HomeMy WebLinkAbout2009/03/02 - ADMIN - Agenda Packets - City Council - RegularAGENDA
MARCH 2, 2009
5:30 p.m. BOARD AND COMMISSION INTERVIEWS – Westwood Room
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Human Rights Award
3. Approval of Minutes
3a. Special City Council Minutes January 26, 2009
3b. City Council Study Session Minutes January 26, 2009
3c. City Council Workshop Minutes January 30, 2009
3d. City Council Workshop Minutes January 31, 2009
3e. Special City Council Study Session Minutes February 2, 2009
3f. City Council Minutes February 2, 2009
3g. City Council Study Session Minutes February 9, 2009
3h. City Council Minutes February 17, 2009
3i. City Council Study Session Minutes February 23, 2009
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 to approve items on the consent calendar.
(Alternatively: Motion to add or remove items from the agenda, motion to move items from consent
calendar to regular agenda for discussion and to approve those items remaining on the consent
calendar.)
5. Boards and Commissions – None
6. Public Hearings
6a. Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to
Cedar Lake Road
Recommended Action:
1. Close public hearing.
2. Motion to approve First Reading of Ordinance authorizing creation of
Special Service District #5 and to schedule the 2nd reading of the ordinance
for March 16, 2009.
3. Motion to approve Letter of Determination responding to the opposition
letter from Costco Wholesale Corporation.
Meeting of March 2, 2009
City Council Agenda
7. Requests, Petitions, and Communications from the Public
8. Resolutions, Ordinances, Motions and Discussion Items
8a. TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
Recommended Action:
Motion to adopt Resolution accepting this report, establishing and ordering
Improvement Project No. 2004-1700, approving plans and specifications, and
authorizing advertisement for bids.
Motion to adopt Resolution authorizing removal of noise walls from the project.
Motion to adopt Resolution authorizing parking restrictions on Wooddale Avenue.
8b. Local Street Rehabilitation Project – Pavement Management Area 5, Project Nos.
2008-1000 & 2009-1300
Recommended Action:
Motion to adopt Resolution accepting this report, establishing and ordering
Improvement Project No. 2008-1000 and Improvement Project No. 2009-1300,
approving plans and specifications, and authorizing advertisement for bids.
8c. “The Towers at West End” Preliminary Plat with Variance and Preliminary Planned
Unit Development, (Case Nos. 08-49-S, 08-50-PUD)
Recommended Action:
Planning Commission and City staff recommend:
• Motion to approve Resolution for Preliminary Plat with variances, subject to
conditions for The Towers at West End; and
• Motion to approve Resolution approving Preliminary Planned Unit
Development (PUD) for The Towers at West End, subject to conditions.
9. Communication
Meeting of March 2, 2009
City Council Agenda
4. CONSENT CALENDAR
4a. Approve out-of-state travel for Mayor Jacobs for the National League of Cities’
Congressional Cities Conference in Washington D.C.
4b. Authorize execution of a contract with Arbor Barber, Inc. as the 2009 private diseased tree
removal contractor in an amount not to exceed $122,080.08. Arbor Barber has successfully
performed other similar contracts for the City of Minneapolis and the Minneapolis Park and
Recreation Board
4c. Adopt Resolution authorizing final payment in the amount of $60,177.91 for the 2008
Sidewalk, Curb and Gutter Maintenance Project - Project No. 2008-0003, 0004, & 2009-
0004 with Concrete Idea, Inc., Contract No. 73-08
4d. Adopt Resolution authorizing final payment in the amount of $102,277.83 for the 2008
Local Street Rehabilitation Project - Project No. 2007-1000 & 2008-1600 with Midwest
Asphalt Corporation, Contract No. 40-08
4e. Approve for Filing Vendor Claims
4f. Approve for Filing Parks & Recreation Advisory Commission Minutes December 3, 2008
4g. Approve for Filing Telecommunications Advisory Commission Minutes December 4, 2009
4h. Approve Resolution amending and restating Resolution Nos. 08-057 and 08-128 relating to
a Final Planned Unit Development for the West End Redevelopment Project located at the
Southwest Quadrant of Interstate 394 and Highway 100
4i. Approve an Encroachment Agreement at 1607 Park Place Boulevard for Temporary Private
Use of Public Land for outdoor dining, subject to City Council approval of a Minor
Amendment to the Final Planned Unit Development
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.
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 Date: March 2, 2008
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:
Human Rights Award Presentation.
RECOMMENDED ACTION:
No formal action is requested. The City Council is asked to join the Human Rights Commission in
recognizing Stephen Glasper for his contributions to the community in the area of human rights.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
Each year, the St. Louis Park Human Rights Commission coordinates an award to honor individuals
that contribute to increasing understanding and cooperation between people of different
backgrounds. Award recipients are recognized as leaders who support our vision of creating a
community in which diversity is a natural part of everyday life. Nominations are made by
community members and the winners are selected by the Human Rights Commission. One
individual was chosen for 2008.
2008 Award Recipient: Stephen Glasper
Stephen Glasper has owned and operated Brookside Barbers on Excelsior Blvd. since 1999. Mr.
Glasper was nominated for the Human Rights Award by one of his customers who has observed the
way he relates to his employees, customers, and others who visit the barber shop as a community
hub. Additional customers have supported this nomination.
Stephen and his co-workers come from a wide range of racial, cultural and socio-economic
backgrounds and the same can be said for his customers. Stephen welcomes everyone at his shop;
everyone truly is equal. Stephen demonstrates a sincere interest in each person who enters his shop
and is always a positive role model, primarily for the minority youth and young adults who are
always present at the shop.
Stephen has created an environment at Brookside Barbers that furthers the cause of racial harmony
which extends far beyond the walls of his barber shop.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
Meeting of March 2, 2009 (Item No. 2a) Page 2
Subject: Human Rights Award Presentation
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Marney Olson, Community Liaison
Reviewed by: John Luse, Chief of Police
Approved by: Tom Harmening, City Manager
Meeting Date: March 2, 2009
Agenda Item #: 3a
UNOFFICIAL MINUTES
SPECIAL CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JANUARY 26, 2009
1. Call to Order
Mayor Jacobs called the meeting to order at 6:00 pm.
Councilmember’s present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and Sue
Sanger.
Council members absent: C. Paul Carver and Paul Omodt.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Planning/Zoning
Supervisor (Ms. McMonigal), Community Development Director (Mr. Locke), Assistant Zoning
Administrator (Mr. Morrison) and Recording Secretary (Ms. Laree).
2. Resolutions, Ordinances, Motions and Discussion Items
2a. Public Hearing and Conditional Use Permits (CUP) & Variances –
Communication Tower at 2301 Brunswick Avenue South.
Resolution No.’s 09-014, 09-015, and 09-016
Mayor Jacobs opened the public hearing at 6:00 p.m.
Mr. Morrison presented the staff report.
Chris Dahl, 5404 Interlaken Boulevard, the property owner, stated that there have been
antennas at this property since the 1960s. He presented a study by Standard and Poor’s
showing that communication towers have no affect on property values. He stated that this is
a replacement tower and would not affect the environment. He concluded by stating that he
would like approval for a CUP and variance to build the proposed antenna on his property.
Jared Andrews of Locks Associates, 7200 Hemlock Lane, stated he believes that this property
is in accordance with the variance and the property met the definition of a hardship. He felt
that with the amount of wetlands and floodplains, it would be difficult to find other uses for
this property. He believes that this property is unique in that it is a low lying area that is
surrounded by wetland and mature trees. He stated that this would not set precedence
because it is a unique property and would not be duplicated in its characteristics. He noted
that there has been a tower farm on this property since the early 1960s. They would use the
minimal lighting necessary to meet lighting codes, similar to that used in a parking lot. He
concluded by stating that he would like the Council to grant the variance.
Meeting of March 2, 2009 (Item No. 3a) Page 2
Subject: Special City Council Minutes January 26, 2009
Claire Christi son, 2744 Georgia Avenue, stated there was no hardship for the owner but
there was for the residents. She stated a city in Carver has been dealing with interference
issues for 7 years because of its towers and current forms of communication would further
interfere with the tower.
Kirsten Nordberg, 2130 Ridge Drive, questioned how many towers could be built on this
property. Mayor Jacobs responded that it would be written into the variance that only one
tower would be allowed to be built. Staff confirmed this was correct.
Thomas Christiansen, 2170 Ridge Drive, stated he is the closest resident to the towers,
which are easily visible from his building. He did not feel that photographs presented by
Mr. Andrews were a fair representation of what can be seen at night because the towers are
visible at night. Mr. Christiansen believed that the primary use of the station would be to
broadcast Twins games, which was contrary to what Mr. Dahl has stated that the towers
would be used for. He felt the application process by the owner had been flawed from the
beginning because Mr. Dahl had applied for construction of a 400 foot tower. At an earlier
meeting, Mr. Dahl had indicated there were other ways he could develop his property that
would be less desirable to the residents than antenna towers. Mr. Christiansen questioned
other uses available for the property and how it could be defined as a hardship. He stated
that he must deal with interference from the tower on a daily basis because of the AM
frequency. Mr. Christiansen noted that telephones which plug into the wall do not work in
the Sunset Ridge neighborhood and concluded by stating there was no benefit to the City to
approve the variance.
Councilmember Sanger stated that the granting of this variance would locate a tower in
closer proximity to more residents and that variances are never approved for profit gains.
She noted that variances should be approved if a location has unique characteristics such as
floodplains and wetlands. However, these characteristics were not stopping Mr. Dahl from
building the tower, it is the height issue. She noted that the City’s towers should be similar
to those in other communities and concluded by stating there was no benefit to the
community to approve the variance for the tower.
Councilmember Finkelstein asked the engineer, Gary Lusaka, regarding the interference
created by the tower and what effect the FM signal would have on residents.
Mr. Lusiake responded that the FM signal is not interference but overload and is not a
problem because it can be dealt with. The only interference residents would deal with is
interference with other FM stations.
Mr. Dahl stated that he would limit the land use to four communication towers.
Meeting of March 2, 2009 (Item No. 3a) Page 3
Subject: Special City Council Minutes January 26, 2009
Councilmember Paprocki asked the City Attorney for the definition of hardship. Mr. Scott
responded that the definition of hardship, as stated in the City ordinance, related to the
physical characteristics of the property and whether or not they are unique in relating to the
development of the property.
Councilmember Basill questioned whether the Council could impose a condition on the
CUP or variance, such as to limit the number of towers to four. Mr. Scott answered in the
affirmative and responded that there would be conditions limiting the number of towers and
its “attachments.”
Councilmember Sanger expressed concern with taking action that would expand the radius
of interference that residents are experiencing and whether those issues could be rectified
within a period of one year as required by the FCC or would extend beyond that time.
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve
Resolution No. 09-014 regarding approval of the application of Christopher Dahl for a
Conditional Use Permit under Sections 36-243(D)(5) and 36-294(E) of the St. Louis Park
Code relating to Zoning to permit a 199 foot Communication Tower in a Floodplain for
property zoned IP-Industrial Park and R-3 Two Family Residential Districts located at 2301
Brunswick Avenue South.
The motion passed 4-1 (Mayor Jacobs opposed).
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve
Resolution No. 09-015 regarding Denial of the application of Christopher Dahl for
Variances under Sections 36-243(D)(5) and 36-368(D)(2) of the St. Louis Park Ordinance
Code relating to Zoning to permit a Communication Tower in excess of the maximum
allowed height, and located less than the required setback from properties zoned Residential
for a communication tower of the requested height for property located at 2301 Brunswick
Avenue South.
The motion passed 4-1 (Mayor Jacobs opposed).
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve
Resolution No. 09-016 granting Variances from Sections 36-368(D)(2) of the St. Louis Park
Ordinance Code relating to Zoning to permit a Communication Tower located less than the
required setback from properties Zoned Residential for a 199 foot tall communication tower
for property Zoned IP-Industrial Park and R-3 Two Family Residential Districts and located
at 2301 Brunswick Avenue South.
The motion passed 4-1 (Mayor Jacobs opposed).
Meeting of March 2, 2009 (Item No. 3a) Page 4
Subject: Special City Council Minutes January 26, 2009
3. Adjournment
The meeting adjourned at 7:20 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3b
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
JANUARY 26, 2009
The meeting convened at 7:20 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and Sue
Sanger.
Council members absent: C. Paul Carver and Paul Omodt.
Staff present: City Manager (Mr. Harmening), Finance Director (Mr. DeJong), Management
Assistant (Ms. Honold), Organizational Development Coordinator (Ms. Gothberg), Assistant
Finance Director (Mr. Swanson) and Recording Secretary (Ms. Larrea).
Guest: Bill Morris and Peter Leatherman, Decision Resources, LTD.
1. Future Study Session Agenda Planning- February 2 and February 9, 2009
Mr. Harmening presented the staff report to the Council.
It was noted that staff would like to include a discussion on changing the ordinance relating to
educational and religious uses in the residential zoning districts to a future study session agenda.
2. Residential Survey Results
Mr. Morris from Decision Resources presented the results of the St. Louis Park Residential Survey
Study to the Council. He noted that St. Louis Park has some of the highest survey approval ratings
in the Metropolitan area.
It was the consensus of the Council that they were pleased with the results of the survey. It was
noted that it will be the challenge of the Council to maintain these high approval ratings in the year
ahead.
3. 2009 Budget
Mr. Harmening presented the staff report to the Council.
It was the consensus of the Council to move forward with the recommendations from staff and
continue budget discussions at a future study session.
4. Council Policy Questions- Refuse Billing
It was the consensus of the Council to discuss this item at a future study session.
Meeting of March 2, 2009 (Item No. 3b) Page 2
Subject: Special City Council Study Session Minutes January 26, 2009
5. Communications (Verbal)
None.
The meeting adjourned at 8:40 p.m.
Written Reports provided and documented for recording purposes only:
6. December 2008 Financial Reports
7. Quarterly Investment Report (October – December 2008)
8. Domesticated Farm Animals
9. Comprehensive Plan Update
10. 2009 Grant Year Community Development Block Grant (CDBG) Fund
11. Termination of Wireless Internet Circuit
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3c
UNOFFICIAL MINUTES
City Council Workshop Session
AAA Corporate Board Room
5400 Auto Club Way
January 30, 2009
The meeting convened at 4:06 p.m. called to order by Mayor Jeff Jacobs in the AAA Corporate
Board Room.
Councilmembers present: Mayor Jeff Jacobs, Sue Sanger, John Basill, Loran Paprocki, and Phil
Finkelstein.
Councilmembers absent: C. Paul Carver and Paul Omodt.
Staff present: Tom Harmening, City Manager; Nancy Gohman, Deputy City Manager; and Bridget
Gothberg, Organizational Development Coordinator.
Workshop Session
Council met and discussed the following:
A. Vision St. Louis Park, the Strategic Directions
It was the consensus of the Council to reconfirm their ongoing commitment to Vision and
the 4 Strategic Directions.
B. Decision Resources survey results
C. Review of their group norms and expectations
Adjournment
The meeting adjourned at 8:03 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3d
UNOFFICIAL MINUTES
City Council Workshop Session
AAA Corporate Board Room
5400 Auto Club Way
January 31, 2009
The meeting was called together by Mayor Jeff Jacobs at 9:05 a.m. in the AAA Corporate Board
Room.
Councilmembers present: Mayor Jeff Jacobs, Sue Sanger, John Basill, Loran Paprocki, and Phil
Finkelstein.
Councilmembers absent: C. Paul Carver and Paul Omodt.
Staff present: Tom Harmening, City Manager; Nancy Gohman, Deputy City Manager; Bruce
DeJong, Director of Finance; Mike Rardin, Director of Public Works; Kevin Locke, Director of
Community Development; Brian Hoffman, Director of Inspections; Clint Pires, Chief Information
Officer; Luke Stemmer, Fire Chief; John Luse, Police Chief; Cindy Walsh, Director of Parks and
Recreation; and Bridget Gothberg, Organizational Development Coordinator.
Workshop Session
Council met and discussed the following:
A. Long Range Financial Management Plan
B. Current city services
C. Potential budget setting process
Adjournment
The meeting adjourned at 2:35 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3e
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
FEBRUARY 2, 2009
The meeting convened at 6:00 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran
Paprocki and Susan Sanger.
Councilmembers absent: C. Paul Carver.
Staff present: City Manager (Mr. Harmening), Director of Inspections (Mr. Hoffman), Director of
Parks & Recreation (Ms. Walsh), Communications Coordinator (Mr. Zwilling), Director of Public
Works (Mr. Rardin), Assistant Planner (Mr. Fulton), Planning and Zoning Supervisor (Ms.
McMonigal), Sr. Planner (Mr. Walther) and Recording Secretary (Ms. Schmidt).
Guest: Jeff Oertel, Oertel Architects
1. Review of the Municipal Service Center Addition and Site Improvement Plan
Mr. Hoffman presented the staff report.
Mr. Oertel gave a presentation of the proposed addition and site improvements to the Municipal
Service Center.
It was the consensus of Council to go ahead with the plan as recommended and also recommended
staff research possible grant funding that may be available to make the project more “green”
applicable.
Mr. Harmening thanked staff for their great work and collaborative efforts.
The meeting adjourned at 7:10 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3f
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
FEBRUARY 2, 2009
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran
Paprocki and Susan Sanger.
Councilmembers absent: C. Paul Carver.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Environmental
Coordinator (Mr. Vaughan), Economic Development Coordinator (Mr. Hunt), Community
Development Director (Mr. Locke), Senior Planner (Mr. Walther) and Recording Secretary (Ms.
Schmidt).
2. Presentations
2a. League of Women Voters Donation for Tree Planting
Eilseen Knisely, League of Women Voters, presented Mr. Vaughan with a donation of
$2,672. The generous donation will be matched by the City and available for use by
residents to purchase trees at a discount rate to compliment trees lost on private property.
2b. Larry Schwantz Retirement Recognition Resolution
Mayor Jacobs read the resolution, thanked and presented a plaque to Larry Schwantz,
recognizing his 35 years of dedicated service to the City.
Councilmembers personally thanked Larry for all his hard work over and above the ordinary
on such things as the fields and hockey rinks.
Mr. Harmening stated Larry is a special guy who is what customer service all about and he
will truly be missed by the community.
3. Approval of Minutes - None
Meeting of March 2, 2009 (Item No. 3f) Page 2
Subject: City Council Minutes February 2, 2009
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. Adopt Resolution No. 09-017 approving 2009 Liquor License Renewals for the
license year term of March 1, 2009 through March 1, 2010 with the exception of
Al’s, located at 3912 Excelsior Boulevard, whose license will expire March 31, 2009.
4b. Approve transfer of subsidiary ownership and Resolution No. 09-018 approving
renewal of the On-sale Intoxicating, On-sale Sunday, and Brewpub Off-sale liquor
licenses to Granite City Restaurant Operations, Inc., dba Granite City Food &
Brewery located at 5500 Excelsior Blvd. for the March 1, 2009 through March 1,
2010 license term.
4c. Approve twenty five (25%) percent ownership transfer and Resolution No. 09-019
approving renewal of the Off-sale Intoxicating liquor license for FC Liquors 2 Inc.,
dba Westwood Liquors, located at 2304 Louisiana Avenue South for the March 1,
2009 through March 1, 2010 license term.
4d. Approve Resolution No. 09-020 for an On-sale Wine license and On-Sale 3.2 Malt
Liquor license for SLP Foods, LLC, dba Fuddruckers, located at 6445 Wayzata
Boulevard, for the license term of March 1, 2009 through March 1, 2010.
4e. Approve Easement Agreement with Minikahda Court Apartments LLC for The
Ellipse on Excelsior project.
4f. Waive second reading and adopt Ordinance No.2371-09 to create Special Service
District No. 5 and approve the summary ordinance for publication and approve
Resolution No. 09-021 imposing a service charge for Special Service District No. 5.
4g. Authorize execution of a contract with Precision Landscape and Tree, Inc. as the
2009 Boulevard Tree and Stump Removal Contractor in an amount not to exceed
$83,657.
4h. Adopt Resolution No. 09-022 to recognize Larry Schwantz’s retirement after 35
years of service to the City of St. Louis Park.
4i. Adopt Resolution No. 09-023 to accept a donation from the League of Women
Voters in the amount of $2,672 for the purchase of trees available to residential
purchase at a discounted rate to compliment trees lost on private property.
4j. Adopt Resolution No. 09-024 authorizing final payment in the amount of
$2,629.60 for the Forcemain Rehab Project – Park Center Boulevard - Project No.
2008-2300 with G.F. Jedlicki, Inc., Contract No. 120-08.
4k. Authorize execution of a contract with Rainbow Tree Care, Inc. as the 2009 Arbotect
20-S Elm Injection contractor at a cost of $12.15 per diameter inch.
4l. Approve Resolution No. 09-025 authorizing Condemnation of Land for Public
Purposes – Highway 7-Wooddale Interchange Project.
4m. Approve for Filing Human Rights Commission Minutes October 21, 2008.
Meeting of March 2, 2009 (Item No. 3f) Page 3
Subject: City Council Minutes February 2, 2009
4n. Approve for Filing Human Rights Commission Minutes December 16, 2008.
4o. Approve for Filing Planning Commission Minutes December 17, 2008.
4p. Approve for Filing Vendor Claims.
Mr. Harmening noted that staff had received a letter from Costco in relation to item 4f.
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve
the Agenda and items listed on the Consent Calendar.
The motion passed 6-0.
5. Boards and Commissions - None
6. Public Hearings
6a. Establishment of The Ellipse on Excelsior Tax Increment Financing District
Resolution No. 09-026
Mayor Jacobs opened the public hearing at 7:45 p.m.
Note: The following discussion relates to item 8a.
Brian Johnson, 3345 Glenhurst Avenue, stated concern with the parking plan and asked that
it be addressed prior to starting construction. He also asked that workers be courteous and
pick up their trash.
Mr. Locke stated the parking plan is an issue relating to the Planned Unit Development
(PUD). He stated he has talked to the developer in relation to residents’ concerns and was
assured the neighborhood would be treated respectfully.
Mayor Jacobs suggested the developer involve the neighbors, keeping them informed of their
parking plans.
Councilmember Basill asked if Mr. Bader was willing to work with the neighborhood and
allow flexibility on construction start/end times and weekend workdays.
Mr. Bader stated they would follow the hours dictated by City Ordinance, further stating he
was willing to work with the neighborhood and everyone involved to make the project work.
Alberto Bertomeu, stated he owns the gas station and extra lot on the corner and was willing
to allow workers to park their vehicles on the extra lot to alleviate parking on the
neighboring streets.
Meeting of March 2, 2009 (Item No. 3f) Page 4
Subject: City Council Minutes February 2, 2009
Council thanked Alberto Bertomeu for his generosity and hoped staff and the developer
would make use of the opportunity.
Mayor Jacobs closed the public hearing.
Councilmember Basill asked when the project would start.
Mr. Bader stated their projected start date is for spring 2009.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 09-026 approving the establishment of The Ellipse on Excelsior Tax
Increment Financing District within Redevelopment Project No. 1 (a redevelopment
district).
The motion passed 6-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Ellipse on Excelsior – Final Plat and Final PUD (Case Nos.: 08-35-S, 08-36-
PUD)
Resolution Nos. 09-027 and 09-028
Mr. Walther presented the staff report.
Note: Previously discussed in item 6a.
Councilmember Basill stated he would also like to add to item 3D #1 in the Conclusion
Section of the resolution approving the Final Preliminary Planned Unit Development to
involve a neighborhood representative in the pre-construction conference relating to the
parking plan. He stated he was happy with the process provided and thanked Mr. Payne and
staff for their hard work throughout the process.
It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt
Resolution No.09-027 approving the Final Plat for Ellipse on Excelsior with conditions;
and to adopt Resolution No. 09-028 approving the Final Preliminary Planned Unit
Development for Ellipse on Excelsior with conditions, adding word changes to item 10L as
presented by staff and to add to item 3D #1 to involve a neighborhood representative in the
pre-construction conference relating to the parking plan.
The motion passed 6-0.
Mr. Bader thanked everyone, stating it has been a pleasure of working with them.
Meeting of March 2, 2009 (Item No. 3f) Page 5
Subject: City Council Minutes February 2, 2009
9. Communications - None
10. Adjournment
The meeting adjourned at 8:11 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3g
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
FEBRUARY 09, 2009
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor pro tem Sue Sanger, John Basill, Phil Finkelstein, Paul Omodt and
Loran Paprocki.
Council members absent: Mayor Jeff Jacobs and C. Paul Carver.
Staff present: City Manager (Mr. Harmening), City Engineer (Mr. Brink), Community Development
Director (Mr. Locke), Community Development Planner (Mr. Fulton), Economic Development
Coordinator (Mr. Hunt), Finance Director (Mr. DeJong), Planning/Zoning Supervisor (Ms.
McMonigal) and Recording Secretary (Ms. Larrea).
Guest: Kevin Jullie and Brett Danner, SRF Consulting Group, Inc.
1. Future Study Session Agenda Planning- February 23, 2009
Mr. Harmening presented the staff report to the Council.
It was the consensus of the Council to inform board members that unless they feel there is a reason
for them to meet with the Council it will not be necessary for them to attend the February 23, 2009
Study Session.
2. Comprehensive Plan Update and Public Input Process
Ms. McMonigal presented the staff report to the Council. She advised that staff is looking at putting
together a series of neighborhood engagement meetings in the spring of 2009.
Councilmember Finkelstein noted that parking is going to be a key part of future development and
needs to be incorporated into future planning. He also noted that the condo associations in the
Wolf Lake neighborhood should be contacted regarding the neighborhood engagement meeting
scheduled for the spring of 2009.
It was the consensus of the Council to move forward with the neighborhood meetings in the spring
of 2009.
3. TH 7 & Wooddale Avenue Interchange Project Update- Project No. 2004-1700
Mr. Brink presented the staff report to the Council regarding the current status of the project
designs, financing and project schedule.
Meeting of March 2, 2009 (Item No. 3g) Page 2
Subject: City Council Study Session Minutes February 9, 2009
Councilmember Sanger noted that the Sorensen neighborhood is interested in having some type of
fence to protect children that may be playing in the area. The neighborhood would also like to have
some type of pedestrian walkway for crossing Wooddale Avenue.
Councilmember Basill stated that he would like to look at some kind of barrier for the pedestrian
walkways across the bridge.
Mr. Brink noted that there is the possibility to add decorative lights to the bridge if the Council is
interested in looking into it.
It was the consensus of the Council to exclude noise walls from the project and to move forward
with the current project plans and upcoming schedule.
4. Utility Rate Adjustments
Mr. DeJong presented the staff report to the Council regarding potential changes in the utility rate
structure based on the rate study performed by City staff and Ehlers & Associates.
Councilmember Omodt indicated the need to explore the use of educational programs to teach
residents how to save on disposal charges by recycling.
It was the consensus of the Council to move forward with the water rate tiers in May of 2009 as
proposed by staff. Council was also in agreement to have the solid waste disposal charges be
proportional to the cart size.
5. Council Policy Question- Refuse Billing Policy
It was the consensus of the Council to discuss this item at a future Study Session.
6. Council Policy Question- Refuse Collection Policy
Councilmember Paprocki led the Council in a discussion about refuse collection policies having to
do with cart placement for pickup purposes and cart capacity.
It was the consensus of the Council to have staff research the issue and present a report to the
Council at a future Study Session.
7. Review Advisory Commission Reports and Work Plans
7a. Telecommunications Advisory Commission Annual Report and Work Plan
7b. Human Rights Commission Annual Report and Work Plan
7c. Police Advisory Commission Annual Report and Work Plan
Meeting of March 2, 2009 (Item No. 3g) Page 3
Subject: City Council Study Session Minutes February 9, 2009
7d. Board of Zoning Appeal Annual Report
It was the consensus of the Council to invite Commissions in for a discussion with the Council if
they have any specific questions at a future Study Session.
8. Communications (Verbal)
The meeting adjourned at 9:20 p.m.
Written Reports provided and documented for recording purposes only:
9. Zoning Ordinance Amendment for Educational and Religious Uses in Residential
Zoning Districts.
10. Update on pending Sunset Ridge Condominium Housing Improvement Area (HIA).
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3h
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
FEBRUARY 17, 2009
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt and Susan
Sanger.
Councilmembers absent: C. Paul Carver and Loran Paprocki.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Housing Program
Coordinator (Ms. Larsen), Community Development Director (Mr. Locke), Planning & Zoning
Supervisor (Ms. McMonigal), Assistant Planner (Mr. Fulton), Assistant Zoning Administrator (Mr.
Morrison), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt).
2. Presentations – None
3. Approval of Minutes
3a. City Council Special Study Session Minutes January 20, 2009
The minutes were approved as presented.
3b. City Council Minutes January 20, 2009
It was noted on page five, item #8a, second sentence should state: “Mr. Fulton stated the
Inspection Department monitors this and has found no issues.”
The minutes were approved as amended.
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. Approve Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity
Parish, 4017 Utica Avenue South, for a Fish Fry Event to be held on March 6 and
March 20, 2009.
Meeting of March 2, 2009 (Item No. 3h) Page 2
Subject: City Council Minutes February 17, 2009
4b. Approve the following resolutions: Resolution No. 09-029 in support of a Federal
Appropriation for a Glencoe Railroad Switching Yard Mitigation Project in Glencoe,
Minnesota; Resolution No. 09-030 in support of a Federal Appropriation for
Trunk Highway 7/Louisiana Avenue Interchange Improvements; and Resolution
No. 09-031 in support of a Federal Appropriation for Trunk Highway 100 &
Interstate 394/Xenia Avenue/Park Place Boulevard Collector-Distributor Road
Improvement Project.
4c. Approve Change Order No. 1 to Contract 138-08 - Water Project – Water
Treatment Plant No. 8 Rehabilitation - Project 2006-2000.
4d. Adopt Resolution No. 09-032 authorizing final payment in the amount of
$8,085.21 for the sidewalk, curb and gutter maintenance project – Project Nos.
2007-0003, 2008-0004, & 2007-0004 with Quality Restoration Services, Inc.,
Contract No. 187-07.
4e. Delay Publication of Ordinance 2371-09 Creating Special Service District No. 5 and
to Schedule another Public Hearing for March 2, 2009; and to Adopt Resolution
No. 09-033 rescinding Resolution 09-021 imposing a Service Charge for Special
Service District No. 5 and to Schedule another Public Hearing for March 2, 2009.
4f. Approve for Filing Police Advisory Commission Minutes January 7, 2009.
4g. Approve for Filing Fire Civil Service Commission Minutes June 8, 2008.
4h. Approve for Filing Housing Authority Minutes January 14, 2009.
4i. Approve for Filing Vendor Claims.
4j. 2009 Budget Contingency Plan.
Councilmember Sanger requested that the tabled second reading of the Zoning Ordinance
Amendment for Educational and Religious Uses in Residential Zoning Districts be added to
the regular agenda as item 8d for further discussion.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve
the Agenda as amended and items listed on the Consent Calendar.
The motion passed 5-0.
5. Boards and Commissions - None
6. Public Hearings
6a. CDBG Public Hearing to Consider Allocation of 2009 Grant Year Community
Development Block Grant (CDBG) Funds
Resolution No. 09-034
Ms. Larsen presented the staff report.
Meeting of March 2, 2009 (Item No. 3h) Page 3
Subject: City Council Minutes February 17, 2009
Mayor Jacobs opened the public hearing. No speakers present. Mayor Jacobs closed the
public hearing.
Councilmember Sanger disclosed that she is a Wayside House member.
Councilmember Omodt stated he still has a concern with the parking lot repair at Wayside
House, further stating he felt it would not be an appropriate use of funds.
Councilmember Sanger stated the parking lot gets used on a daily basis and also stated that
the main reason Wayside House planned to move was because the City had other zoning
considerations.
Councilmember Omodt stated that since all the spaces were not being used, there would not
be a need to resurface the entire lot, which could allow for more green space. He further
stated he could not justify replacing something that is only there temporarily.
Councilmember Finkelstein stated that according to the staff report, it appears that if the
2009 allocation were reduced, Wayside House would be the first reduction. Ms. Larsen
stated that is correct.
Councilmember Finkelstein stated concern with making repairs for Wayside House, since
they are not planning to stay there long term.
Mr. Locke stated staff was aware of the fact that they may not be there long term and felt the
investment would not be lost. He indicated the parking lot size is a legitimate concern, and
that it may be more costly to reduce the size of the parking lot versus maintaining what they
already have.
Ms. Larsen stated that by not funding the full amount, they would be patching only as
necessary. She also suggested an option of monitoring the parking lot and perhaps fund it
next year if it degraded more. Ms. Larsen stated they could then use the money they had set
aside for this project to fund the Single Family Repair Grant and Low Income Deferred
Loans.
Councilmember Basill asked what the time frame was on the grant. Ms. Larsen stated the
Hennepin County application needs to submitted next week.
It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt
Resolution No 09-034 approving proposed use of funds for 2009 Urban Hennepin County
Community Development Block Grant funds, and authorizing execution of Subrecipient
Agreement with Hennepin County and any related Third Party Agreements.
Meeting of March 2, 2009 (Item No. 3h) Page 4
Subject: City Council Minutes February 17, 2009
Councilmember Basill noted that he seconded for point of discussion. He stated that with
the motion as proposed, he wasn’t sure it would pass and suggested they go with Ms.
Larsen’s suggestion, allowing the rest of the funds to pass.
Mayor Jacobs asked what would happen if the motion fails.
Mr. Locke stated they needed to have a resolution for the other funds.
Councilmember Finkelstein asked if they could approve a portion of the proposed use of the
funds.
Mr. Locke stated they could, but would prefer approval for the full amount, putting the
funds in question into the Single Family Rehab Funds. He stated that if they came back and
reallocated, another public hearing would be required.
Councilmember Finkelstein indicated the need to study and create a policy on which non-
profit organizations to assist and the appropriate levels of support the City should provide.
Mr. Locke asked if this would be for future years. Councilmember Finkelstein stated that is
correct.
Councilmember Sanger stated she agreed with the policy discussion, further stating she did
not want to jeopardize the rest of the grant recipients’ funding.
Councilmember Finkelstein asked if Councilmember Sanger would accept a friendly
amendment accepting the $203,450 and not include the Wayside House.
Councilmember Sanger stated she felt that specifics were needed for the allocation funding.
Mayor Jacobs stated the suggestion was they could apply the $21,950 to the Single Family
Housing fund.
Councilmember Sanger stated she would prefer they voted first on the proposal presented by
staff and if that were to fail, then amend the motion.
Councilmember Basill clarified what the motion would be, stating they would vote, with a
separate motion that would allow them to allocate the Wayside funds to the Single Family
Housing fund and request the full amount. He further stated they would discuss the policy
at a future study session.
Councilmember Finkelstein stated the first motion should be the staff proposed motion.
The motion failed 2-3. (Councilmember Finkelstein, Councilmember Omodt,
Councilmember Basill opposed)
Meeting of March 2, 2009 (Item No. 3h) Page 5
Subject: City Council Minutes February 17, 2009
It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to
adopt Resolution No 09-034 approving proposed use of funds for 2009 Urban Hennepin
County Community Development Block Grant funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related Third Party Agreements as
amended. The amended resolution reflects that the proposed Wayside House allocation is
deleted and the amount added to the Single Family Emergency Rehab Program and Low
Income SF Deferred Loan Program.
The motion passed 5-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 3555 State Highway 100 Boardwalk Center – Conditional Use Permit (CUP)
for Fill
Resolution No. 09-035
Mr. Fulton presented the staff report.
Councilmember Sanger asked if there would be a safe way for bike access from 36th Street
across the ramp. Mr. Fulton stated yes.
Councilmember Finkelstein asked if they would be giving up adding an additional building.
Mr. Fulton stated the developers could still add another building in the future, but it would
require an additional CUP.
Councilmember Basill asked if they were to build another building, would this be the only
entrance. Mr. Fulton advised this would be the primary entrance.
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt
Resolution No. 09-035 approving a Conditional Use Permit for fill for property at 3555
State Highway 100.
The motion passed 5-0.
8b. Conditional Use Permit (CUP) for Excavation of Parking Lot at 6560 23rd
Street West
Resolution No. 09-036
Mr. Morrison presented the staff report.
Meeting of March 2, 2009 (Item No. 3h) Page 6
Subject: City Council Minutes February 17, 2009
It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to
adopt Resolution No. 09-036 approving a Conditional Use Permit to remove
approximately 800 cubic yards of material for the construction of a parking lot, with
conditions as recommended by staff and the Planning Commission.
The motion passed 5-0.
8c. Resolution Setting Utility Rates
Resolution No. 09-037
Mr. DeJong presented the staff report.
Councilmember Basill and Councilmember Finkelstein commended staff’s work relating to
the water usage.
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, to adopt
Resolution No. 09-037 setting Utility Rates.
Councilmember Omodt asked if they would be offering any type of educational programs to
encourage the community to conserve water. Mr. DeJong stated the Communications
Coordinator will be offering promotional materials, as well as information on the website.
Councilmember Sanger stated it also helps to promote more recycling.
The motion passed 5-0.
8d. Approve the Second reading of the Zoning Ordinance Amendment for
Educational and Religious Uses in Residential Zoning Districts
Ordinance No. 2372-09
Councilmember Sanger stated that Council has had further discussion and made
modifications, streamlining the proposed ordinance, to allow schools with 21 or more
students and religious institutions by Conditional Use Permit in all residential zoning
districts.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to waive
second reading and adopt Ordinance No. 2372-09 amending the zoning ordinance relating
to educational and religious uses in the residential zoning districts and approve the summary
ordinance for publication.
Mayor Jacobs noted that Councilmember Carver and Councilmember Paprocki were aware
this item was being taken off the table and agreed with its approval.
The motion passed 5-0.
Meeting of March 2, 2009 (Item No. 3h) Page 7
Subject: City Council Minutes February 17, 2009
9. Communications
Mayor Jacobs reminded everyone of the Reading Week event at Aquila on March 5th.
Mayor Jacobs also stated that the STEP Empty Bowls Fundraiser would be Thursday, March 5th at
the Rec Center from 11:00 a.m. – 2:00 p.m. for lunch and from 4:30 p.m. – 7:00 p.m. for dinner.
10. Adjournment
The meeting adjourned at 8:20 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
Agenda Item #: 3i
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
FEBRUARY 23, 2009
The meeting convened at 7:35 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Loran Paprocki and Sue Sanger.
Councilmembers absent: John Basill, C. Paul Carver and Paul Omodt.
Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke),
Finance Director (Mr. DeJong), Housing Program Coordinator (Ms. Larsen), Human Resource
Director (Ms. Gohman), Assistant Finance Director (Mr. Swanson) and Recording Secretary (Ms.
Larrea).
1. Future Study Session Agenda Planning – March 9, 2009
Mr. Harmening presented the staff report.
Councilmember Sanger questioned if the draft station plans (SW Transit) would be ready for the
study session on March 09, 2009.
Mayor Jacobs will be absent March 16, 2009 and Councilmember Finkelstein will be absent March
23, 2009.
2. 2010 Budget Process and Workshop Follow-Up
Mr. Harmening presented the staff report regarding the 2010 budget process and a follow-up to
questions from the January Council Workshop.
Councilmember Sanger would like clarification as to how many households have school age children
and how the question regarding traffic was interpreted by those surveyed, if it was interpreted as
asking about traffic in St. Louis Park or the entire metro area.
Councilmembers agreed with the draft 2010 Budget Process but would like to include some type of
public process in April or May.
It was the consensus of the Council to continue the discussion of the 2010 Budget Process with all
of the Councilmembers present.
3. Update on Pending Sunset Ridge Condominium Housing Improvement Area
Ms. Larsen presented the staff report to the Council regarding the Sunset Ridge Association HIA
request.
Meeting of March 2, 2009 (Item No. 3i) Page 2
Subject: City Council Study Session Minutes February 23, 2009
Councilmember Finkelstein would like to have a discussion with the building assessor and the tax
assessor regarding the cost of the project. He would also like to meet with the association president
and tour the building.
It was the consensus of the Council to continue this discussion at a future study session.
4. Parks and Recreation Advisory Commission 2008 Year End Report and 2009 Work
Plan
Mr. Harmening presented the staff report to Council regarding the Parks and Recreation Advisory
Commission 2008 Year End Report and 2009 Work Plan.
It was the consensus of the Council to meet with the chair of the Parks and Recreation Advisory
Commission on March 09, 2009.
5. Communications (Verbal)
Mr. Harmening informed the Council that about 100 cars were towed over the weekend because of
the snow emergency.
The meeting adjourned at 10:00 p.m.
Written Reports provided and documented for recording purposes only:
6. Xenia/ Park Place Corridor Planning Study Update
7. Minnetonka Boulevard (County Road 5) Design Plan Update
8. 2009 Environment Objective- MN Energy Challenge
9. Street Improvement Districts
10. January 2009 Financial Reports
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: March 2, 2009
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:
Motion to Approve Out-of-State Travel for Mayor Jeff Jacobs, March 16-17, 2009.
RECOMMENDED ACTION:
Motion to approve out-of-state travel for Mayor Jacobs for the National League of Cities’
Congressional Cities Conference in Washington D.C
POLICY CONSIDERATION:
None.
BACKGROUND:
Pursuant to MN Statute 471.661 and Resolution No. 06-007, City of St. Louis Park Elected
Official Out-of-State Travel Policy, the Council is required to approve any travel outside the State of
Minnesota for elected officials.
Mayor Jeff Jacobs is traveling to Washington D.C. to attend the National League of Cities’
Congressional Cities Conference on March 16-17, 2009. He will also meet elected officials about
the city’s transportation issues while he is in Washington D.C.
FINANCIAL OR BUDGET CONSIDERATION:
This is a 2009 budgeted item.
VISION CONSIDERATION:
Mayor Jacobs’ upcoming meetings with elected officials to discuss transportation needs and attend
the conference is key to “Promoting regional transportation issues and related dedicated funding
sources affecting St. Louis Park including but not limited to Hwy. 100 and SWLRT.”
Attachments: None
Prepared by: Marcia Honold, Management Assistant
Approved by: Tom Harmening, City Manager
Meeting Date: March 2, 2009
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:
DED (Diseased Tree Contract) for 2009.
RECOMMENDED ACTION:
Motion to authorize execution of a contract with Arbor Barber, Inc. as the 2009 private diseased tree
removal contractor in an amount not to exceed $122,080.08. Arbor Barber has successfully
performed other similar contracts for the City of Minneapolis and the Minneapolis Park and
Recreation Board.
POLICY CONSIDERATION:
Does the City Council wish to continue to facilitate the removal of diseased trees from private
property?
BACKGROUND:
The city has been participating in the removal of diseased trees on private property for more than 27
years. The city’s role in this process is to identify and mark the diseased trees and facilitate and
administer a program which includes management of the contract, preparing official notices, billing
the homeowners, establishing a timely schedule for the removals and providing a follow-up
inspection. As in previous years, an updated brochure explaining the city’s removal program has
been prepared and will be distributed to all affected property owners at the time their diseased trees
are identified by staff.
Property owners will reimburse the city for the entire cost of private tree removals. In 2008, there
were 461 private trees removed in St. Louis Park (by a contractor) due to Dutch elm disease. Of
those 461 trees, 360 of those were removed by the city contractor. Please note that if the property
owner uses the city’s contractor for the removal, the city will agree to assess the entire cost of the
removal against the property as a means to ease the burden of paying this expense. The property
owners always have the option of selecting their own contractor as long as they are licensed in the
City of St. Louis Park.
The approved contract prices will also be used to calculate costs in cases where property owners
refuse to comply with the official removal notice. In all other cases, homeowners will be allowed to
solicit their own private bids and may choose to have the work performed by a different licensed
contractor at their expense.
Meeting of March 2, 2009 (Item No. 4b) Page 2
Subject: DED (Diseased Tree Contract) for 2009
This contract was let for bid in early January 2009, with the bid opening on January 22, 2009, with
nine firms submitting a bid. The results are as follows:
Arbor Barber, Inc.................................................$122,080.08
Premier Tree Service ...................................................$131,000.00
Precision Landscape & Tree, Inc.................................$140,393.00
Upper Cut Tree ..........................................................$142,625.00
Pioneer Tree & Landscape..........................................$144,500.00
Ostvig, Tree, Inc.........................................................$149,009.00
Emery’s Tree Service...................................................$157,325.00
BJ Haines Tree Service................................................$158,723.25
S & S Horticultural & Tree Specialists, Inc.................$161,510.00
FINANCIAL OR BUDGET CONSIDERATION:
The above bid amount from Arbor Barber is a decrease in the amount from last year’s contract, with
an average tree removal cost of $560, decreasing by $40 from 2008. The $560 represents the cost of
removal for a 24” diameter tree (average sized tree removed on private property in St. Louis Park).
VISION CONSIDERATION:
Managing our urban forest is consistent with the city’s Strategic Direction of being a leader in
environmental stewardship.
Attachments: None
Prepared by: Jim Vaughan, Environmental Coordinator
Reviewed by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting Date: March 2, 2009
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:
Final Payment Resolution - Contract 73-08 – Concrete Idea, Inc. – Project No. 2008-0003, 0004,
& 2009-0004.
RECOMMENDED ACTION:
Motion to adopt Resolution authorizing final payment in the amount of $60,177.91 for the 2008
Sidewalk, Curb and Gutter Maintenance Project - Project No. 2008-0003, 0004, & 2009-0004
with Concrete Idea, Inc., Contract No. 73-08.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
This project was planned for and included in the City’s adopted Capital Improvement Program to
provide for the annual repair and construction of sidewalk, and curb and gutter at various locations
in the city. Staff annually surveys the condition of the sidewalk to identify hazards for repair. Panels
of sidewalk that are cracked or have been lifted by tree roots to create trip hazards are removed and
replaced under this contract. Curb and gutter with similar defects that create drainage problems are
also repaired. Deteriorating storm sewer catch basins within the work area were also repaired or
rebuilt. Most of the work was concentrated in this coming year’s sealcoating area (Area 1), which
includes the Texa Tonka, Oak Hill and Lenox Neighborhoods.
City Council awarded the project to Concrete Idea, Inc. on June 2, 2008 in the amount of
$104,754.00. The Contractor completed this work within the contract time allowed at a final
contract cost of $139,691.25. There was overrun in the amount of $34,937.25 for extra curb and
gutter, and sidewalk work not estimated in the original contract.
FINANCIAL OR BUDGET CONSIDERATION:
Funds for this maintenance project were allocated in the Public Works Operations budget,
Stormwater Utility budget and the Pavement Management budget. Total funding amounting to
$170,000 are from the following funding sources: $85,000 of the Operations budget was available
for sidewalk repairs, $50,000 of the Pavement Management budget plus $15,000 of the Operations
budget was available for curb and gutter repairs. $20,000 of the Stormwater Utility budget was
available for catch basin repairs.
Meeting of March 2, 2009 (Item No. 4c) Page 2
Subject: Final Payment Resolution Contract 73-08 Concrete Idea
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
Meeting of March 2, 2009 (Item No. 4c) Page 3
Subject: Final Payment Resolution Contract 73-08 Concrete Idea
RESOLUTION NO. 09-___
RESOLUTION ACCEPTING WORK ON
2008 SIDEWALK, CURB & GUTTER MAINTENANCE PROJECT
CITY PROJECT NO. 2008-0003, 0004, & 2009-0004
CONTRACT NO. 73-08
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 June 2, 2008, Concrete Idea, Inc. has satisfactorily
completed the sidewalk, curb & gutter maintenance project, as per Contract No. 73-08.
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 $104,754.00
Change Order 00
Overrun $ 34,937.25
Previous Payments $ 79,513.34
Balance Due $60,177.91
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager Mayor
Attest:
City Clerk
Meeting Date: March 2, 2009
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:
Final Payment Resolution - Contract 40-08 – Midwest Asphalt Corporation – Project No. 2007-
1000 & 2008-1600.
RECOMMENDED ACTION:
Motion to adopt Resolution authorizing final payment in the amount of $102,277.83 for the 2008
Local Street Rehabilitation Project - Project No. 2007-1000 & 2008-1600 with Midwest Asphalt
Corporation, Contract No. 40-08.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
Bids were received on April 8, 2008 for Local Street Rehabilitation Project – Area 4. This is the
fourth year of the City’s Pavement Management Program. Work for this year’s program occurred
on selected streets in the Bronx Park, Birchwood, and Sorenson Neighborhoods. The work included
replacing the old pavement with a new asphalt surface. Other work associated with the project
included drainage system repairs.
City Council awarded the project to Midwest Asphalt Corporation on April 28, 2008 in the amount
of $1,348,674.24. The Contractor completed this work within the contract time allowed at a final
contract cost of $1,394,281.43. Change Order No. 1 amounted to $61,191.50 for extra utility
work and Change Order No. 2 amounted to $7,199.00 for hydro-seeding the boulevards.
FINANCIAL OR BUDGET CONSIDERATION:
The Pavement Management Fund provided approximately $1,084,255.15 for the street work.
Utility funds provided approximately $310,026.28 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
Meeting of March 2, 2009 (Item No. 4d) Page 2
Subject: Final Payment Resolution Contract 40-08 Midwest Asphalt Corp.
RESOLUTION NO. 09-___
RESOLUTION ACCEPTING WORK ON
2008 LOCAL STREET REHABILITATION PROJECT
CITY PROJECT NO. 2007-1000 & 2008-1600
CONTRACT NO. 40-08
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 28, 2008, Midwest Asphalt Corporation has
satisfactorily completed the 2008 Local Street Rehabilitation Project, as per Contract No. 40-08.
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 $1,348,674.24
Change Order 1 & 2 68,390.50
Underrun 22,783.31
Previous Payments $ 1,292,003.60
Balance Due $102,277.83
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager Mayor
Attest:
City Clerk
Meeting Date: March 2, 2009
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:
Vendor Claims.
RECOMMENDED ACTION:
Motion to Accept for filing Vendor Claims for the period February 14 through February 27, 2009.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
The Finance Department prepares this report on a monthly basis for Council’s review.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
Not applicable.
Attachments: Vendor Claims
Prepared by: Connie Neubeck, Account Clerk
02/25/2009CITY OF ST LOUIS PARK 9:19:00R55CKSUM LOG23000VO
1Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
220.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES+SECURETECHS, INC
220.00
350.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER
350.00
498.42FABRICATIONOTHER IMPROVEMENT SUPPLIES3M
498.42
31.65GENERAL REPAIR EQUIPMENT PARTSA-1 OUTDOOR POWER INC
31.65
122.41VEHICLE MAINTENANCE G&A LICENSESAAA-LICENSE DIVISION
1,371.09EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
1,493.50
882.50ESCROWSBass Lake/EDI/UPAECOM INC
882.50
1,437.00H.V.A.C. EQUIP. MTCE BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC
1,437.00
700.75GENERAL REPAIR EQUIPMENT PARTSAMERICAN PRESSURE INC
700.75
86.79GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER
137.70PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
88.36PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
47.96ENTERPRISE G & A GENERAL SUPPLIES
88.58VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
101.88WATER UTILITY G&A OPERATIONAL SUPPLIES
101.88SEWER UTILITY G&A OPERATIONAL SUPPLIES
653.15
728.53POLICE G & A OFFICE SUPPLIESANCHOR PAPER CO
728.53
1.30-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSANDERSON'S MAPLE SYRUP INC
21.30WESTWOOD G & A GENERAL SUPPLIES
20.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 2
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2Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
299.60FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESANDERSON, WENDY
299.60
313.14HUMAN RESOURCES TRAININGAPI FUND FOR PAYROLL EDUCATION
313.14
11,416.92PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESAQUATIC RECREATION CO
11,416.92
111.62ENTERPRISE G & A GENERAL SUPPLIESARAMARK UNIFORM CORP ACCTS
111.62
40.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPSASSOC RECYCLING MANAGERS INC
40.00
190.00TRAININGSEMINARS/CONFERENCES/PRESENTATATSSA
190.00
4,378.63WATER UTILITY G&A EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC
297.83STORM WATER UTILITY G&A EQUIPMENT MTCE SERVICE
4,676.46
173.00PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPSAWWA
173.00
1,790.00PATROLTRAININGBAE SYSTEMS - DEFENSE TECHNOLO
1,790.00
727.88EMPLOYEE FLEX SPEND G&A TUITIONBALVIN, AARON
727.88
617.31HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESBARNA, GUZY & STEFFEN LTD
617.31
161.74SEWER UTILITY G&A GENERAL SUPPLIESBATTERIES PLUS
161.74
600.00DARE PROGRAM TRAININGBCA/TRAINING AND DEVELOPMENT
180.00OPERATIONSTRAINING
780.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 3
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3Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
1,735.95BUILDING MAINTENANCE BUILDING MTCE SERVICEBECKER ARENA PRODUCTS
1,735.95
13.18WATER UTILITY G&A GENERAL CUSTOMERSBENDER, DAVID
13.18
14.54SAFETY SERVICES OFFICE SUPPLIESBERTELSON OFFICE PRODUCTS
14.54
2,165.63PATCHING TEMPORARY OTHER IMPROVEMENT SUPPLIESBITUMINOUS ROADWAYS INC
2,165.63
875.57OPERATIONSOPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC
875.57
41.95GENERAL REPAIR EQUIPMENT PARTSBOYER TRUCK PARTS
41.95
340.00BASKETBALLOTHER CONTRACTUAL SERVICESBROTT, ISAAK
340.00
58.00FITNESS PROGRAMS PROGRAM REVENUEBURNS, SHELLI
58.00
400.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESCALGON CARBON CORP
400.00
40.00ERUTRAININGCAMP RIPLEY MESS FUND
40.00
9,415.78ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC
9,415.78
256.00OPERATIONSOPERATIONAL SUPPLIESCARDIAC SCIENCE INC
256.00
57.73STORM WATER UTILITY G&A EQUIPMENT PARTSCARLSON SUPPLY INC
57.73
180.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTATCEAM
180.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 4
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4Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
4,703.00DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT
1,050.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES
25,000.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES
30,753.00
6,997.47FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY
4,203.18PARK MAINTENANCE G & A HEATING GAS
415.12WESTWOOD G & A HEATING GAS
512.98NATURALIST PROGRAMMER HEATING GAS
233.97GO BONDS-FIRE STATIONS G&A HEATING GAS
11,424.75WATER UTILITY G&A HEATING GAS
504.00REILLY G & A HEATING GAS
1,582.59SEWER UTILITY G&A HEATING GAS
25,874.06
19,225.19FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN
14,558.16ENTERPRISE G & A HEATING GAS
33,783.35
170.24WATER UTILITY G&A GENERAL CUSTOMERSCHEW, GARY
170.24
7.18-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK
15.12ADMINISTRATION G & A POSTAGE
100.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS
305.55ADMINISTRATION G & A MEETING EXPENSE
10.00ADMINISTRATION G & A MILEAGE-PERSONAL CAR
30.79HUMAN RESOURCES GENERAL SUPPLIES
203.72HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT
68.35HUMAN RESOURCES MEETING EXPENSE
325.19COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT
87.96COMMUNITY OUTREACH G & A MEETING EXPENSE
81.03E-GOVERNMENT SUPPORT/SERVICES GENERAL SUPPLIES
4.95DESKTOP SUPPORT/SERVICES GENERAL SUPPLIES
60.07NETWORK SUPPORT SERVICES DATACOMMUNICATIONS
5.33FINANCE G & A OFFICE SUPPLIES
21.42FINANCE G & A MEETING EXPENSE
58.75GENERAL BUILDING MAINTENANCE EQUIPMENT PARTS
136.08POLICE G & A OPERATIONAL SUPPLIES
199.00DARE PROGRAM OPERATIONAL SUPPLIES
731.82DARE PROGRAM TRAVEL/MEETINGS
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 5
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5Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
250.00PATROLTRAINING
1,280.00ERUTRAINING
67.10OPERATIONSOFFICE SUPPLIES
158.06OPERATIONSGENERAL SUPPLIES
48.00OPERATIONSOPERATIONAL SUPPLIES
96.72OPERATIONSSMALL TOOLS
925.00OPERATIONSTRAINING
80.00ORGANIZED REC G & A TRAINING
25.05ORGANIZED REC G & A MEETING EXPENSE
3.79ORGANIZED REC G & A INTEREST/FINANCE CHARGES
35.00TENNISSUBSCRIPTIONS/MEMBERSHIPS
6.40WINTER RINKS GENERAL SUPPLIES
65.00ENVIRONMENTAL G & A TRAINING
77.68INVASIVE PLANT MGMT/RESTORATIO OTHER IMPROVEMENT SUPPLIES
42.20WESTWOOD G & A GENERAL SUPPLIES
325.00WESTWOOD G & A TRAINING
3.21ENTERPRISE G & A GENERAL SUPPLIES
12.27BUILDING MAINTENANCE GENERAL SUPPLIES
42.76INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIES
69.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPS
10.65BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES
10.29-CABLE TV BALANCE SHEET DUE TO OTHER GOVTS
31.79TV PRODUCTION GENERAL SUPPLIES
168.53SENIOR VIDEO CLUB GENERAL SUPPLIES
6,250.87
13,750.00COMM & MARKETING G & A PRINTING & PUBLISHINGCITY IMAGE COMMUNICATIONS
13,750.00
1,017.75CONCESSIONS/HOCKEY ASSOC CONCESSION SUPPLIESCOCA-COLA BOTTLING CO
1,017.75
150.00BASKETBALLOTHER CONTRACTUAL SERVICESCOLWELL, JOE
150.00
594.50ENGINEERING G & A GENERAL PROFESSIONAL SERVICESCOMMISSIONER OF TRANSPORTATION
224.64SYSTEM REPAIR OTHER CONTRACTUAL SERVICES
3,331.12CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI
4,150.26
4,479.25EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S
4,479.25
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 6
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6Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
414.91BUILDING MAINTENANCE GENERAL SUPPLIESCONTINENTAL RESEARCH CORP
414.91
66.60INSPECTIONS G & A CERTIFICATE OF COMPLIANCECRAFTSMEN HOME IMPROVEMENTS
66.60
3,272.80SEWER UTILITY G&A EQUIPMENT PARTSCUES
3,272.80
281.39GENERAL REPAIR EQUIPMENT PARTSCUMMINS NPOWER LLC
281.39
227.78GENERAL REPAIR EQUIPMENT MTCE SERVICECUSTOM HOSE TECH INC
227.78
22.82GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYDALCO ENTERPRISES INC
215.82BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES
238.64
53.84WATER UTILITY G&A GENERAL CUSTOMERSDAMRO, NICHOLAS
53.84
106.57WATER UTILITY G&A OFFICE SUPPLIESDAY-TIMERS INC
106.57
184.89ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICEDYMANYK ELECTRIC INC
184.89
1,500.00GARAGE MTCE BUILDING MTCE SERVICEEGAN COMPANIES INC
340.00SYSTEM REPAIR OTHER CONTRACTUAL SERVICES
3,150.00INSTALLATIONOTHER CONTRACTUAL SERVICES
4,990.00
1,163.75WATER UTILITY G&A OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC
1,163.75SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES
1,163.75SOLID WASTE G&A OTHER CONTRACTUAL SERVICES
1,163.75STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
4,655.00
750.00TREE MAINTENANCE CLEANING/WASTE REMOVAL SERVICEEMERY'S TREE SERVICE INC
750.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 7
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7Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
617.77GENERAL REPAIR EQUIPMENT PARTSENVIRONMENTAL EQUIPMENT & SERV
617.77
125.00BRICK HOUSE (1324)OTHER IMPROVEMENT SUPPLIESERICKSONS SEWER SERVICE INC
125.00
48.13PREVENTATIVE MAINTENANCE EQUIPMENT PARTSFACTORY MOTOR PARTS CO
48.13
387.23WATER UTILITY G&A EQUIPMENT MTCE SERVICEFILTRATION SYSTEMS INC
387.23
189.80OPERATIONSOPERATIONAL SUPPLIESFIRE EQUIPMENT SPECIALTIES INC
189.80
200.00HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEFLANNIGAN, JANE
200.00
87.50WATER UTILITY G&A GENERAL SUPPLIESFLOYD TOTAL SECURITY
53.45WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES
140.95
216.75GENERAL REPAIR EQUIPMENT PARTSFORCE AMERICA INC
216.75
726.91OFFICE EQUIP MTCE OTHERG S DIRECT
726.91
82.44HUMAN RESOURCES CITEGLAPA, SHAWN
82.44
2,975.70FABRICATIONOTHER IMPROVEMENT SUPPLIESGOPHER SIGN
2,975.70
332.23WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC
332.23
2,500.00APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENTGOVERNMENTJOBS.COM INC
2,500.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 8
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8Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
151.52GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESGRAINGER INC, WW
103.95H.V.A.C. EQUIP. MTCE BLDG/STRUCTURE SUPPLIES
80.62FABRICATIONOTHER IMPROVEMENT SUPPLIES
336.09
740.00SYSTEM REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR
740.00
2,107.14GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESHANSON, TIMOTHY
2,107.14
29,037.12VEHICLE MAINTENANCE G&A MOTOR FUELSHARTLAND FUEL PRODUCTS LLC
29,037.12
12,880.58WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC
12,880.58
275.00BASKETBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY
275.00
1,945.46POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH
1,030.00OPERATIONSRADIO COMMUNICATIONS
362.00OPERATIONSEMERGENCY PREPAREDNESS
3,337.46
804.53POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY SHERIFFS ACCTG
804.53
2,856.00ADMINISTRATION G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY TREASURER
2,856.00
10.02GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES
48.77TRAFFIC CONTROL OTHER IMPROVEMENT SUPPLIES
16.94PARK MAINTENANCE G & A GENERAL SUPPLIES
18.55WATER UTILITY G&A GENERAL SUPPLIES
6.49WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES
87.84WATER UTILITY G&A OTHER
100.02SEWER UTILITY G&A GENERAL SUPPLIES
67.73SEWER UTILITY G&A SMALL TOOLS
17.08SEWER UTILITY G&A BLDG/STRUCTURE SUPPLIES
243.89SEWER UTILITY G&A OTHER
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 9
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9Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
43.48SEWER UTILITY G&A BUILDING MTCE SERVICE
660.81
33.53WATER UTILITY G&A SMALL TOOLSHOME HARDWARE
6.68SEWER UTILITY G&A GENERAL SUPPLIES
40.21
45.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSIATN
45.00
47.04ORGANIZED REC G & A GENERAL SUPPLIESIKON OFFICE SOLUTIONS
60.23WESTWOOD G & A EQUIPMENT MTCE SERVICE
107.27
1,154.95CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC
1,154.95
203.44SANDING/SALTING EQUIPMENT PARTSINDELCO
203.44
593.95GENERAL REPAIR EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M
593.95
132.69ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN
65.02POLICE G & A OTHER CONTRACTUAL SERVICES
197.71
293.33HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEJEWELL, JILL
293.33
49.31BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESJOHN HENRY FOSTER MN
49.31
274.00BASKETBALLOTHER CONTRACTUAL SERVICESJOHNSON, SHAWN
274.00
262.02GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESK & K SALES
262.02
41.52WATER UTILITY G&A GENERAL CUSTOMERSKATZ, JOSIF
41.52
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 10
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10Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
7,350.00CE INSPECTION OTHER CONTRACTUAL SERVICESKLM ENGINEERING INC.
7,350.00
50.20INSPECTIONS G & A PLUMBINGKRAMER MECHANICAL PLUMBING & H
50.20
100.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSKUBES, DANIEL
100.00
72.42PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVESLANO EQUIPMENT INC
72.42
76.61GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC
76.61
15.00PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPSLEAGUE OF MN CITIES
15.00ENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPS
15.00TRAININGSUBSCRIPTIONS/MEMBERSHIPS
30.00REILLY G & A SUBSCRIPTIONS/MEMBERSHIPS
75.00
231.00HUMAN RIGHTS SUBSCRIPTIONS/MEMBERSHIPSLEAGUE OF MN HUMAN RTS COMM
231.00
6.10WATER UTILITY G&A GENERAL CUSTOMERSLEE, JARED
6.10
517.40PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESLEGEND TECHNICAL SERVICES
517.40
1,500.00ESCROWSBROOKSIDE TRAFFIC STUDYLINDGREN, NICK
1,500.00
86.95WATER UTILITY G&A GENERAL CUSTOMERSLIVINGS, ELAINA
86.95
273.60POLICE G & A EQUIPMENT MTCE SERVICELOFFLER COMPANIES
273.60
100.00BASKETBALLOTHER CONTRACTUAL SERVICESLUDWIG, SCOTT
100.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 11
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Vendor AmountBusiness Unit Object
265.98TREE MAINTENANCE GENERAL SUPPLIESM&I SUPPLY CO
265.98
112.50BROOMBALLOTHER CONTRACTUAL SERVICESMADISON, DANIEL
112.50
156.20INSPECTIONS G & A BUILDINGMAJESTIC RENOVATIONS INC
156.20
2,900.00WATER UTILITY G&A BUILDING MTCE SERVICEMANAGED SERVICES INC
2,900.00
65.24PARK BUILDING MAINTENANCE GENERAL SUPPLIESMENARDS
55.18BRICK HOUSE (1324)OTHER IMPROVEMENT SUPPLIES
16.88WESTWOOD G & A GENERAL SUPPLIES
66.20GENERAL REPAIR GENERAL SUPPLIES
203.50
1,790.93OPERATIONSFIRE EQUIPMENTMES - MIDAM
1,790.93
1,666.50STORM WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPSMETRO BLOOMS
1,666.50
424.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS
424.00
285,423.79OPERATIONSCLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL
285,423.79
80.55POLICE G & A GENERAL PROFESSIONAL SERVICESMID AMERICA BUSINESS SYSTEMS
80.55
100.00BASKETBALLOTHER CONTRACTUAL SERVICESMILLER, ANTHONY
100.00
96.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS AREA ASSOC REALTOR
96.00
46.00SEWER UTILITY G&A LICENSESMINNESOTA POLLUTION CONTROL AG
46.00
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 12
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02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
1,706.94COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICEMOTOROLA
1,706.94
25.00OPERATIONSTRAININGMSFCA
25.00
671.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMVTL LABORATORIES
671.00
32.45PREVENTATIVE MAINTENANCE EQUIPMENT PARTSNAPA (GENUINE PARTS CO)
125.57GENERAL REPAIR GENERAL SUPPLIES
1,320.85GENERAL REPAIR EQUIPMENT PARTS
1,478.87
1,047.51GENERAL BUILDING MAINTENANCE EQUIPMENT MTCE SERVICENATL AUTOMATIC SPRINKLER CO
1,047.51
20,478.37SOLID WASTE G&A MACHINERY & AUTO EQUIPMENTNELSON AUTO CENTER
20,478.37
737.50BROOMBALLOTHER CONTRACTUAL SERVICESNEUMANN, NEAL
737.50
1,685.00GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICENEWMECH CO INC
1,685.00
78.00ADMINISTRATION G & A TELEPHONENEXTEL COMMUNICATIONS
160.20HUMAN RESOURCES TELEPHONE
339.19RESEARCH & DEVELOPMENT TELEPHONE
71.00ASSESSING G & A TELEPHONE
121.79FINANCE G & A TELEPHONE
251.97EDA / HA REIMBURSEMENT TELEPHONE
1,095.15POLICE G & A TELEPHONE
480.27OPERATIONSTELEPHONE
71.00INSPECTIONS G & A TELEPHONE
281.80ENGINEERING G & A TELEPHONE
419.62PUBLIC WORKS OPS G & A TELEPHONE
88.52PARK AND REC G&A TELEPHONE
399.45ORGANIZED REC G & A TELEPHONE
255.71PARK MAINTENANCE G & A TELEPHONE
71.00ENVIRONMENTAL G & A TELEPHONE
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 13
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02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
279.49WESTWOOD G & A TELEPHONE
71.00REC CENTER/AQUATIC PARK SAL TELEPHONE
78.93VEHICLE MAINTENANCE G&A TELEPHONE
394.81WATER UTILITY G&A TELEPHONE
131.03SEWER UTILITY G&A TELEPHONE
37.26SOLID WASTE G&A TELEPHONE
5,177.19
225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESNGUYEN ARCHITECTS
225.00
101.54WATER UTILITY G&A GENERAL CUSTOMERSNORMAN, CHRISTIAN
101.54
692.71-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSNORTH AMERICAN SALT CO
30,687.04SANDING/SALTING OTHER IMPROVEMENT SUPPLIES
29,994.33
105.21REFORESTATIONLANDSCAPING MATERIALSNORTH CENTRAL REFORESTATION IN
105.21
12.73-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSNORTHERN SAFETY CO INC.
208.63VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SUPPLY
195.90
120.61WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESNORTHERN WATER WORKS SUPPLY
120.61
185.52ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE
185.52
12,025.002008A UTIL REV BOND PROJECT BUILDINGS & STRUCTURESOERTEL ARCHITECTS
12,025.00
90.20WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK
90.20
17.22ASSESSING G & A OFFICE SUPPLIESOFFICE DEPOT
78.33FINANCE G & A OFFICE SUPPLIES
16.44GENERAL INFORMATION OFFICE SUPPLIES
159.83PATROLOPERATIONAL SUPPLIES
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 14
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14Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
28.74COMMUNICATIONS/GV REIMBURSEABL OPERATIONAL SUPPLIES
195.92INSPECTIONS G & A GENERAL SUPPLIES
199.28PUBLIC WORKS G & A OFFICE SUPPLIES
6.29HOUSING REHAB G & A OFFICE SUPPLIES
96.86SEWER UTILITY G&A OFFICE SUPPLIES
798.91
263.71NETWORK SUPPORT SERVICES DATACOMMUNICATIONSOFFICE OF ENTERPRISE TECHNOLOG
125.72VOICE SYSTEM MTCE TELEPHONE
8,410.97FACILITY OPERATIONS TELEPHONE
202.68NEIGHBORHOOD OUTREACH TELEPHONE
1,520.06COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
10,523.14
148.50INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM
148.50
106.50PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICESON SITE SANITATION
106.50
192.11GENERAL REPAIR EQUIPMENT PARTSPARTS PLUS
192.11
35.00FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESPASCOE, NANCY
35.00
12.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATPETTY CASH
26.65ADMINISTRATION G & A MEETING EXPENSE
25.40ADMINISTRATION G & A MILEAGE-PERSONAL CAR
5.12HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT
21.00FINANCE G & A MEETING EXPENSE
39.00INSPECTIONS G & A GENERAL SUPPLIES
87.50INSPECTIONS G & A TRAINING
25.46INSPECTIONS G & A MEETING EXPENSE
20.00INSPECTIONS G & A LICENSES
8.75WATER UTILITY G&A OFFICE SUPPLIES
270.88
24.68WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC
8.40WESTWOOD G & A POSTAGE
45.56WESTWOOD G & A MILEAGE-PERSONAL CAR
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 15
02/25/2009CITY OF ST LOUIS PARK 9:19:00R55CKSUM LOG23000VO
15Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
6.67FAMILY PROGRAMS GENERAL SUPPLIES
9.56HALLOWEEN PARTY GENERAL SUPPLIES
1.33SCHOOL RELEASE PRGMS GENERAL SUPPLIES
96.20
58.00FITNESS PROGRAMS PROGRAM REVENUEPHIMISTER, MEGHAN
58.00
1,941.37GENERAL REPAIR EQUIPMENT PARTSPOMP'S TIRE SERVICE INC
1,941.37
300.00WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESPORT-A-WELDING INC
300.00
4,000.00BROCHUREPOSTAGEPOSTMASTER - PERMIT #603
275.78WATER UTILITY G&A POSTAGE
275.78SEWER UTILITY G&A POSTAGE
275.78SOLID WASTE COLLECTIONS POSTAGE
275.78STORM WATER UTILITY G&A POSTAGE
5,103.12
51.45PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICESPRINTERS SERVICE INC
144.00ICE RESURFACER EQUIPMENT MTCE SERVICE
195.45
420.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESPROGRESSIVE CONSULTING ENGINEE
4,220.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDI
4,640.00
7,811.37ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESQUALITY RESTORATION SERVICES I
273.84CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI
8,085.21
50.93VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER
50.93
645.87FACILITY OPERATIONS TELEPHONEQWEST
110.54COP SHOP TELEPHONE
104.45COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
522.25COMMUNICATIONS/GV REIMBURSEABL DATACOMMUNICATIONS
1,417.41E-911 PROGRAM TELEPHONE
2,800.52
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 16
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16Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
454.42ICE RESURFACER EQUIPMENT MTCE SERVICER & R SPECIALTIES
454.42
1,499.04FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC
742.46REC CENTER BUILDING GARBAGE/REFUSE SERVICE
73.62WATER UTILITY G&A GARBAGE/REFUSE SERVICE
608.34SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE
2,923.46
88.93WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING
88.93SEWER UTILITY G&A POSTAGE
88.93SOLID WASTE COLLECTIONS POSTAGE
88.92STORM WATER UTILITY G&A POSTAGE
355.71
225.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPSRECYCLING ASSOC OF MN
225.00
917.93-UNINSURED LOSS B/S DUE TO OTHER GOVTSRESORT CABANAS
15,039.93UNINSURED LOSS G&A UNINSURED LOSS
14,122.00
69.50INSPECTIONS G & A CERTIFICATE OF COMPLIANCEREYNOLDS, KEN
69.50
50.40FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRICHARDSON, TERESA
50.40
175.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPSSAM'S CLUB
82.62WINTER RINKS GENERAL SUPPLIES
70.00PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
35.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS
33.71CONCESSIONSGENERAL SUPPLIES
396.33
87.86GENERAL REPAIR EQUIPMENT PARTSSCHARBER & SONS
87.86
51.11PARK MAINTENANCE G & A GENERAL SUPPLIESSCHERER BROS. LUMBER CO.
84.48-PARK MAINTENANCE G & A BLDG/STRUCTURE SUPPLIES
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 17
02/25/2009CITY OF ST LOUIS PARK 9:19:00R55CKSUM LOG23000VO
17Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
125.29PARK BUILDING MAINTENANCE GENERAL SUPPLIES
91.92
101.79ASSESSING G & A MILEAGE-PERSONAL CARSCHOMER, KELLEY
101.79
500.00BASKETBALLOTHER CONTRACTUAL SERVICESSCULLY, KEVIN
500.00
308.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESSEH
308.00
402.00FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH
402.00
36.12ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIESSHERWIN WILLIAMS
36.12
50.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCESKOTT-MORGAN, MICHELLE
50.00
53.00INSPECTIONS G & A ELECTRICALSOUTH SIDE ELECTRIC
53.00
1,532.01BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSTATE SUPPLY CO
1,532.01
4,979.94POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S
70.26PATROLPOLICE EQUIPMENT
568.71RANGEPOLICE EQUIPMENT
95.84WATER UTILITY G&A SMALL TOOLS
5,714.75
2,691.27GENERAL REPAIR TIRESSUBURBAN TIRE WHOLESALE
58.58GENERAL REPAIR EQUIPMENT PARTS
2,749.85
71.50CDBG G & A OTHER CONTRACTUAL SERVICESSUN NEWSPAPERS
71.50
19.35ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC
19.35
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 18
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18Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
96.22WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESTERMINIX INT
96.22
722.50ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL
722.50
402.76CE INSPECTION IMPROVEMENTS OTHER THAN BUILDITKDA
402.76
1,135.40EMPLOYEE FLEX SPEND G&A TUITIONTOMASKO, MARY
1,135.40
1,156.50SUPERVISORYOPERATIONAL SUPPLIESUNIFORMS UNLIMITED
450.00PATROLOPERATIONAL SUPPLIES
1,457.30COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES
3,063.80
144.48WATER UTILITY G&A GENERAL CUSTOMERSUNION CONGREGATIONAL CHURCH
144.48
168.95POLICE G & A OPERATIONAL SUPPLIESUNION SPRINGS PHARMACEUTICALS
168.95
2,795.31WATER UTILITY G&A OTHERUNITED RENTALS NORTHWEST INC
2,795.31
100.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTATUNIVERSITY OF MINNESOTA REGIST
80.00TRAININGSEMINARS/CONFERENCES/PRESENTAT
200.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT
80.00ORGANIZED REC G & A TRAINING
660.00PARK MAINTENANCE G & A SEMINARS/CONFERENCES/PRESENTAT
165.00ENVIRONMENTAL G & A SEMINARS/CONFERENCES/PRESENTAT
900.00WATER UTILITY G&A TRAINING
2,185.00
110.00POLICE G & A OTHER CONTRACTUAL SERVICESUNO DOS TRES COMMUNICATIONS
110.00
73.79POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC
78.42OPERATIONSTELEPHONE
152.21
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 19
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19Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
103.00HUMAN RESOURCES RECOGNITIONVAIL, LORI
219.70HUMAN RESOURCES MEETING EXPENSE
322.70
16.53SEWER UTILITY G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC
16.53
253.83GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESVIKING DISCOUNT BLINDS
253.83
14.45-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSVIKING ID PRODUCTS
236.77VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
222.32
223.20WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC
223.20
744.02BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESWAVS INC
744.02
225.00BASKETBALLOTHER CONTRACTUAL SERVICESWELDON, DAN
225.00
106.93WATER UTILITY G&A GENERAL CUSTOMERSWELLS FARGO HOME MORTGAGE
106.93
891.13HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEWESTWOOD HILLS NEIGHBORHOOD AS
891.13
534.50INSPECTIONS G & A GENERAL SUPPLIESWILLIAMS SCOTSMAN INC
534.50
14.41WATER UTILITY G&A GENERAL CUSTOMERSWOODS, CALE
14.41
22.05OPERATIONSELECTRIC SERVICEXCEL ENERGY
29,085.52PUBLIC WORKS OPS G & A ELECTRIC SERVICE
4,757.60PARK MAINTENANCE G & A ELECTRIC SERVICE
27.68BRICK HOUSE (1324)ELECTRIC SERVICE
77.52WW RENTAL HOUSE (1322)ELECTRIC SERVICE
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 20
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20Page -Council Check Summary
02/27/2009 -02/14/2009
Vendor AmountBusiness Unit Object
26,654.67WATER UTILITY G&A ELECTRIC SERVICE
1,803.48OPERATIONSELECTRIC SERVICE
4,135.48SEWER UTILITY G&A ELECTRIC SERVICE
1,313.33OPERATIONSELECTRIC SERVICE
67,877.33
3,857.25WIRELESS G & A OTHER CONTRACTUAL SERVICESXO COMMUNICATIONS
3,857.25
24.09PUBLIC WORKS OPS G & A GENERAL SUPPLIESZEE MEDICAL SERVICE
24.10PARK MAINTENANCE G & A GENERAL SUPPLIES
24.09VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
72.28
27.63-EQUIPMENT REPLACEMENT B/S DUE TO OTHER GOVTSZIEBART OF MINNESOTA INC
452.63EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
425.00
Report Totals 776,548.84
Meeting of March 2, 2009 (Item No. 4e)
Subject: Vendor Claims Page 21
Meeting Date: March 2, 2009
Agenda Item #: 4f
OFFICIAL MINUTES
Parks and Recreation Advisory
Commission Meeting
December 3, 2008, 7 p.m.
The Rec Center Banquet Room
1. Call to Order
Steve Hallfin, Chair, called the meeting to order at 7 p.m.
Commission members present: Jenny Coig, Bruce Cornwall, George Foulkes, George Hagemann,
Steve Hallfin, Kirk Hawkinson, and Tom Worthington.
Commission members absent: None.
Staff present: Rick Beane, Park Superintendent, Rick Birno, Recreation Superintendent, Craig
Panning, Manager of Buildings and Structures, Stacy Voelker, Recording Secretary, and Cindy
Walsh, Director of Parks and Recreation.
Others present: Residents interested in the installation of lights at the Off-Leash Dog Park located in
Dakota Park.
2. Presentation: Hockey Association
A representative from the Hockey Association was not present. Ms. Voelker will contact and
reschedule.
3. Approval of Minutes
a. Parks and Recreation Advisory Commission Minutes October 22, 2008
Members discussed and requested the spelling of “budged” be changed to “budgeted” in the
second paragraph on page two, line three.
It was moved by Commission member Mr. Foulkes to approve the minutes from the
regular meeting of the Parks and Recreation Advisory Commission as corrected. The
motion passed 7-0.
Meeting of March 2, 2009 (Item No. 4f) Page 2
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
4. New Business
a. Proposition for lights at the Dakota Off-Leash Dog Park
Ms. Walsh introduced herself to the guests present and gave a brief update on the meeting
procedure. Members and staff introduced themselves. Ms. Walsh asked for all to sign in and
indicated minutes of this meeting will be sent to all which will include recommendations
from the Commission.
Mr. Hallfin reviewed proposal as indicated on staff memo and petition. Mr. Hallfin advised
the guests the Commission will review the proposal and recommend to Council their
recommendation on how to proceed. The Council makes the ultimate decision; the
Commission is a recommending committee.
Resident, Mike McDonald, indicated he contacted Councilmember Sue Sanger who
recommended a spokesperson contact the Commission. Mr. McDonald, spokesperson,
distributed a handout to discuss two requested items: windscreen/windbreak and lighting.
Mr. McDonald indicated the area is very open and the wind is strong through that area. The
users would like a windbreak added to the dog park.
Mr. McDonald indicated the users would like additional lighting at the dog park. He advised
users miss three hours during the day; the busiest time of day which is after work. The most
dogs he has seen at the park are 27 which are rare they are there at the same time. Users value
the park very much and do not want to do anything to jeopardize its existence. Mr.
McDonald suggested lights on a timer that shut off at 8:30 p.m. when the park closes. Two
other residents present indicated it is very dark and they struggle to clean up as they cannot
see in the dark. They suggested one street light in center of park and one at entrance but not
lit up like a ball park. They feel it’s important to have the dog park to exercise but also
concerned for public safety and public health.
Mr. McDonald suggested the need for ADA accessibility as two identified residents in
wheelchairs utilize the park. He also suggested additional parking as parking on the streets is
an issue. While many users walk to the park, the ones that drive want to park as close as
possible.
Two other residents indicated they are asking for three things: flood light for safety reasons;
clean-up bags as they pay a permit fee and it’s a health issue; and to raise the dog license fee
to $50 which would cover the off-leash area also. They feel over half of the people utilizing
the off leash park do not have permit tags. They also requested a discount for disabled
individuals and seniors as they may not be able to afford a license or permit (suggested
charging $20 versus $50). They indicated a majority of the people that use the dog park at
Meeting of March 2, 2009 (Item No. 4f) Page 3
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
night are women and disabled individuals. They feel the number one job of the Council is to
provide safety; they want to avoid a law suit and also want the dog park to be around when
their children are grown.
Mr. McDonald offers his services to proceed with requests. Mr. McDonald also mentioned
other cities have running water and they police the dog park and fine if users do not have a
permit. He mentioned reciprocity with other cities would be beneficial also.
Mr. Hallfin opened for questions from the Commission. Mr. Hawkinson asked if the
requests are pertinent only in winter; Mr. McDonald advised yes.
Mr. Hallfin inquired if anyone is opposed to the requests. A resident that has lived in the
area 36 years agrees there should be lighting to have access to the area but does not agree the
entire area should be lit; the users should bring flashlights to find droppings. Also feels dog
owners should provide their own plastic bags as the people that walk to the park must pick
up droppings so they should have a bag or bags with them. The resident has had dogs and
sees a lot of irresponsible dog owners that leave droppings when walk dogs; he does not want
more development at the dog park which would attract more irresponsible owners. The
resident has used the dog park in the past but does not any longer as there were issues with
irresponsible owners who do not follow rules nor pick up droppings. Mr. Hallfin clarified the
request for good lighting in the parking lot and lights on the path to the dog park. A
comment was made that the trees in the dog park are thinning and unsure if it’s due to the
dogs; unpleased with losing trees.
Mr. Foulkes inquired of Mr. McDonald what might be provided financially. Mr. McDonald
is unsure but has received comments from other users that they will contribute. Mr.
Worthington feels the improvements that would take place are part of the CIP and is already
established in 2009. The Commission could recommend staff proceed with the public
process. Mr. Worthington indicated there will be improvements scheduled in 2009 at
Dakota Park and the Council, after public process, could amend the 2009 CIP. Ms. Walsh
advised it is not currently in the CIP but Council makes the ultimate decision after a public
process takes place.
Mr. Birno indicated he has received phone calls regarding this request and a clear message
was received that users want a lot of lights which is different than what Mr. McDonald is
requesting. Mr. Birno asked for clarification. Mr. McDonald advised they are requesting
lighting so users can see; not fused throughout the park which would take away from the
ambiance of the park. Mr. McDonald advised users fill in holes on a regular basis; the
woodchips received which were requested through Sue Sanger were greatly appreciated. A
bigger issue is the dogs cannot be seen. There have not been issues with aggressive dogs and
users monitor usage of the park.
Meeting of March 2, 2009 (Item No. 4f) Page 4
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
Mr. Cornwall inquired on examples of dog parks that have good lighting. Mr. McDonald
advised the park in Edina at Highway 169 and Valley View and the park at Lake of the
Isles/Kenwood area have single poles which are adequate. He also indicated users do bring
flash lights.
A resident inquiry if dog park licenses are tallied. Ms. Walsh advised the Inspections
Department provides licenses and a tally could be acquired.
Members discussed and Mr. Foulkes recommends the Commission take under advisement
and discuss. Mr. Hagemann advised good concerns were expressed and likes to hear
suggestions. Residents indicate they appreciate the time and consideration of the
Commission and staff.
Commission members discussed how groups could be categorized ((i.e. dog park). Ms.
Walsh advised groups can be together with one or two representatives as spokes people and
contact people.
Members discussed the requests and agreed that area is very dark and would be beneficial to
have a light. Feels timer to turn off at 8:30 p.m. is reasonable. Mr. Beane advised a power
source would need to be run at an expense of approximately $4,000 - $5,000. Could put
LED lights at the double gate and in the parking lot. The lights could be similar to the splash
pad operation where users would hit a bollard to turn on; would not turn on after 8:30 p.m.
nor in the summer when it’s still light. Mr. Hagemann would like to view a more precise
estimate to add a light in the park and parking lot. Ms. Walsh agreed to discuss in January a
more adequate estimate after understanding their wants. Ms. Walsh advised if the
Commission approves, the request will be brought through a public process already needed
for the other Dakota Park CIP improvements.
Members would like their group representative to discuss and list priorities for that area. Fees
were discussed. Ms. Walsh advised the City of Minneapolis has been approached for
reciprocity and they declined. Members inquired on the Carlson dog park; Mr. Beane
advised no issues have been heard in that area. Mr. Cornwall inquired if lighting was initially
discussed by the task force; staff advised it was discussed and the task force was opposed at
that time.
Mr. Beane indicated it is possible to expand the parking and add two lights in that area to be
included in the 2009 CIP. Mr. Foulkes inquired if more handicap parking areas could be
installed; Mr. Beane advised more could be added if more parking places added. Mr. Foulkes
inquired on permit parking in that area. Members discussed and feel it could be done but the
process is extensive.
Meeting of March 2, 2009 (Item No. 4f) Page 5
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
Ms. Walsh advised this item will be on the January agenda with a new proposal. Mr.
Hagemann will contact Mr. MacDonald to get more organized and come to a meeting in the
future.
b. Minnehaha Creek Clean Up Date for 2009
Members discussed last years clean up which was held on April 19 which was cool but good
due to low water levels. Members discussed date and agreed to hold the clean up 10 a.m. to
noon on Saturday, April 25 with Saturday, May 2 as the rain date. Participants will meet at
Creekside Park with a cookout provided by staff to follow. Mr. Birno requested RSVP’s be
accepted with a 9:30 a.m. check in. Possibly get Boy Scouts and Girl Scouts or other
volunteer groups to assist. Staff will assign areas prior to the beginning of the clean up.
Mr. Hawkinson inquired if PRAC meeting will follow; Mr. Hallfin advised last year a special
meeting was required and is unsure if a special meeting is needed this year.
c. Elect Officials for 2009
Mr. Hallfin advised official terms are up. Mr. Hallfin nominated Mr. Hawkinson as Chair
and Mr. Hagemann as Vice Chair. Mr. Foulkes seconded nomination.
Mr. Hallfin motions to recommend Kirk Hawkinson as Chair and George Hagemann
as Vice Chair. The motion passed 7-0.
Mr. Cornwall advised he is resigning from the Commission. He indicated it has been a
pleasure to work with members. Mr. Cornwall indicated he will still be involved in the clean
up and other special events. Members indicated he will be missed and the Commission will
miss his viewpoint.
5. Old Business
a. Vision Strategic Directions: Preserving, Enhancing, and Providing Good
Stewardship of our Parks Discussion
Ms. Voelker distributed and members reviewed the list from all members. Ms. Walsh advised
would like Commission to recommend top three to work on in 2009. Mr. Cornwall feels
many are the same and sustainable is the key in landscape (i.e. whether ball park or wetland).
Mr. Hallfin opened the discussion. Mr. Worthington feels sustainable landscapes and parks
and natural settings are top; feels natural resource inventory is important. Ms. Walsh
indicated it is identified in the CIP but could emphasize more if necessary. It will begin with
developed areas then move to undeveloped areas.
Meeting of March 2, 2009 (Item No. 4f) Page 6
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
Members discussed and agreed on the top three broad topics as follows:
1. Parks in natural settings should be managed in a way that preserves the natural integrity
of the habitat that exists at the properties to ensure that the natural community is
preserved and animal populations living there are maintained in a balanced way.
2. Create a natural resources inventory and implement plan and recommendations.
3. Partner with other organizations to foster, implement and promote Natural Resource
initiatives – DNR (FIN and Re-leaf), Hennepin County, Minnehaha Creek Watershed
District, Bassett Creek Watershed, etc.).
Mr. Cornwall motions to recommend the above top three as primary goals. Hearing no
descent, motion passed 7-0.
6. Communications
a. Chair
Mr. Hallfin indicated it has been a pleasure being the chair of the Commission for a year. He
enjoyed meeting with the Council to discuss the annual work plan; feels the Commission is
comprised of good individuals; would like to fill the student representative position.
b. Commissioners
Mr. Worthington advised he received a grant approval in the amount of $2,000 from the
Watershed District to assist with the purchase of supplied needed for the Minnehaha Creek
Clean-up (i.e. gloves, waders, tools, lunch, disposal, etc.). Mr. Worthington will find out if
an official city process is needed to accept the grant. Commission members thanked Mr.
Worthington.
Ms. Coig inquired if the park by the Municipal Service Center will be impacted by the
proposed renovation; Ms. Walsh indicated it may need storm water upgrade but will be
minimally affected.
Mr. Hawkinson feels it may be beneficial to have representatives from the neighborhood
associations on the Commission. Ms. Walsh advised staff mails to all effected and has direct
meetings with organized neighborhoods. Mr. Birno provided an example and indicated
Marney Olson in the Police Department is the coordinator for neighborhoods so they get
heard. Mr. Hawkinson inquired on the bee hive. Mr. Birno advised it looks great as it is in
the ground and the move went better than anticipated. In spring, work will continue and a
ribbon cutting will take place.
Mr. Foulkes complimented Mr. Hallfin on Chairing the Commission for the past year and
indicated he enjoyed working with Mr. Cornwall and will miss him.
Meeting of March 2, 2009 (Item No. 4f) Page 7
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
Mr. Cornwall thanked all.
c. Friends of the Arts Grant Update
Mr. Hagemann advised all members will have access to Friends of the Arts regular newsletter
through Ms. Voelker. The organization is looking for board members for next year and
ongoing. If interested or know people that are interested, please contact the Friends of the
Arts directly. Brochures are currently in production regarding Friends of the Arts and the
grant process. Mr. Hagemann recently participated in the annual grant process (for art based
activities in St. Louis Park). Among the 12 applicants, 7 met the minimal criteria. Mr.
Hagemann advised the grant program is underutilized.
d. Program Report
Mr. Panning indicated ice arena sales were good in 2008, the Aquatic Park was successful
and overall it was a good financial year. The demand for ice rental has not decreased;
location is favorable. Members briefly discussed the hourly ice fee. Mr. Hallfin inquired on
the banners in the west arena. Mr. Panning advised the St. Louis Park High School, Benilde-
St. Margaret’s and the Hockey Association are discussing the arrangement. The general plan
is to incorporate banners throughout the facility.
Mr. Birno advised Birchwood Park residents inquired on staffing the warming house with
volunteers; staff approved. Implementation will occur this year with neighborhood
volunteers staffing the warming house.
e. Directors Report
Ms. Walsh indicated public meetings will begin soon for CIP items and will keep the
Commission apprised of these meetings. Ms. Walsh will also provide a report on Public Art
to the Commission.
Meeting of March 2, 2009 (Item No. 4f) Page 8
Subject: Parks & Recreation Advisory Commission Minutes December 2, 2008
7. Adjournment
The meeting adjourned at 8:43 p.m.
It was moved by Commission member Mr. Hawkinson to adjourn, Mr. Cornwall seconded.
The motion passed 7-0.
Respectfully submitted,
Stacy Voelker
Stacy Voelker
Recording Secretary
Meeting Date: March 2, 2009
Agenda Item #: 4g
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF DECEMBER 4, 2008
ST. LOUIS PARK COUNCIL CHAMBERS
MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Toby Keeler, Mike
Mulligan, Rolf Peterson
MEMBERS ABSENT: David Dyer and Kirk Morrow
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator
1. Call to Order
Chair Browning called the meeting to order at 7:01 PM.
2. Roll Call
Present at roll call were Commissioners Browning, Dworsky, Hartman, Keeler, Mulligan and
Peterson.
3. Approval of Minutes for August 13, 2008
It was moved by Commissioner Dworsky, seconded by Commissioner Mulligan, to approve
the minutes of August 13, 2006.
The motion passed 6-0.
4. Adoption of Agenda
Mr. Dunlap noted that the Customer Service Manager from Comcast was not able to be
present for item 6b.
The agenda was approved as presented.
5. Public Comment - None
Meeting of March 2, 2009 (Item No. 4g) Page 2
Subject: Telecommunications Advisory Commission Minutes December 4, 2008
2
6. New Business
A. Comcast information on new cable rates and changes in services
Mr. Dunlap displayed a PowerPoint presentation showing the new service changes and rates.
The price hasn’t changed for high speed Internet, although the speed was now doubled. The
In Home Wire Maintenance plan had dropped in price from $3.95 to $1.99. Most
installation fees had remained the same. The bad news was that Standard cable will go up
$3.51, and the DVR monthly rental and Digital Starter package had also increased.
Channel 1000 has been eliminated, but the St. Louis Park Local On Demand programs can
be found on Channel 1 under “Local Civic on Demand.”
Mr. Mattern said more channels will be added to HD, but was unsure when.
Chair Browning asked if calling customer service, should they call the local number or the
800 number? Mr. Mattern replied the local number, 651-222-3333.
Mr. Dunlap asked about special offers for basic cable and if they were doing any promotions?
Mr. Mattern replied he hadn’t heard anything from marketing, but the promotion would be
a special offer before the DTV conversion in February, 2009.
Mr. Dunlap asked if HD channels come with basic cable? Mr. Mattern replied yes, with an
HD converter box.
Mr. Dunlap made a suggestion on a supplement to the price list with 3 columns: if you have
these services, you now pay x, and after January 1 you will pay y.
B. Comcast customer service update
Mr. Mattern said they had been adding more programming in the last three months. As
more analog channels open, there would be even more HD programming available.
Comcast can always use more customer service representatives—they have over 500—
because there is a lot of turn over. Representatives go through four weeks of training prior to
answering calls on their own.
Commissioner Keeler asked if there was a target hold time? Mr. Mattern replied they want
to answer calls within 30 seconds, 90% of the time.
Commissioner Hartman relayed an experience trying to initialize a box and was frustrated to
wait on hold for 20 minutes and then having to follow up with an Email.
Meeting of March 2, 2009 (Item No. 4g) Page 3
Subject: Telecommunications Advisory Commission Minutes December 4, 2008
3
Commissioner Peterson referenced a letter in the packet regarding KARE 11 and asked what
was happening? Mr. Mattern replied their agreement would be expiring soon and if they do
not reach a new agreement, Comcast would take them off the cable system, because KARE
wants to charge Comcast for transmission of their channels.
C. Comcast audit update
Mr. Dunlap stated Scott Lewis has been hired and a non-disclosure agreement had been
done with the City, Comcast and Mr. Lewis. They were currently working on the audit for
2006, 2007 and the first half of 2008. He would provide more detail at the next meeting.
D. Review School District reports
Chair Browning said he appreciated the written report.
Mr. Dunlap stated that the School had not yet purchased the three new edit systems. He
also commended School District producer Charlie Fiss for scheduling a blend of shows from
all of the schools.
Commissioner Peterson stated School Board meetings were now being broadcast with
picture in picture, which was a nice upgrade, because now when a PowerPoint slide is shown,
the viewer can still see who is talking in a smaller window.
E. WiFi hot spots Subcommittee update
Chair Browning indicated the committee met over a month ago and looked for options for
hot spots around the Rec Center. The City had settled with ARINC on WiFi and received
additional fiber for future use.
Mr. Dunlap added John McHugh hoped to have a map within the next month showing
where the fiber runs so it would be possible to determine where hot spots could go.
Potential locations were at Lenox Community Center, the Rec Center, and Westwood
Nature Center.
The Committee would schedule another meeting.
F. Broadband over powerline (BPL) update
Mr. Dunlap indicated there was no new information, but that one concern was with Ham
radio interference with broadband over powerline and he would do more research.
Meeting of March 2, 2009 (Item No. 4g) Page 4
Subject: Telecommunications Advisory Commission Minutes December 4, 2008
4
G. Set meetings for 2009
2009 meetings were scheduled as follows: February 12, May 7, August 13, October 8 and
December 3.
Mr. Dunlap would Email the Work Plan report for input. They would meet with City
Council at a Study Session on March 23rd to present it.
H. Draft Work Plan for 2009
Chair Browning suggested adding more discussion on fiber optics and suggested having a
speaker attend a meeting.
I. Draft Annual Report for 2008
Mr. Dunlap indicated this report to Council would summarize what had happened over the
past year.
J. Elect Chair & Vice Chair, effective next meeting
Chair Browning called for nominations for Chair.
Chair Browning nominated Toby Keeler for Chair.
The Commission approved nomination of Toby Keeler as Chair.
Chair Browning called for nominations for Vice Chair.
Chair Browning nominated Rolf Peterson as Vice Chair.
The Commission approved nomination of Rolf Peterson as Vice Chair.
K. NATOA conference update
Commissioner Keeler said he attended the NATOA conference in Atlanta and found it well
attended and very informative. Many of the attendees were aware of the WiFi project in St.
Louis Park. Many communities were installing dark conduit during construction projects
and would be able to pull fiber later. He believed St. Louis Park needs to study getting more
fiber in the ground and run conduit when streets were torn up. Other items discussed
included: public meetings on YouTube and Pod casts, to reach younger audiences. He
attended mostly the broadband and public policy seminars and they were very worth while
Meeting of March 2, 2009 (Item No. 4g) Page 5
Subject: Telecommunications Advisory Commission Minutes December 4, 2008
5
for learning about the industry. He attended the awards program and noted that St. Louis
Park staff had not submitted any programming for awards, and offered to help staff so that
next year they might be considered for an award.
Mr. Dunlap also attended the conference, and spoke with a Vice President of Comcast who
said that switched digital video would be coming in the next year or so. In Portland, Oregon
and Detroit, Michigan, Comcast will provide two free digital receivers to people that
currently subscribe to the analog service, which is a generous policy.
7. Unfinished Business
A. Digital TV transition publicity
Chair Browning said it was a good idea to do a video about the DTV transition. He also
said some TV stations in the east and south have done “soft” turn offs to find out how many
people are totally surprised when they lose the station. The first time it was done the station
received 1000 phone calls, and the second time there were half as many calls, so it’s a good
idea to keep publicizing the change in February, 2009. Another issue is the marginal
coverage areas that exist now with ghosting or a weak signal could be a big problem, because
the digital signal is either received clearly or is totally absent. An outside antenna is not a bad
idea and will pick up signals better than an indoor antenna. It’s a misnomer that it’s a digital
antenna that’s required, it’s not. It’s a UHF antenna that’s required, but they are marketed
as digital because that’s the buzz word.
Mr. Dunlap stated that John McHugh is doing informational sessions about this including
showing how to hook up the digital tuner.
Commissioner Keeler added there was a session at the NATOA conference on DTV and
suggested people get their coupons early and hook up the converter to try it out. Reception
in apartments or in shadows of buildings may be a problem. We want to avoid having TV’s
go into the trash and so if you buy a new TV, use the existing recycling programs. There will
be a lot of new digital TV’s purchased and a lot of old TV’s that won’t be needed anymore.
Mr. Dunlap stated Hennepin County has two recycling centers and do not charge for TV
recycling.
Commissioner Hartman asked if a digital TV can receive analog channels, and Mr. Dunlap
said that Comcast is simulcasting the signal both in analog and digital, so a customer would
receive the digital version of the analog channels.
Meeting of March 2, 2009 (Item No. 4g) Page 6
Subject: Telecommunications Advisory Commission Minutes December 4, 2008
6
B. Update on fiber optic ordinance
Mr. Dunlap stated this would be continued through next year and had no other update.
8. Reports
A. Complaints
Chair Browning asked about technician training? Mr. Mattern was unsure how long it was
but said the training is substantial and there is a training facility in Minneapolis with a house
built inside for training.
Chair Browning has had online billing with Comcast and still receives a printed monthly
statement. He asked if that’s the way it should work, since he just saw an announcement
about Eco-friendly online billing systems. Mr. Mattern said he would check into that.
Mr. Dunlap displayed a chart showing complaints about billing, programming options and
prices had gone up, but complaints about customer service had gone down for the years
2004-2008. He said the telephone number for City staff was on every cable bill in case
customers need to call with complaints or questions about cable service.
9. Communication from the Chair - None
10. Communications from City Staff - None
11. Adjournment
Commissioner Dworsky made a motion, Commission Hartman seconded to adjourn at
8:25. The motion passed.
Respectfully submitted by:
Amy L. Stegora-Peterson
Recording Secretary
Meeting Date: March 2, 2009
Agenda Item #: 4h
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:
Minor Amendment to the Final PUD for The West End, Case No. 09-03-PUD.
RECOMMENDED COUNCIL ACTION:
Motion to approve Resolution amending and restating Resolution Nos. 08-057 and 08-128 relating
to a Final Planned Unit Development for the West End Redevelopment Project located at the
Southwest Quadrant of Interstate 394 and Highway 100.
POLICY CONSIDERATION:
Should the West End PUD conditions of approval be modified to allow encroachments into the
public right-of-way for things like outdoor dining, if the property owners of The West End secure
encroachment agreements consistent with the City’s policy for Temporary Private Use of Public
Land?
BACKGROUND:
City Council approved the Final PUD for West End on April 28, 2008. The City Council also
approved a Minor Amendment to the PUD for the grocery store on October 6, 2008. The
shopping center is under construction and plans to open on September 15, 2009.
The property owner and one of the tenants for The Shops at West End are requesting a Minor
Amendment to the Final PUD to allow certain encroachments into the public right-of-way, if the
City approves an encroachment agreement in accordance with the Temporary Private Use of Public
Land Policy.
Essentially, the applicant requests a change to Condition No. 15 of Resolution Nos. 08-057 and 08-
128 to allow owner(s) at The West End to request encroachment agreements consistent with City
policies. The proposed text changes to Condition No. 15 in the attached resolution (additions are
underlined, deletions are crossed out) are as follows:
15. A business may use the sidewalk within five feet of its building wall for the
following purposes, provided the business maintains a clear walkway that is at
least eight feet wide along Park Place Boulevard and at least six feet wide
along other streets, and provided the uses do not occur in the public right-of-
way unless the City approves an encroachment agreement in accordance with
the City’s Temporary Private Use of Public Land Policy:
a. Display of merchandise, not to exceed 100 square feet per business;
Meeting of March 2, 2009 (Item No. 4h) Page 2
Subject: Minor Amendment to the Final PUD for The West End
b. Benches, planters, ornaments, art;
c. Signs permitted in the zoning ordinance; and
d. Outdoor dining. Outdoor dining areas may extend farther than five-
feet from the building wall, provided tables and chairs or other
structures obstructions are not in the public right-of-way, and
provided businesses maintain the required horizontal clearance for a
walkway between the dining area and other obstructions, such as
trees, poles, and curbs.
PROCESS:
Minor PUD amendments require City Council review and approval and mailed notice to owners
within the PUD. Minor PUD amendments do not require public hearings or notices to
surrounding property owners.
SITE LOCATION:
Photo courtesy of Duke Construction, February 2009
VISION CONSIDERATION:
None.
Meeting of March 2, 2009 (Item No. 4h) Page 3
Subject: Minor Amendment to the Final PUD for The West End
FINANCIAL OR BUDGET CONSIDERATION:
None.
Attachments: Resolution
Prepared by: Sean Walther, Senior Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of March 2, 2009 (Item No. 4h) Page 4
Subject: Minor Amendment to the Final PUD for The West End
RESOLUTION NO. 09-___
Amends and Restates Resolution Nos. 08-057 and 08-128
A RESOLUTION AMENDING AND RESTATING RESOLUTION
NOS. 08-057 AND 08-128 RELATING TO A FINAL PLANNED UNIT
DEVELOPMENT FOR THE WEST END REDEVELOPMENT PROJECT
LOCATED AT THE SOUTHWEST QUADRANT OF INTERSTATE 394
AND HIGHWAY 100
The West End Redevelopment Project
WHEREAS, A.D. West End LLC has made application to the City Council for a Minor
Amendment to a Final Planned Unit Development (Final PUD) for The West End Redevelopment
Project located at the southwest quadrant of Interstate 394 and Highway 100 and legally described
as THE SHOPS AT WEST END.
WHEREAS, the City Council considered the effect of the proposed amendment on the
health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area and the effect of the use on the
Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and
WHEREAS, a Final PUD was approved regarding the subject property pursuant to
Resolution No. 08-057 of the St. Louis Park City Council dated April 28, 2008 which contained
conditions applicable to said property; and
WHEREAS, a Minor Amendment to the Final PUD was approved regarding the subject
property pursuant to Resolution No. 08-128 of the St. Louis Park City Council dated October 6,
2008 which contained conditions applicable to said property; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that Final PUD; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
Final PUD granted by Resolution Nos. 08-057 and 08-128, to add the amendments now required,
and to consolidate all conditions applicable to the subject property in this resolution; and
WHEREAS, the contents of Planning Case File 09-03-PUD are hereby entered into and
made part of the public hearing and the record of decision for this case.
Meeting of March 2, 2009 (Item No. 4h) Page 5
Subject: Minor Amendment to the Final PUD for The West End
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution Nos. 08-057 and 08-128 are
hereby restated and amended by this resolution which continues and amends a Final Planned Unit
Development to the subject property at the location described above based on the following
conditions:
1. The uses on the subject property are limited to retail, service, restaurants, hotel, theater, and
office. The following uses are not allowed: in-vehicle sales and service (drive-through); motor
fuel stations; motor vehicle sales, service and repair; car washes; currency exchanges; check
cashing; pay loan agencies; pawnshops; sexually-oriented businesses, tattoo shops; gun shops
(not excluding a sporting goods store that sells, as part of its sporting goods inventory, guns
and ammunition).
2. The final site plan and façade design of the large retail building on Lot 4, Block 1, THE
SHOPS AT WEST END (proposed grocery store) shall require a PUD Minor Amendment
with review by the Planning Commission.
3. The hotel site plans for Lot 3, Block 1, THE SHOPS AT WEST END shall require a PUD
Major Amendment if any variances are requested. If the plan does not require a variance, the
application may be processed as a PUD Minor Amendment and include review and
recommendation of the Planning Commission.
4. The total gross floor area of restaurants shall be limited to 82,277 square feet.
5. The total number of seats in the movie theater shall be limited to 2,700 seats.
6. Tenants in Building 32 shall be limited to Mercantile (Group M) uses as defined in the 2007
Minnesota State Building Code, such as retail or wholesale stores, sales rooms, department
stores, drug stores, markets, etc.
7. The portion of the five-level retail parking structure (Building 35) that is within 20 feet of
the Gamble Drive right-of-way shall have a minimum of 60% Class I exterior materials. The
Developer shall amend the Official Exhibits to comply with this requirement.
8. The Community Development Director and Zoning Administrator or their designee(s) may
approve individual tenant/building façade designs administratively or refer proposals to the
Planning Commission and City Council for consideration, as City staff deems necessary.
9. The sign plan is subject to Community Development Director and Zoning Administrator
review and approval. Sign permits are required.
10. Access to the truck courts on the west retail block from Park Place Boulevard shall be limited
to between 8 p.m. and 10 a.m.
Meeting of March 2, 2009 (Item No. 4h) Page 6
Subject: Minor Amendment to the Final PUD for The West End
11. The access will be controlled from Park Place Boulevard to the truck courts on the west retail
block using a mechanical bollard system and directional signs in the Park Place Boulevard
right-of-way. The Developer shall enter into a Planning Development Contract with the
City of St. Louis Park that addresses this private use of public land.
12. The Developer shall maintain horizontal separation from landscaping (i.e. boulevard trees) of
at least three feet from shallow underground utilities (i.e. fiber optic cable, private utilities,
etc.), and eight feet horizontal separation from deeper underground utilities (i.e. water,
sanitary sewer, etc.).
13. Tree plantings and street furnishings shall be located in a manner that maintains at least six
feet wide clearance space in all boulevard/sidewalk areas for snow removal.
14. The Developer shall amend the Official Exhibits (The Shops at West End Design
Guidelines) to incorporate the following:
a. At pedestrian level, facades on Buildings 12, 22, 23, 24, 31, 32 and 33 shall be
primarily transparent:
1. At least 60% of facades between 3 feet and 7 feet above the first floor
elevation shall consist of pedestrian entrances, display windows or windows
affording views into retail, offices, gallery or lobby space. The West End
Tenant Design Guidelines shall illustrate the portions of the above referenced
buildings subject to this requirement.
2. Visibility into the space shall be maintained for a minimum of three feet, but
display of merchandise in this space is allowed. Display windows may be
used to meet the transparency requirement.
b. At pedestrian level (between 3 feet and 7 feet above the first floor elevation), building
facades facing public streets, West End Boulevard, or the pedestrian arcade shall have
no more than 10% of the total window area be glass block, mirrored, spandrel,
frosted or other opaque glass.
c. No more than 10% of the total window area of any building façade shall have signs
applied to the inside or outside surface of the window. The remaining 90% of
window and door area shall be clear or slightly tinted glass that allows views into and
out of the building.
d. Tenants in Buildings 12, 22, 24, 31, and 33 that are located adjacent to public
and/or private street intersections shall locate entrances at or near the adjacent
building corner.
e. Awnings and canopies shall be made of heavy canvas, fabric, metal and/or glass.
Plastic and vinyl awnings are prohibited. Backlit awnings and canopies are
prohibited.
Meeting of March 2, 2009 (Item No. 4h) Page 7
Subject: Minor Amendment to the Final PUD for The West End
15. A business may use the sidewalk within five feet of its building wall for the following
purposes, provided the business maintains a clear walkway that is at least eight feet wide
along Park Place Boulevard and at least six feet wide along other streets, and provided the
uses do not occur in the public right-of-way unless the City approves an encroachment
agreement in accordance with the City’s Temporary Private Use of Public Land Policy:
a. Display of merchandise, not to exceed 100 square feet per business;
b. Benches, planters, ornaments, art;
c. Signs permitted in the zoning ordinance; and
d. Outdoor dining. Outdoor dining areas may extend farther than five-feet from the
building wall, provided tables and chairs or other structures obstructions are not in
the public right-of-way, and provided businesses maintain the required horizontal
clearance for a walkway between the dining area and other obstructions, such as trees,
poles, and curbs.
16. The Developer shall provide easements and $285,000 for public art to help satisfy the
alternative landscaping requirements. The City and the Developer will develop a public
process to select the artists, artworks and locations.
17. The Developer shall amend Official Exhibits (utility plans) to provide separate domestic and
fire water service lines to the buildings.
18. The developer shall work with the Police Department on the design and construction of the
police substation area in Building 31. In particular, the plan shall provide windows and
doorway on the northeast building elevation along the alley.
19. The developer shall redesign the public restroom entrances in the Building 31 atrium to have
open entrances (no exterior doors to the atrium), similar to typical stadium/movie theater
restroom entrances, as requested by the Police Department.
20. At City of St. Louis Park’s sole discretion, and upon conferring with the property owner, the
property owner shall change the designation of West End Boulevard on-street parking stalls
from short-term customer parking to “pick-up/drop-off only” (or similar restriction).
21. The applicant shall be responsible to obtain all permits from the City and other agencies.
22. The property owner(s) shall be responsible for obtaining a City license for all parking
structures.
23. Tenants shall be responsible for obtaining all City licenses (i.e. grocery store, hotel, etc.).
24. The property owner shall prepare and effectuate traffic management plans that reduce traffic
congestion. The property owner submitted a plan for review and approval of the by the St.
Louis Park and Golden Valley I-394 Joint Task Force. The property owner shall implement
Meeting of March 2, 2009 (Item No. 4h) Page 8
Subject: Minor Amendment to the Final PUD for The West End
The Traffic Management Plan (TMP) approved by the Travel Demand Management Joint
Task Force prior to City issuance of a certificate of occupancy.
25. The City and Developer shall set up a monitoring program to determine actual sanitary
sewer flows. Following each phase of the development, sewer flows will be analyzed to
determine if sewer flows exceed Metropolitan Council limits described in the Metropolitan
Council’s letter to the City of St. Louis Park dated December 14, 2006. If sanitary sewer
flows exceed said limits, the Developer shall submit a final design of a privately owned,
privately maintained, temporary sanitary sewer peak flow detention facilities for
Metropolitan Council Environmental Services (MCES) and City of St. Louis Park approval.
The Developer shall construct the said approved system and put it into operation in the
timeframe designated by MCES and City of St. Louis Park, and prior to City issuance of
building permits for additional phases.
26. The Developer shall abide by the City’s water use restrictions and follow State of Minnesota
requirements for low-flow structures. After each phase of the redevelopment, water usage
shall be monitored. If monitoring shows use exceeds 90% of peak capacity, the Developer
shall cooperate with the City to identify citywide and project-specific measures to increase
water treatment capacity and reduce consumption prior to City issuance of building permits.
27. The north office tower and operations center at 1551 Utica Avenue (Lot 1, Block 2, THE
SHOPS AT WEST END) shall be developed, used and maintained in accordance with the
Official Exhibits from Zoning Application 86-14-SP and 07-61-PUD. If there is any conflict
between the Official Exhibits, 07-61-PUD shall supersede. The following 86-14-SP Official
Exhibits are incorporated by reference herein: Exhibit A – Site Plan and Lighting Plan;
Exhibit B – Grading Plan; Exhibit C – Utilities Plan; Exhibit D – Landscape Plan; Exhibit E
– Building Elevations; Exhibit F – Basement Floor Level Plan; Exhibit G – Ground Floor
Plan; Exhibit H – Second Floor Plan; and Exhibit I – Typical Floor Plan, as modified by
City Development on March 13, 1986. (The floor plans are included to show general use
and configurations only.)
28. The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot 1,
Block 2, THE SHOPS AT WEST END):
a. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 98-42-PUD and 07-61-PUD. If there is any
conflict between the Official Exhibits, 07-61-PUD shall supersede. The following
98-42-PUD Official Exhibits are incorporated by reference herein: Exhibit A – Site
Plan, Exhibit B – Landscape Plan, Exhibit C – Existing Survey, Exhibit D –
Grading, Drainage and Erosion Control Plan, Exhibit E – Utility Plan, Exhibit F –
East Elevations, Exhibit G – North Elevation, Exhibit H – South Elevation, Exhibit
I – West Elevations, Exhibit J – West Elevation - Parking Ramp, and Exhibit K –
Parking Ramp elevation (south).
Meeting of March 2, 2009 (Item No. 4h) Page 9
Subject: Minor Amendment to the Final PUD for The West End
b. Parking ramp layouts and site plan shall provide designation of at least 20 bicycle
racks and at least 20 carpool spaces in convenient locations.
c. A covenant shall be recorded on the property which specifies that a minimum of
4,000 square feet of the atrium shall remain in perpetuity as indoor open space and
available for general “public” use. Said interior atrium space shall be designed in an
aesthetically pleasing and usable way, with landscaping, benches, and the like. A
detailed atrium plan shall be submitted and approved by the Community
Development Director and the Zoning Administrator.
d. The following modifications to ordinance requirements are re-authorized:
1. The floor area ratio for the PUD can be 1.57.
2. The setbacks on Gamble Drive for the parking ramp can be 17 feet.
3. Reduced office building setback along Gamble Drive of 96 feet.
29. The Chili’s restaurant site at 5245 Wayzata Boulevard (Lot 2, Block 1, THE SHOPS AT
WEST END) shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Applications 91-13-SP and 07-61-PUD. If there is any conflict
between the Official Exhibits, 07-61-PUD shall supersede. The following 91-13-SP Official
Exhibits are incorporated by reference herein: Exhibit A – Overall Site Plan, Exhibit B – Site
Plan, Exhibit C – Grading Plan, Exhibit D – Landscape Plan, Exhibit E – Floor Plan, and
Exhibit F and F-1 – Elevations.
30. The Olive Garden restaurant site at 5235 Wayzata Boulevard (Lot 1, Block 1, THE SHOPS
AT WEST END) shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Applications 93-9-CUP, 93-34-CUP and 07-61-PUD. If there is any
conflict between the Official Exhibits, 07-61-PUD shall supersede. The following 93-9-CUP
and 93-34-CUP Official Exhibits are incorporated by reference herein: Exhibit A-1 – Site
Plan, Exhibit B – Utility Plan, Exhibit C-1 – Landscape Plan, and Exhibit D – Exterior
Elevations.
31. Prior to issuance of building permits, the following conditions shall be met:
a. A Planning Development Contract shall be executed between the Developer and
City that addresses, at a minimum:
1. Conditions of PUD approval as applicable or appropriate;
2. Public use of gathering spaces in the development;
3. Private use of public land
4. Maintenance agreement and/or special service district;
5. Surety in the form of an irrevocable letter of credit for Redeveloper Public
Improvements and landscaping; and
6. Administrative approval of modifications to the PUD plans.
The Mayor and City Manager are authorized to execute said Planning Development
Contract.
Meeting of March 2, 2009 (Item No. 4h) Page 10
Subject: Minor Amendment to the Final PUD for The West End
b. The Developer shall provide a surety to the City of St. Louis Park in the form of an
irrevocable letter of credit for 1.10 times the estimated Redeveloper Public
Improvements costs (as defined in the Redevelopment Agreement), and 1.25 times
the estimated landscaping costs.
c. The property owner shall pay the applicable Traffic Management Administrative Fee.
1. The portion of the shopping center subject to this fee is on Lot 2, Block 2,
THE SHOPS AT WEST END. The total fee of $34,633 shall be paid to the
City of St. Louis Park prior to City issuance of building permits.
2. Subsequent phases of the PUD (future hotel and office towers) shall pay fifty
percent of the fee upon submission of a Final PUD Amendment application,
and the remaining fifty percent of the fee upon submission of a building
permit application, for each respective development phase.
32. The Planned Unit Development shall be amended on October 6, 2008 to incorporate all of
the preceding conditions and add the following conditions relating to Lot 4, Block 1, THE
SHOPS AT WEST END, Hennepin County, Minnesota:
a. The site shall be developed, used and maintained in accordance with the Official
Exhibits from Zoning Application 08-32-PUD, including Exhibits C4B-Site Layout
Plan North, C8A-Utility Plan, C10B-Landscape Street Plan, A11101-Building 11
Overall Plan, A11111-Building 11 Level 1 Area 1, A111112-Building 11 Level 1
Area 2, A11401-Building 11 Exterior Elevations, such documents incorporated by
reference herein.
b. Overnight cart storage shall be inside the building.
c. The Developer shall continue to work with City staff through a public process to
select public art and the complete plaza design.
d. The Developer shall submit a site plan and programming plan for the plaza area to
the City for review and approval by the Zoning Administrator.
e. The building proposal includes graphic art panels in order to enhance the appearance
of the building and pedestrian environment. The Developer shall submit plans for
the graphics on the backlit translucent wall-mounted panels for review and approval
by the Zoning Administrator. The panels and/or graphics shall be changed from
time to time and at least biennially. The panel may include any mosaic, mural,
painting or graphic art or combination thereof which is professionally applied to the
panel that does not contain any brand name, product name, letters of the alphabet
spelling or abbreviating the name of any product, company, profession or business,
or any logo, trademark, trade name, or other commercial message (defined as
supergraphics in the City Sign Code and exempt from the Sign Code provisions).
Meeting of March 2, 2009 (Item No. 4h) Page 11
Subject: Minor Amendment to the Final PUD for The West End
The Developer shall allow use of the panels for public art. Proposed public art shall
be subject to review and approval by the Developer and building tenant(s).
f. Assent Form and Official Exhibits must be signed by the applicant (or applicant and
owner if applicant is different from owner) prior to issuance of a building permit.
g. The sign plan is subject to Community Development Director and Zoning
Administrator review and approval. Sign permits are required.
h. Approval of Building Permits, which may impose additional requirements.
i. A Planning Development Contract between the Developer and City shall be
amended to address, at a minimum:
1. Amended conditions of PUD approval as applicable or appropriate;
2. Public use of the plaza gathering space;
3. Temporary uses of the plaza; and
4. Administrative approval of modifications to the PUD plans.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per
violation of any condition of this approval.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager Mayor
Attest:
City Clerk
Meeting Date: March 2, 2009
Agenda Item #: 4i
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Encroachment Agreement
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Encroachment Agreement at 1607 Park Place Boulevard.
RECOMMENDED COUNCIL ACTION:
Motion to approve an Encroachment Agreement at 1607 Park Place Boulevard for Temporary
Private Use of Public Land for outdoor dining, subject to City Council approval of a Minor
Amendment to the Final Planned Unit Development.
POLICY CONSIDERATION:
Does the proposed outdoor dining area comply with the Temporary Private Use of Public Land
Policy?
BACKGROUND:
AD. West End LLC owns The Shops at West End. The Cooper LLC is a signed tenant within the
shopping center. The tenant proposes to use portions of the pubic right-of-way at the southwest
corner of Park Place Boulevard and 16th Street for outdoor dining associated with “The Cooper”
Irish pub.
The proposed outdoor dining plan (see attached map) shows 126 seats outside. Forty-three of the
seats would be in the right-of-way. The plan provides 8 feet of clearance along Park Place Boulevard
and 6 feet of clearance along 16th Street West for pedestrians to pass by or through the space. In
addition to the encroachment agreement, this proposal requires a Minor Amendment to the Final
Planned Unit Development (PUD) for The West End. One of the PUD conditions prohibited
outdoor dining on public right-of-way. The PUD Minor Amendment application is also on the
March 2, 2009 agenda for consideration. Action on this consent agenda item will be contingent on
City Council approval of the PUD Minor Amendment.
The Cooper LLC also intends to apply for a liquor license. The liquor license application will be
considered at a later date, but would include the outdoor dining area and portions of the public
right-of-way within its “licensed premises.” City Attorney Tom Scott advises that there are no legal
impediments to do so; rather it will be a policy decision by City Council to determine if this is
appropriate.
Staff finds the request is consistent with the City policy for Temporary Private Use of Public land.
A.D. West End LLC is eligible for an encroachment agreement. Outdoor dining is a use anticipated
by the policy and in the West End PUD. The proposed outdoor dining plan does not unduly
impede any public use of the property, and A.D. West End LLC is already responsible by agreement
for maintenance of all sidewalks (public and private) in the West End PUD.
Meeting of March 2, 2009 (Item No. 4i) Page 2
Subject: Encroachment Agreement at 1607 Park Place Boulevard
The proposed encroachment agreement allows the City to terminate this agreement upon thirty (30)
days notice to the property owner. The standard agreement, which was drafted by the City
Attorney, will be used. The agreement will be recorded against the property and run with the land.
The agreement exempts the City from any loss or damage to any structures placed in the right-of-
way. All costs of construction, future maintenance, relocation or removal would be borne by the
property owner.
Approval of the encroachment agreement will be subject to verification that there is no interference
with utilities, the plan meets building code exiting requirements. Any improvements related to the
outdoor dining area (planters, stanchions with heavy velvet rope, wind breaks, heaters, artwork or
statuary, et cetera) must be temporary in nature, and the City is not.
The applicant describes The Cooper concept for your information in the attached narrative.
FINANCIAL OR BUDGET CONSIDERATION:
The costs of executing this agreement will be covered by the application fee paid by the applicant.
VISION CONSIDERATION:
The proposed outdoor seating plan contributes to a dynamic, vibrant and active street life at The
Shops at West End and can increase the use of this gathering place.
Attachments: Temporary Private Use of Public Land Policy
Narrative description of The Cooper
Map
Prepared by: Sean Walther, Senior Planner
Reviewed by: Scott Brink City Engineer
Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of March 2, 2009 (Item No. 4i) Page 3
Subject: Encroachment Agreement at 1607 Park Place Boulevard
POLICY FOR
TEMPORARY PRIVATE USE OF PUBLIC LAND
Policy Statement
Property owners adjacent to City owned land or public easements will from time to time request
consideration from the City to allow the owner to acquire a portion of the City land, vacate a City
right of way or easement, or authorize temporary use of City land. The City acknowledges that it
only desires to own land or easements that serve a present or future public purpose, meet the goals of
the Comprehensive Plan, or provide open space for flora and fauna, and provide environmental
protection. In response, the City will allow the release or use of public land and easements in
accordance with this policy and its established criteria.
Temporary Private Use
An abutting property owner may desire the temporary use of public land. Temporary private use of
public land are those uses which provide a convenience to a property owner, but are not essential for
the operation of business or residential use of the property. These uses include commercial uses such
as outdoor seating for restaurants, fences, canopies, irrigation systems, sidewalk sales, etc; or
residential uses such as driveways, sidewalks, retaining walls, shrubs, or gardens.
Eligibility
A. Eligibility of an applicant to request private temporary use of public land.
1. Applicant shall be the owner of land adjacent to and abutting the land requested to be
temporarily used.
2. The applicant’s property shall not be delinquent on any property taxes.
B. Eligibility of the land to be temporarily used.
1. The land must not have been acquired by the City through tax delinquency (forfeiture)
or dedication.
2. The land must not be designated on the Comprehensive Plan as park land.
3. Land must be under the jurisdiction of the City.
4. The private use of the property shall not impede any public use of the property.
Meeting of March 2, 2009 (Item No. 4i) Page 4
Subject: Encroachment Agreement at 1607 Park Place Boulevard
The Cooper
2/17/09
Cooper is a pub concept that evokes the lively, urban feeling of a European pub or café. Our
outdoor patio creates an inviting space for the local community to gather. Our mission is to create
an “outdoor experience so that every customer cannot wait to come back”.
The Cooper is an extension of and evokes the ambiance of our Flagship Irish pub, The Local. The
added outdoor seating is a critical element of our positioning and offers an excellent complement to
our indoor seating and hours of service. In addition the Cooper provides a historical nod to our new
St. Louis Park setting named after the historic Cooper Theater that had anchored our intersection
for so many years.
Cooper’s European heritage follows on the heels of Cara Irish Pubs LLC other pub holdings.
Kieran’s Irish Pub, in a historic downtown Minneapolis location, along with The Liffey Irish Pub
with its nod to the river and downtown St. Paul, demonstrates the benefits of “café life” and its
strong appeal to outdoor loving Minnesotan’s enjoying the benefits of long summer days. Along
with the Local, located on the Nicollet Mall, all three pubs offer extensive sidewalk and rooftop
service and are significant outdoor dining destinations.
In addition to solid and substantial tables and chairs, the Cooper’s outdoor dining may also have
elements such as planters, stanchions with heavy velvet rope, wind breaks, heaters, artwork or
statuary, et cetera.
We plan to provide a strong sense of a European neighborhood dining destination coupled with
Cara’s strong service culture. It is our goal to offer a significant amenity and the signature Cara Irish
pubs food, draughts of Irish beers and strong sense of identity to our new exciting landmark location
in St. Louis Park. We intend to offer a similar urban experience to the “West End” evocative of
Kieran’s, The Liffey and The Local. We will bring a “tried and true” pub model that will
complement neighboring businesses and help to anchor The West End.
Meeting of March 2, 2009 (Item No. 4i) Subject: Encroachment Agreement at 1607 Park Place BoulevardPage 5
Meeting Date: March 2, 2009
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:
Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road.
RECOMMENDED ACTION:
1. Close public hearing.
2. Motion to approve First Reading of Ordinance authorizing creation of Special Service District
#5 and to schedule the 2nd reading of the ordinance for March 16, 2009.
3. Motion to approve Letter of Determination responding to the opposition letter from Costco
Wholesale Corporation.
POLICY CONSIDERATION:
Does the City Council wish to take steps to create the City’s fifth special service district?
BACKGROUND:
The City is repeating the process required to establish Special Service District No. 5 and impose a
service charge in order to correct a procedural error with the publication of the public hearing
notices and to respond to objections raised by Costco Wholesale Corporation.
The city is installing infrastructure improvements along Park Place Boulevard between I-394 and
Cedar Lake Road in conjunction with the roadway improvements required for the West End
redevelopment project.
These special “streetscape” improvements include pedestrian lighting, banner poles, banners, raised
planters, decorative tree lighting, benches, waste receptacles, bollards, landscaping, irrigation systems
and other improvements.
To date, four special service districts have been established in St. Louis Park along the Excelsior
Boulevard corridor. Such special service districts provide funding for the proper maintenance of
streetscape improvements. In order to maintain the proposed streetscape improvements along Park
Place Boulevard a fifth special service district must be established. As with the previous
improvement projects, the city has worked with adjacent commercial property owners along the Park
Place Boulevard to arrive at a proposed special service district that would be designed specifically to
accommodate their particular preferences. The design also complements the proposed streetscape
improvements for The Shops at West End redevelopment.
Meeting of March 2, 2009 (Item No. 6a) Page 2
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
To what extent has the City communicated with the affected property owners?
City staff communicated with affected commercial property owners through group informational
meetings, individual meetings and phone conversations, letters and newsletters in 2008. At each of
the three informational meetings (February 21, June 19, and December 10) city staff communicated
how a special service district would operate and how the fees would be calculated and collected.
Property owners received specific information regarding the proposed annual budget for the district
and proposed service charge allocation for each property. City staff met individually with each
property owner or representative within the proposed area of Special Service District #5 to discuss
the potential improvements, the special service district concept, and responded to questions relevant
each property. In addition, detailed information describing the proposed district and how costs
would be allocated was distributed to all property owners in May and December.
Public hearing notices were mailed to each property owner and twice published in the official
newspaper. Included in the mailings were full copies of the draft ordinance and resolutions.
Has the city received the sufficient level of petitions required to hold a public hearing?
There are a total of 14 separate, commercial parcels in the proposed district. Owners of ten of the
14 properties or 71% of commercial property owners submitted petitions requesting that the City
Council conduct a public hearing to discuss the establishment of a special service district. These
property owners represent approximately 72% of the affected land area and 65% of the tax capacity
of property that would be subject to the proposed service charge. According to state statute, 25% of
the land area and 25% of the net tax capacity of property subject to the service charge are required to
petition in order for the Council to convene a public hearing.
What services will the district provide?
The district will provide for the maintenance of landscape materials, decorative fencing, decorative
lighting, banners, banner poles, raised planters, the irrigation system and electric service (see attached
Proposed List of Services). The majority of property owners expressed little interest in a higher level
of snow and ice removal beyond what the city is currently providing, thus snow removal is not part
of the proposed district’s budget.
How were the costs allocated to the property owners?
The service charge is based on the amount of front footage each commercial property has along Park
Place Boulevard, plus any front footage adjacent to new improvements along 16th Street, Wayzata
Boulevard and Gamble Drive near the intersections with Park Place Boulevard. While there are
other methods, front footage was determined to be the most easily understood and obtained.
How would the service charges be collected?
With the exception of 2009, the service charges will be collected through annual property tax
payments. Due to the lag time between levy and collection, the service charge would first appear on
property tax statements in Fall 2009. The service charges would then be collected in May and
October of 2010. In order for district expenses to be incurred and paid for in Summer 2009, the
City will mail invoices to affected property owners in May and October 2009 for expenses that will
be incurred in 2009. The total amount collected in this manner in 2009 will be 50% (a pro-rated
amount) of the proposed annual budget.
Meeting of March 2, 2009 (Item No. 6a) Page 3
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
Is there a cap on the amount of the annual service charges?
Yes, the maximum service charges to be imposed in 2009 and 2010 are outlined in the attached
Proposed Annual Budget and Service Charges. Pursuant to the proposed resolution, the annual
service charges may increase or decrease from the maximum authorized budgeted amount in the
preceding year based upon changes in the Consumer Price Index (All Items) for the Minneapolis/St.
Paul area. Such increases or decreases may not fluctuate more than 5% per year (which is the same
for the other four districts in St. Louis Park).
Who determines and controls the annual operating budget?
As with the other four districts, an advisory board consisting of district property owners appointed
by the City Council will be formed to oversee the district’s operation. The advisory board will advise
the City Council in connection with the maintenance and operation of the improvements and the
furnishing of special services in the district. The advisory board will recommend the annual budget to
the City Council. It will also make recommendations to the City Council on requests and complaints
of owners, occupants, and users of property within the district and members of the public.
How will the activities approved by the advisory board be implemented?
The city’s Facilities Maintenance Superintendent will coordinate the advisory board and ensure that
the district’s services are properly implemented.
What is the term of the district? Are there limitations?
The proposed district has a term of 10 years (same as the other four districts) at which time property
owners must formally reapprove the district.
Is there any formal opposition?
As City Council is already aware, the City received an opposition letter from Costco Wholesale
Corporation on February 2, 2009. The City Attorney prepared a response to the objections.
The City is also holding public hearings again to correct a procedural error in public hearing notices
published in January. The “letter of determination” is attached for your review and approval.
FINANCIAL OR BUDGET CONSIDERATION:
The City does not have the resources to maintain the proposed streetscape improvements to Park
Place Boulevard over the next ten years without the contribution of neighboring property owners.
The special service district is a valuable instrument to properly maintain the public’s capital
investment for Park Place Boulevard streetscape improvements. There is a strong level of support
from affected property owners for this proposal (71% of the parcels, 72% of the tax capacity, and
84% of the land area).
VISION CONSIDERATION:
The proposed special service district advances the Vision St. Louis Park goals of promoting and
integrating arts, culture, and community aesthetics in all City initiatives, including implementation
where appropriate; as well as, being a connected and engaged community by increasing use of new
and existing gathering places and ensuring accessibility throughout the community.
Meeting of March 2, 2009 (Item No. 6a) Page 4
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
NEXT STEPS:
If the City Council approves the recommended action, Council will be asked at the March 16, 2009
meeting to approve the second reading of the ordinance creating Special Service District #5 and to
adopt a resolution for the imposition of a service charge within the district. A 45-day veto period
then begins. The new special service district will go into effect unless at least 35% of the affected
property owners submit a petition to veto the formation of the district. Assuming this does not
happen, the district will be in full force and effect on April 23, 2009.
Attachments: Ordinance Authorizing Creation of SSD #5
Resolution Imposing a Service Charge (for review, not action at this meeting)
o Proposed List of Parcels in Special Service District No. 5 (Exhibit A)
o Proposed Map of Special Service District No. 5 (Exhibit B)
o Proposed Annual Budget and Service Charges (Exhibit C)
o Proposed List of Services (Exhibit D)
Letter of Determination to Costco Wholesale Corporation
Prepared by: Sean Walther, Senior Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of March 2, 2009 (Item No. 6a) Page 5
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
ORDINANCE NO. _____-09
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE AUTHORIZING CREATION OF
SPECIAL SERVICE DISTRICT NO. 5
WHEREAS, the City has received a petition to establish a special service district pursuant to
Minnesota Statutes, Section 428A.02 (the "Petition") from the owners of certain property located
adjacent to Park Place Boulevard Wayzata Boulevard and 16th Street within an area approximately
bounded by Interstate 394 southerly to Cedar Lake Road. The specific properties included within this
area are identified on Exhibit "A" attached hereto and generally depicted on Exhibit "B" attached
hereto and the right-of-way adjacent thereto; and
WHEREAS, the St. Louis Park City Council (the "City Council") has determined each of the
following:
(A) The owners of at least twenty-five percent (25%) or more of the land area of property
that would be subject to the service charge have signed the Petition;
(B) The owners of at least twenty-five percent (25%) or more of the net tax capacity of
property that would be subject to the service charge have signed the Petition;
(C) It is appropriate to establish a special service district; and
WHEREAS, notice of the public hearing concerning the petition to establish a special service
district was published in the St. Louis Park Sailor on January 1, 2009 and January 8, 2009.
Additionally, the City mailed notice of the hearing to the owner of record of each parcel within the
area proposed to be included within the special service district. For the purposes of giving such mailed
notice, the notice was sent to those shown on the records of the County Auditor. The City Council
has determined that said notices were published and sent in accordance with the requirements of
Minnesota Statutes, Section 428A.02. The public hearing was held on January 20, 2009, before the
St. Louis Park City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK
DOES ORDAIN:
SECTION 1. Establishment of District. The City hereby establishes a special service
district pursuant to Minnesota Statutes, Sections 428A.01 through 428A.101 (the “Act”) consisting of
the properties identified on Exhibit "A" attached hereto and depicted on Exhibit "B" attached hereto
and the right-of-way adjacent thereto (the "District").
Meeting of March 2, 2009 (Item No. 6a) Page 6
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
SECTION 2. Services to be Performed.
2.01 Provision of Services. The City may provide or contract for services in the District;
except, however, that the special services provided shall not include a service that is ordinarily provided
throughout the City from the general fund revenue of the City unless an increased level of service is
provided in the District.
2.02 Description of Services. The City may provide or contract for the following services:
(a) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and
streets.
(b) Purchase, installation, maintenance, removal, and replacement of banners and
other decorative items for promotion of the District.
(c) Poster and handbill removal.
(d) Repair and maintenance of sidewalks.
(e) Purchase, installation, maintenance, and removal of area-wide security systems.
(f) Coordination of security personnel to supplement regular City personnel.
(g) Purchase, installation, maintenance, repair, cleaning, and removal of area
directories, kiosks, benches, bus shelters, newspaper stands, trash receptacles,
information booths, bicycle racks and bicycle storage containers, sculptures,
murals, and other public area art pieces.
(h) Purchase, installation, maintenance, and removal of decorative lighting on area
trees.
(i) Cost of electrical service for pedestrian and decorative tree lighting.
(j) Repair of low-level pedestrian lights and poles.
(k) Comprehensive liability insurance for public space improvements.
(l) Trash removal and recycling costs.
(m) Purchase, installation, maintenance, replacement, and removal of special
signage relating to vehicle and bicycle parking, vehicle and pedestrian
movement, and special events.
Meeting of March 2, 2009 (Item No. 6a) Page 7
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
(n) Watering, fertilizing, maintenance, and replacement of trees, shrubbery, and
annual flowers and perennials on the public right-of-way.
(o) Repair, maintenance and replacement of irrigation system.
(p) Maintenance and operation of a public transit system.
(q) Promotion and administration.
(r) Maintenance of a reserve fund or capital reserve fund.
(s) Installation, maintenance, and removal of capital improvements.
(t) Snow plowing and snow removal from sidewalks, trails, on-street parking bays
and roads
SECTION 3. Service Charge.
3.01 Petition Requirements. Before taking any action to impose a service charge based on
net tax capacity to pay the cost of services described in Section 2, owners of twenty-five percent (25%)
or more of the land area and twenty-five percent (25%) or more of the net tax capacity subject to the
proposed service charge must file a petition requesting a public hearing on the proposed action with
the City Clerk. Before taking any action to impose any other type of service charge to pay the cost of
services described in Section 2, twenty-five percent (25%) or more of the individual or business
organizations subject to the proposed service charge must file a petition requesting a public hearing on
the proposed action with the City Clerk.
3.02 Relationship to Service. The City may impose service charges against properties
located within the District pursuant to Minnesota Statutes. The City may impose service charges that
are reasonably related to the special services provided. Charges for services shall be as nearly as possible
proportionate to the cost of furnishing the service, and may be fixed on the basis of the service directly
rendered, or by reference to a reasonable classification of the types of premises to which service is
furnished, or on any other equitable terms. Taxes and service charges may be levied pursuant to this
ordinance to finance special services ordinarily provided by the City only if the services are provided in
the District at an increased level and, then, only in an amount sufficient to pay for the increase.
3.03 Limitation of Service Charges. Service charges may only be imposed on property as
authorized by the Act.
Meeting of March 2, 2009 (Item No. 6a) Page 8
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
SECTION 4. Imposition of Service Charge.
4.01 Public Hearing. Before imposing a service charge in the District, for each calendar
year, the City shall hold a public hearing. At the hearing, a person affected by the District or the
proposed service charge may testify on any issues relevant to the proposed service charge. The hearing
may be adjourned from time to time.
4.02 Notice of Hearing. The City shall give prior notice of the public hearing to impose
service charges required by Section 4.01. Notice of the public hearing must be mailed to any property
owner subject to the proposed service charge. Notice of the public hearing shall be given in two (2)
separate publications of the City's official newspaper two weeks apart and the public hearing shall not
be held less than three (3) days after the later publication. Not less than ten (10) days prior to the
hearing, notice shall be mailed to the owner of record of each parcel of real estate within the District.
For the purpose of giving such mailed notice, owners shall be those shown on the records of the
County Auditor. For properties which are tax exempt or subject to taxation on a gross earnings basis
in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be
ascertained by any practical means, and mailed notice given them.
4.03 Content of Notice. The notice shall include:
(a) a statement that all interested persons will be given an opportunity to be heard
at the hearing regarding the proposed service charge;
(b) the estimated cost of improvements to be paid for in whole or in part by service
charges imposed, the estimated cost of operating and maintaining the
improvements during the first year and upon completion of the improvements,
the proposed method and source of financing the improvements, and the
annual cost of operating and maintaining the improvements;
(c) the proposed rate or amount of the proposed service charge to be imposed in
the District during the calendar year and the nature and character of the special
services rendered in the District during the calendar year in which the service
charge is to be collected;
(d) a statement that the petition requirements of Minnesota Statutes have either
been met or do not apply to the proposed service charge; and
(e) if the City is adopting a resolution imposing a service charge for more than one
year, the information required by Section 4.05 below.
4.04 Adoption of Resolution. Within six (6) months of the public hearing, the City may
adopt a resolution (the “Resolution”) imposing a service charge within the District not exceeding the
amount or rate expressed in the notice issued under this Section.
Meeting of March 2, 2009 (Item No. 6a) Page 9
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
4.05 Multi-year Service Charge. The City may adopt a resolution imposing a service charge
for more than one year. The City must give notice of such a resolution by including with the notice of
public hearing required by Section 4.02, and including with the notice mailed with the adopted
resolution the following information:
(a) In the case of improvements constructed within the District, the maximum
service charge to be imposed in any year and the maximum number of years
charges imposed to pay for the improvements; and
(b) In the case of operating and maintaining services, the maximum service charges
to be imposed in any year and the maximum number of years charges imposed
to pay for the service, or a statement that the service charges will be imposed
for an indefinite number of years.
The resolution imposing a service charge for more than one year may provide that the maximum
service charge to be imposed in a year will increase or decrease from the maximum amount authorized
in the preceding year based on an indicator of increased cost or a percentage amount established by the
resolution. Each calendar year, a public hearing must be held regarding the imposed service charge.
Notice of the hearing must be given and must be mailed to any individual or business organization
subject to the service charge. The notice must be sent in the manner specified in Section 4.02. The
notice shall include the information specified in Section 4.03(a) through (d). The purpose of the
hearing shall be to allow persons or companies affected by the service charge to testify on any issue
related to the service charge.
SECTION 5. Imposition of Service Charges. Service charges may be imposed on property
within the District at a rate or amount sufficient to produce the revenues required to provide special
services in the District. Except as otherwise provided herein, the service charges imposed shall be
imposed against parcels of real estate within the District in the manner and subject to the procedures in
the Resolution. The service charges shall be imposed annually. Service charges may be collected in
advance of, contemporaneously with, or subsequent to the rendering of services to which the service
charges relate.
SECTION 6. Collection of Service Charges.
6.01 Collection. All service charges may be payable and collected at the same time and in
the same manner as provided for payment and collection of ad valorem taxes. The Resolution may
provide for other means of collecting service charges.
6.02 Penalty and Interest. When service charges are made payable in the same manner as
provided for payment and collection of ad valorem taxes, service charges not paid on or before the
applicable due date shall be subject to the same penalty and interest as in the case of ad valorem tax
amounts not paid by the respective date.
Meeting of March 2, 2009 (Item No. 6a) Page 10
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
6.03 Due Date. The due date for a service charge payable in the same manner as ad
valorem taxes is the due date given in law for the real or personal property tax for the property on
which the service charge is imposed. Service charges imposed on net tax capacity which are to become
payable in the following year must be certified to the County Auditor by the date provided in
Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment
installments. Other service charges imposed may be collected as provided by the Resolution.
SECTION 7. Revenue Surplus. To the extent that the total of service charges collected
exceed the cost of services rendered within the District, at the election of the City, all or a portion of
such excess amount shall either be held as a reserve to pay the cost of future services provided under
this ordinance or applied to reduce the next year’s service charge levy.
SECTION 8. Advisory Board.
8.01 Composition and Appointment. An advisory board to be known as the Special Service
District Advisory Board consisting of a number of members determined by the City Council, at its
discretion, who are residents of the District or owners (or their representatives) of property within the
District, may be created by the City Council by Resolution. At the time of adopting a resolution, the
City Council may approve a set of By-laws which will govern the advisory board's activities. The City
Council at its discretion may pass a resolution terminating or suspending the advisory board.
8.02 Role of Board. The advisory board shall advise the City Council in connection with
the construction, maintenance, and operation of improvements and the furnishing of special services in
the District. The advisory board shall recommend an annual budget to the City Council. It shall
make recommendations to the City Council on requests and complaints of owners, occupants, and
users of property within the District and members of the public. Before the adoption of any proposal
by the City Council to provide services or impose taxes of service charges within the District, the
advisory board of the District shall have an opportunity to review and comment upon the proposal.
8.03 Removal and Termination. The City Council reserves for itself the right, at its sole
discretion, to remove members of the advisory board, with or without cause, or to disband and
terminate the advisory board before the expiration of the District.
SECTION 9. Veto Powers.
9.01 Notice of Veto Right. Within five (5) days after adoption of the ordinance
establishing the District or a resolution imposing a service charge, the City shall mail a summary of the
ordinance or resolution to the owner of each parcel included within the District and any individual or
business organization subject to the service charge. For the purpose of giving such mailed notice,
owners shall be those shown on the records of the County Auditor. For properties which are tax
exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the
records of the County Auditor, the owners shall be ascertained by any practical means, and mailed
notice given them.
Meeting of March 2, 2009 (Item No. 6a) Page 11
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
9.02 Content of Notice. The notice must state that the owner, business, or person subject
to the service charge has the right to veto the ordinance or resolution by filing the required number of
objections with the City Clerk before the effective date of the ordinance or resolution. The notice
must also state that a copy of the ordinance or resolution is on file with the City Clerk.
9.03 Requirements for Veto.
(a) Veto of Ordinance. If the owners of thirty-five percent (35%) or more of the
land area in the District subject to a service charge based upon net tax capacity
or owners of thirty-five percent (35%) or more of the net tax capacity in the
District subject to a service charge based on net tax capacity file an objection to
this ordinance with the City Clerk before the effective date of the ordinance,
the ordinance does not become effective.
(b) Veto of Resolution - Net Tax Capacity. If the owners of thirty-five percent
(35%) or more of the land area in the District subject to a service charge based
upon net tax capacity or owners of thirty-five percent (35%) or more of the net
tax capacity in the District subject to a service charge based on net tax capacity
file an objection to the resolution imposing a service charge based upon net tax
capacity with the City Clerk before the effective date of the resolution, the
resolution does not become effective.
(c) Veto of Resolution - Other Basis. If thirty-five percent (35%) or more of the
individuals and business organizations subject to a service charge file an
objection to the resolution imposing a service charge on a basis other than net
tax capacity with the City Clerk before the effective date of the resolution, the
resolution does not become effective.
9.04 Effect of Veto. In the event of a veto, no district shall be established during the current
calendar year and until a petition meeting the requirements set forth in this Section for a veto has been
filed.
9.05 Exclusion. The veto powers of this Section do not apply to second or subsequent
years' applications of a service charge that is authorized to be in effect for more than one year under a
resolution meting the petition requirements of Section 3.01 and which has not been vetoed under this
Section 9 for the first years' application.
SECTION 10. Enlargement of District. Boundaries of the District may be enlarged only
after petition, hearing and notices as provided in Minnesota Statutes. Notice must be served in the
original District and in the area proposed to be added to the District. The petition to enlarge the
District must include a request for the imposition of service charges sufficient to provide services to the
property. Petition requirements of Minnesota Statutes, Section 428A.08 and the veto power of
Minnesota Statutes, Section 428A.09 shall only apply to owners in the area proposed to be added to
the District.
Meeting of March 2, 2009 (Item No. 6a) Page 12
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
SECTION 11. Definitions and Construction. The terms used herein shall be defined as
provided in Minnesota Statutes, Chapter 428A and this ordinance shall be construed consistently
therewith.
SECTION 12. Effective Date. This ordinance shall be effective on the forty-fifth (45th)
day following adoption, which effective date shall be , 2009.
First Reading March 2, 2009
Second Reading March 16, 2009
Date of Publication March 26, 2009
Date Ordinance takes effect April 30, 2009
Reviewed for Administration: Adopted by the City Council ____________, 2009
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting of March 2, 2009 (Item No. 6a) Page 13
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
EXHIBIT A
PARCELS IN SPECIAL SERVICE DISTRICT NO. 5
PID ADDRESS
0411721310018 5657 WAYZATA BLVD
0411721310019 1500 PARK PLACE BLVD
0411721340043 5600 CEDAR LAKE RD
0411721340044 1690 PARK PLACE BLVD
0411721340045 1650 PARK PLACE BLVD
0411721340046 1620 PARK PLACE BLVD
0411721340047 5699 16TH ST W
0411721340049 1700 PARK PLACE BLVD
0411721340050 5601 16TH ST W
3002924320026 5353 WAYZATA BLVD
3002924320022 5370 16TH ST W
3002924330011 5401 GAMBLE DR
3002924330015 5402 PARKDALE DR
3002924330031 1600 WEST END BLVD
Meeting of March 2, 2009 (Item No. 6a) Page 14
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
Meeting of March 2, 2009 (Item No. 6a) Page 15
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
RESOLUTION NO. 09-____
RESOLUTION IMPOSING A SERVICE CHARGE
FOR SPECIAL SERVICE DISTRICT NO. 5
BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows:
Section 1. Recitals: Findings.
1.01 Pursuant to Ordinance No. ______, (the “Ordinance”) the City created Special
Service District No. 6 for certain property located adjacent to Park Place Boulevard 16th Street and
Wayzata Boulevard with an area approximately bounded by Interstate 394 and Cedar Lake Road. The
specific properties included within this area are identified on Exhibit "A" attached hereto and generally
depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto (the "District").
1.02 The City has received a petition requesting a public hearing to impose a service charge
from the owners of property within the District (the "Petition").
1.03 The City Council has determined each of the following:
(a) at least twenty-five percent (25%) of the individuals or business organizations
subject to the proposed service charge have signed the Petition;
(b) only owners of property located within the District have signed the Petition;
(c) only owners of property classified under Minnesota Statutes, Section 273.13 as
commercial, industrial, or public utility purposes, or that is vacant land zoned
or designated on a land use plan for commercial, industrial, or public utility
purposes, have signed the Petition; and
(d) notice of a public hearing has been given and a public hearing has been held.
Section 2. Imposition of Service Charge.
2.01 Amount of Service Charge. There is hereby imposed a service charge in the amounts
and against the properties specified on Exhibit "C" attached hereto (the "Service Charge").
The City imposes a service charge, payable in 2010, for special services provided during the period of
January 2010 - December 2010 in a maximum amount of $26,400. A partial service charge in the
amount of $13,205 will be collected in 2009. The maximum service charge in all subsequent years will
be calculated pursuant to the provisions of Section 2.04.
Meeting of March 2, 2009 (Item No. 6a) Page 16
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
2.02 Multi-year Service Charge. The Service Charge imposed by this resolution is for more
than one year. The Service Charge will remain in effect through and including the year 2019 for taxes
payable in said year.
2.03 Calculation of Service Charge. The Service Charge for all costs related to the District
shall be distributed based upon the front feet adjacent to Streetscape improvements to Park Place
Boulevard and the intersections of Wayzata Boulevard, 16th Street West and Gamble Drive for each
parcel within the District and subject to the Service Charge.
2.04 Inflation Adjuster. Commencing with the service charge payable in 2011, the
maximum service charge to be imposed in any year (the "Current Year") will increase from the
maximum authorized budgeted amount for the year immediately preceding the Current Year (the
"Prior Year") based upon the following:
The Consumer Price Index (All Items) for the Minneapolis/St. Paul Metropolitan
Area, published by the United States Department of Labor, Bureau of Labor Statistics
("Index"), which is published for the date nearest the commencement of the Current
Year (the "Current Year Index"), shall be compared with the Index published for the
date nearest the commencement of the Prior Year (the "Prior Year Index"). If the
Current Year Index has increased over the Prior Year Index, the Maximum Service
Charge shall be increased by multiplying the Maximum Service Charge by a fraction,
the numerator of which is the Current Year Index and the denominator of which is the
Prior Year Index. If the Index is discontinued or revised, such other government index
or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the Index had not been discontinued or revised.
Notwithstanding increases in the Index of greater than five percent (5%), the
Maximum Service Charge shall not increase from any Prior Year to any Current Year
by an amount greater than five percent (5%) of the Prior Year's Service Charge.
2.05 Distribution of Total Service Charge. The distribution of the total Service Charge
among properties within the District and subject to the Service Charge may vary and shall be
recalculated pursuant to the formula specified in Section 2.03 if and to the extent that a parcel
increases or decreases in size by acquisition or sale.
2.06 Use of Revenues. Revenues collected through the imposition of service charges may be
used by the City for any purposes authorized in the Ordinance. Exhibit D contains the services
proposed for funding in 2009 and 2010. The services and the revenues allocated to each service are
subject to change at the discretion of the City.
Section 3. Collection of Service Charges.
3.01 Collection. The Services Charges shall be payable and collected at the same time and
in the same manner as provided for payment and collection of ad valorem taxes; except that the City
may directly bill owners of parcels located within the District and subject to the Service Charge for the
Meeting of March 2, 2009 (Item No. 6a) Page 17
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
Service Charge due and payable in calendar year 2009. For purposes of determining the appropriate
tax rate, taxable property or net tax capacity shall be determined without regard to captured or original
net tax capacity under Minnesota Statutes, Section 469.177 or to the distribution or contribution
value under Minnesota Statutes, Section 473F.08. Any service charge due and payable in calendar year
2009 that remains unpaid as of October 31, 2009, shall be payable and collected at the same time and
in the same manner as provided for payment and collection of ad valorem taxes in the year 2010.
3.02 Penalty and Interest. Service Charges made payable in the same manner as provided
for payment and collection of ad valorem taxes, if not paid on or before the applicable due date, shall
be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the
respective date.
3.03 Due Date. The due date for the Service Charge payable in the same manner as ad
valorem taxes is the due date given in law for the real or personal property tax for the property on
which the service charge is imposed. Service Charges imposed on net tax capacity which are to become
payable in the following year must be certified to the County Auditor by the date provided in
Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment
installments.
Section 4. Revenue Surplus. To the extent that the total of Service Charges collected exceed the cost
of services rendered within the District, at the election of the City, all or a portion of such excess
amount shall either be held as a reserve to pay the cost of future services provided under this resolution
or applied to reduce the next year’s service charge levy.
Section 5. Recording. The City may record this Resolution against parcels located within the
District and subject to the Service Charge for the purpose of providing notice of the Service Charge to
prospective purchasers of such parcels.
Section 6. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day following
adoption, which effective date shall be , 2009.
Reviewed for Administration Adopted by the City Council ___________, 2009
City Manager Mayor
Attest:
City Clerk
Meeting of March 2, 2009 (Item No. 6a) Page 18
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
EXHIBIT A
PARCELS IN SPECIAL SERVICE DISTRICT NO. 5
Parcel Number Address
0411721310018 5657 Wayzata Boulevard
0411721310019 1500 Park Place Boulevard
0411721340043 5600 Cedar Lake Road
0411721340044 1690 Park Place Boulevard
0411721340045 1650 Park Place Boulevard
0411721340046 1620 Park Place Boulevard
0411721340047 5699 16th Street West
0411721340049 1700 Park Place Boulevard
0411721340050 5601 16th Street West
3002924320026 5353 Wayzata Boulevard
3002924320022 5370 16th Street West
3002924330011 5401 Gamble Drive
3002924330015 5402 Parkdale Drive
3002924330031 1600 West End Boulevard
Meeting of March 2, 2009 (Item No. 6a) Page 19
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
Meeting of March 2, 2009 (Item No. 6a) Page 20
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
EXHIBIT C
Annual Budget and Service Charges
Special Service District No. 5
City of St. Louis Park
BUDGET ITEM ESTIMATED ANNUAL
BUDGET
Landscape maintenance services (including planting
replacement) $11,000
Irrigation system maintenance and repair $5,000
Management $3,250
Decorative lighting (Install) $3,000
Site Maintenance (including infrastructure repair) $1,300
Other Maintenance Services (or non-fixed items) $1,300
Banner installation and removal $1,000
Public Liability Insurance $300
Legal Notices $200
Professional Services $50
General Supplies $0
Electrical service for decorative lighting $0
Total $26,400
PID # ADDRESS FRONT
FEET
2009
SERVICE
CHARGE
2010 SERVICE
CHARGE
0411721310018 5657 Wayzata Blvd 227 $509 $1,018
0411721310019 1500 Park Place Blvd 1,333 $2,990 $5,979
0411721340043 5600 Cedar Lake Rd 477 $1,071 $2,141
0411721340044 1690 Park Place Blvd 210 $471 $941
0411721340045 1650 Park Place Blvd 258 $579 $1,157
0411721340046 1620 Park Place Blvd 234 $526 $1,051
0411721340047 5699 16th St W 235 $527 $1,053
0411721340049 1700 Park Place Blvd 184 $412 $823
0411721340050 5601 16th St W 180 $403 $805
3002924320026 5353 Wayzata Blvd 465 $1,043 $2,086
3002924320022 5370 16th St W 743 $1,667 $3,333
3002924330011 5401 Gamble Dr 210 $471 $942
3002924330015 5402 Parkdale Dr 411 $922 $1,844
3002924330031 1600 West End Blvd 720 $1614 $3,227
Total 5,886 $13,205 $26,400
Notes:
1. The cost allocation formula is based upon linear street front footage.
Meeting of March 2, 2009 (Item No. 6a) Page 21
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
2. The” 2009 Service Charge” is a partial service charge (half of the estimated annual Service
District Budget), because services will be provided for approximately six months in 2009. The
City will mail invoices to property owners to collect the 2009 Service Charge. Half the 2009
Service Charge will be invoiced in May and the other half in November 2009.
3. The “2010 Service Charge” shown above is the estimated charge based on the 2009 Service
District Budget. The actual 2010 Service Charge and charges for future years are subject to
change based on the annual Service District Budget and Service Charge Resolution approval.
The cost allocation formula is based upon street front footage.
Meeting of March 2, 2009 (Item No. 6a) Page 22
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
EXHIBIT D
Proposed List of Services
The City may provide or contract for the following services in the district:
• Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets
• Installation, maintenance, removal, and replacement of banners and other decorative items for
promotion of the District
• Poster and handbill removal
• Repair and maintenance of sidewalks
• Maintenance, repair, cleaning, and removal of area directories, kiosks, benches, bus shelters,
newspaper stands, trash receptacles, information booths, bicycle racks
• Purchase, installation, maintenance, and removal of decorative lighting on area trees
• Cost of electrical service for pedestrian and decorative tree lighting
• Repair of low-level pedestrian lights and poles
• Comprehensive liability insurance for public space improvements
• Watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers
and perennials on the public right-of-way
• Repair, maintenance and replacement of irrigation system
• Administration
• Maintenance of a reserve fund for operations
• Maintenance of capital improvements
Meeting of March 2, 2009 (Item No. 6a) Page 23
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
March 2, 2009
Ms. Gail E. Tsuboi
Director of Property Management
Costco Wholesale Corporation
999 Lake Drive
Issaquah, WA 98027
Dear Ms. Tsuboi:
On February 2, 2009, Costco Wholesale Corporation filed an objection to the creation of
Special Service District No. 5 and to the imposition of service charges. Pursuant to Minn. Stat.
§428A.02, subd. 4, the City Council must make a determination on the objection prior to the
adoption of the ordinance creating Special Service District No. 5.
City staff reviewed the grounds for the objection with the City Attorney and recommended
the following response to the City Council. The City Council reviewed and approved the response
on February 2, 2009:
Objection: Special Service District No. 5 will not provide services to the Property that
are not provided throughout the City to the same degree.
Response: This objection is rejected. The District will provide the following services
which are not generally provided throughout the City:
• Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and
streets
• Installation, maintenance, removal, and replacement of banners and other
decorative items for promotion of the District
• Poster and handbill removal
• Repair and maintenance of sidewalks
• Maintenance, repair, cleaning, and removal of area directories, kiosks,
benches, bus shelters, newspaper stands, trash receptacles, information
booths, bicycle racks
• Purchase, installation, maintenance, and removal of decorative lighting on
area trees
• Cost of electrical service for pedestrian and decorative tree lighting
• Repair of low-level pedestrian lights and poles
• Comprehensive liability insurance for public space improvements
• Watering, fertilizing, maintenance, and replacement of trees, shrubbery,
and annual flowers and perennials on the public right-of-way
• Repair, maintenance and replacement of irrigation system
• Administration
Meeting of March 2, 2009 (Item No. 6a) Page 24
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road
• Maintenance of a reserve fund for operations
• Maintenance of capital improvements
Objection: The Property is not benefited by Special Service District No. 5.
Response: This objection is rejected. The City is installing streetscape improvements at
no cost to Property Owner which are being maintained by the Special
Services District charges. The installation and maintenance of the streetscape
improvements will upgrade and enhance the general appearance of the public
areas adjoining the Costco property and the curb appeal of the Costco
property itself.
Objection: The public notice of the hearing on Special Service District No. 5 did not
comply with Minn. Stat. § 428A.02, subd. 2.
Response: The hearing has been rescheduled and the Notice of Hearing republished to
comply with statutes.
Please contact me at (952) 924-2574 with any questions. Thank you.
Sincerely,
Sean J. Walther, AICP
Senior Planner
Attachment: Costco Wholesale Corporation’s objection letter dated January 30, 2009 to City
Clerk Nancy Stroth (received February 2, 2009).
Meeting of March 2, 2009 (Item No. 6a)
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road Page 25
Meeting of March 2, 2009 (Item No. 6a)
Subject: Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road Page 26
Date: March 2, 2009
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:
TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700.
RECOMMENDED ACTIONS:
Motion to adopt Resolution accepting this report, establishing and ordering Improvement Project
No. 2004-1700, approving plans and specifications, and authorizing advertisement for bids.
Motion to adopt Resolution authorizing removal of noise walls from the project.
Motion to adopt Resolution authorizing parking restrictions on Wooddale Avenue.
POLICY CONSIDERATION:
Does the City Council wish to continue to take the necessary steps to keep this project on schedule
for construction commencing in 2009?
BACKGROUND:
History and Current Status:
The plans presented to Council for approval are the result of a public process that began nearly three
years ago. Most recently, at the February 9, 2009 Study Session, the City Council received a report
and update with regards to the Highway 7 & Wooddale Improvement Project. The design presented
was essentially the same as presented at a similar Study Session update on November 24, 2008. On
February 9, an update with regards to federal stimulus monies was also discussed, along with specific
remaining technical issues such as noise walls. In addition further updates were provided with
regards to the project schedule, environmental sign-off requirements, and right of way acquisition
status. Essentially, in order to meet the target dates required for the use of federal stimulus funds,
staff, the consultant, and the Minnesota Department of Transportation (Mn/DOT) have been
moving the project forward at an accelerated pace to meet project letting deadlines.
At the February 9 Study Session, the Council also received survey results and feedback with regards
to the installation of noise walls along the north side of the highway. Based on public feedback, cost,
and overall benefit, Council concurred with staff that the walls be removed from the project.
Specific design issues regarding pedestrian safety were also discussed with staff and the consultant
(SRF). As a result, SRF has devoted additional time and effort in exploring the possibility of
incorporating additional safety features into the design. These included the possibility of adding
pedestrian refuge islands and a safety barrier between the roadway and trail crossing the bridge. As
was discussed, the tight configuration of the diamond interchange, sightline safety, and other
Mn/DOT design requirements do limit options. Pedestrian islands have been added into the design.
Because of visibility and sightline issues, a barrier between the roadway and trail on the bridge has
Meeting of March 2, 2009 (Item No. 8a) Page 2
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
not been included in the plans. However, additional edge striping on both the roadway and the trail
has been added to provide an additional safety buffer area between motorized and non-motorized
uses.
Following is a summary of other design issues previously discussed with Council:
1. The intersections of Wooddale Avenue with the ramps and the south frontage road do not
warrant signalization at this time. Therefore, no traffic signals are proposed to be installed as
part of this project. However, underground infrastructure will be installed to accommodate
signals in the future if they become warranted and feasible at a later date.
2. As previously discussed, it is recommended that noise walls be eliminated from the project
plans. This is consistent with the survey results and responses we have received from the
public regarding this issue. Efforts to protect and preserve existing vegetative features as well
as add vegetation has been included to the extent possible.
3. Aesthetics and Lighting – Incorporation of aesthetic elements as previously discussed has
been incorporated into the bridge design. Standard lighting will be provided along the
frontage roads and intersections at this time. As redevelopment along 36th Street and the
City property adjacent to Highway 7 continue in the future, along with a future light rail
station, it may be desired to eventually extend similar lighting from 36th Street into this area.
Therefore, underground infrastructure will be installed in the event that decorative or other
lighting in this area is desired in the future.
4. Public and Private Utilities – Prior to construction of the interchange improvements, several
public and private utilities will require relocations and/or adjustments. Of special mention is
a Metropolitan Council (MCES) sewer interceptor that must be either replaced and/or
relocated. As a result, SRF and MCES have worked extensively together to include the
interceptor work as part of the project. This work will be funded by MCES, and a
cooperative agreement between MCES and the City will be presented to Council in April for
approval.
5. Construction Staging – Construction of the improvement is expected to commence in 2009,
and proceed through the end of 2010. Through traffic movement of Wooddale across
Highway 7 is expected to be closed through much of 2010 while the bridge and
embankments are being constructed. Staff, the consultant, and Mn/DOT construction staff
are all continuing to refine the construction staging plan further. A detailed construction
staging and construction plan update will be presented to Council later in April.
6. Right of Way – Negotiations are continuing for right of way and construction easements.
However, the City has filed condemnation notices in the event negotiations are unsuccessful
within the time frame required. This is necessary in order to attain the required Mn/DOT
authorizations within the timeline imposed by the federal stimulus requirements.
Meeting of March 2, 2009 (Item No. 8a) Page 3
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
7. Parking Restrictions – On road parking is neither desired nor necessary on Wooddale
Avenue in the project area, and so the roadway has been designed in accordance with
Municipal State Aid standards. As part of the State and Federal approvals, a resolution
formally stating such must be provided and is attached.
The use of federal funds for this project requires several procedures and sign-offs by the State of
Minnesota and FHWA in order for the project to advance to a letting. This is normally a relatively
lengthy process. However, the availability of the stimulus money and related timeline requirements
has accelerated this process significantly. Staff, the Consultant, Mn/DOT, and the many other
agencies and stakeholders involved have therefore been proceeding and working together at a very
accelerated pace in order to meet the schedule. Mn/DOT has most recently signed off on the
geometric design itself and is currently conducting further review of the final plans. In addition, SRF
has been working in very close cooperation with Mn/DOT, the MPCA and other agencies to
complete the environmental approvals, including the Finding of No Significant Impact (FONSI). It
is expected that all approvals required of Mn/DOT and the FHWA (including right of way
acquisition documentation) will be attained prior to the desired mid April advertising date and a
subsequent bid opening target date of May 29, 2009.
PROJECT SCHEDULE
Study Session Update to Council February 9, 2009
Present Plans to City Council for approval and authorize March 2, 2009
Advertisement for bids
Approval of EA/Negative Declaration (FONSI) April, 2009
by Mn/DOT and FHWA
Finalize Right of Way acquisitions and State/Federal approvals April/May, 2009
Advertise for Bids Late April, 2009
Open Bids May 29, 2009
Award Construction Contract June, 2009
Commence Construction July 2009
FINANCIAL OR BUDGET CONSIDERATION:
In light of final sorting out of the federal stimulus package, final costs and funding sources are still
being determined. However, the latest estimate of cost and funding is as follows:
Expenditures
Construction (without noise walls) $12,300,000
Right of Way $4,500,000
Preliminary Engineering/Admin $1,100,000
Construction Engineering/Admin $900,000
Total $18,800,000
Meeting of March 2, 2009 (Item No. 8a) Page 4
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
Funding Sources
Development Agreement $69,000
Federal (STIP) Funds $5,885,000
Federal (Stimulus) $6,315,000
City $5,631,000
State of Minnesota (Construction Engineering/Administration) $900,000
Total $18,800,000
As previously noted the federal stimulus package has not yet been authorized. The above funding
scenario assumes federal funds covering 100% of the construction cost with the City and State
partnering on the right of way and engineering costs. Figures and funding sources as listed above
are estimates and subject to change or adjustment at any time over the next couple of months.
Worst case, if federal stimulus monies are not made available, and the County and State provide no
further assistance, the City’s share could increase by another $6 million. Thus far the City has spent
approximately $4.5 million on land acquisition and project engineering.
VISION CONSIDERATION:
The following Strategic Direction and focus area was identified by Council in 2007:
St. Louis Park is committed to being a connected and engaged community.
Focus will be on:
• Promoting regional transportation issues and related dedicated funding sources
affecting St. Louis Park including but not limited to Hwy. 100 and SWLRT.
Attachments: Resolution approving plans and specification and ad for bid
Resolution authorizing elimination of noise walls from project
Resolution authorizing parking restrictions
Plan Layout
Prepared by: Scott Brink, City Engineer
Reviewed by: Mike Rardin, Director of Public Works
Kevin Locke, Director of Community Development
Bruce DeJong, Director of Finance
Approved by: Tom Harmening, City Manager
Meeting of March 2, 2009 (Item No. 8a) Page 5
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
RESOLUTION NO. 09-_______
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2004-1700
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
City Engineer related to TH 7 & Wooddale Avenue Interchange Project – Project No. 2004-1700.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Project Report regarding Project No. 2004-1700 is hereby accepted.
2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the
Project Report.
3. The proposed project, designated as Project No. 2004-1700 is hereby established and
ordered.
4. The plans and specifications for the making of these improvements, 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
improvements under said-approved plans and specifications. The advertisement shall appear
not less than three weeks 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.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager
Mayor
Attest:
City Clerk
Meeting of March 2, 2009 (Item No. 8a) Page 6
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
RESOLUTION NO. 09-_______
RESOLUTION REMOVING THE INSTALLATION OF NOISE WALLS FROM
IMPROVEMENT PROJECT 2004-1700, HIGHWAY 7 AND WOODDALE AVENUE
INTERCHANGE IMPROVEMENTS
WHEREAS, as part of the Trunk Highway (TH) 7/Wooddale Avenue Interchange Project,
the City has proposed installing a noise wall in the northeast quadrant of the proposed TH
7/Wooddale Avenue interchange between the highway and Walker Street from 35th Street
West/Alabama Avenue South to Xenwood Avenue South; and
WHEREAS, as part of the TH 7/Wooddale Avenue Interchange Project, the City has
proposed installing a noise wall in the northwest quadrant of the proposed TH 7/Wooddale Avenue
interchange between the highway and the frontage road from Dakota Avenue South to Wooddale
Avenue; and
WHEREAS, the St. Louis Park Public Works Department convened a public open house
meeting on October 21, 2008 to provide an opportunity for public input regarding the proposed
noise walls; and
WHEREAS, the Minnesota Department of Transportation (Mn/DOT) and the St. Louis
Park Public Works Department convened a public hearing in regards to the TH 7/Wooddale
Avenue Interchange Environmental Assessment/Environmental Assessment Worksheet on January 6,
2009. Comment forms were available at the public hearing and attendees were encouraged to
provide input to Mn/DOT, the Responsible Governmental Unit (RGU) for purposes of the federal
and state environmental review. Comments received at the public hearing were provided to the City
for review; and
WHEREAS, the St. Louis Park Public Works Department surveyed property owners –
between Alabama Avenue South and Walker Street along 35th Street West, between Alabama
Avenue South and Xenwood Avenue South along Walker Street, between Hamilton Street and
Walker Street along Zarthan Avenue South, between Zarthan Avenue South and Walker Street
along Hamilton Street, along Yosemite Avenue South between Walker Street and 34th Street West,
and between 34th Street West and Walker Street along Xenwood Avenue South – to determine their
desire to have noise walls installed as part of the TH 7/Wooddale Avenue Interchange Project; and
WHEREAS, the St. Louis Park Public Works Department mailed a survey to every property
owner in the project area identified above, contacted St. Louis Park Public Schools (Central
Community Center and Spanish Immersion School); and
Meeting of March 2, 2009 (Item No. 8a) Page 7
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
WHEREAS, a majority of property owners in the project area identified above voted “NO”
to the erection of a noise wall in the northeast quadrant of the proposed TH 7/Wooddale Avenue
interchange between the highway and Walker Street from 35th Street West/Alabama Avenue South
to Xenwood Avenue South; and
WHEREAS, St. Louis Park Public Schools (Central Community Center and Spanish
Immersion School) indicated a preference of “NO” to the erection of a noise wall in the northwest
quadrant of the proposed TH 7/Wooddale Avenue interchange between the highway and the
frontage road from Dakota Avenue South to Wooddale Avenue; and
WHEREAS, three of the nine public comments received during the Environmental
Assessment/Environmental Assessment Worksheet public comment period indicated a preference for
no noise walls as part of the TH 7/Wooddale Avenue Interchange Project. There were no public
comments received during the Environmental Assessment/Environmental Assessment Worksheet
public comment period in favor of a noise wall; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ST. LOUIS PARK, that the City Council hereby requests that noise walls are not installed in the
northwest quadrant of the TH 7/Wooddale Avenue interchange along the frontage road from
Dakota Avenue South to Wooddale Avenue and in the northeast quadrant of the TH 7/Wooddale
Avenue interchange along Walker Street from 35th Street West/Alabama Avenue South to Xenwood
Avenue South.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager
Mayor
Attest:
City Clerk
Meeting of March 2, 2009 (Item No. 8a) Page 8
Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700
RESOLUTION NO. 09-_______
RESOLUTION AUTHORIZING PARKING RESTRICTIONS ON WOODDALE
AVENUE BETWEEN WEST 35TH STREET AND WEST 36TH STREET
WHEREAS, plans and specifications have been completed for Project No. 2004-1700,
Highway 7 & Wooddale Interchange Improvements; and
WHEREAS, in accordance with the plans and specifications, Wooddale Avenue is to be
reconstructed between W. 35th Street and W. 36th Street; and
WHEREAS, said plans have been approved by the City Council; and
WHEREAS, Wooddale Avenue at said location has been designed in accordance with State
of Minnesota Municipal State Aid standards; and
WHEREAS, the width of Wooddale Avenue at said location cannot accommodate parking
on both sides of the street in accordance with said standards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ST. LOUIS PARK, that the parking of motor vehicles shall be restricted on both sides of
Wooddale Avenue North from W. 35th Street to W. 36th Street.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager
Mayor
Attest:
City Clerk
PPPPPPPPPPPPPPPPPPP TH 100SUBJECT TO CHANGEPRELIMINARY2000scale in feet100LEGENDRAISED MEDIANS & CURBSPAVED SHOULDERSBRIDGES & RETAINING WALLSPAVED ROADWAYTRAFFIC LOCATION AND DIRECTIONBITUMINOUS TRAILS / BIKEWAYSFUTURE TRAFFIC SIGNAL WHEN NEEDEDRAIL AND TRAIL IMPROVEMENTS TO BE STUDIED UNDER FUTURE PROJECT.T.H. 7 / WOODDALE AVENUE GRADE SEPARATION PROJECTEXISTING REGIONAL TRAILEXISTING RAILROADRAILROAD WALKER STLAKE ST WWOODDALE AVE37TH AVEAL
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0 36" X 44.36" - 100 SCALEMeeting of March 2, 2009 (Item No. 8a) Subject: TH 7 & Wooddale Avenue Interchange Project Update – Project No. 2004-1700Page 9
Meeting Date: March 2, 2009
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:
Local Street Rehabilitation Project – Pavement Management Area 5, Project Nos. 2008-1000 &
2009-1300.
RECOMMENDED ACTION:
Motion to adopt Resolution accepting this report, establishing and ordering Improvement Project
No. 2008-1000 and Improvement Project No. 2009-1300, approving plans and specifications, and
authorizing advertisement for bids.
POLICY CONSIDERATION:
Does the City Council wish to continue implementation of the City’s Pavement Management
Program?
BACKGROUND:
Staff developed and the City Council adopted a Pavement Management Program to address the
problem of deteriorating streets within the city. Many of the roads are now approaching 40 years of
age or more. The city’s streets are still in relatively good condition due to the fact that the streets
were built well, are generally situated on good soils, utilize curb & gutter for drainage and have been
well maintained. City maintenance crews have continually worked to keep streets in decent
condition using basic maintenance strategies such as patching, crack filling and seal coating.
However, as pavements age, more aggressive maintenance strategies are needed to prolong their life.
The Pavement Management Program was developed to extend pavement life and enhance system-
wide performance in a cost-effective and efficient way by providing the right maintenance or repair
at the right time. Using the City’s pavement management software, staff obtains street condition
ratings and monitors their performance. Staff then evaluates the condition of streets and selects cost-
effective treatments to extend pavement life.
ANALYSIS:
The 2009 construction season will be the fifth year of implementing the City’s Pavement
Management Program. This year’s work will be performed in Area 5 of the City’s 8 pavement
management areas. It includes the Amhurst, Aquila, Cobblecrest, Minnehaha and South Oak Hill
Neighborhoods. The attached map identifies which streets in Area 5 have been selected for
rehabilitation. Selection was based on previous condition surveys of the streets and field evaluations
to determine current conditions of the pavement, curb and gutter, and the city’s underground
utilities. A team of staff members was formed to select streets for inclusion in this year’s program
and to recommend appropriate rehabilitation techniques. The team included members of
Operations, Utilities, Engineering and the Public Works Asset Management Group.
Meeting of March 2, 2009 (Item No. 8b) Page 2
Subject: Local Street Rehab Project – Project Nos. 2008-1000 & 2009-1300
The residential streets selected this year for rehabilitation were all originally constructed in a similar
fashion. The structure of most of the streets consists of a two (2) inch layer of asphalt pavement over
six (6) inches of quality gravel. Staff has determined that an appropriate treatment for rehabilitating
the streets consists of removing all of the old asphalt pavement and replacing it with three (3) inches
of new pavement. The thicker asphalt section is being used to provide for heavier vehicles, such as
garbage trucks, and the increased volume of traffic on the streets. This will also allow for flexibility
of future maintenance. For example, with a 2-inch thickness of asphalt, a typical mill and overlay is
not possible because the asphalt layer is too thin. With a 3-inch thickness, 1.5 inches of asphalt can
be milled off and replaced with the same thickness of new pavement.
The Engineering Staff has prepared plans and specifications for this year’s project. In conjunction
with the pavement replacement, water main will also be replaced on some streets in the Aquila
Neighborhood. These streets include: 31st Street from Xylon to Virginia Avenue, Virginia Avenue
from 30 1/2 to 32nd Street, the 3300 block of Zinran Avenue and the 3300 and 3400 block of
Yukon Avenue. During the installation of the new water main, water service will be maintained to
each of the properties through a temporary system. Along with replacing the water main, the
residents on these streets will have the option of replacing their water service line (at their expense)
from the main to the shut-off valve located at the property line. The city’s contract will include
items for this work. The bid price on these items will be charged against those properties choosing
to replace their water service line. Owners will be requested to prepay or be specially assessed this
cost. Owners may also opt to arrange to do this work utilizing their own hired contractor, provided
it does not interfere with or delay work on the city contract. Other utility work will include
drainage system (curb & gutter and catch basin) repairs and replacement of old hydrants at various
locations throughout the project.
Utility companies have been contacted to inform them of the city’s proposed work plan and
schedule. For those companies that have buried utilities, staff has asked them to consider replacing
any aging systems prior to our paving of the streets. Centerpoint/Minnegasco indicated they will
replace their main lines and service lines on a number of our streets identified for construction work
in the Aquila Neighborhood.
PUBLIC PROCESS:
This winter, upon substantial completion of the construction plans, staff invited area residents and
neighborhood association leaders to an open house to review the preliminary plans. Approximately
twelve residents attended the open house on February 5, 2009. People asked questions about the
timing of the project and what construction impacts would be felt by the residents while the project
is underway. The project is anticipated to start in late May or early June and last approximately 3
months. Work on any one block will usually last about four weeks. During that time, crews will
replace the curbing, if needed, then remove the pavement, grade the street, and then pave the first
layer of bituminous. During this work, residents will always have access to their driveways and
overnight parking will be allowed on the street. Driveways will not be accessible for up to one week
when concrete aprons are replaced. The final layer of bituminous is typically placed near the end of
the project and will result in another day of disruption for any one block. Residents who live on
Meeting of March 2, 2009 (Item No. 8b) Page 3
Subject: Local Street Rehab Project – Project Nos. 2008-1000 & 2009-1300
those streets where the watermain will be replaced will experience additional work activity of about
two weeks. Access is typically provided to these residences at most times as well.
Project Timeline:
Should the City Council approve the Project Report, it is anticipated that the following schedule
could be met:
• Approval of Plans/Authorization to Bid by City Council March 2, 2009
• Advertise for bids Mid March, 2009
• Bid Opening April 7, 2009
• Bid Tab Report to City Council; Award contract April 20, 2009
• Begin Construction Late May, 2009
FINANCIAL OR BUDGET CONSIDERATION:
This project will be funded by two sources, the Pavement Management Fund, Project No. 2008-
1000 and utilities funds, Project No. 2009-1300. The Engineer’s estimate for the total cost of the
project is $2,157,377 which includes 5% for contingencies and 12% for engineering &
administration. This breaks down to $1,532,805 for the street work and $624,572 for the utility
work.
VISION CONSIDERATION:
None.
Attachments: Resolution
Map of Streets for Construction in Area 5
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Scott Brink, City Engineer
Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
Meeting of March 2, 2009 (Item No. 8b) Page 4
Subject: Local Street Rehab Project – Project Nos. 2008-1000 & 2009-1300
RESOLUTION NO. 09-_______
RESOLUTION ACCEPTING THE PROJECT REPORT,
ESTABLISHING IMPROVEMENT PROJECTS NO. 2008-1000 AND 2009-1300
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT
PROJECTS NO. 2008-1000 AND 2009-1300
WHEREAS, the City Council of the City of St. Louis Park has received a report from the City
Engineer related to the 2009 Local Street Rehabilitation Program.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park,
Minnesota, that:
1. The Project Report regarding Project No. 2008-1000 and Project No. 2009-1300 is hereby accepted.
2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project
Report.
3. The proposed projects, designated as Project No. 2008-1000 and Project No. 2009-1300, are hereby
established and ordered.
4. The plans and specifications for the making of these improvements, 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 improvements 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.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager
Mayor
Attest:
City Clerk
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Meeting of March 2, 2009 (Item No. 8b)
Subject: Local Street Rehab Project – Project Nos. 2008-1000 & 2009-1300 Page 5
Meeting Date: March 2, 2009
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:
“The Towers at West End” Preliminary Plat with Variance and Preliminary Planned Unit
Development (Case Nos. 08-49-S, 08-50-PUD).
RECOMMENDED ACTION:
Planning Commission and City staff recommend:
• Motion to approve Resolution for Preliminary Plat with variances, subject to conditions for The
Towers at West End; and
• Motion to approve Resolution approving Preliminary Planned Unit Development (PUD) for
The Towers at West End, subject to conditions.
POLICY CONSIDERATION:
Is the proposed PUD and plat consistent with the vision and concept plan for the West End area
and does it meet the requirements for PUD and plat approvals?
BACKGROUND:
Duke Realty Corporation and A.D. West End LLC own approximately 49 acres at the southwest
corner of I-394 and Highway 100. Duke is redeveloping 38.5 acres of this site area; 32.5 acres in St.
Louis Park and six acres in Golden Valley. Proposed for redevelopment is a compact, urban
“lifestyle” shopping center on the west side of the site and a Class A office park on the east side of the
site. The existing MoneyGram and 1600 Tower office buildings and parking structures will remain,
as will the Olive Garden and Chili’s restaurants. The entire redevelopment is called “The West
End.”
In August 2007, Duke Realty received a conditional use permit to conduct grading and utility work.
Work under that conditional use permit has been complete west of Utica Avenue. The work in
Utica Avenue and east of the roadway, including relocation of public sanitary sewer and water mains
is scheduled to begin in spring 2009. City staff is currently reviewing revised utility and road
construction plans through the administrative permitting process.
“The Shops at West End” is the marketing name for the shopping center component of the project.
It is under construction and scheduled to open in September 2009 (except the proposed hotel pad
site). The West End planned unit development approved in April 2008 and amended in October
2009 did not include any property east of Utica Avenue.
Meeting of March 2, 2009 (Item No. 8c) Page 2
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
On the eastern side of the property, Duke proposes to construct three or four office buildings as a
Class “A” office park. “The Towers at West End” office park will include approximately 1,100,000
square feet of office space and will be constructed as market conditions warrant. The office
buildings will be constructed in St. Louis Park and connected to a seven level parking structure
(approximately 4,400 parking spaces) constructed in Golden Valley.
The eastern portion of the site is approximately 14 acres; 7.5 acres of which are in the City of St.
Louis Park and 6 acres in the City of Golden Valley. This area previously included six, 40 year old
office buildings totaling 178,000 square feet. Duke removed the three office buildings in Golden
Valley a few years ago and recently demolished the other three in St. Louis Park.
Duke Realty submitted preliminary plat and preliminary planned unit development applications to
both Golden Valley and St. Louis Park for review and approval from each of the respective cities.
The cities are processing these applications concurrently. Each City’s approval will be conditioned
on the other city’s approval.
Environmental Review
Five scenarios for development were analyzed in 2006 and 2007 for the environmental review, called
an Alternative Urban Area-wide Review (AUAR). This analysis covered a wide variety of
environmental impacts as required by state statutes including analysis of traffic generation and
transportation improvements, analysis of the provision of utilities to the site, and analysis on impact
to any natural systems.
Two neighborhood meetings were held during this process: one on August 8, 2006 at the beginning
of the study and one presenting the results on January 9, 2007. For these meetings, citizens from
the Cedarhurst, Blackstone and the South Tyrol Hills neighborhoods were individually invited.
The AUAR was adopted on April 9, 2007. Several mitigation items were discussed in the AUAR;
the highlights are addressed below, and are included in the PUD recommendations as appropriate.
Sanitary Sewer
The project area is served by the City’s municipal sanitary sewer system and connects into the
Metropolitan Council system. The sanitary sewer projections showed that with the five evaluated
development scenarios, the regional sanitary sewer system would need some upgrades. The
Mitigation Plan in the AUAR states that flows will be monitored by the City as the development
proceeds. If sewer flows exceed Metropolitan Council requirements, Duke may need to design and
construct appropriate temporary peak flow storage for additional development until the
Metropolitan Council interceptor is upgraded. A location for this underground tank has been
identified on the office area plans.
Meeting of March 2, 2009 (Item No. 8c) Page 3
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Sanitary sewer flows were recalibrated using the actual proposed development and square footages.
Since residential development is not included now, the revised sewer flow projections show:
• The retail and hotel portions of the development could be built under the existing flows,
taking into account that several buildings were removed.
• Two of the office buildings could be built while staying under the required Metropolitan
Council guidelines.
• The third and fourth office buildings may need to provide for on-site detention based on
projected flows if the Metropolitan sanitary sewer capacity upgrade is not completed prior to
construction.
Duke has submitted information on its utility plans for a location and design of the temporary peak
flow storage facility should it be needed. The Metropolitan Council has a study of the interceptor
underway, and expects to complete improvements in 2010-12 timeframe.
Water capacity
The project area is and will be served by City of St. Louis Park’s water utility. The AUAR
projections showed water usage would be over 90% of existing system capacity during peak periods
at full build out of the alternative that included 900 housing units. Since residential is not included
in the current proposed plan, the water usage is reduced from the initial projections. Mitigation
measures that are required include: abiding by City’s water use restrictions, following state
requirements for low-flow structures, and monitoring water use after the first and second office
buildings are built. If the water usage exceeds 90% peak capacity, the developer must work with the
City to identify city-wide and project-specific measures to increase capacity and reduce
consumption.
Transportation
A number of improvements were recommended with the proposed redevelopment to maintain
acceptable intersection operations, including:
– Installation of turn lanes
– Modification of signal phasing
– Widening of I-394 ramps
– Installation of a through lane on Park Place Boulevard
As noted below, the City is constructing improvements to Park Place Boulevard in 2008-2009 to
implement the recommendations in the AUAR. The City will continue to work with MN DOT on
proposed I-394 improvements, as noted below.
Joint Powers Agreement
The City had anticipated entering into a joint powers agreement with the City of Golden Valley in
order to consider the entire project as a cohesive development. It had been proposed that St. Louis
Meeting of March 2, 2009 (Item No. 8c) Page 4
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Park would be responsible for project plan reviews, approvals and permitting for “The West End,”
and would provide all future municipal services and permitting for the entire site.
At this time it is anticipated that a joint powers agreement of the complexity originally envisioned
will not be needed. The new office portion of the PUD is being reviewed by both communities, and
each city will act on a PUD and plat for the portion of the development within its borders. Some
type of an agreement between the cities of Golden Valley and St. Louis Park will be created to
coordinate permitting, inspections, and possibly other municipal services.
Park Place Boulevard
The City is reconstructing Park Place Boulevard in 2008-09 to accommodate the redevelopment.
The City has substantially completed the improvements recommended in the AUAR including
widening the road in certain places, and adding several left and right turn lanes along the stretch
between Gamble Drive and Wayzata Boulevard. The final lift of pavement, landscaping and other
streetscape improvements will be completed in 2009.
Transit
Metro Transit has reviewed the site plan and worked with city staff to plan for this redevelopment.
Some existing bus routes will be re-routed through the development at the appropriate time as
determined by Metro Transit. A bus layover area has been designed in the public street at the
eastern end of 16th Street, and a turnaround for buses will be needed in the office portion of the
project at the terminus of 16th Street. The Park and Ride and transit service at the corner of Park
Place and the frontage road will remain; and the existing bus shelter was replaced as part of the road
reconstruction process. There will be additional bus stops on 16th Street and Park Place Boulevard.
Streetscape plans accommodate handicap accessibility to the buses.
Minnesota Department of Transportation (MN DOT)/I-394
The City and its traffic engineers (SRF) have been working with MN DOT to evaluate and address
future traffic impacts on the regional roadway system, and consider potential improvements to I-
394. Improvements to the Collector/Distributor roadway - the system that provides access to the
freeway – would improve the operations of the interchange. Some improvements to the exits near
Park Place Boulevard/Xenia Place have been identified by MN DOT as well. The City will continue
working with MN DOT and the City of Golden Valley to determine how these improvements
might be implemented.
Travel Demand Management
St. Louis Park and Golden Valley have a joint powers agreement that requires developers to “prepare
and effectuate traffic management plans which will serve to reduce the traffic congestion.” The joint
task force approved Duke Realty’s traffic demand management (TDM) plan in 2008. The joint task
force included two council members from each city, each city manager and one staff member from
each city.
Meeting of March 2, 2009 (Item No. 8c) Page 5
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Traffic Calming
Duke Realty has agreed to contribute toward the costs of traffic calming measures along Wayzata
Boulevard east of Highway 100 in the City of Golden Valley. The exact amount of the contribution
and scope of the traffic calming improvements has yet to be determined.
Special Service District
The City Council is in the process of adopting an ordinance authorizing creation of a special service
district along Park Place Boulevard in order to ensure that the new landscaping, lighting and other
streetscape amenities are maintained at a high level.
Public Art
Spaces for public art that have been identified and include: (1) the northern terminus of West End
Boulevard, and (2) within the shopping center atrium. A third location is preliminarily identified
for the terminus of 16th Street on the east. The final location will be set as detailed plans for the
office development emerge. City staff and Duke are working with Jack Becker of Forecast Public
Artworks to select artists. The city is leading the process to select the art. The developer is expected
to fund $285,000 for public art as a part of The West End PUD.
Public Spaces
Gathering spaces accessible to the public include: West End Boulevard, pedestrian arcade, indoor
Atrium at the entrance to the movie theater, and the large green space in the center of the new office
park. West End Boulevard will be able to be partially closed for community events. In addition to
connecting the parking ramp to the movie theater, the Atrium space will include a community
meeting room, public restrooms and a police substation. The City will work with Duke on an
agreement for public use of the public spaces to be finalized as a part of the Final PUD.
Green Elements
The developer and city are working with the Minnehaha Creek Watershed District (MCWD) to
implement innovative low impact storm water management in this project. Details on these
elements will be completed with the Final PUD.
Duke intends to design the office buildings per USGBC’s Leadership in Energy and Environmental
Design (LEED) version 2.2 (core and shell). Likewise, in the retail area, the developer incorporated
several LEED design elements.
SITE INFORMATION:
The following maps, tables, data and analysis apply to the portion of The Towers at West End site
within City of St. Louis Park only, unless otherwise noted.
Meeting of March 2, 2009 (Item No. 8c) Page 6
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Site Location Map:
Site Area: 7.529 acres
Zoning: O – Office
Comprehensive Plan: Office
Current Use: Vacant Lots
Proposed Use: Office Park
Surrounding Land Uses: North: Wayzata Boulevard, I-394
East: Highway 100
South: Health Partners Office Building
West: Utica Avenue, Moneygram & 1600 Towers, Olive Garden
Meeting of March 2, 2009 (Item No. 8c) Page 7
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
PRELIMINARY PLAT ANALYSIS:
Description
The developer proposes a preliminary plat for 13.514 acres in the cities of St. Louis Park and Golden
Valley known as “The Towers at West End.” The preliminary plat would create one lot and two
outlots for future development.
Uses
Lot 1, Block 1 is on the south side of the site, connects from Utica Avenue to Highway 100, and
straddles the municipal boundary line. This site would host the proposed nine-story office building
(labeled Office #1 on the site plan) and a seven-level parking ramp.
Outlot A covers the remaining portion of the property in St. Louis Park between West 16th Street
and Wayzata Boulevard. Outlot B covers the remaining portion of the property in Golden Valley.
Both outlots need to be replatted in order to build future phases of the office park.
The lot and outlots in the proposed plat meet all subdivision requirements for minimum lot size,
shape, and dimension.
Easements
The preliminary plat provides drainage and utility easements around the perimeter of Lot 1, Block 1
THE TOWERS AT WEST END. However, at one location a subdivision variance to allow
reduced perimeter easements is required. An analysis of the variance is provided later in the report.
General descriptions of easements provided in the plat and staff recommendations follows.
The preliminary plat provides 10 feet wide drainage and utility easement along Utica Avenue, except
for a 77 feet long segment adjacent to a proposed on-street loading area. In this location, the plat
proposes a 6 feet wide easement.
The plan provides a 37 feet wide easement over the proposed underground stormwater chambers.
The underground stormwater area must be a privately owned and maintained system. The easement
is required for public inspection and emergency access.
An easement 4 feet wide runs along the St. Louis Park side of the municipal boundary. This
easement is for existing utilities that are proposed to be relocated. Duke Realty will apply for an
easement vacation later this year, after the existing utilities are relocated to Utica Avenue. The
development can not proceed until this easement is vacated.
An easement 40 feet wide is provided on the south side of Lot 1, Block 1. It is at this point that
existing utilities will be relocated to Utica Avenue.
Meeting of March 2, 2009 (Item No. 8c) Page 8
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Subdivision Variance Analysis
The subdivision code requires drainage and utility easements abutting streets to be 10 feet wide, and
that interior lot lines provide 5 feet wide easements. The applicant requests a subdivision variance
for Lot 1, Block 1 to allow a reduction from 10 feet to 6 feet for a 77-foot long segment along Utica
Avenue where an off-street loading area is proposed. This report does not address easements
provided on the Golden Valley portion of the lot.
The proposed redevelopment project has an urban and dense character. Buildings are near the street
right-of-way to provide immediate pedestrian access from the sidewalk to building entries. Office #1
is 10 feet from the property line at the closest point, however, the foundation for this building will
be somewhat closer than 10 feet.
Granting the variance from 10 feet to six feet for this segment along Utica Avenue will not impair
the ability to accommodate needed utilities to serve the development. It also makes a pedestrian-
oriented design possible.
The developer’s request meets the standards for granting subdivision variances. Granting the
variance will not be detrimental to the public health, safety or welfare of the community and is not
contrary to the intent of the Comprehensive Plan. The variance is reasonable and necessary.
Tree Preservation
The tree preservation plan is consistent with that approved for The Shops at West End. There are
many trees that were removed during the soil correction, grading, and construction already
underway. The landscaping plan for The West End will meet the tree replacement requirements.
Duke Realty has provided a $175,000 cash escrow for the commensurate tree replacement fee. This
escrow will be refunded and replaced with a letter of credit upon final approval of the landscaping
plan to guarantee installation.
Park Dedication
The developer paid park dedication fees totaling $917,700 to the City of St. Louis Park in 2008
when The Shops at West End plat was approved. No additional park dedication fees are due.
Engineering Comments
The City hired Ron Quanbeck of TKDA to review the preliminary plat, preliminary PUD, and
Phase 1A plans. (Phase 1A plans are road and utility plans being reviewed administratively). Overall,
the subdivision, street, drainage, grading, utility and erosion control plans are acceptable. There are
some remaining details to be addressed before final plat and final PUD approvals. Staff recommends
a general condition of approval that Duke Realty shall address the TKDA comments before final plat
and final PUD approval.
Meeting of March 2, 2009 (Item No. 8c) Page 9
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
ZONING ANALYSIS:
The Towers at West End site within the Office zoning district. The development meets all the
district requirements, except setbacks. The City can approve these setback modifications through
the PUD process, as discussed later in this report.
Zoning Compliance Table:
The following table is specific to the office park portion of the project, unless noted as “The West
End”.
Factor Required Proposed Met?
Use Office (with CUP) Office (with CUP) Yes
Lot Area 2.0 acres 7.529 acres Yes
Height 240 feet, None with PUD Existing Offices: 162 ft.
Proposed offices: 245 ft.
Yes
Building Materials 60% Class I materials 65-67% Class I materials Yes
Parking Ramp Materials Compatible materials Acid-etched architectural precast
spandrel panels
Yes
Floor Area Ratio 1.5, None with PUD The West End = 1.14 Yes
Ground Floor Area
Ratio
N/A The West End = 0.27 Yes
Off-Street Parking 3,416 – 3,701 spaces 4,442 – 4,755 spaces Yes
Bicycle Parking 341-371 spaces 40% of requirement, proof of
parking for remaining 60%
provided
Yes
Open Area/DORA The West End = 122,482 sq. ft.
(12% of gross floor area)
The West End = 151,060 sq. ft.
(14.8% of gross floor area)
Yes
Landscaping See Landscaping section Yes
Yards (Setbacks) None with a PUD At least 10 feet; varies widely Yes
Mechanical Equipment Full screening required Provided Yes
Sidewalks Required along all streets and
building frontages
Provided along all streets and
building frontages
Yes
Refuse handling Full screening required Within buildings/enclosed areas Yes
Transit service None required Served by routes 9, 604, 649 Yes
Stormwater
Management
Required Provided underground Yes
Meeting of March 2, 2009 (Item No. 8c) Page 10
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Use
Offices exceeding intensity classification 6 are permitted with a conditional use permit. The
proposal meets, or is able to meet, all the office district conditions listed below. The conditional use
permit will be deemed approved with the final PUD.
1. The materials used in and placement of all signs shall be integrated with the building design and
architecture. The sign plan has not been submitted with the preliminary PUD application. Staff
recommends this as a condition of final approval.
2. Landscape berms shall be used to reduce noise, improve views, and to produce other
environmental benefits. Berms shall also be used for wildlife refuge, wind and snow breaks, dust
reduction and to separate incompatible uses and control drainage. No landscape berms are
proposed, needed, or desired on this site.
3. Buildings shall be designed with proper provision and orientation for the pedestrianway/skyway
system to serve and link development. The plan provides pedestrian access through the middle
of the site, and provided for potential future skyway connections between the office buildings.
4. Buildings shall be oriented and designed so as not to detract from one another or to unduly
restrict views to open space, malls and vistas. The plan was developed in a coordinated fashion
to preserve views of the Minneapolis skyline from the new office buildings, and existing office
towers to the extent possible. Duke Realty owns the two existing office towers west of Utica
Avenue and incorporated the existing buildings into The West End PUD.
5. All new buildings shall be compatible and complimentary with existing buildings. Elements of
compatibility include, but are not limited to building form and mass, exterior materials and their
appearance and durability, landscaping, exterior lighting and site improvements. The buildings
are clearly compatible with the existing office towers west of Utica Avenue.
6. Loading areas, access, parking, signing, and building equipment shall be prohibited or
minimized next to residential areas to the extent appropriate in order to ensure compatible
development. The site is not adjacent to residential properties.
7. Open space and pedestrian links shall be established to provide access to buildings, parking and
transit; provide space for active and passive recreation, ponds, and preserving wetlands; and a
suitable setting for buildings. The Plan provides for a large open space between Office #2 &
Office #3 that is about the size of a football field. The design will need to be refined and when a
final PUD is submitted for this area. The space provides great opportunities for both active and
passive recreation for office employees and people passing through the site.
Meeting of March 2, 2009 (Item No. 8c) Page 11
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
8. The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it
is located and conditions of approval may be added as a means of satisfying this requirement.
The plan is consistent with the comprehensive plan and The West End PUD concept plan.
Architectural Design
The proposed office building design is very similar to the Moneygram and 1600 Towers, but has
several updates. The proposed buildings are compatible with the surroundings. The building
exteriors are 65% glass and spandrel glass, approximately 28% architectural precast, and 10%
composite metal panel. The buildings meet City Code requirements.
The proposed parking structures have acid-etched precast spandrel panels for the exterior material.
This material will be compatible with the proposed buildings. The City of Golden Valley will
review the parking structures.
Parking
The plan provides a surplus of parking for the proposed office park development. Duke Realty
insists the proposed parking counts are absolutely necessary for the site to be marketable in the Twin
Cities. The plan meets city code requirements.
Access
The plan provides three driveways onto Utica Avenue and two driveways onto Wayzata Boulevard.
This is a change from the original concept plan review by the City, which had four parking ramp
exits on the east side of the ramp and only two on the west side. Residents to the east of Highway
100 had concerns about the original plan.
The south driveway access, near the Health Partners building, is not acceptable and must be revised
prior to final plat and final PUD approval. Duke Realty is working with the neighboring property
owner to evaluate three potential alternatives that will better coordinate or separate accesses in this
area.
Loading/Service Areas
The number and size of loading areas meet City Code requirements. Unfortunately, the plan cannot
entirely separate the loading areas from employee traffic. The loading/service areas are screened view
of public streets by the office buildings, parking ramps, and site landscaping. The loading areas are
located between the buildings, where the buildings connect to the parking ramps.
Meeting of March 2, 2009 (Item No. 8c) Page 12
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Landscaping
The developer will submit a final landscape plan with the Final PUD application. The preliminary
landscape plan for The West End demonstrated the ability to comply with the tree replacement
requirement. However, The West End PUD as a whole cannot meet the minimum number of tree
and shrub plantings, so the development relies on the alternative landscaping provisions of the
zoning code.
There are sufficient opportunities within the project to meet the landscaping requirements, but the
final package of alternative landscaping needs additional review. Most significantly, the large open
space between Office #2 and Office #3 is viewed by staff as a “place-holder” and envelope for more
detailed and refined plans for the design and use of this open space. For example, this is one area
identified as an appropriate location for public art.
The City Forester provided additional comments related specifically to The Towers at West End
plans, which staff anticipates will be incorporated into future plan revisions.
Signage
A sign plan was not submitted for review.
Utilities
The consulting engineer’s comments on the utility plan shall be incorporated into future plan
revisions. All utilities shall be placed underground, excluding transformers and gas meters, but
including other utilities service structures, such as electrical boxes and pedestals. There must
continue to be close coordination with small utility companies on the placement, screening and
burying of these structures to maintain the high aesthetic quality of the streetscape and development.
The plans shows the proposed location of a sanitary sewer detention system. The property owner
will be required to provide an easement over that area should it be required based on development,
flow monitoring, and projected impacts on the capacity of the regional system.
Separate domestic and fire water services will be required to each building. Private water service lines
within the project may need to be looped.
PLANNED UNIT DEVELOPMENT (PUD) OBJECTIVES:
The West End includes certain modifications from the Office zoning district standards. The Zoning
Code requires that applicants for a Planned Unit Development demonstrate how the proposal will
“enhance, support, and further the following objectives”:
1. Provide for integrated pedestrian facilities to and within the project:
The West End PUD extended the existing street grid, incorporating the layout of 16th Street and
Utica Avenue and augmenting the grid with additional private roads and pedestrian corridors.
Meeting of March 2, 2009 (Item No. 8c) Page 13
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Sidewalks are provided along all streets. To further improve pedestrian connections, The
Towers at West End proposes a ground level, public pedestrian connection through the site.
The plan also provides for potential skyways to connect the new office buildings.
2. Enhance linkages to mass transit facilities:
At the current time, the development site is served by three Metro Transit routes: the 9, 604 and
649. Route 9 is a “frequently operating transit line” under the existing Zoning Code and Metro
Transit may increase the frequency and modify the routes following the construction of the
office park.
The Towers at West End plan provides for a future bus turnaround at the intersection of West
16th Street and Utica Avenue, consistent with Metro Transit’s request. The development has the
opportunity to take advantage of regular transit access to locations throughout the Twin Cities
Metropolitan area.
3. Incorporate implementation of travel demand management strategies as part of the PUD.
The St. Louis Park-Golden Valley joint task force approved a traffic demand management plan
for the development in 2008. The purpose of a travel demand management plan is to spread the
number of automobile trips throughout the day, reducing the negative impacts that occur during
peak travel times.
4. Provide public plazas and designed outdoor recreation area which exceeds minimum chapter
requirements:
The West End redevelopment includes 14.8% of the gross building area for Designed Outdoor
Recreation Area (DORA). A portion of the DORA is satisfied with indoor gathering spaces,
including two atriums totaling 9,000 square feet. The requirement is 12% for the gross building
area. It is noteworthy that the developer was able to exceed the DORA requirement even in a
very dense redevelopment site that required significant road right-of-way dedication.
5. Provide a high degree of aesthetics through overall design and display of public art:
The West End redevelopment includes a site plan that provides enhanced gathering spaces,
streetscape elements, Class “A” office and upscale retail buildings, impressive and interesting
architectural features, and public art opportunities.
PUD MODIFICATIONS:
The final PUD will include a conditional use permit for the office towers, which exceed intensity
classification 6, and may need to include a conditional use permit to allow more than one principal
use and building on a lot.
The developer requests the following PUD modifications:
Meeting of March 2, 2009 (Item No. 8c) Page 14
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Setbacks
Buildings do not have to be set back from the property line in a PUD. All the buildings in The
West End PUD are very near the road right-of-way to achieve an urban image. Generally, The
Shops at West End buildings are at least five feet from the property lines, however, in some cases the
foundations of the buildings will abut the right-of-way. The Towers at West End buildings and
parking structures are at least 10 feet from property lines, but foundations may be closer than 10
feet. A blanket waiver from the building setback requirements is necessary.
Designed Outdoor Recreation Area (DORA)
The West End PUD meets DORA requirements. A modification to included indoor gathering
spaces (the retail and office atriums) was approved by the City Council.
FINANCIAL CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Resolutions
Overall Site Plan Map (color)
Preliminary Plat
Overall Site Plan (Sheet C2A)
Site Layout Plan (Sheet C2B)
Grading Plan (sheet C3A)
Utility Plan (Sheet C4A)
Landscape Plan – Office (C7A)
Landscape Details – Office (C7B)
Enlarged Site Plan – Office #1 (Sheet A101)
Exterior Elevations (Sheets A400, A401, A402, A403, A410, A411)
Prepared by: Sean Walther, Senior Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of March 2, 2009 (Item No. 8c) Page 15
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
RESOLUTION NO. 09-____
RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT WITH A SUBDIVISION
VARIANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS
THE TOWERS AT WEST END
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Duke Realty L.P., owner and subdivider of the land proposed to be platted as The
Towers at West End has submitted an application for approval of preliminary plat of said
subdivision with a variance from the subdivision ordinance for perimeter drainage and utility
easements (Section 26-154a) in the manner required for platting of land under the St. Louis Park
Ordinance Code, and all proceedings have been duly had thereunder.
2. The proposed preliminary plat has been found to be in all respects consistent with
the City Plan and the regulations and requirements of the laws of the State of Minnesota and the
ordinances of the City of St. Louis Park.
3. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
Outlot A, THE SHOPS AT WEST END, Hennepin County, Minnesota
4. There are special circumstances affecting the property such that the strict application
of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable
use of the land. Such circumstances arise due to relocation of public sanitary sewer mains and
urban design objectives for the site. The building is located near the street right-of-way to provide
immediate pedestrian access from the sidewalk to building entrances.
5. Granting the variance will not be detrimental to the public health, safety, and welfare
or injurious to other property in the territory in which the property is situated. Granting a variance
from 10 feet to six feet for a 77-foot long segment along Utica Avenue will not impair the ability to
accommodate needed utilities to serve the development. The present road right-of-way and
proposed easements will accommodate existing and relocated utilities.
Meeting of March 2, 2009 (Item No. 8c) Page 16
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
6. The variance corrects inequities resulting from an extreme physical hardship. The
development requires relocation of public sanitary sewer mains and soil correction.
7. The variance is not contrary to the intent of the Comprehensive Plan. The
Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as
stormwater management, structured parking, sidewalks, and buildings located close to the street.
Such redevelopment on this site could not occur without a variance.
Conclusion
1. The proposed preliminary plat of The Towers at West End with a subdivision
variance is hereby approved and accepted by the City as being in accord and conformity with all
ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of
Minnesota, subject to the following conditions:
a. A variance is approved from the subdivision ordinance for perimeter drainage
and utility easements from 10 feet to six feet for a 77-foot long segment adjacent
to a planned on-street loading area along Utica Avenue.
b. The underground stormwater management shall be a private-owned and
maintained system. The drainage and utility easement is required for public
inspection and emergency access.
c. The plat shall be revised to address the comments in the Consulting Engineer
Plan Review Letter before applying for final plat and final PUD.
d. City of Golden Valley approval of that portion of the plat within its jurisdiction.
e. All utility service structures shall be buried. If any utility service structure cannot
be buried (i.e. electric transformer), it shall be integrated into the building design
and 100% screened from off-site.
2. The City Clerk is hereby directed to supply two certified copies of this Resolution to
the above-named owner and subdivider, who is the applicant herein.
3. The developer or owner shall pay an administrative fee of $750 per violation of any
condition of this approval.
Meeting of March 2, 2009 (Item No. 8c) Page 17
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager Mayor
Attest:
City Clerk
Meeting of March 2, 2009 (Item No. 8c) Page 18
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
RESOLUTION NO._____________
RESOLUTION APPROVING A
PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD)
LOCATED AT
5201 UTICA AVENUE SOUTH
THE TOWERS AT WEST END
WHEREAS, Duke Realty, L.P. submitted an application for approval of a Preliminary
Planned Unit Development (PUD) under Section 36-367 of the zoning code, and
WHEREAS, the subject property is located within the O – Office zoning district; and
WHEREAS, the proposed office buildings exceed intensity class 6 under Zoning Code
Section 36-115, Table 36-115C and are permitted by conditional use permit. The proposal meets,
or is able to meet, all the office district conditions and said conditional use permit(s) shall be deemed
granted upon final PUD approval.
WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of
property within 350 feet of the subject property, and
WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the
meeting of January 21, 2009, and
WHEREAS, notice of public hearing on the Preliminary PUD was published in the St.
Louis Park Sailor on January 8, 2009, and
WHEREAS, the Planning Commission held the public hearing at the meeting of January
21, 2009, and
WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on
a 5-0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments in
the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Meeting of March 2, 2009 (Item No. 8c) Page 19
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
Findings
1. Duke Realty L.P. has made application to the City Council for a Planned Unit Development
under Section 36-367 of the St. Louis Park Ordinance Code within the O - Office District located
at 5201 Utica Avenue South for the legal description as follows, to-wit:
Outlot A, THE SHOPS AT WEST END, Hennepin County, Minnesota
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 08-50-PUD) and the effect of the proposed PUD on the health, safety and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values
of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and
compliance with the intent of the Zoning Ordinance.
3. The City Council has determined that the PUD will not be detrimental to the health, safety, or
general welfare of the community nor with certain contemplated traffic improvements will it cause
serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values.
The Council has also determined that the proposed PUD is in harmony with the general purpose
and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested
modifications comply with the requirements of Section 36-367(b)(5). The specific modifications
include:
a. Reduction in all yard (setback) requirements.
4. The contents of Planning Case File 08-50-PUD are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Preliminary Planned Unit Development at the location described is approved based on the
findings set forth above and subject to the following conditions:
1. City of Golden Valley approval of that portion of the redevelopment within its jurisdiction.
2. City Council vacation of the existing 25 feet wide easement along the municipal boundary on
Outlot A and Lot 1, Block 1, THE TOWERS AT WEST END, Hennepin County, Minnesota.
3. The materials used in, and placement of, all signs shall be integrated with the building design
and architecture. Sign permits are required.
Meeting of March 2, 2009 (Item No. 8c) Page 20
Subject: The Towers at West End – Preliminary Plat with Variance and Preliminary PUD
4. The south driveway access near the Health Partners building shall be revised to better coordinate
and/or distinguish between the access and circulation of traffic between the two properties prior
to final plat and final PUD approvals.
5. The plans shall be revised to address the comments in the Consulting Engineer Plan Review
Letter before final plat and final PUD approvals.
6. All utilities shall be placed underground, excluding transformers and gas meters, but including
other utilities service structures such as electrical boxes and pedestals. The property owner shall
continue to coordinate with small utility companies on the placement, screening and burying of
these structures to maintain the aesthetic quality of the streetscape and development.
7. The property owner shall provide a public drainage and utility easement over the sanitary sewer
detention area should detention be required based on monitoring and projection of sanitary
sewer capacity in the regional system.
8. Separate domestic and fire water services shall be provided to each building.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per
violation of any condition of this approval.
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the Final P.U.D. The development agreement
shall address those issues which the City Council deems appropriate and necessary. The Mayor and
City Manager are authorized to execute the development agreement.
Reviewed for Administration: Adopted by the City Council March 2, 2009
City Manager Mayor
Attest:
City Clerk
OVERALL SITE PLAN1060.002.00 I 12 DECEMBER 2008THE TOWERS AT WEST ENDPRELIMINARY PUD/ PLATSITE PLAN1111222222222323232324242424323233333331313131121212EXISTING1550 TOWER EXISTING1600 TOWER
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