would be changed and it would be
one parcel with two legal descriptions.
Mr. Streetar asked about the height restriction for the fence.
Mr. Fulton replied the fence height was restricted to six feet.
Mr. Streetar asked if the developer was putting up the fence.
Mr. Eldridge noted it would be done before construction started on the homes.
City Council Meeting of July 18, 2011 (Item No. 4h) Page 6
Subject: Planning Commission Meeting Minutes of April 6, 2011
Mr. Streetar asked when the groundbreaking would occur.
Mr. Eldridge replied he didn’t have a date yet.
Mr. Streetar noted there had been a development in the area with a lot of construction
noise, traffic and work on weekends.
Mr. Eldridge replied that development was under a very limited time constraint and built
in 65 days. He said he did not like building homes like that. His intent was not to do
that. He said he couldn’t guarantee there wouldn’t be some weekend work.
Commissioner Johnston-Madison asked if something could be included in the conditions
about weekend construction hours.
Mr. Fulton said the ordinance allows weekend construction, with a more restrictive time.
Some conditions could be added to the approval.
Diane Harrison, 3021 Decatur, asked since the size of the street was being reduced would
it be no-parking after a specific time so emergency vehicles would have access?
Mr. Fulton indicated the Fire Marshal had reviewed this and parking will be restricted to
one-side at all times. There will be parking allowed on the west side, and there are other
fire protective measures that would be required by the Fire Marshall as part of the
construction, such as sprinklers in the houses.
Ms. Harrison asked about the utilities schedule as utilities will have to be redone for three
of the existing homes.
Mr. Eldridge responded he has spoken with Xcel, but he could not do any infrastructure
changes until he owned the 8849 Minnetonka Blvd. property.
Commissioner Robertson said he appreciated the improvements and changes made since
preliminary plat, commenting it would be a nice development.
Commissioner Morris made a motion to recommend approval of the Final Plat, subject to
conditions recommended by staff, with additional conditions pertaining to weekend
construction hours as discussed.
Commissioner Shapiro seconded the motion, and the motion passed on a vote of 5-0.
Ms. McMonigal stated that the developer and property owners worked really well
together. Mr. Fulton worked closely with the City Engineer and Fire Department on the
street. A great resolution was made on the outstanding issues and it is a good example of
how working together had made a better project.
5. Communications
Ms. McMonigal reminded Commissioners that the April 27th meeting had been cancelled.
City Council Meeting of July 18, 2011 (Item No. 4h) Page 7
Subject: Planning Commission Meeting Minutes of April 6, 2011
Freight Rail Listening Sessions for the community will be held by the City Council on
April 27th and 28th at the Junior High.
6. Adjournment
The meeting was adjourned 7:23 p.m.
Respectfully submitted,
Amy Stegora-Peterson
Recording Secretary
Meeting Date: July 18, 2011
Agenda Item #: 4i
OFFICIAL MINUTES
PLANNING COMMISSION STUDY SESSION
ST. LOUIS PARK, MINNESOTA
June 15, 2011 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Andrew Ford, Claudia Johnston-Madison, Dennis
Morris, Richard Person, Carl Robertson, Larry Shapiro
MEMBERS ABSENT: Robert Kramer
STAFF PRESENT: Meg McMonigal, Gary Morrison
OTHERS PRESENT: Anne Laurence, Cavalia
Darryle Henry, Duke Realty
1. Cavalia and Temporary Use Ordinance Amendment
Staff spoke about Cavalia’s interest in bringing its production to the vacant site at the
West End for approximately six weeks in September through mid-November.
Anne Laurence, Cavalia, presented a video about the show.
Staff discussed the existing Temporary Uses zoning provisions relating to carnivals,
festivals and promotional events. Staff spoke about the proposed zoning ordinance
amendment which would allow the City Council to approve events longer than 14 days
subject to specific conditions.
Commissioner Carper asked about other cities. He asked about keeping horses on the
site.
Commissioner Person discussed preparation of the site and recycling.
Commissioner Carper asked about restoration of the site.
Commissioner Morris noted concerns related to West End business people.
Commissioner Robertson asked about food and drink. He was told there would be
concessions with hot dogs, ice cream, beverages, candy, and alcohol.
Commissioner Morris asked about food on the site. There will be two kitchens on site.
2. Zoning Ordinance Update – Variances
Staff reviewed State law revisions pertaining to variances, effective May 6, 2011.
Commissioner Robertson asked about signs.
City Council Meeting of July 18, 2011 (Item No. 4i) Page 2
Subject: Planning Commission Meeting Minutes of June 15, 2011
3. Other Updates
McMonigal gave brief updates on freight rail studies, Beltline LRT Station Development
Area – Stormwater Planning, Fire Stations construction, and Wooddale Point.
4. Other
McMonigal noted that two public hearings will be held at the July 6th Planning
Commission meeting. Commissioners Morris, Johnston-Madison, Robertson, and Person
said they would be in attendance. Commissioners Kramer and Shapiro will be absent on
July 6th.
5. Adjourn
The meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
Meeting Date: July 18, 2011
Agenda Item #: 4j
MINUTES
St. Louis Park Housing Authority
City Hall – Westwood Room
Wednesday, June 8, 2011
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Renee DuFour, Trinicia Hill,
Justin Kaufman
Commissioner Hill left the meeting at 5:40 p.m.
MEMBERS ABSENT: Commissioner Suzanne Metzger
STAFF PRESENT: Jane Klesk, Michele Schnitker
1. Call to Order
The meeting was called to order at 5:04 p.m.
2. Approval of Minutes for May, 2011
The Board minutes of May 11, 2011 were unanimously approved.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. TRAILS Contract Extension to July 31, 2011, Eighth Amendment
Ms. Schnitker stated that since the HA has been verbally notified that it did not
secure the Housing Choice Voucher FSS grant for Federal Fiscal Year (grant
awards from January 1 through December 31, 2011), the FSS coordinator position
was reduced from a .6 FTE to a .4 FTE position effective May 1, 2011. This staff
reduction allows the HA to fund the program through July, 2011 with current
resources, however the current contract with Resource, Inc. expires June 30th. A
one-month extension of the contract from July 1 to July 31, 2011 will provide
time for the HA to develop a transition plan. Commissioner Kaufman moved to
approve the Eighth Amendment to the Agreement between the Housing Authority
of St. Louis Park and Resource, Inc. (Employment Action Center).
Commissioner DuFour seconded the motion, and the motion passed 4-0.
City Council Meeting of July 18, 2011 (Item No. 4j) Page 2
Subject: Housing Authority Minutes of June 8, 2011
b. Approval to Amend the Housing Choice Voucher Program Administrative Plan,
Resolution No. 605 and the Public Housing Admissions and Continued
Occupancy, Resolution No. 606: Establish a $50 Minimum Rent
Ms. Schnitker explained that in May the Board had approved the establishment of
a $50 minimum rent for Public Housing and Section 8 participants, and requested
that the Board approve amendments to both the Housing Choice Voucher
Administrative Plan and the Public Housing Admissions and Continued
Occupancy Policy, incorporating language in accordance with HUD’s rules and
regulations to implement the $50 minimum rent and application of the financial
hardship exemption. Commissioner Kaufman moved to approve Resolution No.
605, amendment to Chapter 6-Part III of the Housing Choice Voucher
Administrative Plan, and Resolution No. 606, Amendment to Chapter 6-Part III of
the Public Housing Admissions and Continued Occupancy Policy. Commissioner
DuFour seconded the motion, and the motion passed 3-0.
7. Communications from Executive Director
a. Claims List – June, 2011
b. Communications
1. Monthly Report – June, 2011
2. Louisiana Court Update – Verbal Report
3. Draft Financial Statements – May, 2011
8. Other
Commissioner Courtney requested that staff conduct research to determine if the HA has
statutory authority to indemnify in our contracts with vendors.
9. Adjournment
Commissioner Kaufman moved to adjourn the meeting, and Commissioner DuFour
seconded the motion. The motion passed 3-0. The meeting adjourned at 5:53 p.m.
Respectfully submitted,
_________________________
Renee DuFour, Secretary
Meeting Date: July 18, 2011
Agenda Item #: 6a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing at 4848 W. 35th St.
RECOMMENDED ACTION:
Mayor to close public hearing. Motion to approve application from Steel Toe Brewing LLC
located at 4848 W. 35th St. for a Brewer Off-Sale Malt Liquor License with the license term
through March 1, 2012.
POLICY CONSIDERATION:
Does the Council wish to approve the brewery off-sale malt liquor license for Steel Toe
Brewing?
BACKGROUND:
The City received an application from Steel Toe Brewing for a brewery off-sale malt liquor
license. Jason Schoneman, a St. Louis Park resident, is owner of the state licensed small craft
brewery located at 4848 W. 35th St. in St. Louis Park. The premise consists of approximately
6,127 sq. ft. which includes warehouse space of 5,139 sq. ft. and office/sales space of 988 sq. ft.
Mr. Schoneman is interested in selling malt liquor at the brewery for off-site consumption
similar to Granite City Brewpub.
Brewery manufacturers and wholesaler licensing is handled, issued, and regulated by the State of
Minnesota Commissioner of Public Safety in addition to meeting Federal government guidelines.
Breweries are allowed to locate in the City’s industrial zoning districts and must meet local
standards and waste discharge rules of the Metropolitan Council and Pollution Control Agency.
A brewery in Minnesota must also meet all State Construction Codes comparable to all buildings
and uses in addition to requirements of the Minnesota Department of Agriculture.
Minnesota law allows off-sales of malt liquor packaged in 64 ounce containers commonly
known as “growlers” and 750 milliliter bottles by breweries producing 3,500 barrels or less and
only 500 of those barrels can be sold directly to the public from the brewery. Steel Toe
Brewery’s annual craft beer production is expected to be between 1,000-2,000 barrels.
Steel Toe Brewing has been approved by the State Commissioner of Public Safety to sell off-sale
malt liquor but must also be approved by the City. On July 19, 2010 the Council adopted
Ordinance No. 2388-10 (attached) allowing an off-sale malt liquor license to a brewer as allowed
by state law and subject to conditions similar to a brewpub off-sale malt liquor license.
The Police Department has conducted a full investigation and has found nothing in the course of
their investigation that would warrant denial of the licenses. The application and Police report
are on file in the Office of the City Clerk should Council members wish to review the
information prior to the public hearing. The required public hearing legal notice was published
in the Sun Sailor Newspaper on July 7, 2011.
City Council Meeting of July 18, 2011 (Item No. 6a) Page 2
Subject: Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing
Should the Council approve the liquor license this evening, no actual license will be issued to the
applicant until all the required compliance is met with the City and State Inspections
Departments. The applicant is aware of the delay in opening due to the State shutdown.
FINANCIAL OR BUDGET CONSIDERATION:
The investigation fee for a new applicant $500.00. The yearly license fee is $200 for a brewer
off-sale malt liquor license (pro-rated).
VISION CONSIDERATION:
Not applicable.
Attachments: Steel Toe Brewery Location Map
Steel Toe Brewery Floor Plan
Ordinance No. 2388-10
Prepared by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
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Steel Toe Brewery
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City Council Meeting of July 18, 2011 (Item No. 6a)
Subject: Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing Page 3
City Council Meeting of July 18, 2011 (Item No. 6a)
Subject: Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing Page 4
City Council Meeting of July 18, 2011 (Item No. 6a)
Subject: Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing Page 5
City Council Meeting of July 18, 2011 (Item No. 6a)
Subject: Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing Page 6
City Council Meeting of July 18, 2011 (Item No. 6a)
Subject: Public Hearing – Brewer Off-Sale Malt Liquor License - Steel Toe Brewing Page 7
Meeting Date: July 18, 2011
Agenda Item #: 8a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
2011 Public Safety Dispatch Local 220 Labor Agreement.
RECOMMENDED ACTION:
Motion to adopt the attached Resolution approving a Labor Agreement between the City and the
Public Safety Dispatchers Local 220, establishing terms and conditions of employment for one
year, from 1/1/11 – 12/31/11.
POLICY CONSIDERATION:
Does Council wish to approve the Labor Agreement between the City and the Local #220
Dispatch Union?
BACKGROUND:
Staff is pleased to bring to Council the details of this contract agreement between the City and
Union for 2011. This is the last open contract for 2011.
The City and the Local 220 Union have come to agreement on the following changes to the
contract:
Duration of 1 year (1/1/11 – 12/31/11).
Wage increase of 0% for 2011 (consistent with non-union and other settled groups).
Employer contribution for health insurance consistent with other groups for 2011 at
$815 per month. If electing the high deductible health plan, the employer
contribution is set at $606.66 for premiums and $208.34 for VEBA contribution
(consistent with other groups).
Lump Sum Payment: A lump sum payment will be made to each Union member in
2011 in the amount of $260 (split into two paychecks in August).
o COMMENT: Our Police and Sergeant Unions agreed to a Deferred
Compensation contribution of $10 per pay period ($260/year). A similar
program was offered to this group. The Union chose to instead receive that
contribution as a lump sum payment.
New language was added to the employees’ funeral leave banks, allowing leave to be
used in accordance with the City’s new ordinance for registered domestic partners.
Staff is pleased with this agreement and recommends approval. The proposed contract is on file
with the City Clerk. More detail is available upon request.
FINANCIAL OR BUDGET CONSIDERATION:
Funds for this settlement are in the 2011 budget.
City Council Meeting of July 18, 2011 (Item No. 8a) Page 2
Subject: 2011 Public Safety Dispatch Local 220 Labor Agreement
VISION CONSIDERATION:
Not directly applicable.
Attachments: Resolution
Prepared by: Ali Fosse, HR Coordinator
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 8a) Page 3
Subject: 2011 Public Safety Dispatch Local 220 Labor Agreement
RESOLUTION NO. 11-____
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN THE CITY OF ST. LOUIS PARK
AND PUBLIC SAFETY DISPATCHERS LOCAL #220
JANUARY 1, 2011 – DECEMBER 31, 2011
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park that the Mayor and City Manager are authorized to execute a Collective Bargaining
Agreement, City Contract #______ between the City of St. Louis Park and the Public Safety
Dispatchers Local 220, effective January 1 – December 31, 2011.
Reviewed for Administration: Adopted by the City Council July 18, 2011
City Manager Mayor
Attest:
City Clerk
Meeting Date: July 18, 2011
Agenda Item #: 8b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Zoning Ordinance Amendment for Temporary Uses – 2nd Reading.
RECOMMENDED ACTION:
Motion to waive second reading and adopt the ordinance allowing special events such as
carnivals and festivals to operate for more than 14 days in a calendar year with City Council
approval, and approve the summary ordinance for publication also contained in the agenda
materials.
POLICY CONSIDERATION:
Does the City Council agree with the ordinance change to allow special events to extend beyond
14 days with conditions and City Council approval?
BACKGROUND:
Current Ordinance:
The existing section of the ordinance titled “Carnivals, festivals and promotional events” allows
events to operate for up to 14 days per calendar year. The event is approved administratively,
and may require additional permits for tents, food and other uses as needed.
Proposed Ordinance:
The purpose of the proposed amendment is to:
1. Allow the City Council to approve events that will last more than 14 days in a calendar
year.
2. List the conditions that must be met for an event of more than 14 days to be approved by
the City Council.
3. Allow the City Council to approve a temporary sign plan that varies from the temporary
signage regulations found in the sign code.
4. Clarify the definition of Carnivals and Festivals by removing “promotional events.”
Promotional events, such as extended or seasonal sales conducted by private businesses,
are allowed under a separate provision of the city code called “Temporary outdoor sales.”
Application Fee:
An application for an event to extend beyond 14 days would require additional review by city
staff and the City Council. To cover the expenses for City Council review, staff is proposing a
new fee for the application in the amount of $1,000.
City Council Action – 1st Reading:
At the first reading, the City Council directed staff to add language to the ordinance that defines
parameters by which temporary signage may be allowed. City staff reviewed the proposed
ordinance, and amended the proposal to establish parameters in which the City Council may
authorize temporary signage beyond the limitations established in the zoning ordinance. The
City Council Meeting of July 18, 2011 (Item No. 8b) Page 2
Subject: Zoning Ordinance Amendment for Temporary Uses – 2nd Reading
draft ordinance was also reviewed by the City Attorney. The parameters are summarized as
follows:
1. To allow temporary signage to be displayed for the duration of the event. This would allow
the signs to be displayed from the date the event starts to when it is concluded.
2. Place limits on how much additional signage can be displayed on the site. Under the
proposal, most events would get twice what they are otherwise allowed. The zoning
ordinance allows up to 80 square feet. The proposed amendment would allow up to 160
square feet. Very large events such as Cavalia would be allowed to exceed 160 square feet
and a maximum is not proposed. This leaves flexibility in meeting the signage needs for the
largest events. In this case, staff would work with the event to establish a reasonable amount
of signage and make a recommendation to the City Council. The City Council would have
final authority to determine the amount to be allowed.
3. Define parameters in which private directional signage may be displayed in other areas of the
city, including in the public right-of-way. “Private Directional Signage” is already defined in
the zoning ordinance as being for traffic directional and safety purposes only, and cannot be
used for advertising. So content such as phone numbers, websites or other promotional
information is not allowed. Per the zoning ordinance, private directional signage is allowed
on private property only. The proposed amendment would allow it to be located in the public
right-of-way and on other private property as long as each sign is less than two square feet,
and directs traffic to and from the closest highways and away from residential and other
sensitive land uses.
Recommendation:
Approval of the attached Zoning Ordinance Amendment to allow special events such as
carnivals and festivals to operate for more than 14 days in a calendar year with City Council
approval, and approve the summary ordinance for publication also contained in the agenda
materials.
FINANCIAL OR BUDGET CONSIDERATION:
An application fee would cover staff and City Council time required to review the application.
Expenses above and beyond standard review can also be recovered from the applicant as a part
of approving the application or as a part of processing required permits or licenses for the event.
VISION CONSIDERATION:
St. Louis Park is committed to promoting arts and culture and building community. Extending
special events in excess of 14 days, when appropriate, will meet this goal.
Attachments: Zoning Ordinance Amendment for Temporary Uses
Summary Ordinance
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 8b) Page 3
Subject: Zoning Ordinance Amendment for Temporary Uses – 2nd Reading
ORDINANCE NO.____-11
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-82 and 36-142
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 11-14-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-82 and 36-142 are hereby
amended by deleting stricken language and adding underscored language. Section breaks are
represented by ***.
Section 36-82 Temporary uses.
***
(b) Authorized temporary uses. A structure or land in any use district may be used for one
or more of the following temporary uses if the use complies with the conditions stated in this
chapter:
***
(4) Carnivals, and festivals and promotional events.
a. Carnivals, and festivals, and promotional events, including community art fairs,
shall not be permitted for more than 14 days in any calendar year except in public
parks or closed right-of-way as approved by the city or as specified by PUD
approval. The City Council may approve events lasting more than 14 days at any
other location with the following conditions:
1. Approval of a site plan showing compliance with city code;
2. Approval of a public safety plan, including traffic control, fire protection and
security of the site and area;
3. Approval of a clean up and restoration plan;
4. Other conditions to address the public health, safety, welfare and community
impacts from the use, including any sound and vibration impacts to
surrounding properties;
5. A financial guarantee, in an amount determined by the Zoning Administrator
or City Council, may be required to ensure compliance with and/or
completion of the approved plans;
6. Payment of all required application fees.
b. Carnivals, and festivals, and promotional events shall be permitted within the
required the front yard, side yard, andor rear yard; except where prohibited under
City Council Meeting of July 18, 2011 (Item No. 8b) Page 4
Subject: Zoning Ordinance Amendment for Temporary Uses – 2nd Reading
section 36-76. Carnivals,and festivals, and promotional events shall not be
allowed within the public right-of-way unless such right-of-way will be closed for
the event as approved by the city.
c. All signage must meet the temporary signage provisions found in Section 36-
362(h)(3).; a sign plan for carnivals and festivals lasting longer than 14 days may
vary from the temporary signage provisions if approved by the City Council.
Exceptions to the temporary sign ordinance shall be limited to allowing:
1. Temporary signs to be displayed for the duration of the event.
2. Up to twice the temporary sign area on the site than otherwise allowed. More
than twice the temporary sign area may be approved for sites larger than
200,000 square feet.
3. Private directional signage provided the signs are unlit, for directional
purposes only, are 2 square feet per sign face or less, and are located to direct
traffic to and from the location and the closest highways and away from
residential and other sensitive land use areas.
***
Section 36-142. Descriptions.
***
(g) Temporary uses. The following are typical of the temporary uses referred to in this chapter:
***
(4) Carnivals, and festivals and promotional events means Carnivals, festivals, community
art fairs, and other activities that include uses such as tents and stands used for
entertainment, amusement rides, and/or display and the sale of food and merchandise.,
and amusement rides permitted for a period not exceeding 14 days. This use shall not
include sales or promotional events offered by businesses with the intent of selling
product or services identical or similar to those typically sold or conducted on the lot.
***
APPENDIX A – 2011 FEE SCHEDULE
***
COMMUNITY DEVELOPMENT DEPARTMENT
Subdivisions/Replats
Preliminary Plat $500 plus $50 per lot
Final Plat $300
Combined Process and Replats $750 plus $25 per lot
Exempt and Administrative Subdivisions $300
Temporary Use
Carnival & Festival over 14 days $1,000
Tree Replacement
Cash in lieu of replacement trees $115 per caliper inch
City Council Meeting of July 18, 2011 (Item No. 8b) Page 5
Subject: Zoning Ordinance Amendment for Temporary Uses – 2nd Reading
Sec. 3. The contents of Planning Case File 11-14-ZA are hereby entered into and made
part of the public hearing record and the record of decision for this case.
Sec. 4. This Ordinance shall take effect fifteen days after its publication.
Public Hearing July 6, 2011
First Reading July 11, 2011
Second Reading July 18, 2011
Date of Publication July 28, 2011
Date Ordinance takes effect August 12, 2011
Adopted by the City Council
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
City Council Meeting of July 18, 2011 (Item No. 8b) Page 6
Subject: Zoning Ordinance Amendment for Temporary Uses – 2nd Reading
SUMMARY
ORDINANCE NO.___-11
AN ORDINANCE AMENDING SECTIONS 36-82 AND 36-142
TEMPORARY USES
This ordinance states special events such as carnivals and festivals may operate for more than 14
days in a calendar year with conditions and City Council approval.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council July 18, 2011
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: July 28, 2011
Meeting Date: July 18, 2011
Agenda Item #: 8c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Cavalia Temporary Use Permit.
RECOMMENDED ACTION:
Motion to adopt a Resolution approving a Temporary Use Permit for Cavalia to operate at 1511
Utica Avenue South.
POLICY CONSIDERATION:
Does the City Council wish to approve a temporary use permit for Cavalia to operate from
August 19, 2011 to November 18, 2011?
BACKGROUND:
Cavalia is a show performed under a 100 foot tall tent. It features 50 horses and 40 riders,
acrobats, aerialists and dancers that perform with the horses and a live band. Additional
information about Cavalia is attached to the report for your convenience.
Preparation of the site would begin August 19, 2011. The show would be concluded and
removed from the site by November 18, 2011.
Temporary Use Permit:
Temporary uses such as carnivals, festivals and shows like Cavalia are allowed as a temporary
use. Temporary uses are currently allowed for up to 14 days per calendar year on a property
with administrative approval, Cavalia, however, would like to operate for up to seven weeks.
As a result of Cavalia’s request, the city is in the process of amending its Zoning Ordinance to
allow events more than 14 days with City Council approval. The first reading of the ordinance
was heard by the City Council on July 11th, and was approved to go to the second reading with
language added addressing sign plan requirements. The 2nd reading is on July 18th. The Cavalia
temporary use permit request has been reviewed based on the language of the amendment to the
zoning ordinance. The new ordinance requires plans showing how the event will satisfy concerns
related to safety, traffic, public health and welfare and signage. Exhibits explaining how Cavalia
will meet the proposed conditions are attached to this report and summarized below.
Show Details:
The maximum attendance for any show is 2,000 people. The first show (Premiere night) is
scheduled for Wednesday, September 21. The last show is scheduled for October 23rd, but if
demand exists, additional shows could be added up November 6th at the latest.
Shows are scheduled for 8pm on Tuesdays through Fridays, 3 pm and 8 pm on Saturdays, and
2pm on Sundays. There will not be any shows on Mondays. The show lasts two and a half
hours. The VIP and concessions tents open one and a half hours prior to the show start time.
City Council Meeting of July 18, 2011 (Item No. 8c) Page 2
Subject: Cavalia Temporary Use Permit
Site Plan:
Tents:
The event will utilize seven tents. The show will be performed in the main tent, which is 100
feet tall and seats 2,000 people. Two other tents are open to the public for concessions and VIP
entertaining. The remaining tents are utilized for supporting roles such as a staff kitchen, warm
up prior to the show and paddocks. These tents are off-limits to the public, except for VIP tours
of the paddocks.
Parking:
Cavalia anticipates a need to park between 600 to 800 vehicles per show. Parking for 600
vehicles will be provided on site. There is an additional 1,900 parking spaces in the Duke office
building parking ramp, which is typically empty during the times the shows are proposed. An
additional 1,000 spaces are also available in the West End parking ramp next to the theatre and
500 spaces in the underground parking ramp below the retail spaces in West End.
Traffic:
Visitors will access the site from Park Place Blvd. Signage will direct them to the Cavalia
parking lot by way of Wayzata Blvd and Gamble Drive. The entrance to, and exit from the
Cavalia parking lot is located on Utica Ave. Likewise, visitors will exit the Cavalia parking lot,
and be directed to Park Place Blvd by way of Wayzata Blvd and Gamble Street. 16th Street,
however, will remain open so some visitors may choose to take that street as an alternative.
Traffic will not be directed to enter or exit the site from the east. Personnel and barricades will
be provided by Cavalia to direct traffic as required.
Setup and Clean-up:
Setup of the site would begin the third week of August, and the site would be removed and
restored to its original condition within a week after the conclusion of the last show.
Approximately 390 cubic yards of gravel will be delivered to the site, and graded to create a flat
surface for the tents. A Conditional Use Permit (CUP) for grading and fill is required when 400
cubic yards is involved, so a CUP is not required for this activity. Most of the material will be
removed from the site as part of the clean-up. A small portion will remain on-site in a stock pile
for future use when the site is redeveloped.
All connections to city stormwater, municipal water and sanitary sewer will be performed to
code and inspected by city staff. All connections will be cleaned and properly sealed at the
conclusion of the event, again, inspected by city staff.
Per contractual obligations with Duke, Cavalia will return the site to previous conditions and
remove all trash. The city will inspect the site upon completion and notify Cavalia and Duke of
any outstanding items. Duke, as the property owner, will ultimately be held responsible for the
condition of the property and all utility hook-ups at the conclusion of the event.
Waste Removal:
All waste will be removed by a local hauler on a weekly basis. Horse waste will be stored in a
sealed container that will be removed from the site and replaced with a clean container daily.
City Council Meeting of July 18, 2011 (Item No. 8c) Page 3
Subject: Cavalia Temporary Use Permit
The photograph above shows the screening to be used on the perimeter fences, the rubber mats
to be used in the pedestrian areas, the gravel surface, and the lights located on top of the tents.
Lighting
Lighting will consist of downward cast box-style lights located on the tops of the tents. The
lights will illuminate the outside of the tents, and provide lighting for all pedestrian and work
areas. The lights on the tents will remain on all night for security purposes. All other lights will
be turned off at 11pm. The impact of the lighting on residential areas will be minimized by the
distance, the positioning of the lights so that they are down cast, and the existing highway
lighting.
The big top is located approximately 900 feet from residential to the north, which is located in
Golden Valley, and 1,000 feet from residential to the east, which is also in Golden Valley. The
closest residential in St. Louis Park is on Princeton Ave S, which is approximately 1,200 feet
from the big top. All of these residential areas are on the opposite side of Highway 394 and 100.
Otherwise, the closest residential areas not separated from Cavalia by the highways would be the
Blackstone Neighborhood, which is approximately 2,800 feet away. The West End, Costco and
Home Depot retail areas are located between the Blackstone neighborhood and the proposed
Cavalia site.
Pedestrian areas:
Pedestrian walking areas will kept dry and free of trip hazards by utilizing plywood, rubber mats
and existing asphalt. An example of the rubber mats is provided in the photo above.
Signage:
There will be a sign located on the site that is approximately 40 square feet welcoming visitors to
the show. Additional signage will be incorporated into the screening located around the
perimeter of the site. Most of the screening will consist of visual images of the show, which is
not considered signage, however, the Cavalia name will be interspersed throughout the
screening. Sample photographs of the screening are included in the photo above and the sign
plan.
City Council Meeting of July 18, 2011 (Item No. 8c) Page 4
Subject: Cavalia Temporary Use Permit
The sign plan proposes to display small directory signs at key corners directing traffic to the site.
Additionally, signs will be placed directing visitors to Hwy 100 and 394 upon exiting the site.
Each directional sign is less than two square feet. They are intended to direct traffic only, not to
advertise the event. A copy of the plan is included in the exhibits.
Security:
The site will be secured with a perimeter fence designed to not only provide security for the area,
but also to guide pedestrians and vehicles to the proper entrances. The fence will be chain link
overlaid with a decorative mesh to improve the appearance and privacy.
Cooperation with the City of Golden Valley:
The eastern one third of the site is located in the City of Golden Valley. Therefore, Cavalia has
to work with both St. Louis Park and Golden Valley for permitting, safety and other reviews.
In order to facilitate an efficient and timely review process, the staff and legal counsel from St.
Louis Park and Golden Valley developed a joint powers agreement authorizing the City of St.
Louis Park to conduct all inspections and licenses for all activities occurring in both cities. The
agreement will be considered by the St. Louis Park City Council on July 18, 2011 and the
Golden Valley City Council on July 19, 2011.
The staff of St. Louis Park and Golden Valley has been working cooperatively since the show
was first proposed. There have been numerous joint meetings to discuss details of the operation
and all application materials and correspondences have been shared. We will continue to meet as
needed and share materials and correspondence as necessary. St. Louis Park staff will also work
with Golden Valley staff and Cavalia to work out any issues that may arise during the weeks the
show is operating.
FINANCIAL OR BUDGET CONSIDERATION:
An application fee will cover staff and City Council time required to review the specific
application. Expenses above and beyond this standard review will be recovered from the
applicant as a part of issuing required licenses, permits etc.
VISION CONSIDERATION:
St. Louis Park is committed to promoting arts and culture and building community. Cavalia is an
opportunity to host a world class event in St. Louis Park.
Attachments: Resolution
Letter from Cavalia USA, Inc. to the St. Louis Park City Council.
Site Plan
Traffic Plan
Sign Plan
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 8c) Page 5
Subject: Cavalia Temporary Use Permit
RESOLUTION NO. 11-____
RESOLUTION APPROVING CAVALIA’S
APPLICATION FOR TEMPORARY USE PERMIT TO OPERATE AT
1511 UTICA AVENUE SOUTH
WHEREAS, Cavalia has made application for a temporary use permit for Cavalia to
operate from September 21, 2011 to November 6, 2011 at 1511 Utica Avenue South, and
WHEREAS, Duke Realty, property owner, has entered into an agreement to allow
Cavalia USA, Inc. to conduct the event on property they own.
WHEREAS, pursuant to Sections 36-82 of the St. Louis Park Zoning Ordinance, the
City Council may approve, with conditions, certain temporary uses lasting more than 14 days;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the City Council approves Cavalia’s application for a temporary use permit
to operate an equestrian performing arts show at 1511 Utica Avenue South based on the findings
set forth above and subject to the following conditions:
1. Setup of the site will begin after August 19, 2011.
2. The site will be utilized according to the approved site plan, attached as Exhibit A.
3. The site will be open to the public Monday through Friday from 6pm to 11:30 pm, Saturday
from 1 pm to 11:30 pm, and Sunday from 12 noon to 7 pm.
4. Within one week following the conclusion of the last show:
a. All materials and equipment will be removed from the site.
b. The site will be cleaned and restored to the same or better condition that existed prior to
the event, all trash, junk, and parking lot demolition materials shall be removed form the
site.
c. Excess clean fill may remain on the site if it is graded to a finished grade, or stock piled
for future use in a location and manner approved by city staff to prevent erosion, dust and
visibility concerns.
d. All utility connections will be sealed as required by city staff.
e. All non-paved areas will be sodded or seeded with perennial turf grasses or other
vegetation approved by the city.
f. All temporary signage shall be removed.
5. Traffic will be managed according to the approved traffic plan. Traffic will be routed to and
from Park Place Blvd. Steps will be taken, as required by staff, to prevent traffic from using
residential streets to the east of the site. Cavalia is to implement any other steps to manage
traffic anywhere in the area that may be required by staff at anytime throughout the event.
6. Noise and light shall comply with city code.
City Council Meeting of July 18, 2011 (Item No. 8c) Page 6
Subject: Cavalia Temporary Use Permit
7. Temporary signs are allowed in the public right-of-way and off-site in accordance to the sign
plan, attached as Exhibit B.
Reviewed for Administration: Adopted by the City Council July 18, 2011
City Manager Mayor
Attest:
City Clerk
City Council Meeting of July 18, 2011 (Item No. 8c)
Subject: Cavalia Temporary Use Permit Page 7
CAVALIA At West End
What is Cavalia?
Since the fall of 2003 Cavalia has been touring major cities in North American and Europe,
taking the public and critics by storm. Cavalia is a show unlike any other created to date, a
unique combination of equestrian arts, multimedia, dance and acrobatics; a moving and
spectacular tribute to the relationship between humans and horses.
From the very beginning, Cavalia has enjoyed sold-out, extended runs in every city it has
visited, from Montreal to Los Angeles or Las Vegas to Lisbon. Cav alia is the brainchild of
Normand Latourelle who has helped build Québec’s famous Cirque du Soleil.
The show features 50 magnificent horses, representing over 10 different breeds. Some forty
human performers -- riders, acrobats, aerialists, dancers -- share the stage with the horses,
while a live band adds to the aura and the mystique.
Cavalia is presented under the largest touring big top in the world, a totally white structure rising
over 100 feet above the ground. The bleachers are set arena-style, facing an enormous 160-
foot wide stage, which allows the horses enough space to gallop and play with the artists, at
times completely free.
The maximum capacity is 2000 seats in the Big Top. We can also set the bleachers with less
seats depending on ticket sales.
Set up, show and teardown schedules:
Set up of the Big Top: Third week of August
Set up: From September 7th to September 20th
(All other tents and equipment will be set up)
Show schedule:
Premiere night: September 21st (There will be no show on the 22nd)
Monday No show
Tuesday to Friday 8pm show (Tents open at 6h30pm)
Saturday 3pm show (Tents open at 1h30pm)
8pm show (Tents open at 6h30pm)
Sunday 2pm show (Tents open at 12h30pm)
5 to 7 weeks of show depending on the tickets sales.
Earliest ending date: Sunday October 23rd
Latest ending date: November 6th
The tear down will take a week after the last show.
The show lasts 2 hours and a half, including a 30 minute intermission. The Rendez-vous tent
opens its doors 1 hour and a half before the show and Concessions tent opens its doors 1 hour
and 15 minutes before the show. The Big Top (show tent) opens its doors 45 minutes before the
beginning of the show.
The Rendez-vous package includes free hors-d’oeuvres, free drinks, the best seats in the house
and a stables visit after the show. Typically these attendees will arrive an hour before the show
and will leave 30 minutes after the show.
The General admission attendees have access to the Concessions tent where snacks, drinks
and souvenirs are for sale. Typically these attendees will arrive 30 minutes before the show and
will leave right after it.
City Council Meeting of July 18, 2011 (Item No. 8c)
Subject: Cavalia Temporary Use Permit Page 8
Operational details
TENTS & SEATS:
We will submit engineering plans for all tents and seats for permitting purposes. These plans will
be stamped and sealed by an engineer licensed in the state of Minnesota. We will submit the
fire retardancy certificate for the tent material which conforms to NFPA 701.
WASTE DISPOSAL:
Garbage, construction waste, recycling and manure will be taken care of by a local supplier. We
have 2 large garbage dumpsters that are emptied once a week or more often if needed. We also
have a large recycling dumpster on site and smaller cardboard bins in every tent for the
attendees. The large container is being emptied once a week. Our manure dumpster is being
sent away every day to insure that the site stays clean and that it does not smell.
NOISE & LIGHTS IMPACT:
Our site is surrounded by commercial and industrial building. The sound will not be able to reach
the neighborhood surrounding the junction of HWY100 and I-394. Our show has soft music;
guitar, piano and cello. In addition there are 2 walls to block sound on the east side of Hwy 100.
Our lights at the top of the Big Top will not disturb the neighborhoods surrounding the site, since
the highway 100 is elevated and will block these lights. The smaller tents have lights on top to
light up the site for security and safety purposes of the clients, crew members and horses.
TEMPORARY SIGNAGE & TRAFFIC:
The site will be accessed mainly from I-394, in order to avoid any increase of traffic in the
Golden Valley residential neighborhoods. We will place signage along the streets in West End to
direct the vehicules as they come to the show (please refer to signage map). We will also put
clear directions on our website and give clear directions at the call center.
HORSES CARE:
Our horses are regulated by the USDA. They are staying on site. We have a large stables tent
that contains the 50 stalls we need to house our horses. We also have a warm up tent, in order
for the riders to train their horses indoor. We will also build an outdoor area for them. Our horses
are the stars of our show, therefor they are treated extremely well. We have on staff a veterinary
technician, a farrier and a team of 20 grooms assigned to their care. If needed we will be in
contact with a local veterinarian.
EMERGENCY SITUATION:
We have in place an emergency plan which contains the procedures to follow if we need to
evacuate the site. All permanent crew and local staff are trained regularly to be able to apply
these procedures if needed.
SITE APPEARANCE & MATERIAL:
The site will be fenced in order to keep it secured. We will install decorative mesh on all fences
to keep it private. Our parking staff will clean the parking areas every night to make sure there is
no garbage on the ground.
We will need to bring material to level the site where needed. It will be done before any tents are
going up. The site will be restored to its original state after we leave to meet our contractual
obligations with Duke Realty. All equipment, trailers and trash will be removed from the site one
week after the date of the last show. Duke Realty will keep a small amount of non-contaminated
material for their future road construction project. Material will be left on site either stock piled or
laid down depending on Duke Realty’s requests.
All these options will be done with respect to the city’s wishes to not create any dust or erosion
issues. All the storm water, sanitary and city water utilities will be cleaned and restored to
previous condition, and other details such as silt collection devices placed in the storm water
inlets will be removed.
City Council Meeting of July 18, 2011 (Item No. 8c)
Subject: Cavalia Temporary Use Permit Page 9
PARKING:
All attendees will be able to park on site. We have approximately 322 000 square feet that could
contain approximately 600 cars. In addition to these places, attendees will be able to park for
free in the parking facilities of the adjacent offices that can accommodate a couple of thousand
cars. Since the local transport is not really relevant for this area, we are able to estimate the
number of cars in between 600 and 800 cars, which will give us plenty of space. We will have a
team of 10 to 15 parking attendants that will control the traffic flow in the parking lot and will
insure that cars park in marked stalls to insure ordery operation.
PEDESTRIAN ACCESS & TRAFFIC CONTROL:
The public will have pedestrian areas from Utica Avenue to reach the main entrance of the tents
and the Box Office (please refer to the site plan). The walkways will etiher be on plywood,
rubbermats or asphalts, free from any trip hazards.
With regards to the traffic control, there will not be any extraordinary measure in place for the
arrival at the show. Attendees do not arrive together, but over a period of one hour and a half
before the show to 5 minutes after the show, therefor the direction of the line on Utica Avenue
and 16th street will be kept as normal.
With regards to the traffic coming out of show between 10:30pm and 11:30pm, we will put in
place the following procedures.
2 lanes of cars will exit our site. The right lane will have to turn right on Utica Avenue. The left
lane will have to turn left on Utica Avenue. We will display a signage board at the exit of our site
telling the attendees that the right lane will direct them to the I-394 and that the left lane will
direct them to HWY 100.
We will put additional signage boards at the intersection of Utica Av and Wayzata blvd that tells
the people the access to I-394 will be on their left (with an arrow). We will also put a signage
board at the intersection of Utica Ave and Gamble Dr with an right arrow with a HWY 100 sign.
Another signage board will be display at the corner of Gamble Dr and Park place blvd that
indicates the direction of the access to the HWY 100.
If a vehicule wishes to go straight on 16th street, will will let them go straight, but we will control
the flow in order to not create any blockage. No lanes need to be closed nor directions reversed.
We have previously used these procedures in a lot of citites, here are a few examples:
San Francisco - 3 ways intersections in a residential neighborhood
Burbank (LA) - 2 ways intersections in an industrial neighborhood
Vancouver (Canada) - 3 ways intersections in a residential neighborhood
By putting a directional sign indicating to turn left at the corner of Wayzata blvd and Utica Av to
direct people to the I-394 or the West End businesses, we will avoid having any cars going right
on Wayzata Blvd and then into the Golden Valley residential neighborhood. We believe that if
we change the direction of the lanes on Utica to make it one way from the exit of our site and
have 2 lanes going left and 2 lanes going right, vehicules will more more tempted to go right at
the Wayzata intersection and will then be in the Golden Valley residential neighborhood. They
will not be able to turn 2 cars wide at these intersection, we will therefor have blockage that will
directly impact the exiting of our site.
For an illustration of these procedures, please refer to the traffic plan.
City Council Meeting of July 18, 2011 (Item No. 8c)
Subject: Cavalia Temporary Use Permit Page 10
City Council Meeting of July 18, 2011 (Item No. 8c) Subject: Cavalia Temporary Use PermitPage 11
City Council Meeting of July 18, 2011 (Item No. 8c) Subject: Cavalia Temporary Use PermitPage 12
City Council Meeting of July 18, 2011 (Item No. 8c)
Subject: Cavalia Temporary Use Permit Page 13
In addition to the directional signage above, the site will install graphics to the perimeter
fence designed to provide privacy and security in a more attractive manner. The graphics
will be mostly photographs of the show, but will also have the Cavalia name interspersed.
Samples of the graphics are below:
City Council Meeting of July 18, 2011 (Item No. 8c)
Subject: Cavalia Temporary Use Permit Page 14
Meeting Date: July 18, 2011
Agenda Item #: 8d
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Joint Powers Agreement with the City of Golden Valley - Cavalia at The West End.
RECOMMENDED ACTION:
Motion to approve the proposed Joint Powers Agreement with the City of Golden Valley.
POLICY CONSIDERATION:
Does the City Council wish to approve the proposed Joint Powers Agreement with the City of
Golden Valley authorizing the City of St. Louis Park to exercise its powers (except Land Use
Controls) relative to Cavalia’s temporary use of the entire West End office property?
BACKGROUND:
One of the world’s largest touring shows called Cavalia wishes to hold its performance on the
vacant, eastern portion of The West End (“subject property”) owned by Duke Realty this fall.
The subject property is approximately 16 acres; ten acres of which are in the City of St. Louis
Park and six acres are in the City of Golden Valley. The production would be set up the third
week of August with shows running from September 21st thru early–November. Tear down
would take a week after the last show.
Given that the subject property lies in both St. Louis Park and Golden Valley, both cities must
approve Cavalia’s temporary use of the property. The first reading of a Temporary Use
Ordinance in St. Louis Park was approved by the City Council on July 11th. The second reading
is scheduled for consideration July 18th. The Golden Valley City Council will consider a similar
ordinance on July 19th. Rather than having Cavalia obtain permits and licenses from both
municipalities, the two cities agreed that it would be most efficient to allow St. Louis Park to
assume regulatory responsibility and exercise general police powers related to the show.
Assignment of such authority can be accomplished through a Joint Powers Agreement between
the two municipalities.
Proposed Agreement
The St. Louis Park City Attorney in consultation with the Golden Valley City Attorney drafted
the proposed Joint Powers Agreement which applies strictly to the temporary use of the subject
property by Cavalia from August through November, 2011. Under the proposed Agreement, the
City of Golden Valley would retain Land Use Controls for the portion of the West End property
located in Golden Valley and give the City of St. Louis Park the following responsibilities
concerning the entire subject property:
1. Environmental reviews and regulatory enforcements
2. General police powers
3. Public safety related to police services including traffic management and enforcement of
all criminal statutes
City Council Meeting of July 18, 2011 (Item No. 8d) Page 2
Subject: Joint Powers Agreement with the City of Golden Valley - Cavalia at The West End
4. Fire protection including inspection, protection and emergency services
5. Public utilities - specifically sanitary sewer, storm sewer, water and other available
public utilities and collection of all fees and user chargers for such utility services
6. Business and liquor licenses
7. Fees (other than land use controls) - all license fees, permit fees, inspection fees,
development fees, special assessments, connection charges, storm water utility fees and
the like collected from the Subject Property relating to the Project will be retained by St.
Louis Park
The term of the Agreement will terminate upon Cavalia’s completion of its operations on the
subject property in November, including the required clean up and restoration of the site.
The Golden Valley City Council will consider the proposed Agreement on Tuesday July 19th.
FINANCIAL OR BUDGET CONSIDERATION:
Cavalia will be responsible for paying for all required fees, permits, and any municipal services
it utilizes.
VISION CONSIDERATION:
Approving the proposed JPA and allowing Cavalia to perform at The West End is consistent
with the City’s vision of promoting and integrating arts, culture, and community aesthetics in all
City initiatives where appropriate.
Attachments: Joint Powers Agreement with the City of Golden Valley
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of July 18, 2011 (Item No. 8d) Page 3
Subject: Joint Powers Agreement with the City of Golden Valley - Cavalia at The West End
JOINT POWERS AGREEMENT
AGREEMENT made this 18th day of July, 2011, by and between the CITY OF ST.
LOUIS PARK, a Minnesota municipal corporation (“St. Louis Park”), and the CITY OF
GOLDEN VALLEY, a Minnesota municipal corporation (“Golden Valley”).
RECITALS
A. Minn. Stat. § 471.59 et seq. authorizes cities to enter into joint powers
agreements.
B. Highways I-394 and T.H. 100 functionally isolate approximately six (6) acres
within Golden Valley from the remainder of the City of Golden Valley. This
property is legally described on the attached Exhibit “A” (“Subject Property”).
C. The Subject Property is presently undeveloped. It is contemplated that it will be
developed as part of a future phase of the adjoining West End development in
St. Louis Park.
D. The owner of the Subject Property and the adjoining West End property in
St. Louis Park desires to use the properties for a temporary use from August
through November, 2011 involving Cavalia, a touring equestrian show
(“Project”).
E. The parties desire to achieve efficiency in the general police power functions
relating to the Project.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS, THE PARTIES AGREE AS FOLLOWS:
1. LAND USE CONTROLS. Golden Valley will adopt, administer and enforce all
“official controls” as the term is defined in Minn. Stat. § 462.352, Subd. 15 for the Subject
Property.
2. ENVIRONMENTAL REGULATIONS. St. Louis Park has completed an Area
Environmental Urban Review (AUAR) dated March 2007 for the West End Development. The
city of St. Louis Park agrees that it will comply with the findings and terms of the AUAR. St.
Louis Park will be the Local Governmental Unit (LGU) for purposes of administration of the
Wetland Conservation Act (WCA), Minn. Stat., 103G et seq., and Responsible Government Unit
(RGU) for purposes of any environmental review pursuant to Minn. Stat. 116D.01, et seq.
3. GENERAL ORDINANCES. St. Louis Park will exercise on behalf of Golden
Valley their common powers to adopt and enforce general police power ordinances within the
Subject Property relating to the Project to the same kind and extent it applies its general police
power ordinances within the City of St. Louis Park.
City Council Meeting of July 18, 2011 (Item No. 8d) Page 4
Subject: Joint Powers Agreement with the City of Golden Valley - Cavalia at The West End
4. PUBLIC SAFETY. St. Louis Park will provide police services and enforce all
criminal statutes and St. Louis Park City Ordinances within the Subject Property relating to the
Project to the same kind and extent it provides such overall services and enforcement within the
City of St. Louis Park.
5. FIRE PROTECTION. St. Louis Park will provide fire inspection and protection
services for the Subject Property relating to the Project to the same kind and extent it provides
such overall services within the City of St. Louis Park.
6. PUBLIC UTILITIES. St. Louis Park will provide sanitary sewer, storm sewer,
water and other available public utilities to the Subject Property relating to the Project and
collect fees and user charges for all such utility services
7. BUSINESS AND LIQUOR LICENSES. St. Louis Park’s business and liquor
licensing regulations will apply to the Subject Property relating to the Project and shall be
enforced by St. Louis Park.
8. FEES. All license fees, permit fees, inspection fees, development fees, special
assessments, connection charges, storm water utility fees and the like collected from the Subject
Property relating to the Project will be retained by St. Louis Park.
9. TERM AND SCOPE OF AGREEMENT. This Agreement shall terminate
upon the Cavalia equestrian touring show’s completion of its operations on the Subject Property,
including any required clean up and restoration of the site. This Agreement shall only apply to
the temporary Cavalia equestrian touring show’s use of the Subject Property during 2011.
10. AMENDMENTS. This Agreement may be amended at any time by agreement
of the parties.
11. NOTICES. Any notice required hereunder shall be hand delivered or by certified
mail at the following addresses unless the other party is given notice of a change of address by
certified mail:
City of St. Louis Park
Attention: City Manager
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
City of Golden Valley
Attention: City Manager
7800 Golden Valley Road
Golden Valley, MN 55427
IN WITNESS WHEREOF, the City of St. Louis Park and the City of Golden Valley
have caused this Agreement to be executed by their respective duly authorized officers pursuant
to the authority granted by the attached resolutions adopted by the City Council of St. Louis Park
and the City Council of Golden Valley.
City Council Meeting of July 18, 2011 (Item No. 8d) Page 5
Subject: Joint Powers Agreement with the City of Golden Valley - Cavalia at The West End
Date: , 2011
CITY OF ST. LOUIS PARK
BY:
Jeffrey W. Jacobs, Mayor
AND
Thomas K. Harmening, City Manager
Date: , 2011
CITY OF GOLDEN VALLEY
BY:
Linda R. Loomis, Mayor
AND
Tom Burt, City Manager