HomeMy WebLinkAbout2008/05/19 - ADMIN - Agenda Packets - City Council - Regular
AGENDA
MAY 19, 2008
Councilmembers Sanger and Finkelstein Gone.
6:30 p.m. SPECIAL STUDY SESSION – Westwood Room
DISCUSSION ITEM
1. Consider Modifications to Business Licensing Program
7:15 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Public Works Week Proclamation
3. Approval of Minutes – None
3a. City Council Study Session Minutes April 28, 2008
3b. City Council Meeting Minutes April 28, 2008
3c. Closed Executive Session April 28, 2008
3d. City Council Meetings Minutes May 5. 2008
3e. Joint City Council/School Board Meeting Minutes May 6, 2008
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 - None
7. Requests, Petitions, and Communications from the Public
Meeting of May 19, 2008
City Council Agenda
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 7200 Cedar Lake Road – Walgreens Retail Store
Recommended Action:
Motion to Adopt Resolution approving a Conditional Use Permit for drive-through
service at 7200 Cedar Lake Road.
Motion to Adopt Resolution approving a Variance for a drive-through setback for
the project at 7200 Cedar Lake Road.
8b. Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550
Minnetonka Boulevard
Recommended Action:
Motion to Adopt Resolution approving the final plat of Westling Estates with
variances to allow a two foot drainage and utility easement instead of the required 10
feet and a three foot drainage and utility easement instead of the required five feet.
Motion to Adopt Resolution to allow a 3.2 foot side yard instead of the required six
feet for the existing home, and to allow a 9.5 foot side yard instead of the required
12.7 feet for the existing home.
Motion to Adopt Resolution to allow an existing accessory building with a ground
floor area of 1165 square feet instead of the allowed maximum of 800 square feet,
and a variance to allow an accessory building to have a 25.6 foot height instead of the
allowed maximum of 24 feet.
8c. Hoigaard Village – Design of Park Area and Art – Discussion Item/No Action
Required
8d. Adjourn to a Closed Door/Executive Session to discuss with the City Attorney
pending/threatened litigation with ARINC.
9. Communication
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call
the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting.
Meeting of May 19, 2008
City Council Agenda
4. CONSENT CALENDAR
4a. Adopt Second Reading of Ordinance approving the vacation of a portion of the 1st Street
NW right-of-way extending approximately 90 feet northeast of Walker; and to approve the
summary and authorize publication
4b. Enter into the Twin City Environmental Health Mutual Aid Agreement
4c. Adopt Second Reading of Ordinance approving changes to Chapter 34 of the City Code,
approve ordinance summary and authorize publication
4d. Adopt Resolution Authorizing the Fund Equity Transfer
4e. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a
contract with the firm in the amount of $201,255.39 for the 2008 MSA Street Improvement
Project – Project No. 2007-1100
4f. Adopt Resolution approving an amendment to the Easement Agreement for 3515 Beltline
Boulevard
4g. Approve for Filing Planning Commission Minutes April 16, 2008
4h. Approve for Filing Parks and Recreation Advisory Commission Minutes March 19, 2008
4i Approve for Filing Housing Authority Minutes April 9, 2008
4j. Approve for Filing Vendor Claims
St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV
cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed
live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays
on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17.
The agenda and full packet are available by noon on Friday on the city’s website.
Meeting Date: May 19, 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:
National Public Works Week.
RECOMMENDED ACTION:
The Mayor is asked to read and present a Proclamation to proclaim May 18-24, 2008 as “National
Public Works Week”.
POLICY CONSIDERATION:
None.
BACKGROUND:
The American Public Works Association (APWA) has selected “The Future Is Now” as its theme for
2008’s National Public Works Week, which will be celebrated May 18-24. The theme’s dual
purpose is both a celebration and a caution as it reminds us of how far public works has progressed
and, yet, how far it has to go in assuring the highest quality infrastructure possible.
National Public Works Week (NPWW) is a celebration of the tens of thousands of men and women
in North America who provide and maintain the infrastructure and services collectively known as
public works.
Instituted as a public education campaign by the American Public Works Association (APWA) in
1960, NPWW calls attention to the importance of public works in community life. The Week seeks
to enhance the prestige of the often–unsung heroes of our society–the professionals who serve the
public good every day with quiet dedication.
APWA encourages public works agencies and professionals to take the opportunity to make their
stories known in their communities. Over the years the observances have taken many forms,
including parades, displays of public works equipment, high school essay contests, open houses,
programs for civic organizations and media events. The occasion is marked each year with scores of
resolutions and proclamations from mayors and governors, as well. Some special highlights of
NPWW include a United States Senate resolution affirming the first National Public Works Week
in 1960, letters of acknowledgment from Presidents Dwight Eisenhower and Lyndon Johnson, and a
Presidential Proclamation signed by John F. Kennedy in 1962.
Meeting of May 19, 2008 (Item No. 2a) Page 2
Subject: Proclamation Public Works Week 2008
From the beginning, the selection of a Top Ten list of exceptional public works professionals has
been a cornerstone of NPWW. The program has identified more than 400 men and women who
reflect the highest standards of professional conduct for public works officials. These honorees have
been recognized for discharging critical responsibilities in connection to the design, construction,
maintenance and/or operation of major public works projects or activities in large and small
municipalities throughout North America. Often their accomplishments are particularly noteworthy
in relation to the limited manpower and financial resources available to them.
National Public Works Week is observed each year during the third full week of May. Through
NPWW and other efforts, APWA seeks to raise the public’s awareness of public works issues and to
increase confidence in public works employees who are dedicated to improving the quality of life for
present and future generations.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
Not applicable.
Attachments: Proclamation – National Public Works Week
Prepared by: Mike Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 2a) Page 3
Subject: Proclamation Public Works Week 2008
PROCLAMATION
National Public Works Week
WHEREAS, public works services provided in our community are an integral
part of our citizens’ everyday lives; and
WHEREAS, the support of understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water, sewers,
streets and highways, public buildings, and solid waste collection; and
WHEREAS, the health, safety and comfort of this community greatly depends
on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is
materially influenced by the people’s attitude and understanding of the importance of the work they perform,
NOW THEREFORE, let it be known that the Mayor and City Council of
the City of St. Louis Park wish to proclaim the week of May 18 – 24, 2008 as
“NATIONAL PUBLIC WORKS WEEK” and call upon all citizens and civic
organizations to acquaint themselves with the issues involved in providing our public
works and to recognize the contributions which public works officials make every day
to our health, safety, comfort and quality of life.
WHEREFORE, I set my hand and cause the
Great Seal of the City of St. Louis Park to be
affixed this 19th day of May, 2008.
______________________________________
Jeffrey W. Jacobs, Mayor
Meeting Date: May 19, 2008
Agenda Item #: 3a
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
APRIL 28, 2008
The meeting convened at 6:03 p.m.
Councilmembers present: Mayor Jeff Jacobs, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran
Paprocki and Susan Sanger.
Councilmembers absent: John Basill
Staff present: City Manager (Mr. Harmening), Fire Chief (Chief Stemmer), Public Works Director
(Mr. Rardin), Communications Coordinator (Mr. Zwilling) and Recording Secretary (Ms.
Schmidt).
Guest: None
1. Future Study Session Agenda Planning
Mr. Harmening and Council discussed study session agenda planning.
2. Municipal Facilities Update
Mr. Harmening presented the staff report, updating Council on the fire station project, the
municipal service center and City Hall facilities.
Councilmember Sanger asked when a decision would need to be made for a north side location. Mr.
Harmening stated it would be desirable to have some type of direction by fall. Councilmember
Sanger asked when Walgreen’s would be up and operating. Mr. Harmening stated their intent was
no later than a year after start of construction. Councilmember Sanger suggested it could be a good
opportunity to locate the station at a different corner of the intersection.
Councilmember Carver asked if staff had looked at the area south of Louisiana Avenue near the
railroad tracks. Mr. Harmening stated yes.
Mr. Harmening explained that with the anticipated demolition of fire station 1, the Utilities
Division would be displaced. This occurrence, along with other modifications required to be made
to the MSC, has created the need to conduct a needs assessment at the Municipal Service Center
(MSC). The assessment would evaluate design options for an addition, verify that the site could
accommodate necessary building construction, and storage operations for the City.
Mr. Harmening stated that the exterior of city hall was scheduled to be refurbished this summer as
well as refreshing the landscape and possibly adding some public art.
Mr. Harmening stated there might be an opportunity to stage the financing consequences with the
fire station to create less impact.
Councilmember Sanger asked if the Utilities Division could rent office place for displaced people.
Mr. Harmening stated it was a possibility.
Meeting of May 19, 2008 (Item 3a) Page 2
Subject: City Council Minutes April 28, 2008
Councilmember Carver stated he liked the idea of staggering the construction of the stations so they
could have one up and running while other is being constructed. Mr. Harmening stated by
staggering it, they could house station 2 crews at station 1 while station 2 was being constructed.
Chief Stemmer stated that theoretically they could.
Councilmember Finkelstein asked if they could afford to wait on station 2. Chief Stemmer stated
he, as well as staff, felt they could, explaining that the floors in fire station 2, although bad, were not
as bad as the floors at station 1, and that they could continue to operate out of it while station 1 was
being constructed.
Councilmember Sanger suggested factoring in for fire truck activity in the traffic impact study for
Cedar Lake Road. Councilmember Carver stated the fire trucks would still have difficulty during
rush hour on Cedar Lake Road regardless of location.
3. Water Tower Painting
Mr. Zwilling presented the staff report, explaining that displaying public art on the water tower
would be difficult. He suggested keeping the color, name and logo consistent with the other towers.
Council and staff had discussion on staff’s recommendations and if there were any marketing and
branding possibilities for public art. The consensus of Council was to agree with staff’s
recommendations.
4. Communications (verbal)
Mayor Jacobs stated he would be gone May 12th and Councilmember Finkelstein stated he would be
gone May 19th.
Mr. Harmening stated the annual League of Minnesota Cities conference would be the week of June
12th, stating there were board positions open if anyone was interested.
Mr. Harmening stated staff had some policy concerns relating to board and commission
representatives expressing interest in RFPs for the fire department and/or MSC. He went on to state
that he spoke with the City Attorney and was advised that it would be allowable with the unanimous
vote of the Council. Several councilmembers had concerns with allowing commissioners to provide
services to the city. Council and staff had discussion on the subjectivity and it was suggested that
more discussion would be needed before formalizing anything.
The meeting adjourned at 6:57 p.m.
Written Reports provided and documented for recording purposes only:
5. March 2008 Monthly Financial Report
6. Quarterly Investment Report (January – March, 2008)
7. Vegetation Ordinance Amendments
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: May 19, 2008
Agenda Item #: 3b
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
APRIL 28, 2008
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran
Paprocki and Susan Sanger.
Councilmembers absent: John Basill
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knetsch), City Clerk (Ms.
Stroth), Community Coordinator (Mr. Zwilling), HR Director & Deputy City Manager (Ms.
Gohman), Senior Planner (Mr. Walther), Planning & Zoning Supervisor (Ms. McMonigal), City
Engineer (Mr. Brink), HR Coordinator (Ms. Fosse) and Recording Secretary (Ms. Schmidt).
Guests: JR Anderson; Dave Bade and Darryle Henry, Duke Realty
2. Presentations – None
3. Approval of Minutes
3a. City Council Minutes April 7 2008
It was noted on page five, item #8b, the second paragraph, first sentence should state: “… or
if the traffic would be rerouted while working on it.”
The minutes were approved as amended.
3b. Special City Council Study Session Minutes April 7, 2008
It was noted on page one, item #1, the third paragraph, second sentence should state:
“Councilmember Sanger stated her concern with selling ads and felt that if the City
published these ads, such as the resident handbook, web site, etc., then they should be paid
for …”
The minutes were approved as amended.
3c. Closed Executive Session Minutes April 7, 2008
The minutes were approved as presented.
Meeting of May 19, 2008 (Item 3b) Page 2
Subject: City Council Minutes April 28, 2008
3d. City Council Study Session Minutes April 14, 2008
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a. Approve a Financial Services Contract and Adopt Resolution No. 08-053,
authorizing financial services to the City of St. Louis Park Housing Authority for a
period of two years.
4b. Designate Midwest Asphalt Corporation the lowest responsible bidder and authorize
execution of contract with the firm in the amount of $1,348,674.24 for Local Street
Rehabilitation Project – Area 4, Project No. 2007-1000.
4c. Authorize execution of a contract with KLM Engineering Inc. (KLM) for
engineering services related to Water Project – EWT #4 – Project 2007-1500.
4d. Authorize execution of a contract with BARR Engineering Company for engineering
services related to the development of a new Surface Water Management Plan for the
City.
4e. Approve Amendment No. 2 to Contract 134-07, which provides additional
engineering consulting services for design of the Park Place Boulevard
Reconstruction Project – Project No. 2007-1101.
4f. Approve Amendment No. 2 to Contract 89-06 providing additional engineering
services for the CSAH 25 Ped Bridge Project, Project No. 2005-2100.
4g. Approve Amendment No. 1 to Contract No. 77-07 providing additional engineering
services for the West End Development Project.
4h. Approve a Stormwater Maintenance Agreement with the Minnehaha Creek
Watershed District (MCWD) for Street Project: Park Place Boulevard
Reconstruction - Project 2007-1101.
4i. Adopt Resolution No. 08-054, authorizing the execution and delivery of Amended
and Restated Bond Trust Indentures, Amended and Restated Loan Agreements, and
other documents related to the delivery of a new liquidity facility and additional
credit enhancement in connection with the City’s Health Care Facilities Revenue
Refunding Bonds (Park Nicollet Health Services) Series 2007A and Health Care
Facilities Revenue Bonds (Park Nicollet Health Services), Series 2007B.
4j. Appoint C. Paul Carver to the I-394 Travel Demand Management Task Force.
4k. Approve Encroachment Agreement with BFW and Associates, LLC, for use of
easement for a retaining wall at 7525 Wayzata Boulevard.
4l. Approve for Filing of Housing Authority Minutes January 9, 2008.
4m. Approve for Filing of Housing Authority Minutes March 9, 2008.
4n. Approve for filing of Planning Commission Minutes March 19, 2008.
4o. Approve for filing Planning Commission Minutes April 2, 2008.
Meeting of May 19, 2008 (Item 3b) Page 3
Subject: City Council Minutes April 28, 2008
4p. Approve of filing of Vendor Claims.
It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, 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. Public Hearing Off-Sale Liquor License – The Four Firkins
Ms. Stroth presented the staff report.
Mayor Jacobs opened the public hearing at 7:38 p.m.
Jason Alvey, The Four Firkens, 3618 - 6th Street North, explained his proposal, stating his
request was for a specialty local and imported beer store, with brewery antiques displayed
throughout the store and felt it would benefit the community by bringing in patrons from
various states. He further stated he would be checking ID’s and providing the best customer
service he could.
Mayor Jacobs closed the public hearing.
Councilmember Carver stated he appreciated the fact that Mr. Alvey stated he would be
checking IDs of all customers and suggested he establish a policy to do so.
Councilmember Paprocki stated he felt it could be a good gathering place for enthusiasts, as
well as helping to build good community relationships.
It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to
approve off-sale intoxicating liquor license to The Four Firkins – Lagers, Ales and Wines,
LLC, located at 8009 Minnetonka Boulevard for the license term of May 1, 2008 through
March 1, 2009.
The motion passed 6-0.
6b. Public Hearing and First Reading of Ordinance - West End Sewer Easement
Vacation
Mr. Walther presented the staff report.
No speakers present. Mayor Jacobs closed the public hearing.
Meeting of May 19, 2008 (Item 3b) Page 4
Subject: City Council Minutes April 28, 2008
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve
the first reading of an Ordinance approving the vacation of a portion of a Sewer Easement
on Lot 4, Block 1, WEST END, and set the second reading of the proposed ordinance for
May 5, 2008.
The motion passed 6-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Project Report – Park Place Boulevard Improvements – Project No. 2007-1101
Resolution No. 08-055
Mr. Brink presented the staff report.
Councilmember Sanger stated she thought the project would be great when it was
completed. She also stated concern with traffic issues and asked what was planned for
rerouting traffic and the traffic impact, especially along Zarthan. Mr. Brink stated they
would be posting the detour, have temporary signals, build the road half at a time, and work
with the businesses for their assistance. He stated that Zarthan would see more traffic and
hoped to work with the property owners as much as possible.
Councilmember Sanger suggested notices be sent out to the Blackstone and Cedarhurst
neighborhoods.
Councilmember Sanger asked if they had figured out how to connect the trail on west side of
Park Place Blvd. to Golden Valley. Mr. Brink stated it would connect with the sidewalk at
the ramps and the existing infrastructure, but the trail would not be extended.
Councilmember Sanger asked if bikes would then be permitted on the sidewalk at that
location. Mr. Brink stated staff had not yet discussed that possibility. Councilmember
Sanger suggested staff look into more options at connecting the trail to the other side of the
bridge. Mr. Brink stated he was under the understanding that Golden Valley submitted a
transit for livabilities funding grant for the project and would discuss it further with them.
Councilmember Paprocki reminded staff to try to minimize the impact on the large
convention attendance planned for September. Mr. Brink stated staff would be working
with the hotels in the area.
It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt
Resolution No. 08-055, accepting this report, establishing and ordering Improvement
Project No. 2007-1101, approving plans and specifications, and authorizing advertisement
for bids.
Meeting of May 19, 2008 (Item 3b) Page 5
Subject: City Council Minutes April 28, 2008
The motion passed 6-0.
8b. “West End” - Final Plat and Final Planned Unit Development
Resolution No. 08-056 and 08-057
Ms. McMonigal presented the staff report. Mr. Walther presented the final PUD report.
Mr. Anderson explained the design and architectural elements, signage and identification
review.
Councilmember Finkelstein asked what percentage had been leased and how many
restaurants were proposed. Mr. Anderson stated approximately 65 percent of the square
footage had been leased, with six full service sit down restaurants, two fast-casual type
restaurants, some local new concept type and some regional/national type chain restaurants.
David Bade, Duke Realty, updated Council on the current watershed district developments.
He stated they had upgraded all three-pipe galleries to infiltration gallery type systems which
improves the water quality downstream immensely.
Councilmember Omodt asked how they would get the phosphorous out of the water. Mr.
Bade stated through the infiltration.
Councilmember Finkelstein asked when the office building project would be re-looked at.
Mr. Bade stated depending on the market condition, late 2008 or early 2009. Mr. Henry,
Duke Realty stated 2008 might be a little aggressive, but hopefully the market will turn
around sometime in 2009.
Councilmember Sanger stated she thinks there were a lot of good elements with the plan,
but still had a concern with traffic and if there would be enough parking. She further asked
if there could be electronic signage on each ramp advising of spaces available. Mr. Bade
stated they will look at the parking study more closely, making changes where possible. He
went on to state that electronic signage would be a challenge in trying to tie in with the
shared parking ramps. Mr. Bade stated the park and walk study indicated the peak time
projected were the two to four weeks during the Christmas holiday season.
Councilmember Sanger stated she still felt the developer should come up with some type of
commitment to prevent people from driving around looking for parking spaces. Mr. Bade
stated they could further investigate it, stating the challenge would be the cost, since the
complexity of the ramps would not make it simple.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 08-056, approving a Final Plat for the WEST END addition with
conditions as recommended by the Planning Commission and Staff and Resolution No.
08-057, approving a Final Planned Unit Development (PUD) for a portion of the West
End redevelopment project with conditions as recommended by the Planning Commission
and Staff.
Meeting of May 19, 2008 (Item 3b) Page 6
Subject: City Council Minutes April 28, 2008
The motion passed 6-0.
8c. 2008-2010 Law Enforcement Labor Services (LELS) Local #220 – Public Safety
Dispatchers Labor Agreement
Resolution No. 08-058
Ms. Fosse presented the staff report.
It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt
Resolution No. 08-058, a Labor Agreement between the City and the Public Safety
Dispatchers LELS Local #220, establishing terms and conditions of employment for three
years, from 1/1/08 – 12/31/10.
The motion passed 6-0.
Council thanked the dispatchers, stating they were a vital element in the community. Mayor
Jacobs also thanked the negotiation teams on both sides for their ability to compromise and
resolve the contract.
8d. Advertising & Sponsorship Guidelines
Mr. Zwilling presented the staff report.
Councilmember Sanger stated concern with the wording of what’s not permitted and
suggested it state “OR” rather than “and.” She also disagreed with some of the content of
the policy, stating if it’s important enough for the City to publish, it should not have ads on
it and it should be paid for with tax dollars.
Councilmember Finkelstein reminded everyone a school calendar would not be possible if it
were not for the ads. He further stated it would ensure the promotion of more activities in
bringing the community closer together.
Mayor Jacobs stated he agreed with Councilmember Sanger, stating the wordage should be
corrected to read “OR”.
Councilmember Paprocki asked how political ads would be handled. Mr. Zwilling stated he
discussed the concern with the City Attorney and was informed that it would be
inappropriate to include them in any policy and they therefore would be allowable.
It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to
approve adoption of the attached Advertising & Sponsorship Guidelines with the wordage
change of “OR”.
The motion passed 5-1. Councilmember Sanger opposed.
Meeting of May 19, 2008 (Item 3b) Page 7
Subject: City Council Minutes April 28, 2008
8e. Waiver of Cable Franchising Standstill Agreement for Aquila Commons
Resolution No. 08-059
Mr. Zwilling presented the staff report.
It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to approve
Resolution No. 08-059, authorizing a Waiver to the Standstill Agreement regarding Cable
Television Franchise Compliance with Comcast at Aquila Commons.
Councilmember Omodt abstained because he does business with Comcast.
The motion passed 5-0-1. Councilmember Omodt abstained.
9. Communications
Mayor Jacobs reminded everyone the annual home remodeling tour would be Sunday, May 4th
from 12 – 4 p.m. He also stated that Thomas Friedman would be speaking at the St. Louis Park
Auditorium on May 10th at 9 a.m. to benefit the St. Louis Park School Foundation.
Mayor Jacobs stated that Caring Youth Day would be May 15th at the Rec Center from 7 p.m. - 9
p.m. He also reminded everyone of the Children First Ice Cream Social at Wolf Park on Sunday,
May 18th from 2 p.m. - 5 p.m.
Councilmember Paprocki reminded everyone to use mulch for landscaping to save on water usage.
He stated people could help themselves to available free mulch located at Cedar Lake Road and
Elmhurst.
10. Adjournment
The meeting adjourned at 8:58 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: May 19, 2008
Agenda Item #: 3c
UNOFFICIAL MINUTES
CITY COUNCIL CLOSED EXECUTIVE SESSION
MAY 5, 2008
1. Roll Call
Mayor Jacobs called the meeting to order at 8:02 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phillip Finkelstein, Sue Sanger, and Paul
Omodt.
Councilmembers absent: C. Paul Carver and Loran Paprocki
Staff present: City Manager (Mr. Harmening)
Others present: City Attorney (Mr. Scott).
2. Update on pending/ongoing litigation with Pawn America
City Attorney Tom Scott provided an update in a Closed Executive Session on the pending/ongoing
litigation with Pawn America.
3. Update on pending/threatened litigation with ARINC.
City Attorney Tom Scott provided an update in a Closed Executive Session on the
pending/threatened litigation with ARINC.
4. Adjournment
The meeting adjourned at 8:36 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: May 19, 2008
Agenda Item #: 3d
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
MAY 5, 2008
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), Assistant Zoning
Administrator (Mr. Morrison), Planning & Zoning Supervisor (Ms. McMonigal), City Planner (Mr.
Fulton), Environmental Coordinator (Mr. Vaughan), Director of Parks and Recreation (Ms. Walsh)
and Recording Secretary (Ms. Schmidt).
2. Presentations
2a. Caring Youth Day Proclamation
Mayor Jacobs stated Roland and Doris Larson had a vision for recognizing youth 19 years
ago and that vision is still going strong today. Mayor Jacobs read proclamation, declaring
May 15, 2008 as Caring Youth Day in St. Louis Park and called upon all citizens in the
Community to salute these special young people. Ms. Shelly Beissel from St. Louis Park
Schools was in attendance to accept the proclamation.
3. Approval of Minutes - None
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 2008 Neighborhood Grants.
4b. Adopt Resolution No. 08-060, Accepting the Project Report, Establishing
Improvement Project No. 2007-1500, Approving Plans and Specifications, and
Authorizing Advertisement for Bids for Improvement Project No. 2007-1500.
4c. Adopt Resolution No. 08-061, Authorizing Fund Equity Transfer and Fund
Closing for 2007.
Meeting of May 19, 2008 (Item 3d) Page 2
Subject: City Council Minutes May 5, 2008
4d. Approve Resolution No. 08-062, Rescinding Resolution No. 90-60 Adopted on
May 21, 1990 to Allow a Class II Restaurant at 7525 Wayzata Boulevard (BFW and
Associates).
4e. Approve for Filing of Human Rights Commission Minutes February 19, 2008.
4f. Approve for filing of Human Rights Commission Minutes March 18, 2008.
4g. Approve Second Reading of Ordinance No. 2353-08, Approving Vacation of a
Portion of a Sewer Easement on Lot 4, Block 1, WEST END and Ordinance
Summary for Publication.
It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to approve
the Agenda and items listed on the Consent Calendar.
The motion passed 5-0.
5. Boards and Commissions - None
6. Public Hearings
6a. Public Hearing and First Reading of an Ordinance for Vacation of a Portion of
the 1st Street NW Right-Of-Way
Mr. Morrison presented the staff report.
No speakers present. Mayor Jacobs closed the public hearing.
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve
first reading of an Ordinance approving the vacation of a portion of the 1st Street NW right-
of-way extending approximately 90 feet northeast of Walker St., and setting the second
reading of the proposed ordinance for May 19, 2008.
Councilmember Finkelstein asked if the remaining portion of right of way would remain as
it is. Mr. Morrison stated the access would remain as is, untouched.
The motion passed 5-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Kamberg Condominiums – 4101 31st Street West
Resolution No. 08-063 and 08-063
Mr. Fulton presented the staff report.
Meeting of May 19, 2008 (Item 3d) Page 3
Subject: City Council Minutes May 5, 2008
Councilmember Finkelstein asked the developer how he intended to sell the units with the
current market the way it is. Mr. Brown stated they were putting the plans in place, but
would not really start the project until the market returns, further stating he’s hoping it
would return within the next year.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 08-063 granting Conditional Use Permit Under Section 36-166 of the St.
Louis Park Ordinance Code Relating to Zoning to permit a Multi-Family Dwelling for
Property Zoned R-4 Multi-Family Residential Zoning District Located at 4101 31st Street
West; and to adopt Resolution No. 08-064 granting Variances from Section 36-166 of the
Ordinance Code Relating to Zoning to permit the Construction of a Nine-Unit
Condominium Building for Property located in the R-4 Multi-Family Residential District at
4101 31st Street West.
The motion passed 5-0.
8b. Standal Preliminary and Final Planned Unit Development for Retail and
Service Uses at 5700 West 36th Street
Resolution No. 08-065
Mr. Morrison presented the staff report.
Councilmember Sanger stated she does not have a problem with the proposal, but
questioned why it was zoned industrial in the first place. She asked if there had there been
any consideration given to change the zoning on the entire block, since the vision of West
36th Street was becoming more of a mixed-use corridor. Mr. Morrison stated that rezoning
had been considered, however, the mixed use zone does not fit with the existing building.
Ms. McMonigal stated that this request is due to a glitch in the zoning ordinance that does
not allow retail and commercial only in a mixed use zone. Therefore this was the best way to
handle the uses at this time; future land use planning and zoning will address this area.
Councilmember Basill stated he would like to find the right balance along the strip and still
accommodate the current industrial use that exists. He stated he would also like to
encourage the owner to cooperate with a special service district.
Mayor Jacob stated they have seen extraordinary success with the special service district along
Excelsior Blvd., stating he felt they really work well.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 08-065, Approving Preliminary and Final PUD to Allow up to 100% of
the Existing Building at 5700 West 36th Street to be Occupied by Retail and Services Uses in
an Industrial Park Zoning District with Conditions as Recommended by the Planning
Commission and Staff.
The motion passed 5-0.
Meeting of May 19, 2008 (Item 3d) Page 4
Subject: City Council Minutes May 5, 2008
8c. 1st Reading Vegetation Ordinance Amendment
Mr. Walsh presented the staff report.
Councilmember Sanger asked if there was a way to inoculate the Ash trees to try to protect
them. Mr. Vaughan stated Detroit was doing effective experiments and have found some
that are injectable, as well as applicable on the leaf surface.
Councilmember Sanger asked if homeowners, wishing to go through the permit process,
would need to work with a professional company that specializes in prairie grass. Mr.
Vaughan stated the City has the final permit approval, stating the homeowner would need to
use somebody with knowledge and specializing in prairie grass.
It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to adopt
First Reading of Ordinance to Adopt Changes to Chapter 34 of Ordinance and to set
Second Reading for May 12, 2008 with word changes under 34, Chapter 2, as suggested by
staff.
The motion passed 5-0.
8d. Adjourn to a Closed Door/Executive Session to discuss with the City Attorney
pending/ongoing litigation with Pawn America.
8e. Adjourn to a Closed Door/Executive Session to discuss with the City Attorney
pending/threatened litigation with ARINC.
9. Communications
Mayor Jacobs thanked staff and the homeowners who worked on and opened their homes for the
remodeling tour on May 4, 2008.
Mayor Jacobs reminded everyone of the Ice Cream Social on Sunday, May 18th from 2:00 p.m. to 5
p.m. at Wolf Park.
10. Adjournment
The meeting adjourned at 8:02 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
Meeting Date: May19, 2008
Agenda Item #: 3e
UNOFFICIAL MINUTES
Joint City Council / School Board Meeting
St. Louis Park Schools Administrative Office
May 6, 2008
The meeting convened at 7:10 p.m.
Council Members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein (arrived at 7:30) and
Paul Omodt
Council Members absent: Loran Paprocki, Paul Carver, and Sue Sanger
School Board Members present: Board Chair, Bruce Richardson, Jim Yarosh, Julie Sweitzer (arrived
at 8:00 p.m.), Larry Shapiro, Rolf Peterson, and Pam Rykken.
School Board Members absent: Nancy Gores
City Staff present: Tom Harmening, City Manager; Bridget Gothberg, Organizational
Development.
School District staff present: Dr. Debra Bowers, Superintendent
Meeting
The City Council and School Board discussed the demographic study.
The School Board dialogued on the following areas;
a. How a School Board operates and its main challenges.
b. How a City Council operates and its main challenges.
c. The strengths of the School District and The Cities.
d. In what areas could the City and School District improve and how each body could
help each other.
Next Meeting
The next Joint City Council and School Board meeting will be held in the Fall of 2008.
Adjournment
The meeting adjourned at 10:10 p.m.
______________________________________ ______________________________________
City Clerk Mayor
Meeting Date: May 19, 2008
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:
Second Reading of Ordinance for Vacation of a Portion of the 1st Street NW Right-of-Way.
RECOMMENDED ACTION:
Motion to Adopt Second Reading of Ordinance approving the vacation of a portion of the 1st Street
NW right-of-way extending approximately 90 feet northeast of Walker; and to approve the summary
and authorize publication.
POLICY CONSIDERATION:
Is there a public need for the portion of the 1st Street NW right-of-way proposed to be vacated? The
right-of-way was dedicated as part of the original plat. The road was not constructed because there is
a 9.5% grade within the right-of-way, and because the Republic and Walker intersection is only 250
feet away from the Republic and 1st Street intersection. Staff believes there was not a need to
construct the road in the past, and does not foresee a need for a road in the future. The right-of-way
is not being used for roadway purposes. There are public utilities within the easement that will
remain. A drainage and utility easement should be maintained by the city prior to vacating the
right-of-way.
BACKGROUND:
There are two properties adjacent to the portion of the 1st Street NW right-of-way proposed to be
vacated. Both properties are owned by the applicant, Greg Anderson. Mr. Anderson built a one
story office building on the property to the west in 2004. The property to the east is occupied by a
6,000 square foot office building that is one story with a walk out lower level. Mr. Anderson is
proposing to remove the building and construct a 20,000 square foot office building in 2008.
If the right-of-way is vacated, then the land will be used for parking for both properties in addition
to access. Mr. Anderson will record cross access and parking easements over the vacated right-of-way
to preserve the access and parking rights of both properties.
ANALYSIS:
The storm water and sanitary sewer utilities located in the right-of-way run the full length from
Republic Ave to Walker St. Proposed development on adjacent properties will not impact the
utilities. If the right-of-way is vacated, a utility easement will be retained by the city to protect the
city’s interest in the utilities.
Meeting of May 19, 2008 (Item No. 4a) Page 2
Subject: 2nd Reading Right-of-Way Vacation (Greg Anderson Property)
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Location Map
Survey showing the portion of the right-of-way proposed to be vacated
Draft Ordinance
Summary Ordinance
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning & Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 4a) Page 3
Subject: 2nd Reading Right-of-Way Vacation (Greg Anderson Property)
Portion of right-of-
way proposed to be
vacated
1st Street NW right-
of-way
LOCATION MAP
Meeting of May 19, 2008 (Item No. 4a) Page 4
Subject: 2nd Reading Right-of-Way Vacation (Greg Anderson Property)
Right-of-Way proposed
to be vacated
Existing Right-of-Way
Meeting of May 19, 2008 (Item No. 4a) Page 5
Subject: 2nd Reading Right-of-Way Vacation (Greg Anderson Property)
ORDINANCE NO. _____-08
ORDINANCE VACATING PORTION OF RIGHT-OF-WAY
1 ST STREET NW
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all property
abutting upon both sides of the right-of-way proposed to be vacated has been duly filed. The notice
of said petition has been published in the St. Louis Park Sailor on April 24, 2008 and the City
Council has conducted a public hearing upon said petition and has determined that the right-of-way
is not needed for public purposes, and that it is for the best interest of the public that said right-of-
way be vacated.
Section 2. The following described right-of-way, as now dedicated and laid out within
the corporate limits of the City of St. Louis Park, is vacated:
That part of First Street N.W., as dedicated in the plat of “Rearrangement of St. Louis
Park”, according to the recorded plat thereof, Hennepin County, Minnesota, lying
southwesterly of a line drawn between the north corner of Block 185, said plat, and the east
corner of Block 165, said plat, and lying northeasterly of the following described line:
Beginning at the southeast corner of said Block 185; thence on an assumed bearing of South
85 degrees 41 minutes 49 seconds West, along the south line of said Block 185, a distance of
171.82 feet; thence northwesterly a distance of 225.13 feet along a curve concave
northeasterly having a central angle of 41 degrees 36 minutes 37 seconds and a radius of
310.00 feet to the southeast line of said Block 165 and said line there terminating.
Except the Northeasterly 127.50 feet thereof
contingent upon submission of a drainage and utility easement in favor of the City of St. Louis Park
over all of the described property for storm sewer, sanitary sewer, water main, and public utility
purposes.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Meeting of May 19, 2008 (Item No. 4a) Page 6
Subject: 2nd Reading Right-of-Way Vacation (Greg Anderson Property)
Sec.4. This Ordinance shall take effect fifteen days after its publication.
First Reading May 5, 2008
Second Reading May 19, 2008
Date of Publication May 29, 2008
Date Ordinance takes effect June 13, 2008
Adopted by the City Council May 19, 2008
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting of May 19, 2008 (Item No. 4a) Page 7
Subject: 2nd Reading Right-of-Way Vacation (Greg Anderson Property)
SUMMARY
ORDINANCE NO. _____-08
ORDINANCE VACATING RIGHT-OF-WAY
1 ST STREET NW
This ordinance states that a portion of right-of-way located at 1st Street NW will be vacated.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council May 19, 2008
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 29, 2008
Meeting Date: May 19, 2008
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:
Public Health and Environmental Health Mutual Aid Agreement.
RECOMMENDED ACTION:
Motion to approve entering into the Public Health and Environmental Health Mutual Aid
Agreement.
POLICY CONSIDERATION:
Does the City Council wish to be part of a mutual aid system whereby, in the event of certain types
of emergencies or significant events, the City will be able to request assistance from other entities
and, in turn, agree to provide similar assistance to other parties to the mutual aid agreement?
BACKGROUND:
During 2006, several cities and counties with Community Health Boards entered into a “Public
Health Mutual Aid Agreement”. Cities involved in the process were Bloomington, Edina, Richfield
and Minneapolis. Counties involved were Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and
Washington. Considering their close proximity, these agencies recognized that it was in their best
interest to assist one another in the event of an emergency. The purpose of the agreement is to
strengthen the preparedness of Minnesota’s public health system by making personnel, equipment
and other resources available to a political subdivision in the event of an emergency, training, drill or
exercise.
Recently, a new provision was added to the Agreement allowing additional metro cities with
Minnesota Department of Health (MDH) delegated health agencies to participate. The Agreement
was renamed “Public Health and Environmental Health Mutual Aid Agreement”. The cities of
Brooklyn Park, Crystal, Hopkins, Maplewood, Minnetonka, St. Louis Park, St. Paul and Wayzata
have been invited into the agreement.
DISCUSSION:
By entering into this Agreement, the City qualifies to receive assistance from other local public
health agencies and Hennepin County in case of a significant event. Our City in turn might be
called upon to help other agencies with investigations, interviews, or sampling in an emergency. The
City traditionally has always been there for other agencies upon their request.
The next large venue coming to the Twin Cities in September 2008 is the Republican National
Convention. Large numbers of visitors and news media from around the world are anticipated to be
staying approximately two weeks in the Twin Cities. They will be frequenting our restaurants and
eateries in St. Louis Park as well as the metro area. The County and other agencies are planning to
Meeting of May 19, 2008 (4b) Page 2
Subject: Public Health and Environmental Health Mutual Aid Agreement
have the Mutual Aid Agreement in effect to ensure a support system in case of a public health
emergency.
The City Attorney has reviewed the agreement. Once signed, the new formal agreement will be in
effect until December 31, 2011.
FINANCIAL OR BUDGET CONSIDERATION:
None immediately applicable. In case of an emergency requiring more than eight hours of assistance
from a responsible party, the agreement provides for reimbursement of salary and expenses.
VISION CONSIDERATION:
None applicable.
Attachments: Public Health Mutual Aid Agreement
Prepared by: Manny Camilon, Environmental Health Official
Reviewed by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (4b) Page 3
Subject: Public Health and Environmental Health Mutual Aid Agreement
Twin Cities Public Health and Environmental Health Entities in Minnesota
MUTUAL AID AGREEMENT
WHEREAS, pursuant to Minnesota Statutes Section 471.59, political subdivisions of the
State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting
parties; and
WHEREAS, the original participating parties set forth on Exhibit A, attached hereto and
incorporated by this reference, executed the Twin Cities Public Health Departments in Minnesota
PUBLIC HEALTH MUTUAL AID AGREEMENT on or about February, 2007; and
WHEREAS, the parties agree that, in order to make changes to that agreement and in lieu of
an amendment, the parties, and any potential parties, including but not limited to those possible
additional parties set forth on Exhibit A or as otherwise provided, shall execute this Twin Cities
Public Health and Municipal Environmental Health Entities in Minnesota MUTUAL AID
AGREEMENT; and
WHEREAS, the purpose of this agreement is to strengthen the preparedness of the public
health and environmental health system in Minnesota; and
WHEREAS, the parties desire to simplify the defense of claims by eliminating conflicts
among defendants that are parties to this Agreement; and
WHEREAS, emergencies may occur in the future which will require local public health
and/or environmental health entities to come to the aid and assistance of other local public health or
environmental health entities; and
WHEREAS, the intent of this agreement is to make personnel, equipment, and other
resources available to political subdivisions in the event of an emergency, training, drill or exercise;
and
WHEREAS, the parties participating in this Agreement have determined that it is in their
best interests to assist one another in the event of an emergency, training, drill or exercise.
NOW, THEREFORE, in consideration of the foregoing, the participating parties agree as
follows:
Meeting of May 19, 2008 (4b) Page 4
Subject: Public Health and Environmental Health Mutual Aid Agreement
I. PURPOSE
It is recognized and acknowledged that in certain situations, including but not limited to,
natural disasters, public health emergencies, technological hazards, man-made disasters, civil
emergencies, community disorders, insurgency or enemy attack, disease outbreaks, special
events, or trainings, drills or exercises in preparation for any of these eventualities, the use of
the personnel, equipment, supplies and/or services of a local public health entity to perform
functions outside its jurisdictional limits is desirable and necessary to preserve and protect
the health, safety and welfare of the citizens of the State of Minnesota.
This Agreement only addresses assistance provided by a participating party in response to a
request made by a participating party and does not affect the applicability of Minn. Stat.
§ 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be
undertaken by a political subdivision.
II. DEFINITIONS
For the purposes of this mutual aid agreement, the following terms shall be defined as
follows:
A. “Employee” means those personnel currently working for a party including, elected
and appointed officials, officers and volunteers who are registered with and under the
direction and control of that party as required by Minn. Stat. §12.22, subd. 2a (a)
(2005).
B. “Participating Party” means the local public health or environmental health authority
of a political subdivision that is a party to this Agreement.
C. “Requesting Official” means the person designated by a Participating Party who is
responsible for requesting Assistance from the other Participating Parties.
D. “Requesting Party” means a Participating Party that requests assistance from other
Participating Parties.
E. “Responding Official” means the person designated by a Participating Party who is
responsible to determine whether and to what extent that Participating Party should
provide assistance to a Requesting Party.
F. “Responding Party” means a Participating Party that provides assistance to a
Requesting Party.
G. “Assistance” means Public Health or Environmental Health personnel, equipment,
supplies and/or services.
Meeting of May 19, 2008 (4b) Page 5
Subject: Public Health and Environmental Health Mutual Aid Agreement
III. PROVISION OF MUTUAL AID
A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a
need for assistance from other parties, the Requesting Official may call upon the
Responding Official of any other party to furnish assistance. The Requesting Party,
within a reasonable period of time, shall provide the Responding Party/ies with a
written confirmation of the need for assistance including details regarding requested
resources, timelines/schedules and location(s) for assistance.
B. Response to Request. Upon the request for assistance from a Requesting Party, the
Responding Official may authorize and direct his/her party’s personnel to provide
assistance to the Requesting Party. This decision will be made after considering the
needs of the Responding Party and the availability of resources. Once assistance has
been authorized, the Responding Party, within a reasonable period of time, shall
provide the Requesting Party with a written confirmation of assistance including
details regarding the personnel and resources to be provided and when they will be
available.
C. Recall and Release of Assistance. The Responding Official may at any time recall
such assistance when in his or her best judgment or by an order from the governing
body of the Responding Party or its designee, it is considered to be in the best
interest of the Responding Party to do so. The Requesting Party may at any time
release a Responding Party or an individual from providing any further assistance.
D. Command of Scene. The Requesting Party shall be in command of the mutual aid
scene. The personnel and equipment of the Responding Party shall be under the
direction and control of the Requesting Party until the Responding Official
withdraws assistance.
E. State Declared Emergency. If the State of Minnesota or an authorized state agency
declares an emergency, the statutes and administrative rules pertaining to state
declared emergencies shall prevail where they conflict with the provisions of this
Agreement.
IV. LIABILITY
A. Each Requesting Party shall defend, indemnify and hold harmless a Responding
Party for claims arising within the Requesting Party’s jurisdiction subject to the
limits of liability under Minnesota Statutes Chapter 466 and other applicable law,
rule, and regulation, including common law. The purpose of creating this duty to
defend, indemnify and hold harmless, is to simplify the defense of claims by
eliminating conflicts among defendants that are parties to this Agreement.
Meeting of May 19, 2008 (4b) Page 6
Subject: Public Health and Environmental Health Mutual Aid Agreement
B. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466),
the employees and officers of the Responding Party are deemed to be employees (as
defined in Minn. Stat. § 466.01, subdivision 6) of the Requesting Party, but only for
purposes of addressing liability under this Agreement. The employees of the
Responding Party shall not be considered employees of the Requesting Party for any
other purpose.
C. The Requesting Party shall defend, indemnify and hold harmless the Responding
Party, its Employees, officers and elected and appointed officials against any and all
claims brought or actions filed against the Responding Party, its Employees, officers
and elected and appointed officials for injury to, death of, or damage to the property
of any third person or persons, arising from the performance and provision of
assistance in responding to a request for assistance by the Requesting Party pursuant
to this Agreement.
Under no circumstances, however, shall a party be required to pay on behalf of itself
and other parties, any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of
liability for some or all of the parties may not be added together or stacked to
increase the maximum amount of liability for any party.
D. Each Participating Party agrees to promptly notify the other Participating Parties if it
knows or becomes aware of any facts or allegations reasonably giving rise to actual or
potential liability, claims, causes of action, judgments, damages, losses, costs or
expenses, including attorney’s fees, involving or reasonably likely to involve the other
Participating Parties, and arising out of acts or omissions related to this Agreement.
E. No party to this Agreement or any officer of any party shall be liable to any other
party or to any other person for failure of any party to furnish assistance to any other
party, or for recalling or releasing assistance as described in this Agreement.
F. If a Participating Party utilizes contractors or agents to provide services or assistance
under this Agreement, the Participating Party shall execute a contract with the
contractor and agent including the following language. Failure to include the
following language shall constitute a material breach of this Agreement:
CONTRACTOR shall defend, indemnify, and hold harmless each
Participating Party in the Twin Cities Public Health and Municipal
Environmental Health Entities in Minnesota Mutual Aid Agreement, its
officials, officers, agents, volunteers and employees from any liability, claims,
causes of action, judgments, damages, losses, costs, or expenses, including
reasonable attorney’s fees, resulting directly or indirectly from any act or
omission of the CONTRACTOR, a subcontractor, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions
Meeting of May 19, 2008 (4b) Page 7
Subject: Public Health and Environmental Health Mutual Aid Agreement
they may be liable in the performance of the services required by this
Contract, and against all loss by reason of the failure of the CONTRACTOR
to perform fully, in any respect, all obligations under this contract.
In order to protect the CONTRACTOR and those listed above under the
indemnification provision, the CONTRACTOR agrees at all times during
the term of this Contract, and beyond such term when so required, to have
and keep in force the following insurance coverages, in amounts equal at least
to the municipal tort liability limits of Minnesota Statutes Chapter 466 or
other applicable law as currently in effect or as may be amended from time to
time, unless specific dollar limits are otherwise provided herein:
Limits
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate (The full limits of coverage
must be dedicated to apply to this project, per
ISO form CG2501, or equivalent.)
Products—Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
(2) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation
If the CONTRACTOR is based
outside the State of Minnesota,
coverage must apply to Minnesota
law.
Employer’s Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
(3) Professional Liability—Per Claim and Aggregate
The professional liability insurance must be
maintained continuously for a period of two years after
the termination of this Agreement.
Meeting of May 19, 2008 (4b) Page 8
Subject: Public Health and Environmental Health Mutual Aid Agreement
An umbrella or excess policy over primary liability insurance coverages is an
acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of the CONTRACTOR to determine the need for and to
procure additional insurance which may be needed in connection with this
contract. Copies of insurance policies shall be promptly submitted to (name
of jurisdiction) upon written request.
The CONTRACTOR shall not commence work until it has obtained
required insurance. The certificate(s) shall name (name of jurisdiction) as the
certificate holder and as an additional insured for the liability coverage(s)
with respect to operations covered under the Contract.
The CONTRACTOR shall furnish to (name of jurisdiction) updated
certificates during the term of this Contract as insurance policies expire. If
the CONTRACTOR fails to furnish proof of insurance coverages, (name of
jurisdiction) may withhold payments and/or pursue any other right or
remedy allowed under the contract, law, equity, and/or statute. (Name of
jurisdiction) does not waive any rights or assume any obligations by not
strictly enforcing the requirements set forth in this section.
Duty to Notify. The CONTRACTOR shall promptly notify (name of
jurisdiction) of any claim, action, cause of action or litigation brought against
CONTRACTOR, its employees, officers, agents or subcontractors, which
arises out of the services contained in this Contract. The CONTRACTOR
shall also notify (name of jurisdiction) whenever CONTRACTOR has a
reasonable basis for believing that CONTRACTOR and/or its employees,
officers, agents or subcontractors, and/or (name of jurisdiction) might
become the subject of a claim, action, cause of action, criminal arrest,
criminal charge or litigation arising out of and/or related to the services
contained in this Contract. Failure to provide the notices required by this
section is a material violation of the terms and conditions of this Contract.
V. WORKER’S COMPENSATION
Each party shall be responsible for injuries or death of its own Employees “to the extent
required by law”. Each party will maintain worker’s compensation insurance or self-
insurance coverage, covering its own Employees while they are providing assistance pursuant
to this Agreement. Each party waives the right to sue any other party for any worker’s
compensation benefits paid to its own Employee or their dependents, even if the injuries
were caused wholly or partially be the negligence of any other party or employees.
Meeting of May 19, 2008 (4b) Page 9
Subject: Public Health and Environmental Health Mutual Aid Agreement
VI. DAMAGE TO EQUIPMENT
Each Participating Party, to the extent a party is at fault, shall be responsible for damages to
or loss of its equipment while acting within the scope of this Agreement.
VII. CHARGES TO THE REQUESTING PARTY
A. No charges will be levied by a Responding Party to this Agreement for assistance
rendered to a Requesting Party under the terms of this Agreement unless that
assistance continues for a period of more than eight (8) hours, as measured from the
time Responding Party begins to provide assistance after being specifically directed
by the Requesting Party to perform a task or tasks, unless the Requesting Party is
eligible to obtain reimbursement for expenses it incurred during this period from the
United States, the State of Minnesota, or any other source. In that event the
Requesting Party shall take all steps necessary to seek reimbursement to the
Responding Party for the actual cost of any assistance provided during this initial
eight (8) hour period including salaries, overtime, materials and supplies, and other
necessary expenses.
B. If assistance provided under this Agreement continues for more than eight (8) hours,
the Responding Party may submit to the Requesting Party an itemized bill for the
actual cost of any assistance provided after the initial eight (8) hour period, including
salaries, overtime, materials and supplies and other necessary expenses; and the
Requesting Party shall reimburse the party providing the assistance for that amount.
C. The ability to levy such charges is not contingent upon the availability of federal or
state government funds to reimburse the charges.
VIII. DURATION
This Agreement will commence upon execution by all eleven (11) original Participating
Parties and shall terminate December 31, 2011, unless terminated sooner pursuant to section
XI herein. This Agreement will only apply to those parties who have lawfully executed the
document and returned a copy to:
Hennepin County Public Health Emergency Preparedness
Attention: Emergency Preparedness Unit Supervisor
1011 First Street South, Suite 215
Hopkins, MN 55343
(612) 543 -5220
Meeting of May 19, 2008 (4b) Page 10
Subject: Public Health and Environmental Health Mutual Aid Agreement
IX. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof. Pursuant to
the terms of the TWIN CITIES PUBLIC HEALTH DEPARTMENTS IN
MINNESOTA PUBLIC HEALTH MUTUAL AID AGREEMENT, the original
participating parties hereby give notice that said PUBLIC HEALTH MUTUAL AID
AGREEMENT is terminated and shall be replaced in entirety by this Agreement.
All items referred to in this Agreement are incorporated or attached and are deemed
to be part of this Agreement. The matters set forth in the “WHEREAS” clauses at
the beginning of this Agreement are by this reference incorporated into and made a
part of this Agreement.
B. Any alterations, variations, modifications, or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to this
Agreement signed by the parties hereto.
X. COMMAND AND CONTROL
The Requesting Party shall command the mutual aid scene and provide direction to
Employees of each Responding Party. A party shall not be considered to be either a
temporary or permanent employee of the other parties except as specifically described in this
Agreement.
XI. DEFAULT AND WITHDRAWAL
A. If a party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the party’s default is excused by the other parties, the
non-defaulting parties may by majority, vote to remove the defaulting party by
providing written notice of termination of the Agreement as to the defaulting party
only. Any such removal or termination of this Agreement shall become effective
upon the sending of such notice and will not cancel any obligations incurred by any
party prior to such termination.
B. Any party may withdraw from this Agreement with or without cause by providing
thirty (30) days’ prior written notice to the other parties herein. Withdrawal shall
not discharge any liability incurred by any Party prior to withdrawal. Such liability
shall continue until discharged by law or agreement.
C. The terms of Sections II, III, IV, V, VI, X, XII, and XIII shall survive the expiration,
termination or withdrawal from this Agreement.
Meeting of May 19, 2008 (4b) Page 11
Subject: Public Health and Environmental Health Mutual Aid Agreement
XII. RECORDS – AVAILABILITY/ACCESS
To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be
amended), the parties agree that the any party, the State Auditor, the Legislative Auditor or
any of their duly authorized representatives, at any time during normal business hours, and
as often as they may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., which are
pertinent to the accounting practices and procedures of the other parties and involve
transactions relating to this Agreement. Such materials shall be maintained and such access
and rights shall be in force and effect during the period of the Agreement and for six (6)
years after its termination or cancellation.
XIII. DATA PRIVACY
Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the
provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter
13, the Health Insurance Portability and Accountability Act and implementing regulations,
if applicable, and all other applicable state and federal laws, rules, regulations and orders
relating to data privacy or confidentiality, and as any of the same may be amended. Each
Party agrees to defend, indemnify and hold harmless the other parties, their elected and
appointed officials, officers, agents, employees, and volunteers from any claims resulting
from a party’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of such protected data. The terms of this
paragraph shall survive the cancellation or termination of this Agreement.
XIV. COMPLIANCE
Participating Parties shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
XV. EXECUTION
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date
indicated.
XVI. ADDITIONAL PARTIES AND COUNTERPARTS
A government unit, on behalf of its local public health and/or environmental health entity,
may join this mutual aid Agreement and thereby become a Participating Party upon approval
of the new government unit by a majority of the Participating Parties, through their
governing body or their duly authorized designee, and execution of a copy of this Mutual
Aid Agreement by the joining governing body.
Meeting of May 19, 2008 (4b) Page 12
Subject: Public Health and Environmental Health Mutual Aid Agreement
This Mutual Aid Agreement may be executed in any number of counterparts, each
counterpart for all purposes being deemed an original and all such counterparts shall together
constitute one and the same agreement.
XVII. CONTRACT ADMINISTRATION
In order to coordinate the services so as to accomplish the purposes of this Agreement, each
Participating Party’s Director of Public Health, Director of Environmental Health, or
equivalent counterpart, shall be the contact person for each Participating Party under this
Agreement. A Participating Party may designate someone other than the Director of Health,
Director of Environmental Health, or equivalent, as the contact person by providing written
notice to all other Participating Parties.
Meeting of May 19, 2008 (4b) Page 13
Subject: Public Health and Environmental Health Mutual Aid Agreement
A SIGNATURE PAGE FOR EACH PARTY SHALL BE ATTACHED
Meeting of May 19, 2008 (4b) Page 14
Subject: Public Health and Environmental Health Mutual Aid Agreement
The Hennepin County Board of Commissioners having duly approved this Agreement on the
______ day of ___________________, 200_, and pursuant to such approval, the proper County
officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein
set forth.
COUNTY OF HENNEPIN
By:
Assistant/Deputy/County Administrator
Date:
By:
Chair of its County Board
Date:
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
Reviewed by the County Attorney’s Office
By:
Date:
Meeting of May 19, 2008 (4b) Page 15
Subject: Public Health and Environmental Health Mutual Aid Agreement
CITY OF ST. LOUIS PARK
By:
Jeffrey W. Jacobs, Mayor
Date:
By:
Thomas K. Harmening, City Manager
Date:
Reviewed and approved by the
City Attorney.
By:
Title
Date:
Meeting of May 19, 2008 (4b) Page 16
Subject: Public Health and Environmental Health Mutual Aid Agreement
Exhibit A
Participating Parties to the Agreement:
1) Original signers to the Twin Cities Public Health Mutual Aid Agreement: Community Health
Boards in the Twin Cities 7-County metro area.
Anoka County
City of Bloomington
Carver County
Dakota County
City of Edina
Hennepin County
City of Minneapolis
Ramsey County
City of Richfield
Scott County
Washington County
2) Possible additional signers as of October 2007: other governmental units as defined by applicable
statute including but not limited to political subdivisions, municipalities or other governmental units
with environmental health or public health services or resources.
City of Brooklyn Park
City of Crystal
City of Hopkins
City of Maplewood
City of Minnetonka
City of St. Louis Park
City of St. Paul
City of Wayzata
University of Minnesota
Meeting Date: May 19, 2008
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:
Second Reading of Vegetation Ordinance Amendment
RECOMMENDED ACTION:
Motion to Adopt Second Reading of Ordinance approving changes to Chapter 34 of the City Code,
approve ordinance summary and authorize publication.
POLICY CONSIDERATION:
Should the City Council amend the ordinance relative to diseased trees to allow staff to expand the
types of diseased trees to be removed?
Should the City Council amend the ordinance to allow residents the opportunity to plant and
maintain wild flowers and native prairie grass in their yard?
BACKGROUND:
First reading was presented to City Council at their May 5, 2008 regular meeting. Changes
discussed at that meeting have been incorporated into the Ordinance.
Chapter 34 of the ordinance covers vegetation which includes trees and weeds. The proposed
changes affect both sections of this chapter.
The first proposed change, under Article II. Trees, is to add “injurious pests” and related language to
this section. Currently, our Vegetation Ordinance only allows staff to mark and remove trees that
have Oak Wilt and Dutch Elm disease. Staff would like to be proactive in changing our ordinance
now so that we are prepared for future tree diseases that we know will soon be a problem in
Minnesota. There are other insects that will invade our area and we need to expand the
management, enforcement and sanitation necessary to include invasive, injurious pests, such as the
Emerald Ash Borer (EAB). The EAB is currently decimating all of the ash trees in Detroit,
Michigan and surrounding region. In St. Louis Park approximately 20% of our urban forest is ash
trees. We need a mechanism to control a pest such as EAB. EAB (and most likely other invasive
insects/fungus) is estimated to arrive in Minnesota within the next several years.
Meeting of May 19, 2008 (Item No. 4c) Page 2
Subject: Second Reading Vegetation Ordinance Amendment
The second proposed change to the ordinance is found under Article III. Weeds. Staff proposes
adding a Native Vegetation definition section and permit application to manage wild flower and
prairie grass landscape. The intent of the change is to document, manage and enforce an alternative
form of landscape using native vegetation that is becoming more popular. The use of native
vegetation (indigenous trees, shrubs, wildflowers, grasses and other plants that have naturally adapted
themselves to the climate and soils of the area but require cultivation and maintenance to remain
viable) is also beneficial to our environment.
Staff is proposing that a permit application be required by property owners proposing native
vegetation that exceeds 800 square feet or 25% of parcel surface area (which ever is smaller). The
permit would be in effect for five years. After that time, the application must be renewed. This
application will define species, maintenance and contact information so management and
enforcement of noxious weeds and turf grass requirements can be facilitated.
City Attorney, Tom Scott has reviewed and approved the proposed ordinances changes.
CHANGE TO THE SECOND READING:
As indicated during the first reading, staff proposed and Council accepted a change to clarify Section
34-116 Lawn Maintenance Requirements (c) the word majority was removed to clarity the fact that
vegetation cannot grow higher than six inches with the exception of the exemptions listed.
FINANCIAL OR BUDGET CONSIDERATION:
There is no cost to the city to expand our diseased tree ordinance to include other injurious pests.
The long term impact on the city budget for tree removal may be significant when EAB or a similar
injurious pest arrives in Minnesota and infects our trees.
Staff does not anticipate a large number of property owners will apply for native vegetation permits
at this time. We believe that Jim Vaughan would be able to inspect these properties. Staff will
suggest changes at budget time if the permit numbers continue to increase.
VISION CONSIDERATION:
Staff believes that both of these ordinance changes are proactive efforts to improve environmental
stewardship in our City.
Attachments: Ordinance
Ordinance Summary
Prepared by: Jim Vaughan, Environmental Coordinator
Stacy Voelker, Administrative Secretary
Reviewed by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 4c) Page 3
Subject: Second Reading Vegetation Ordinance Amendment
ORDINANCE NO. _____-08
ORDINANCE AMENDING CHAPTER 34 OF
THE ST. LOUIS PARK CODE OF ORDINANCES
CONCERNING VEGETATION AND DISEASE CONTROL
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Section 34-51 of the City Code is amended to read as follows:
Sec. 34-51. Declaration of policy.
The City Council has determined that the health of the trees within the municipal limits is
threatened by tree diseases and pests. It is further determined that the loss of trees growing upon
public and private property, the existence of hazardous trees, the failure to dispose of downed trees
and the existence of limbs over streets and sidewalks substantially depreciate the value of property
within the City and/or impair the safety, good order, general welfare and convenience of the public.
It is declared to be the intention of the Council to control and prevent these conditions, and this
division is enacted for that purpose.
SECTION 2. Section 34-52 of the City Code is amended by adding the following
subsection:
Sec. 34-52. Public nuisance declared.
(7) Any living or standing tree or part thereof infected to any degree with any injurious
pest (disease or insect) which can infect, in potential epidemic proportions, other
trees, compromising health and welfare of tree and if left untreated will cause tree
failure and death.
SECTION 3. Section 34-59 of the City Code is amended to read as follows:
Sec. 34-59. Reporting discovery of tree disease.
Any owner or occupier of land or any person engaged in tree trimming or removal who becomes
aware of the existence of a tree disease or injurious pest as defined in Section 34-52, shall report the
existence of such disease to the City.
SECTION 4. Section 34-82 of the City Code is amended to read as follows:
Sec. 34-82. Approved trees.
No trees shall be planted as street trees except by permission granted by the Director of Parks
and Recreation.
Meeting of May 19, 2008 (Item No. 4c) Page 4
Subject: Second Reading Vegetation Ordinance Amendment
SECTION 5. Section 34-85 of the City Code is amended to read as follows:
Sec. 34-85. Protection of trees.
No building material, machines or equipment of any description shall be piled near any street
tree unless such tree is first sufficiently protected by a proper guard and/or tree protection fencing as
described in Section 36-364 to prevent possible injury, and all instructions issued for that purpose by
the Director must be promptly complied with by the owner or contractor.
SECTION 6. Section 34-111 of the City Code is amended to read as follows:
Sec. 34-111. Weeds declared a nuisance; duty of owner..
(a) Any weeds, whether noxious or not as defined by state law, or turf grass growing at a height
greater than six inches upon any privately owned lot or tract of land in the city or upon any public
boulevard or similar public property alongside the traveled portion of a street or alley abutting the
private property are hereby declared to be a nuisance, except as authorized in Section 34-117. Turf
grass is any type of vegetative grasses used for recreational or residential purposes.
SECTION 7. Chapter 34 of the Code of Ordinance is amended to add the following Article:
CHAPTER 34 VEGETATION
ARTICLE IV. VEGETATION MAINTENANCE
Sec. 34-114. Purpose. The purpose of this Article is to establish minimum standards for lawn
maintenance while recognizing that a variety of landscapes within a community adds diversity and
richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the
dominant feature in the landscape; however, alternatives to this traditional type of lawn are
recognized as important parts of a diverse and successful landscape. A parcel with proposed Native
Vegetation that exceeds 800 square feet or exceeds 25% of parcel surface area will require a Native
Vegetation Permit.
Sec. 34-115. Definitions. The following terms when used in this Article shall have the following
meanings:
(a) “Maintenance Plan” – a document submitted with an application for a Native
Vegetation Permit demonstrating a precise course of maintenance for numerous
individual plants in a landscape over months and seasons.
(b) “Native Vegetation” – those indigenous trees, shrubs, wildflowers, grasses and other
plants that have naturally adapted themselves to the climate and soils of the area but
require cultivation and maintenance to remain viable.
(c) “Native Vegetation Permit” – a permit issued by the City pursuant to this article
allowing an owner or occupant to cultivate Native Vegetation upon his/her property.
A Native Vegetation Permit exempts an owner or occupant from Section 34-116(c).
Meeting of May 19, 2008 (Item No. 4c) Page 5
Subject: Second Reading Vegetation Ordinance Amendment
(d) “Natural Habitat” – specially uncultivated, valued and sensitive habitat whereupon
native vegetation exists in a pristine state and provides habitat for a variety of species
native to the area. Such vegetation shall maintain itself in a stable condition with
minimal human intervention.
(e) “Noxious Weeds” – an annual, biennial, or perennial plant designated by state
statute, the Minnesota Commissioner of Agriculture or the City Council as injurious
to public health, the environment, public roads, crops, livestock, or other property.
(f) “Rank Vegetation” – uncultivated vegetation growing at a rapid rate due to
unplanned, unintentional, or accidental circumstances.
(g) “Turf Grass” - cultivated vegetation consisting of a highly maintained surface of
dense grass underlain by a thick root system.
(h) “Weeds” – unsuitable, unwanted, or uncultivated vegetation, often causing injury to
the desired vegetation type, excluding noxious weeds.
Sec. 34-116. Lawn Maintenance Requirements.
(a) All lot areas not covered by buildings, designated parking areas, paths, driveways and
impervious surface shall have planted Turf Grass, Native Vegetation, or combined
ground cover of cultivated vegetation, garden, hedges, trees and shrubbery.
(b) No owner or occupant of any lot shall allow any noxious weeds to grow on any part
or portion of said lot.
(c) No owner or occupant shall allow any Turf Grass, Weeds, Native Vegetation or
Rank Vegetation to grow to a height greater than six (6) inches on any lot or parcel
of land.
Sec. 34-117. Exemptions. The following land is exempt from the requirement of Section 34-
116(c):
(a) Vacant and unoccupied land consisting of a contiguous tract of one (1) acre,
provided that Weeds, Turf Grass, Native Vegetation, and Rank Vegetation thereon
are cut twice annually. The first cutting shall not be later than June 1, and the
second cutting shall be made between July 15 and September 15.
(b) Private lands designated by the City Council as Natural Habitat.
(c) Public lands designated in the City’s Comprehensive Plan as Natural Habitat.
(d) Native Vegetation, with a Native Vegetation Permit in accordance with Section 34-
118.
Meeting of May 19, 2008 (Item No. 4c) Page 6
Subject: Second Reading Vegetation Ordinance Amendment
Sec. 34-118. Native Vegetation Permit.
(a) Permit. Upon satisfaction and completion of all the requirements of this section, the
City Manager or designee shall issue a Native Vegetation Permit. A Native
Vegetation Permit permits the permitee to cultivate Native Vegetation and exempts
the property from Section 34-116(c). A Native Vegetation Permit shall be valid for
five (5) years from the date of approval. The City Manager or designee shall not
approve a Native Vegetation Permit for property with unresolved Code of Ordinance
violations or administrative citations.
(b) Application. The Application for a Native Vegetation Permit which shall be
provided by the City Manager or designee shall contain the following:
(1) Statement of intent and purpose in cultivating Native Vegetation.
(2) Site plan showing lot lines, buildings, location of proposed Native
Vegetation, the property’s legal description, and corner visibility
requirements as defined by Section 24-47 of the City Code.
(3) Latin and common names of the species the property owner or occupant
plans to cultivate.
(4) Maintenance requirements for said species.
(5) Name and address of a professional landscaping company which has been
hired to perform maintenance on the Native Vegetation; or the name,
address, and qualifications of the person(s) who will be responsible for
maintenance of the Native Vegetation.
(6) A Maintenance Plan, which shall contain the following:
a) Planting diagram showing the location and mature height of all
specimens of Native Vegetation;
b) Detailed information on the upkeep of the plantings; and
c) Details of any long-term maintenance required for the Native
Vegetation.
(c) Revocation. The City Manager or designee may regularly inspect any property
holding a Native Vegetation Permit for compliance with the Maintenance Plan on
file with the City for the property. If any property is not in compliance with the
Maintenance Plan, the permitee may be notified and ordered to bring the property
into compliance with the approved permit within thirty (30) days. If the permitee
falls to comply with the order, the City Manager or designee may:
(1) Revoke the Native Vegetation Permit;
(2) Remove all improperly maintained Native Vegetation;
(3) Declare the property ineligible for a Native Vegetation Permit, unless sold,
for a period of two (2) years; and
(4) Assess the property for all costs associated with inspection of the property and
any removal of improperly maintained Native Vegetation in accordance with
Minnesota Statutes § 429.101.
Meeting of May 19, 2008 (Item No. 4c) Page 7
Subject: Second Reading Vegetation Ordinance Amendment
Sec. 34-119. Penalty.
The violation of any provision of this Article is a misdemeanor and the violator shall be fined or
penalized not more than the maximum levels established by the State of Minnesota for misdemeanor
offenses. Each day on which the violation continues is a separate offense.
SECTION 8. This ordinance shall be deemed adopted and take effect fifteen days after its
publication.
First Reading May 5, 2008
Second Reading May 19, 2008
Date of Publication May 29, 2008
Date Ordinance takes effect June 13. 2008
Reviewed for Administration: Adopted by the City Council May 19, 2008
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting of May 19, 2008 (Item No. 4c) Page 8
Subject: Second Reading Vegetation Ordinance Amendment
SUMMARY
ORDINANCE NO. ____-08
AN ORDINANCE AMENDING CHAPTER 34 OF
THE ST. LOUIS PARK CODE OF ORDINANCES
CONCERNING VEGETATION AND DISEASE CONTROL
This ordinance controls native landscaping for noxious weeds and expands the tree sanitation
ordinance to encompass injurious pests.
This ordinance shall take effect not less than 15 days after publication.
Adopted by the City Council May 19, 2008
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 29, 2008
Meeting Date: May 19, 2008
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:
Approve Fund Equity Transfer.
RECOMMENDED ACTION:
Motion to Adopt Resolution Authorizing the Fund Equity Transfer.
POLICY CONSIDERATION:
Should Minnesota State Aid (MSA) reimbursement money be spent on debt service or new project
costs?
BACKGROUND:
Equity Transfer
In December, 2007, Staff asked the City Council to transfer the remaining fund balance of the
2005A Capital Projects Bond Fund into the debt service fund. During our audit, we discovered that
$177,501.89 remained from the original $355,552.23 that had been transferred into the project
fund in 2005 to pay for some of the street construction. Staff believes this money more properly
belongs in the Streets Capital Project Fund which is where Minnesota State Aid (MSA) projects are
funded.
FINANCIAL OR BUDGET CONSIDERATION:
The action recommended will allow the funds to be properly spent on new projects rather than debt
service.
VISION CONSIDERATION:
Not applicable.
Attachments: Resolution
Prepared by: Bruce DeJong, Finance Director
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item 4d) Page 2
Subject: Approve Fund Equity Transfer
RESOLUTION NO. 08-___
RESOLUTION AUTHORIZING FUND EQUITY TRANSFER
FOR 2007
WHEREAS, the City Council authorized the Finance Director to close the 2005A GO
Bond Capital Projects fund in December, 2007; and
WHEREAS, $177,501.89 that remains came from Minnesota State Aid street project
reimbursements; and
WHEREAS, those funds are properly used to defray the cost of street improvement projects;
NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council:
That approval is hereby given to the Finance Director to transfer the $177,501.89 from the
2005A GO Bond Capital Projects fund to the Streets Capital Project Fund.
Reviewed for Administration: Adopted by the City Council May 19, 2008
City Manager Mayor
Attest:
City Clerk
Meeting Date: May 19, 2008
Agenda Item #: 4e
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Bid Tabulation: 2008 MSA Street Improvement Project – Project No. 2007-1100.
RECOMMENDED ACTION:
Motion to designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a
contract with the firm in the amount of $201,255.39 for the 2008 MSA Street Improvement Project
– Project No. 2007-1100.
POLICY CONSIDERATION:
Not applicable.
BACKGROUND:
Bid Information:
Bids were received on May 7, 2008 for the 2008 MSA Street Improvement Project. This year’s
project includes work on West 36th Street between Highway 100 and Beltline Boulevard. The
project involves pavement resurfacing by a mill and overlay process where the top 2 inches of
pavement will be replaced. The project also includes minor repairs on the concrete curb and
sidewalk.
A total of seven (7) bids were received for this project. An advertisement for bids was published in
the St. Louis Park Sun-Sailor on April 17, and 24, 2008 and in the Construction Bulletin on April
21, and 28, 2008. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Valley Paving, Inc. $201,255.39
Midwest Asphalt Corporation $205,839.05
Hardrives, Inc. * $209,967.48
Bituminous Roadways, Inc. $234,529.28
DMJ Corporation * $238,664.50
Northwest Asphalt, Inc.* $253,269.38
T.A Schifsky & Sons, Inc. $263,856.80
Engineer’s Estimate $283,755.50
*Bid corrected upon extension
Meeting of May 19, 2008 (Item No. 4e) Page 2
Subject: Bid Tabulation: 2008 MSA Street Improvement – Project No. 2007-1100
Evaluation of Bids:
Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff
recommends Valley Paving, Inc. as the lowest responsible bidder. Valley Paving is a reputable
contractor that has worked for the city before and has successfully completed previous contracts.
Construction Timeline:
Construction is planned to begin in late-June and should be completed in 4 to 5 weeks.
FINANCIAL OR BUDGET CONSIDERATION:
This project is funded by State Aid monies provided to the City
VISION CONSIDERATION:
Not applicable.
Attachments: None
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Scott Brink, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
Meeting Date: May 19, 2008
Agenda Item #: 4f
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Melrose Institute – Easement Amendment.
RECOMMENDED ACTION:
Motion to Adopt Resolution approving an amendment to the Easement Agreement for 3515
Beltline Boulevard.
POLICY CONSIDERATION:
None.
BACKGROUND:
The proposed Amendment to the Easement Agreement enables utility connections to the Melrose
Institute, a 67,000 square foot medical office building currently under construction. The easements
would provide access from two areas adjacent to the site. The first provides utility access to the site
over the northerly driveway off Beltline Boulevard. This driveway was permitted under the original
easement and runs through vacant property that is anticipated to be held by the City but will not be
considered for future development or recreational purposes. The second provides utility access along
the southern driveway along Monterey Drive through the City parcel slated for a potential future
civic use.
The utilities installed in both locations will be subject to requirements related to future relocation. If
the City at any point needs to relocate the driveways, Park Nicollet would be responsible for the cost
of relocating the utilities.
FINANCIAL OR BUDGET CONSIDERATION:
The proposed Amendment does not have a budgetary impact upon the City.
VISION CONSIDERATION:
None.
Attachments: Resolution
Amendment to the Easement Agreement
Prepared by: Adam Fulton, Planner
Reviewed by: Greg Hunt, Economic Development Coordinator
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 4f) Page 2
Subject: Melrose Institute – Easement Amendment
RESOLUTION NO. 08 - ___
RESOLUTION AMENDING EASEMENT AGREEMENTS OVER CITY PROPERTY
3515 BELTLINE BOULEVARD
WHEREAS, the City Council has received a request for an amendment to an easement
agreement for property at 3515 Beltline Boulevard as described below; and
WHEREAS, the City Council has determined that the granting of said additional easements
on the site is appropriate, and that it is for the best interest of the public that said easements be
granted;
NOW THEREFORE BE IT RESOLVED, that the City of St. Louis Park grants easements
on the following described lands within the corporate limits of the City of St. Louis Park:
Legal Description of North Property
Certain real property located in Hennepin County, Minnesota and described as follows:
That part of the Northeast Quarter of the Southwest Quarter, Section 6, Township 28, Range 24,
lying northerly of Westmoreland Park and southeasterly of a line parallel with and 40 feet
southeasterly from the following described line: Commencing at a point in the South line of said
Northeast Quarter of the Southwest Quarter distant 610.26 feet east from the southwest corner
thereof; thence North 29 degrees 29 minutes 30 seconds East 1186.80 feet; thence northeasterly on
a tangential cure to the right with a radius of 1376.76 feet for a distance of 590.16 feet and there
terminating, except road.
Legal Description of City Property
Lot 2, Block 1, Melrose Institute, Hennepin County, Minnesota
Legal Description of the Park Nicollet Property
Lot 1, Block 1, Melrose Institute, Hennepin County, Minnesota
The easements shall be provided for utility purposes and shall be dedicated across, under and
through the driveway and sidewalk areas as depicted on the official exhibits for Planning Case File
07-51-PUD.
The easement documents shall provide for relocation costs related to any future relocation of utilities
installed in the easement areas.
Meeting of May 19, 2008 (Item No. 4f) Page 3
Subject: Melrose Institute – Easement Amendment
BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and
its City Manager to execute the First Amendment to the Easement Agreement for said easements on
behalf of the City.
Reviewed for Administration: Adopted by the City Council May 19, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 19, 2008 (Item No. 4f) Page 4
Subject: Melrose Institute – Easement Amendment
05/13/08
FIRST AMENDMENT TO EASEMENT AND RESTRICTION AGREEMENT
THIS FIRST AMENDMENT TO EASEMENT AND RESTRICTION AGREEMENT
(this “Agreement”) is made as of the ____ day of May, 2008 (the “Effective Date”), by and
between PARK NICOLLET METHODIST HOSPITAL, a Minnesota non-profit corporation
(“Park Nicollet”) and THE CITY OF ST. LOUIS PARK, MINNESOTA, a Minnesota municipal
corporation (the “City”).
RECITALS
A. Park Nicollet owns certain real property located within the City of St. Louis Park,
Minnesota, which is legally described on Exhibit A attached hereto (the “Park Nicollet Property”).
B. The City owns certain real property adjacent to the Park Nicollet Property and
located within the City of St. Louis Park, Minnesota, which is legally described on Exhibit B
attached hereto (the “City Property”) and on Exhibit C attached hereto (the “North Property”).
C. Park Nicollet and the City are parties to that certain Easement and Restriction
Agreement dated January 29, 2008 and recorded with the Hennepin County Recorder’s Office on
January 30, 2008 as Document No. 9091902 (the “Easement Agreement”).
D. Park Nicollet and the City desire to amend the Easement Agreement as more
particularly provided in this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and the covenants and agreements hereinafter set forth, the parties
hereto agree as follows:
1. Conflict or Inconsistency. In the event of any conflict or inconsistency between
the provisions of this Agreement and the provisions of the Easement Agreement, the provisions of
this Agreement control. Unless otherwise defined herein, all capitalized terms in this Agreement have
the meanings respectively given them in the Easement Agreement.
2. Utility Easement. The Easement Agreement is amended to add the following text
as Section 23 of the Easement Agreement:
“23. Utility Easement.
23.1 Grant of Easement. Subject to the limitations and restrictions set
forth herein, the City hereby grants and conveys to Park Nicollet a non-exclusive
Meeting of May 19, 2008 (Item No. 4f) Page 5
Subject: Melrose Institute – Easement Amendment
easement appurtenant to the Park Nicollet Property (the “Utility Easement”) solely
to install, maintain, repair and replace (a) pipes, lines and related facilities for the
transport of water (including surface and storm water), sewage and natural gas across,
under and through the driveway and sidewalk areas of the North Property as depicted
on the Site Plan, and (b) fiber optic, telephone, cable, and electrical lines (and related
conduits and facilities) across, under and through the driveway and sidewalk areas of
the North Property and the City Property as depicted on the Site Plan (collectively,
the “Utility Easement Area”). The Utility Easement includes the right of Park
Nicollet, its contractors, licensees, employees and agents (i) to excavate, construct,
reconstruct, maintain, use, repair and replace such lines, pipes, conduits, and other
facilities; (ii) to remove (but only to the extent reasonably necessary to permit Park
Nicollet’s use and enjoyment of the Utility Easement), trees, bushes, improvements,
and other obstructions that may interfere with the use and enjoyment of the Utility
Easement; and (iii) to enter upon, and to pass over and across, the North Property
and the City Property to the extent reasonably necessary to use and enjoy the Utility
Easement.
23.2 Relocation. If for reason of public need the City requires the Utility
Easement Area to be relocated in whole or in part to another area of the City Property
or the North Property, as applicable, the City shall provide written notice thereof to
Park Nicollet and Park Nicollet will use reasonable efforts to cause such relocation to
occur. The relocated Utility Easement Area must continue to provide a direct
connection between the Park Nicollet Property and adjacent public right-of-ways and
must not reduce or unreasonably impair the usefulness or function of the Utility
Easement. Park Nicollet shall be responsible for the cost to relocate the Utility
Easement Area and the utility facilities affected thereby. Upon such relocation, Park
Nicollet and the City shall enter into an amendment to this Agreement memorializing
such relocation.
23.3 Rights to Subsurface Use. The City’s right to use the subsurface
portions of the North Property and the City Property as set forth in Section 10.4 is
expressly subject to the Utility Easement.
23.4 Discontinuation of Park Use. Park Nicollet covenants that it will not
use the Utility Easement in a manner that is inconsistent with the utility purposes
enumerated in Section 23.1 hereof. The City confirms that use of the Utility
Easement in a manner consistent with the utility purposes enumerated in Section
23.1 is a use of the Utility Easement that is consistent with park use; Park Nicollet
acknowledges that any use of the Utility Easement that is inconsistent with such
utility purposes (an “Inconsistent Use”) shall be deemed a use that is inconsistent
with, and a discontinuation of, park use. If an Inconsistent Use shall continue for
thirty (30) days after written notice from the City to Park Nicollet, the City may
terminate the Utility Easement.”
Meeting of May 19, 2008 (Item No. 4f) Page 6
Subject: Melrose Institute – Easement Amendment
3. Indemnification. The first sentence of Section 11 of the Easement Agreement is
hereby amended and restated in its entirety as follows:
“Each party will indemnify each other party and hold each other party harmless from and
against any and all claims, actions, damages, liability and expense in connection with loss of
life, personal injury or damage to property or any of the above, occasioned wholly or in part
by any act or omission of such party, its tenants, subtenants, agents, employees, licensees or
invitees on the Utility Easement, the Access Easement, the Trail Easement, the Parking
Easement, the Sign Easement and the Ponding Easement.”
4. Costs. Park Nicollet will reimburse the City for all out-of-pocket costs incurred by
the City in connection with negotiating, drafting and approval of this Agreement.
5. Confirmation of Agreement. Except as set forth herein, all other terms and
conditions of the Easement Agreement shall remain unmodified and in full force and effect. The
Easement Agreement as amended herein is hereby confirmed and ratified by each of the parties
hereto. In the event of any conflict between the terms of this Agreement and the terms of the
Easement Agreement, the terms of this Agreement shall govern and control.
6. Binding Effect. This Agreement shall be binding on the parties hereto and their
respective heirs, successors and assigns.
7. Counterparts. This Agreement may be signed in any number of counterparts, each
of which shall be deemed an original and all of which together constitute one and the same
instrument. In addition, signature and acknowledgment pages from any counterpart may be
removed and attached to any other counterpart so that any counterpart with all such signature and
acknowledgment pages attached shall be deemed to be a complete and fully-executed original.
[Signature pages follow]
fb.us.2777801.02
Meeting of May 19, 2008 (Item No. 4f) Page 7
Subject: Melrose Institute – Easement Amendment
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
PARK NICOLLET METHODIST HOSPITAL
By:
Name: Duane Spiegle
Its: Vice President, Real Estate & Support
Services
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledge before me this ____ day of May, 2008, by
Duane Spiegle, the Vice President of Real Estate and Support Services of Park Nicollet Methodist
Hospital, a Minnesota non-profit corporation, on behalf of the corporation
Notary Public
THIS INSTRUMENT DRAFTED BY:
FAEGRE & BENSON LLP (RLH)
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402
(612) 766-7000
Meeting of May 19, 2008 (Item No. 4f) Page 8
Subject: Melrose Institute – Easement Amendment
CITY OF ST. LOUIS PARK, MINNESOTA
By:
Name: Jeff Jacobs
Its: Mayor
By:
Name: Tom Harmening
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of May, 2008, by Jeff
Jacobs and Tom Harmening, the Mayor and City Manager, respectively, of the City of St. Louis
Park, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the
City.
Notary Public
Meeting of May 19, 2008 (Item No. 4f) Page 9
Subject: Melrose Institute – Easement Amendment
EXHIBIT A
Legal Description of the Park Nicollet Property
Lot 1, Block 1, Melrose Institute, Hennepin County, Minnesota
Meeting of May 19, 2008 (Item No. 4f) Page 10
Subject: Melrose Institute – Easement Amendment
EXHIBIT B
Legal Description of City Property
Lot 2, Block 1, Melrose Institute, Hennepin County, Minnesota
Meeting of May 19, 2008 (Item No. 4f) Page 11
Subject: Melrose Institute – Easement Amendment
EXHIBIT C
Legal Description of North Property
Certain real property located in Hennepin County, Minnesota and described as follows:
That part of the Northeast Quarter of the Southwest Quarter, Section 6, Township 28, Range 24,
lying northerly of Westmoreland Park and southeasterly of a line parallel with and 40 feet
southeasterly from the following described line: Commencing at a point in the South line of said
Northeast Quarter of the Southwest Quarter distant 610.26 feet east from the southwest corner
thereof; thence North 29 degrees 29 minutes 30 seconds East 1186.80 feet; thence northeasterly on
a tangential cure to the right with a radius of 1376.76 feet for a distance of 590.16 feet and there
terminating, except road.
Meeting of May 19, 2008 (Item No. 4f) Subject: Melrose Institute Easement Page 12
Meeting Date: May 19, 2008
Agenda Item #: 4g
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
April 16, 2008--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Claudia Johnston-Madison, Dennis Morris, Richard Person,
Carl Robertson, Larry Shapiro, Michael Silver (youth member)
MEMBERS ABSENT: Lynne Carper, Robert Kramer
STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells
1. Call to Order – Roll Call
2. Approval of Minutes of March 19, 2008 and April 2, 2008
Ms. McMonigal noted that the minutes of March 19th should be corrected to show that
Michael Silver was in attendance.
Commissioner Morris moved approval of the minutes of March 19, 2008 and April 2, 2008
as corrected. Commissioner Johnston-Madison seconded the motion, and the motion
passed on a vote of 4-0.
Commissioner Person arrived at 6:07 p.m.
3. Hearings
A. Preliminary and Final Planned Unit Development for retail and service uses in the
Industrial Park Zoning District
Location: 5700 and 5710 West 36th Street
Applicant: Standal Properties
Case No: 08-09-PUD
Gary Morrison presented the staff report. He explained that the property is zoned
Industrial Park. The Elmwood Study, however, identifies the property as a potential
mixed use property that could be redeveloped. In the Industrial Park District retail uses are
allowed up to a maximum of 15% of the total gross building floor area. He said that with a
Planned Unit Development, that 15% can be increased to 100%. The applicant is not
proposing to redevelop the property. The building was extensively remodeled in 2007. The
applicant proposes to occupy the building entirely with retail and services uses.
Meeting of May 19, 2008 (Item No. 4g) Page 2
Subject: Planning Commission Minutes April 16, 2008
Mr. Morrison spoke about the City’s streetscape plans for 36th Street. He said the applicant
has agreed to install on-street parking spaces directly in front of his property.
Commissioner Morris said the building does not look the same on the aerial photo and the
site plan.
Mr. Morrison said that is because a portion of the back of the building has been removed.
Commissioner Morris asked about location of trash storage.
Mr. Morrison responded that at this time it is planned to be internal. If trash was ever
going to be put outside, another trash enclosure would have to be approved. He illustrated
where it could go.
Commissioner Morris asked if it was a condition of the PUD that if trash had to go outside
an enclosure would have to be built.
Mr. Morrison responded that it wasn’t a condition of the PUD, but it was a requirement of
the zoning code.
Commissioner Morris asked if the public sidewalk is on private property. He asked if there
is a provision in the PUD to dedicate public sidewalk, especially if the applicant is going to
put in parking bays.
Mr. Morrison said the dedication will be handled through the streetscape. He said the
sidewalk is at the property line.
Commissioner Morris asked if the parking bays will be built as part of the PUD.
Ms. McMonigal said the parking bays will go in with the streetscape construction which is
planned for 2008.
Commissioner Morris asked if the party handling the streetscape reconstruction will be
obtaining the new easements to maintain sidewalk on private property.
Ms. McMonigal responded that was correct.
Commissioner Morris commented that the drawing provided seemed sketch-like and
inadequate for a PUD plan.
Mr. Morrison said typically a PUD plan would provide more detail as a property is being
redeveloped. In this case, the existing building is being used.
Meeting of May 19, 2008 (Item No. 4g) Page 3
Subject: Planning Commission Minutes April 16, 2008
Ms. McMonigal added that the PUD in this case is just for a change in the allowable uses of
the property, not in the building or site.
Commissioner Morris asked if it wouldn’t be more expedient to change the zoning to allow
the other uses.
Mr. Morrison answered that staff looked at that possibility. The rezoning would take longer.
A Comprehensive Plan amendment has to occur prior to rezoning. The property is
currently ready to be occupied with retail. He went on to say it was also looked at in a
broader context that if the area is going to be redeveloped, ideally it would be done when
more parcels are assembled.
Ms. McMonigal stated that another consideration is that the Elmwood Study called out this
area for mixed use. The Mixed Use Zoning District requires a mix of uses. In this case,
there isn’t a multi-story building with a mix of uses. She said it is an awkward or unusual
part of the ordinance which led to this alternative for the application. The PUD process was
the best tool in place right now to accommodate the uses. She suggested that the Mixed Use
District should be part of the upcoming Comprehensive Plan discussions.
Commissioner Morris asked about restaurants and food service not being allowed because
the property is still zoned Industrial. He said he asked because Condition 1.c.iv. in the staff
report refers to outdoor dining area.
Mr. Morrison said that language typically appears in PUD conditions, but in this case it
probably shouldn’t be in the recommended conditions.
Ms. McMonigal said it could be removed from the conditions.
Commissioner Person referred to façade design guidelines mentioned in the conditions. He
asked if the developer intends to upgrade the façade.
Mr. Morrison responded that the building was recently remodeled and some minor façade
upgrades were made, but generally there won’t be any changes.
Chair Robertson asked about accessibility issues in changing an industrial building to a retail
use. He asked if those requirements were met when the building was remodeled.
Mr. Morrison replied that was correct. The building was reviewed as a commercial building
and the ADA standards have been met.
John Standal, applicant, commented that he is very appreciative of the City’s efforts for his
proposal. He said the questions raised by the Commission are very good questions. Those
are the issues that he and staff have been working on.
Meeting of May 19, 2008 (Item No. 4g) Page 4
Subject: Planning Commission Minutes April 16, 2008
Chair Robertson opened the public hearing. As no one was present wishing to speak, he
closed the public hearing.
Commissioner Morris said he was uncomfortable using the PUD process to create a retail
space or an extended retail space in the Industrial District. It is not an intentional
circumvention of the process and uses in the zoning code. He said that staff is being creative,
which the Commission also tries to be to accommodate businesses and land use when there
is no productive use of the land. He said he wants to voice caution and put on record that
this is not a standard use for a PUD. He said he recognizes the unique situation that has
occurred. He acknowledged the planned corridor that the City has for that area and said he
certainly would not recommend this in an Industrial zoned area were there not the
circumstances about the new development, 36th Street streetscape, etc. Commissioner
Morris said he is in favor of the proposal, but this is not the normal process and should not
be used as the standard in the future.
Chair Robertson stated that staff and the Commission received a written communication
from Doris Robitz, 3600 Wooddale, expressing disapproval of the proposal.
Ms. McMonigal said that staff did receive a few calls from residents about the application.
There was confusion about whether the site was being redeveloped. Callers were satisfied to
learn that it regarded a change of use rather than a redevelopment.
Commissioner Morris moved approval of the Preliminary and Final Planned Unit
Development with removal of Condition 1.c.iv. Outdoor dining areas from the
recommended conditions. Commissioner Shapiro seconded the motion. The motion
passed on a vote of 5-0.
4. Adjournment
The meeting was adjourned at 6:20 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
Meeting Date: May 19, 2008
Agenda Item #: 4h
OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY
COMMISSION MEETING
Wednesday, March 19, 2008, 6:30 p.m.
0B Westwood Room, City Hall
1. Call to Order
Chair Mr. Hagemann called the meeting to order at 6:30 p.m.
Commission members present: Bruce Cornwall, George Foulkes, George Hagemann, Steve
Hallfin, Lauren Webb-Hazlett (6:51 p.m.), and Tom Worthington.
Commission members absent: Kirk Hawkinson
Staff present: Cindy Walsh, Director of Parks and Recreation, Jim Vaughan, Environmental
Coordinator, and Stacy Voelker, Recording Secretary.
2. Presentation: None.
3. Approval of Minutes
• February 20, 2008
It was moved by Commission member Mr. Worthington to approve the minutes from
the regular meeting of the Parks and Recreation Advisory Commission. The motion
passed 5-0.
4. New Business: None.
5. Old Business
a. Minnehaha Creek Clean Up
Mr. Vaughan notified the Commission that a new group just formed called Concerned
Citizens for the Minnehaha Creek Corridor. The group meets monthly at City Hall and the
goal is to keep the entire creek corridor clean. Helen Pitt is the St. Louis Park advocate. The
group is planning a kick off event on Saturday, April 19 in Minneapolis and hope to get
others involved also. Neighborhoods that have cleaned up the area in the past are partnering
with the new group. Mr. Vaughan indicated that garbage can be assembled in one place and
the city will dispose of it. Mr. Hagemann inquired if there is a general spring clean up and
Mr. Vaughan indicated there is with the Earth Day event on April 26.
Meeting of May 19, 2008 (Item No. 4h) Page 2
Subject: Parks and Recreation Advisory Commission Official Minutes of March 19, 2008
Mr. Hagemann inquired if the clean up should be done when the water levels are low; Mr.
Vaughan indicated it is a good idea, but the preference is to clean up in spring before the
garbage sinks. Mr. Vaughan feels a partnership could be created if the Commission is
interested.
Mr. Worthington inquired if Mr. Vaughan would be available on clean up day. Mr.
Vaughan would be available and can assist in coordinating the clean up.
Members and Mr. Vaughan reviewed a map and briefly discussed the potential clean up area.
Mr. Vaughan suggested beginning at Creekside or by Target/Knollwood. Mr Vaughan
indicated last year Target had a group participate in clean up in their area. Mr. Vaughan can
contact Sara Krzesowiak to arrange volunteers to clean up the Target area if needed.
Members feel the area chosen depends on the number of volunteers available. Staff can
contact Ms. Webb-Hazlett and inquire if the High School’s SOS group is available. Mr.
Vaughan suggested a chain saw could be provided to clear needed areas also.
Members discussed items needed which include pickers, gloves, garbage bags, waders, and
potentially a few canoes. Ms. Walsh advised staff will email a list of items provided and a list
of items needed. Members were directed to respond with attendance and items they can
provide. Event will be held rain or shine. Staff will provide lunch or snacks following event.
Mr. Worthington indicated the Watershed board has a grant application process which
begins in October. After reviewing last winter’s creek clean up, he feels there is potential to
apply for a grant next year.
b. Fundraising at Cub Foods
Mr. Hallfin inquired if all members have reviewed the information and feel could do to make
money for the scholarship fund. Members discussed and feel fundraising is a good idea but
concerned about time commitment. Members dislike three day commitment and hours. Mr.
Hallfin inquired where the money comes from in the scholarship fund. Ms. Walsh indicated
the scholarship fund is generally supplemented by the budget. Mr. Foulkes indicated there
may be more options as Ms. Webb-Hazlett with a school group may be interested in
assisting.
Members discussed and agreed to table this item until the April meeting to discuss with Mr.
Hawkinson and Ms. Webb-Hazlett.
Meeting of May 19, 2008 (Item No. 4h) Page 3
Subject: Parks and Recreation Advisory Commission Official Minutes of March 19, 2008
6. Communications
a. Chair
Mr. Hallfin advised Little League participation numbers appear strong from recent
registration.
b. Commissioners
None.
c. +Program Report
Mr. Vaughan briefly updated the Commission on the project to straighten Minnehaha Creek
from Excelsior Boulevard to Louisiana Avenue. Mr. Vaughan advised all agreements to have
been endorsed. Methodist Hospital is paying half and Minnehaha Creek Watershed District
is paying half.
d. Directors Report
Ms. Walsh will attend a meeting with Minnehaha Creek Watershed District on Friday
involving the Minnehaha Creek restoration. Mr. Vaughan indicated a matching grant
program will assist funding of the restoration.
7. Adjournment
The meeting adjourned at 6:57 p.m.
It was moved by Commission member Ms. Webb-Hazlett to adjourn. The motion passed 6-0.
Respectfully submitted,
Stacy Voelker
Recording Secretary
Meeting Date: May 19, 2008
Agenda Item #: 4i
MINUTES
St. Louis Park Housing Authority
St. Louis Park City Hall, Westwood Room
Wednesday, April 9, 2008
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt,
Renee Fitzgerald
STAFF PRESENT: Jane Klesk, Kathy Larsen, Kevin Locke, Michele Schnitker,
Teresa Schlegel
1. Call to Order
The meeting was called to order at 5:03 p.m.
2. Approval of Minutes for March, 2008
The Board minutes of March 12, 2008 were unanimously approved.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
c. Approval of Sale of 2600 Natchez Excess Land Parcel
Ms. Larsen provided an explanation of the Development Agreement for the excess land
parcel at 2600 Natchez Avenue South. It was agreed that a start date no later than
September 1, 2008, and a completion date of May 31, 2009 will be required.
Commissioner Fitzgerald moved to authorize execution of the Development Agreement
as amended, with Richard and Adrienne Harrison, for the purchase and development of
the property at 2600 Natchez Avenue South. Commissioner Fillbrandt seconded the
motion, and the motion passed 3-0.
Meeting of May 19, 2008 (Item No. 4i) Page 2
Subject: Housing Authority Minutes April 9, 2008
2
a. Approval of Insurance Award
Ms. Schnitker explained the results of the Request For Proposals for the HA’s property,
liability and crime, automobile, umbrella and flood insurance renewals. Three proposals
were received, the lowest of which is a renewal proposal from State Farm, the HA’s
current insurance provider. Commissioner Fillbrandt moved to (1) accept the State
Farm proposal at a rate of $25,087.54 for property, liability, and crime (with a $5,000
deductible); $1,443.54 for automobile; and $1,267 for umbrella liability; (2) obtain
coverage through the City for workers’ compensation coverage at an approximate cost of
$7,437; and (3) authorize staff to renew the flood policy when it is due at an anticipated
premium cost of approximately $2,430. Commissioner Fitzgerald seconded the motion,
and the motion passed 3-0.
b. Approval of Financial Services Contract
Ms. Schnitker requested that the Board approve a contract with the City’s Finance
Department to continue to provide financial services to the HA through March 31,
2010, at a cost increase of 3% each of the two years covering the contract.
Commissioner Fitzgerald moved to approve the Financial Services Contract between the
HA and the City of St. Louis Park, in the amount of $46,911 for fiscal year ending
March 31, 2009, and $48,318 for fiscal year ending March 31, 2010. Commissioner
Fillbrandt seconded the motion, and the motion passed 3-0.
d. Approval of Hamilton House Caretaker Contract
Ms. Schlegel stated that the caretaking contract with Ruzdija and Jasmina Suljic expired
March 31, 2008. Joe Wellentin, Maintenance Technician for the HA, is interested in
assuming the caretaker position. Commissioner Fitzgerald moved to approve the
Hamilton House Caretaker Contract with Joe Wellentin, in the amount of $450 per
month plus free rental of Unit 222, beginning April 1, 2008 and terminating on March
31, 2009. Commissioner Fillbrandt seconded the motion, and the motion passed 3-0.
e. Public Housing and Section 8 Collection Write-off, Resolution No. 570
Ms. Klesk provided the Board with background on the annual Public Housing and
Section 8 Collection Loss Write-Off in the total amount of $7,469.77. After discussion,
Commissioner Fitzgerald requested that staff research the feasibility of raising the late
rent charge and changing the rent due date to earlier in the month. Ms. Schnitker
agreed to bring information on her request to the Board with the next couple of months.
Commissioner Fillbrandt moved to approve Resolution No. 570, Resolution of the
Housing Authority of St. Louis Park, Minnesota, Designating Damages, Unpaid Rents,
and Other Charges as Collection Losses in the Public Housing and Section 8 Programs,
and Commissioner Fitzgerald seconded the motion. The motion passed 3-0.
Meeting of May 19, 2008 (Item No. 4i) Page 3
Subject: Housing Authority Minutes April 9, 2008
3
f. Amendment of Project Based Housing Choice Voucher Contract with Vail Place
Ms. Schnitker described Vail Place’s contract for seven units of project based Section 8
Housing Choice Voucher assistance. Commissioner Fillbrandt moved to authorize
execution of an amendment to the contract with Vail Place, further amended to include
today’s date, to administer seven (7) units of Section 8 Project Based Assistance at 3647
Sumter Avenue, June 1, 2008 through May 31, 2013. Commissioner Fitzgerald
seconded the motion, and the motion passed 3-0.
g. Update of FYE 2008 Plan
Ms. Schnitker briefly reviewed the FYE 2008 Action Plan and explained that the Action
Plan is a blue print of what the HA will work on during the upcoming year. The FYE
2009 Action Plan will be discussed at the next Board meeting. Commissioner Courtney
requested that acronyms be defined.
7. Communications from Executive Director
a. Claims List April – 2008
b. Communications
1. Monthly Report April – 2008
2. Development Report
3. Scattered Site Houses and Hamilton House (verbal report)
4. Draft Financial Statements – Report
8. Other
9. Adjournment
Commissioner Fillbrandt moved to adjourn the meeting, and Commissioner Fitzgerald seconded
the motion. The motion passed 3-0. The meeting was adjourned at 6:00 p.m.
Respectfully submitted,
__________________________
Renee Fitzgerald, Secretary
Meeting Date: May 19, 2008
Agenda Item #: 4j
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 April 26, 2008 through May 16, 2008.
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
05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO
1Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
973.92FABRICATIONOTHER IMPROVEMENT SUPPLIES3M
973.92
253.25GENERAL REPAIR EQUIPMENT MTCE SERVICEA&T UPHOLSTERY
253.25
182.65TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC
69.95GENERAL REPAIR EQUIPMENT PARTS
252.60
257.61PREVENTATIVE MAINTENANCE GENERAL SUPPLIESA-OK EQUIPMENT & SUPPLY CO
257.61
375.00POLICE G & A POLICE EQUIPMENTACCURATE RADAR SPECIALTIES
375.00
57.50H.V.A.C. EQUIP. MTCE BLDG/STRUCTURE SUPPLIESACE SUPPLY CO
57.50
237.25EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORP
237.25
200.00HUMAN RESOURCES CITEAESOP'S TABLE INC
200.00
190.72GENERAL REPAIR TIRESAMERICAN TIRE DISTRIBUTORS
190.72
92.04GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER
222.17PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
159.75PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
142.47ENTERPRISE G & A GENERAL SUPPLIES
158.08VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
169.40WATER UTILITY G&A OPERATIONAL SUPPLIES
169.36SEWER UTILITY G&A OPERATIONAL SUPPLIES
1,113.27
79.88INSPECTIONS G & A GENERAL SUPPLIESAMERIPRIDE SERVICES INC
79.88
1,312.72PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 2
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2Page -Council Check Summary
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Vendor AmountBusiness Unit Object
676.16POLICE G & A OFFICE SUPPLIES
12.68-POLICE G & A BANK CHARGES/CREDIT CD FEES
1,976.20
508.86INSTALLATIONOTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL
187.83FABRICATIONOTHER IMPROVEMENT SUPPLIES
696.69
4,425.00REILLY BUDGET GENERAL PROFESSIONAL SERVICESANGEL ENVIRONMENTAL MGMT
4,425.00
811.48BUILDING MAINTENANCE GENERAL SUPPLIESAPACHE GROUP OF MINNESOTA
811.48
656.46HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEAQUILA NEIGHBORHOOD ASSN
656.46
20.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPSARM
20.00
32.10GENERAL REPAIR EQUIPMENT PARTSAUSTIN HARDWARE & SUPPLY
32.10
518.80REILLY BUDGET EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC
518.80
100.00CABLE TV G & A OTHER CONTRACTUAL SERVICESBABY BLUE ARTS
100.00
2,855.37TREE REPLACEMENT TREE REPLACEMENTBACHMANS
2,855.37
2,438.88EMPLOYEE FLEX SPEND G&A TUITIONBAHR, KURT
2,438.88
4,551.06CE INSPECTION IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO
4,551.06
159.72GENERAL REPAIR EQUIPMENT PARTSBATTERIES PLUS
38.32SEWER UTILITY G&A GENERAL SUPPLIES
198.04
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 3
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3Page -Council Check Summary
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Vendor AmountBusiness Unit Object
125.00ADULT SOFTBALL PROGRAM REVENUEBAUMAN, JASON
125.00
152.83BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESBECKER ARENA PRODUCTS
152.83
450.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESBERGFORD ARCHITECTURE, JOHN
450.00
259.09HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEBONGAARTS, JOANNE
259.09
2,464.65POLICE G & A OPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC
2,464.65
79.12GENERAL REPAIR EQUIPMENT PARTSBOYER TRUCKS
79.12
125.00ADULT SOFTBALL PROGRAM REVENUEBRESSER, SCOTT
125.00
543.48HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEBROOKSIDE NEIGHBORHOOD ASSN
543.48
26.72-WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTSCALGON CARBON CORP
437.76REILLY BUDGET EQUIPMENT PARTS
21,400.00OPERATIONSCLEANING/WASTE REMOVAL SUPPLY
21,811.04
140.85INSPECTIONS G & A TRAININGCAMILON, MANNY
140.85
7,941.06ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC
180.00EXCESS PUBLIC LAND LEGAL SERVICES
2,155.27WIRELESS G & A LEGAL SERVICES
10,276.33
4,035.29CE DESIGN IMPROVEMENTS OTHER THAN BUILDICANADIAN PACIFIC RAILWAY
749.16STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI
4,784.45
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 4
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4Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
438.34PRINTING/REPRO SERVICES RENTAL EQUIPMENTCANON FINANCIAL SERVICES
438.34
192.00OPERATIONSOPERATIONAL SUPPLIESCARDIAC SCIENCE INC
192.00
80.94DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE
80.94
20,000.00EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ BENEFITS & INSURANCE SERV
20,000.00
124.58EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ FINANCIAL SOLUTIONS INC
124.58
1,564.36DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENTCDW GOVERNMENT INC
1,009.09APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT
2,573.45
6,952.60DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT
36,655.11MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES
43,607.71
3,787.72FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY
2,031.00PARK MAINTENANCE G & A HEATING GAS
147.73WESTWOOD G & A HEATING GAS
244.47NATURALIST PROGRAMMER HEATING GAS
9,004.84WATER UTILITY G&A HEATING GAS
428.78REILLY G & A HEATING GAS
815.13SEWER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI
16,459.67
6,225.56EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND
6,225.56
1,408.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESCHOICEPOINT SERVICES INC
1,408.00
121.07WATER UTILITY G&A GENERAL CUSTOMERSCHOR, KIM HOUY
121.07
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 5
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5Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
99.51GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESCINTAS FIRST AID & SAFETY
99.51
463.01ADMINISTRATION G & A GENERAL SUPPLIESCITIZENS INDEPENDENT BANK
229.74ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
270.97ADMINISTRATION G & A MEETING EXPENSE
20.21HUMAN RESOURCES GENERAL SUPPLIES
28.75HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT
50.00HUMAN RESOURCES RECOGNITION
800.00HUMAN RESOURCES TRAINING
22.66HUMAN RESOURCES MEETING EXPENSE
13.86COMM & MARKETING G & A TELEPHONE
10.63COMM & MARKETING G & A BANK CHARGES/CREDIT CD FEES
28.50HUMAN RIGHTS SEMINARS/CONFERENCES/PRESENTAT
54.10APPLICATION SUPPORT/SERVICE OFFICE EQUIPMENT
24.95NETWORK SUPPORT SERVICES OTHER CONTRACTUAL SERVICES
390.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT
3.46FINANCE G & A BANK CHARGES/CREDIT CD FEES
70.00COMM DEV PLANNING G & A TRAINING
16.00COMM DEV PLANNING G & A MEETING EXPENSE
195.11OFFICE EQUIP MTCE GENERAL SUPPLIES
290.50SUPERVISORYTRAINING
50.22ERUOPERATIONAL SUPPLIES
259.00COMMUNICATIONS/GV REIMBURSEABL TRAINING
38.47OPERATIONSGENERAL SUPPLIES
150.98OPERATIONSOPERATIONAL SUPPLIES
114.45OPERATIONSTRAINING
56.00PUBLIC WORKS G & A TRAINING
400.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT
44.00ENGINEERING G & A OFFICE SUPPLIES
1,210.00ENGINEERING G & A TRAINING
460.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT
774.90ORGANIZED REC G & A GENERAL SUPPLIES
25.32ORGANIZED REC G & A MEETING EXPENSE
389.90ADULT PROGRAMS GENERAL SUPPLIES
37.86BASKETBALLGENERAL SUPPLIES
61.20SPECIAL EVENTS SUBSCRIPTIONS/MEMBERSHIPS
58.89HOLIDAY PROGRAMS GENERAL SUPPLIES
774.90SUMMER PLAYGROUNDS GENERAL SUPPLIES
20.18ENVIRONMENTAL G & A OFFICE SUPPLIES
755.93WESTWOOD G & A GENERAL SUPPLIES
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 6
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6Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
98.03WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES
31.59BUILDING MAINTENANCE GENERAL SUPPLIES
144.45AQUATIC PARK MAINTENANCE GENERAL SUPPLIES
629.08VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
9.69VEHICLE MAINTENANCE G&A INTEREST/FINANCE CHARGES
17.90PREVENTATIVE MAINTENANCE GENERAL SUPPLIES
14.91CABLE TV G & A OFFICE EQUIPMENT
1.87CABLE TV G & A BANK CHARGES/CREDIT CD FEES
99.00TV PRODUCTION GENERAL SUPPLIES
634.09PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
106.64DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT
10,451.90
78.11WATER UTILITY G&A GENERAL CUSTOMERSCLARK, BROOK
78.11
15,984.90ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES
15,984.90
219.90NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST
219.90
4,011.61PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY
4,011.61
5,770.70EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S
5,770.70
176.34OPERATIONSOPERATIONAL SUPPLIESCONNEY SAFETY PRODUCTS
176.34
8,158.89POLICE G & A OTHER CONTRACTUAL SERVICESCORNERSTONE ADVOCACY SERVICE
8,158.89
288.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESCOX, BARB
288.00
951.78DARE PROGRAM OPERATIONAL SUPPLIESCREATIVE PRODUCT SOURCING INC
951.78
57.15HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLECREEKSIDE NEIGHBORHOOD ASSOC
57.15
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 7
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7Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
17.96POLICE G & A OPERATIONAL SUPPLIESCUB FOODS
132.05POLICE G & A SUBSISTENCE SUPPLIES
27.67POLICE G & A MEETING EXPENSE
177.68
37.48-WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTSCULVER COMPANY
614.04WATER UTILITY G&A OFFICE SUPPLIES
576.56
14,092.49WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP
69,306.26CONSTRUCTION MATERIAL IMPROVEMENTS OTHER THAN BUILDI
83,398.75
113.55BUILDING MAINTENANCE GENERAL SUPPLIESDALCO ENTERPRISES INC
113.55
82.83PARK MAINTENANCE G & A SMALL TOOLSDELEGARD TOOL CO
82.83
131.70PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEDEPENDABLE TIRE INC
131.70
4,192.74EMPLOYEE FLEX SPEND G&A UNEMPLOYMENTDEPT EMPLOYMENT & ECONOMIC DEV
4,192.74
30.00ELECTRICAL SYSTEM MTCE LICENSESDEPT LABOR & INDUSTRY
50.00BOILER MTCE LICENSES
4,541.51INSPECTIONS G & A DUE TO OTHER GOVTS
4,621.51
207.97ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC
207.97
237.00INSPECTIONS G & A TRAININGDION, JAMIE
237.00
4,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC
4,000.00
876.01COMM & MARKETING G & A PRINTING & PUBLISHINGDO-GOOD.BIZ INC
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 8
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8Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
1,408.80POSTAL SERVICES POSTAGE
2,284.81
228.98WESTWOOD G & A GENERAL SUPPLIESDON'S RODENTS
228.98
116.00INSPECTIONS G & A PLUMBINGDOODY MECHANICAL
116.00
40.19GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESDRYWALL SUPPLY INC
40.19
552.00BASKETBALLOTHER CONTRACTUAL SERVICESEDMOND, ERIC
552.00
92.50ESCROWSDuke Realty - West EndEHLERS & ASSOCIATES INC
7,493.75ESCROWS
856.25WESTMORELAND HIA OTHER CONTRACTUAL SERVICES
8,442.50
53.68PARK MAINTENANCE G & A GENERAL SUPPLIESELVIN SAFETY SUPPLY
53.68
4.74WATER UTILITY G&A GENERAL CUSTOMERSEMC
4.74
50.00DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICEENCORE BROKERS
50.00
442.00ESCROWSBass Lake/EDI/UPENSR CORPORATION
1,480.51SAMPLINGGENERAL PROFESSIONAL SERVICES
2,872.50STUDIESGENERAL PROFESSIONAL SERVICES
4,795.01
32.44REC CENTER BUILDING GENERAL SUPPLIESEPA AUDIO VISUAL INC
32.44
1,338.71GENERAL REPAIR EQUIPMENT PARTSEQUIPMENT DISTRIBUTION MANAGEM
1,338.71
340.00FINANCE G & A GENERAL PROFESSIONAL SERVICESEVERYTHING'S TOGETHER
340.00
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 9
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9Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
391.94NETWORK SUPPORT SERVICES OFFICE EQUIPMENTEXECUTIVE OFFICE CONCEPTS LTD
391.94
797.96GENERAL REPAIR EQUIPMENT PARTSFACTORY MOTOR PARTS CO
797.96
234.80POLICE G & A SUBSISTENCE SUPPLIESFASTENAL COMPANY
77.94PLAYGROUND EQUIPMENT MAINTENAN EQUIPMENT PARTS
10.88BUILDING MAINTENANCE GENERAL SUPPLIES
323.62
615.92ICE RESURFACER MOTOR FUELSFERRELLGAS
615.92
3,131.20EMPLOYEE FLEX SPEND G&A TUITIONFORSTER, JAY
3,131.20
1,000.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTGLOBAL SOLUTIONS INTERNATIONAL
1,000.00
390.82IRRIGATION MAINTENANCE GENERAL SUPPLIESGOODIN COMPANY
390.82
767.88YOUTH PROGRAMS GENERAL SUPPLIESGRAINGER INC, WW
791.53BUILDING MAINTENANCE GENERAL SUPPLIES
49.52WATER UTILITY G&A GENERAL SUPPLIES
294.67SEWER UTILITY G&A OTHER
1,903.60
600.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICESGREEN, HOWARD R COMPANY
600.00
585.00DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESHALF TECHNOLOGY INC, ROBERT
585.00
480.00PICNIC SHELTERS RENT REVENUEHARTMANN, RAYMOND
480.00
327.84WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS WATER TREATMENT GROUP
327.84
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 10
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10Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
615.03GENERAL REPAIR TIRESHEARTLAND DISTRIBUTION LLC
615.03
10.00APPLICATION SUPPORT/SERVICE SUBSCRIPTIONS/MEMBERSHIPSHENNEPIN COUNTY INFO TECH
758.03NETWORK SUPPORT SERVICES COMPUTER SERVICES
1,689.76POLICE G & A EQUIPMENT MTCE SERVICE
1,245.84OPERATIONSRADIO COMMUNICATIONS
3,703.63
4,000.00MAINTENANCEOTHER CONTRACTUAL SERVICESHENNEPIN COUNTY SENTENCING TO
2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES
2,000.00MAINTENANCEOTHER CONTRACTUAL SERVICES
8,000.00
1,668.00POLICE G & A SUBSISTENCE SERVICEHENNEPIN COUNTY TREASURER
254.35PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE
2,700.00PARK IMPROVEMENT G & A PAYMENT IN LIEU OF TAXES
4,622.35
1,250.00OPERATIONSGENERAL PROFESSIONAL SERVICESHENNEPIN FACULTY ASSOCIATES
1,250.00
165.00GARAGE MTCE BUILDING MTCE SERVICEHIGHVIEW PLUMBING INC
165.00
590.19ROUTINE MAINTENANCE OPERATIONAL SUPPLIESHIGHWAY TECHNOLOGIES INC
721.96DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES
247.43PAINTINGOPERATIONAL SUPPLIES
1,559.58
91.48HARD SURFACE FLOOR MTCE BLDG/STRUCTURE SUPPLIESHIRSHFIELDS
928.00WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES
1,019.48
312.08INSPECTIONS G & A BUILDINGHOFFMAN WEBER CONSTRUCTION INC
312.08
71.06GROUNDS MTCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES
172.09GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIES
210.99DAMAGE REPAIR SMALL TOOLS
44.99PARK MAINTENANCE G & A GENERAL SUPPLIES
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 11
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11Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
31.45PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES
86.29TREE MAINTENANCE GENERAL SUPPLIES
5.31ENVIRONMENTAL G & A GENERAL SUPPLIES
248.83REFORESTATIONLANDSCAPING MATERIALS
152.67BUILDING MAINTENANCE GENERAL SUPPLIES
799.10PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
21.75WATER UTILITY G&A GENERAL SUPPLIES
40.06WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES
48.00WATER UTILITY G&A BUILDING MTCE SERVICE
13.69SEWER UTILITY G&A SMALL TOOLS
1,946.28
25.54COMM DEV G & A GENERAL SUPPLIESHOME HARDWARE
37.67GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES
21.29ANIMAL CONTROL OPERATIONAL SUPPLIES
9.46ENGINEERING G & A GENERAL SUPPLIES
3.50PATCHING-PERMANENT GENERAL SUPPLIES
91.17PARK MAINTENANCE G & A GENERAL SUPPLIES
59.99BUILDING MAINTENANCE GENERAL SUPPLIES
23.55WATER UTILITY G&A SMALL TOOLS
272.17
98.47ASSESSING G & A MILEAGE-PERSONAL CARHOPPE, MARK
98.47
120.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPSHSBC BUSINESS SOLUTIONS
125.05PARK MAINTENANCE G & A GENERAL SUPPLIES
113.92TREE MAINTENANCE GENERAL SUPPLIES
26.83WESTWOOD G & A CONCESSION SUPPLIES
60.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS
450.95WATER UTILITY G&A OTHER
896.75
90.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSIAEI
90.00
77.53PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESICI DULUX PAINT CENTERS
77.53
9,141.09EQUIPMENT REPLACE G&A OFFICE FURNITURE & EQUIPMENTIKON OFFICE SOLUTIONS
9,141.09
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 12
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Vendor AmountBusiness Unit Object
2,309.90CABLE TV G & A OTHER CONTRACTUAL SERVICESIMPLEX.NET INC
2,309.90
264.65GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESINDELCO
202.71SANDING/SALTING EQUIPMENT PARTS
79.96WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
49.10SEWER UTILITY G&A EQUIPMENT PARTS
596.42
260.93ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIESINDEPENDENT BLACK DIRT CO
260.93TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIES
521.86TREE MAINTENANCE OTHER CONTRACTUAL SERVICES
1,043.72
385.26PREVENTATIVE MAINTENANCE EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M
752.42GENERAL REPAIR EQUIPMENT PARTS
1,137.68
27.79WATER UTILITY G&A GENERAL SUPPLIESINTERSTATE POWER SYSTEMS INC
27.79
958.50GENERAL REPAIR EQUIPMENT MTCE SERVICEINVER GROVE FORD
958.50
67.71ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESIRON MOUNTAIN
75.91EDA / HA REIMBURSEMENT COST REIMBURSEMENT
49.50POLICE G & A OTHER CONTRACTUAL SERVICES
193.12
56.00WESTWOOD G & A GENERAL SUPPLIESISD #283
56.00
25.53DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIESJERRY'S MIRACLE MILE
10.54SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES
2.51PARK MAINTENANCE G & A GENERAL SUPPLIES
11.77GENERAL REPAIR GENERAL SUPPLIES
30.76GENERAL REPAIR SMALL TOOLS
4.80GENERAL REPAIR EQUIPMENT PARTS
8.60SEWER UTILITY G&A SMALL TOOLS
94.51
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 13
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13Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
125.00ADULT SOFTBALL PROGRAM REVENUEJOHNSON, CHOW
125.00
788.10PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY
4,283.96PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES
5,072.06
63.64GENERAL REPAIR EQUIPMENT PARTSKATH FUEL OIL SERVICE
63.64
5,376.50ESCROWSKENNEDY & GRAVEN
5,376.50
140.85INSPECTIONS G & A TRAININGKRECH, BARBARA
140.85
25.00INSPECTIONS G & A TRAININGKUBE, CLARK
25.00
628.22WIRELESS G & A MILEAGE-PERSONAL CARLANDIS, FRANK
628.22
300.00MOVE-UP PROGRAM SERVICES/MRKTG GENERAL SUPPLIESLARSEN, KATHY
300.00
635.27ELECTRICAL SYSTEM MTCE BLDG/STRUCTURE SUPPLIESLARSON, JH CO
806.70BUILDING MAINTENANCE GENERAL SUPPLIES
1,441.97
250.00UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE
250.00
56.50POLICE G & A OTHER CONTRACTUAL SERVICESLEXISNEXIS
56.50
2,129.75ESCROWSLHB ENGINEERS & ARCHITECTS
2,129.75
420.00AQUATIC PARK G & A OPERATIONAL SUPPLIESLIFEGUARD STORE, THE
420.00
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 14
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14Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
134.79GENERAL FUND BALANCE SHEET CLEARING ACCOUNTLOUCKS ASSOCIATES
134.79
251.50BOILER MTCE BUILDING MTCE SERVICELOUIS DEGIDIO SERVICES
251.50
125.00ADULT SOFTBALL PROGRAM REVENUELOVEJOY, LAURA
125.00
24.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESLUCIER, LUKE
24.00
30.30ADMINISTRATION G & A MILEAGE-PERSONAL CARLUEDKE, KRIS
30.30
2,853.48GENERAL REPAIR EQUIPMENT PARTSMACQUEEN EQUIP CO
2,853.48
298.47PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESMCCOY, WILLIAM PETROLEUM FUELS
60.71VEHICLE MAINTENANCE G&A MOTOR FUELS
359.18
125.00ADULT SOFTBALL PROGRAM REVENUEMCGOVERN, DREW
125.00
125.00ADULT SOFTBALL PROGRAM REVENUEMCGUIRE, MARK
125.00
125.43TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEMCMENOMY, BRENDAN
125.43
24.53DAMAGE REPAIR SMALL TOOLSMENARDS
33.10SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES
21.28WESTWOOD G & A GENERAL SUPPLIES
78.91
191.38PARK GROUNDS MAINTENANCE GENERAL SUPPLIESMETRO ATHLETIC SUPPLY
191.38
47.78OPERATIONSEQUIPMENT PARTSMETRO FIRE INC
47.78
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 15
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15Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
220.20WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMETRO LEAK DETECTION INC
220.20
306.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS
306.00
1,806.75INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL
1,806.75
782.53POLICE G & A POLICE EQUIPMENTMICRO CENTER
23.43SUPPORT SERVICES POLICE EQUIPMENT
31.98PATROLPOLICE EQUIPMENT
29.82WATER UTILITY G&A OFFICE SUPPLIES
181.28DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT
1,049.04
53.58POLICE G & A GENERAL PROFESSIONAL SERVICESMID AMERICA BUSINESS SYSTEMS
19,574.41DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT
19,627.99
4,777.79CRACK SEALING PROJECTS OTHER IMPROVEMENT SUPPLIESMIDSTATES EQUIPMENT & SUPPLY
4,777.79
265.38ADMINISTRATION G & A GENERAL SUPPLIESMIDWEST BADGE & NOVELTY CO
265.38
184.80CONCESSIONSCONCESSION SUPPLIESMIDWEST COCA-COLA BTLG
184.80
25,574.00VEHICLE MAINTENANCE G&A MOTOR FUELSMIDWEST FUELS INVER GROVE HEIG
25,574.00
475.01EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC
475.01
991.67EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT
991.67
20.00SWEEPINGEQUIPMENT PARTSMINNESOTA CONWAY
20.00
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Subject: Vendor Claims Page 16
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Vendor AmountBusiness Unit Object
190.00OPERATIONSTRAININGMINNESOTA DEPT PUBLIC SAFETY
190.00
15.28EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA DEPT REVENUE
15.28
10.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA LEGAL REGISTER
10.00
16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS
16.00
85.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA REAL ESTATE JOURNAL
85.00
345.00WATER UTILITY G&A LICENSESMINNESOTA REVENUE
1,230.00REILLY BUDGET CLEANING/WASTE REMOVAL SERVICE
1,575.00
511.20WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMINVALCO INC
511.20
700.00SUPERVISORYTRAININGMOBIUS INC
700.00
646.46ACCIDENT REPAIR EQUIPMENT MTCE SERVICEMORRIE'S MINNETONKA FORD
646.46
339.00PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESMOST DEPENDABLE FOUNTAINS
339.00
524.41GENERAL REPAIR EQUIPMENT PARTSMTI DISTRIBUTING CO
41,041.05EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
41,565.46
600.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMVTL LABORATORIES
600.00
29.61PREVENTATIVE MAINTENANCE EQUIPMENT PARTSMYERS TIRE SUPPLY CO
29.61
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 17
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Vendor AmountBusiness Unit Object
27.31GROUNDS MTCE EQUIPMENT PARTSNAPA (GENUINE PARTS CO)
21.28-PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVES
275.30PREVENTATIVE MAINTENANCE EQUIPMENT PARTS
74.72PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE
31.44GENERAL REPAIR GENERAL SUPPLIES
2,024.89GENERAL REPAIR EQUIPMENT PARTS
21.80SEWER UTILITY G&A EQUIPMENT MTCE SERVICE
2,434.18
1,567.00SSD 1 G&A OTHER CONTRACTUAL SERVICESNATURAL REFLECTIONS VII LLC
1,648.00SSD 2 G&A OTHER CONTRACTUAL SERVICES
362.00SSD 3 G&A OTHER CONTRACTUAL SERVICES
3,577.00
134.13OPERATIONSGENERAL SUPPLIESNELSON, MARK
80.00OPERATIONSOPERATIONAL SUPPLIES
214.13
213.82VEHICLE MAINTENANCE G&A GENERAL SUPPLIESNEP CORP
213.82
585.00ADMINISTRATION G & A TRAININGNEW HORIZONS LEARNING CENTER
585.00
76.53HUMAN RESOURCES TELEPHONENEXTEL COMMUNICATIONS
61.75RESEARCH & DEVELOPMENT TELEPHONE
168.88EDA / HA REIMBURSEMENT TELEPHONE
651.91POLICE G & A TELEPHONE
498.55OPERATIONSTELEPHONE
243.27ENGINEERING G & A TELEPHONE
506.01PUBLIC WORKS OPS G & A TELEPHONE
209.86PARK AND REC G&A TELEPHONE
451.82ORGANIZED REC G & A TELEPHONE
332.13PARK MAINTENANCE G & A TELEPHONE
88.82ENVIRONMENTAL G & A TELEPHONE
297.77WESTWOOD G & A TELEPHONE
76.53REC CENTER/AQUATIC PARK SAL TELEPHONE
86.17VEHICLE MAINTENANCE G&A TELEPHONE
453.68WATER UTILITY G&A TELEPHONE
192.01SEWER UTILITY G&A TELEPHONE
4,395.69
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 18
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
49.06BUILDING MAINTENANCE GENERAL SUPPLIESNORTHERN AIRE SWIMMING POOLS
24.53AQUATIC PARK MAINTENANCE GENERAL SUPPLIES
73.59
9.97-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSNORTHERN SAFETY CO INC.
163.40PARK MAINTENANCE G & A GENERAL SUPPLIES
153.43
20.00ADMINISTRATION G & A TRAININGNORTHSTAR CHAPTER APA
20.00
613.34ENGINEERING G & A GENERAL PROFESSIONAL SERVICESNORTHWEST LASERS INC
613.34
44.94STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESO'CONNOR, CHARLES
44.94
9.69PREVENTATIVE MAINTENANCE EQUIPMENT PARTSO'REILLY AUTO PARTS
9.69
500.00ANIMAL CONTROL OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL
500.00
174.20ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE
174.20
162.79ADMINISTRATION G & A OFFICE SUPPLIESOFFICE DEPOT
86.60GENERAL INFORMATION OFFICE SUPPLIES
76.72FACILITIES MCTE G & A OFFICE SUPPLIES
107.05POLICE G & A OFFICE SUPPLIES
44.97POLICE G & A OPERATIONAL SUPPLIES
56.21OPERATIONSOFFICE SUPPLIES
28.17INSPECTIONS G & A GENERAL SUPPLIES
81.58PUBLIC WORKS G & A OFFICE SUPPLIES
22.27PUBLIC WORKS OPS G & A OFFICE SUPPLIES
163.69ORGANIZED REC G & A OFFICE SUPPLIES
22.28PARK MAINTENANCE G & A OFFICE SUPPLIES
202.93WESTWOOD G & A OFFICE SUPPLIES
22.27VEHICLE MAINTENANCE G&A OFFICE SUPPLIES
10.09HOUSING REHAB G & A OFFICE SUPPLIES
85.04WATER UTILITY G&A OFFICE SUPPLIES
1,172.66
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 19
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
1,056.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM
1,056.00
45.52OPERATIONSOPERATIONAL SUPPLIESOHLIN SALES INC
45.52
3,322.77PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESOUT BACK NURSERY
3,322.77
86.46COMMUNICATIONS/GV REIMBURSEABL TRAVEL/MEETINGSPACHOLKE, TONY
1.12COMMUNICATIONS/GV REIMBURSEABL MEETING EXPENSE
87.58
148.06SUPERVISORYTRAININGPARKER, JON
148.06
5,748.45COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESPARKTACULAR
5,748.45
8,521.33COMM & MARKETING G & A PRINTING & PUBLISHINGPERNSTEINER CREATIVE GROUP INC
8,521.33
29.34INSPECTIONS G & A GENERAL SUPPLIESPETTY CASH
36.00INSPECTIONS G & A MEETING EXPENSE
2,500.00PARK AND RECREATION BALANCE SH PETTY
2,565.34
15.73POSTAL SERVICES POSTAGEPETTY CASH - WWNC
65.31WESTWOOD G & A GENERAL SUPPLIES
12.78WESTWOOD G & A MILEAGE-PERSONAL CAR
9.54NVYGENERAL SUPPLIES
10.56SPRINGGENERAL SUPPLIES
10.64SUMMER PRE/K GENERAL SUPPLIES
124.56
768.61GENERAL REPAIR TIRESPOMP'S TIRE SERVICE INC
273.80GENERAL REPAIR EQUIPMENT MTCE SERVICE
1,042.41
359.10PARK MAINTENANCE G & A TELEPHONEPOPP TELECOM
359.10
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 20
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
229.39WATER UTILITY G&A POSTAGEPOSTMASTER - PERMIT #603
229.39SEWER UTILITY G&A POSTAGE
229.39SOLID WASTE COLLECTIONS POSTAGE
229.38STORM WATER UTILITY G&A POSTAGE
917.55
1,140.00PAINTINGOTHER IMPROVEMENT SUPPLIESPOTTERS INDUSTRIES INC
1,140.00
8.72TREE MAINTENANCE GENERAL SUPPLIESPRAIRIE LAWN & GARDEN
8.72
125.00ADULT SOFTBALL PROGRAM REVENUEPREUHS, WAYNE
125.00
180.00ICE RESURFACER EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC
180.00
10,500.00ESCROWSPMC ESCROWPROVIDENT REAL ESTATE OPPORTUN
10,500.00
48.20VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER
48.20
645.01FACILITY OPERATIONS TELEPHONEQWEST
55.22NEIGHBORHOOD OUTREACH TELEPHONE
110.44COP SHOP TELEPHONE
2,022.46COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
18.12E-911 PROGRAM TELEPHONE
22.53REC CENTER BUILDING TELEPHONE
2,873.78
64.33ICE RESURFACER EQUIPMENT MTCE SERVICER & R SPECIALTIES
64.33
125.00ADULT SOFTBALL PROGRAM REVENUERALSTON, PATRICK
125.00
1,747.86FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC
760.76REC CENTER BUILDING GARBAGE/REFUSE SERVICE
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 21
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
74.84WATER UTILITY G&A GARBAGE/REFUSE SERVICE
577.46SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE
3,160.92
69.23WATER UTILITY G&A POSTAGERAPID GRAPHICS & MAILING
69.23SEWER UTILITY G&A POSTAGE
69.22SOLID WASTE COLLECTIONS POSTAGE
69.22STORM WATER UTILITY G&A POSTAGE
276.90
44.11AQUATIC PARK MAINTENANCE GENERAL SUPPLIESRBC TILE & STONE
44.11
4,344.36COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESREACH FOR RESOURCES INC
4,344.36
36.30-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSRECREONICS ETAL
594.75AQUATIC PARK MAINTENANCE GENERAL SUPPLIES
558.45
248.04STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIREED BUSINESS INFORMATION
315.90PAVEMENT MANAGEMENT G&A IMPROVEMENTS OTHER THAN BUILDI
563.94
373.20ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESRICHARDSON, TERESA
373.20
1,800.00EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESRIGHT MANAGEMENT CONSULTANTS I
1,800.00
166.05GENERAL REPAIR EQUIPMENT PARTSRIGID HITCH INC
166.05
243.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSROTARY CLUB OF SLP
85.00SUPERVISORYSUBSCRIPTIONS/MEMBERSHIPS
168.00SUPERVISORYMEETING EXPENSE
496.00
485.00PLUMBING MTCE BUILDING MTCE SERVICEROTO-ROOTER
485.00
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 22
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
7.60OPERATIONSOPERATIONAL SUPPLIESRWS VALLEY NATIONAL GASES
7.60
49.95GENERAL REPAIR EQUIPMENT MTCE SERVICESAFELITE FULFILLMENT INC
49.95
45.91ORGANIZED REC G & A GENERAL SUPPLIESSAM'S CLUB
51.75PARK MAINTENANCE G & A GENERAL SUPPLIES
22.84WESTWOOD G & A GENERAL SUPPLIES
12.44SPRINGGENERAL SUPPLIES
132.94
260.18BUILDING MAINTENANCE GENERAL SUPPLIESSAVITT BROS INC
260.18
400.47BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSCAN AIR FILTER INC
400.47
85.07GENERAL REPAIR EQUIPMENT PARTSSCHELEN-GRAY AUTO ELECTRIC
85.07
126.32GENERAL BUILDING MAINTENANCE SMALL TOOLSSEARS COMMERCIAL ONE
126.32
16,459.89PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH
585.20STORM WATER UTILITY BUDGET OTHER CONTRACTUAL SERVICES
17,045.09
101.18GENERAL REPAIR GENERAL SUPPLIESSEVEN CORNERS ACE HDWE
101.18
53.71HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLESHARE, JOHN
53.71
578.30ADULT FITNESS PROGRAMS OTHER CONTRACTUAL SERVICESSHEEHAN, ALEEAH
578.30
1,349.89PAINTINGOTHER IMPROVEMENT SUPPLIESSHERWIN-WILLIAMS CO
1,349.89
109.89OPERATIONSFIRE ALARM & SPRINKLERSHIELD FIRE PROTECTION INC
109.89
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 23
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23Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
381.00GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICESIMPLEXGRINNELL LP
576.44BUILDING MAINTENANCE BUILDING MTCE SERVICE
957.44
700.00HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLESKYTOP IMPRESSIONS
700.00
39.52ADMINISTRATION G & A MEETING EXPENSESONGLE, LISA
39.52
3,995.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESSPRINGSTED
3,995.00
41.70POLICE G & A TELEPHONESPRINT
41.70
20.33WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSPS COMPANIES INC
20.33
8,000.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTSRF CONSULTING GROUP INC
421.12ESCROWSDuke Construction-Mps West TS
9,192.74ESCROWSAUAR-West Duke
627.76PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
3,420.64PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI
12,922.95CE DESIGN IMPROVEMENTS OTHER THAN BUILDI
34,585.21
16,446.80PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESST CROIX REC CO
16,446.80
3,500.00POLICE G & A OPERATIONAL SUPPLIESST LOUIS PARK POLICE EXPLORER
3,500.00
62.92ADMINISTRATION G & A LONG TERM DISABILITYSTANDARD INSURANCE COMPANY, TH
55.19HUMAN RESOURCES LONG TERM DISABILITY
15.76COMM & MARKETING G & A LONG TERM DISABILITY
43.35TECH & SUPPORT SERVICES G & A LONG TERM DISABILITY
19.89ASSESSING G & A LONG TERM DISABILITY
73.25FINANCE G & A LONG TERM DISABILITY
114.67COMM DEV G & A LONG TERM DISABILITY
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 24
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
18.17FACILITIES MCTE G & A LONG TERM DISABILITY
125.47POLICE G & A LONG TERM DISABILITY
79.69OPERATIONSLONG TERM DISABILITY
77.18INSPECTIONS G & A LONG TERM DISABILITY
45.37PUBLIC WORKS G & A LONG TERM DISABILITY
58.05ENGINEERING G & A LONG TERM DISABILITY
21.18PUBLIC WORKS OPS G & A LONG TERM DISABILITY
85.00ORGANIZED REC G & A LONG TERM DISABILITY
21.18PARK MAINTENANCE G & A LONG TERM DISABILITY
17.66ENVIRONMENTAL G & A LONG TERM DISABILITY
17.66WESTWOOD G & A LONG TERM DISABILITY
18.67REC CENTER/AQUATIC PARK SAL LONG TERM DISABILITY
18.17VEHICLE MAINTENANCE G&A LONG TERM DISABILITY
17.16HOUSING REHAB G & A LONG TERM DISABILITY
21.18WATER UTILITY G&A LONG TERM DISABILITY
2,217.72EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY
3,244.54
223.60ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSSTAR TRIBUNE
223.60
700.00WATER UTILITY G&A LICENSESSTATE OF MINNESOTA
700.00
452.33BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSTATE SUPPLY CO
452.33
581.49GENERAL REPAIR EQUIPMENT PARTSSTONEBROOKE EQUIPMENT INC
581.49
125.00ADULT SOFTBALL PROGRAM REVENUESTORM, JON
125.00
1,253.14AQUATIC PARK MAINTENANCE BLDG/STRUCTURE SUPPLIESSTRATEGIC EQUIPMENT & SUPPLY C
1,253.14
2,733.63POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S
1,022.37EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT
3,756.00
167.63GENERAL REPAIR EQUIPMENT PARTSSUBURBAN CHEVROLET
167.63
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 25
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05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
616.70ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS
75.07ROUTINE MAINTENANCE IMPROVEMENTS OTHER THAN BUILDI
75.08PAVEMENT MANAGEMENT G&A IMPROVEMENTS OTHER THAN BUILDI
766.85
818.99PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC
818.99
70.36POLICE G & A GENERAL SUPPLIESTARGET BANK
34.02POLICE G & A OPERATIONAL SUPPLIES
68.75POLICE G & A SUBSISTENCE SUPPLIES
4.38WESTWOOD G & A GENERAL SUPPLIES
16.89NVYGENERAL SUPPLIES
194.40
225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESTEA2
225.00
37.41ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC
37.41
256.73BUILDING MAINTENANCE EQUIPMENT MTCE SERVICETENNANT SALES AND SERVICE CO.
256.73
143.98WESTWOOD G & A BUILDING MTCE SERVICETERMINIX INT
94.00BUILDING MAINTENANCE BUILDING MTCE SERVICE
237.98
3,300.00SAMPLINGOTHER CONTRACTUAL SERVICESTESTAMERICA LABORATORIES INC
3,300.00
35.63INSPECTIONS G & A MEETING EXPENSETILTON, JOHN
35.63
396.25ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL
396.25
103.11GENERAL REPAIR EQUIPMENT PARTSTOMAR ELECTRONICS
103.11
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 26
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26Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
5,650.00PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESTOWN & COUNTRY FENCE INC
6,650.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
12,300.00
355.15GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN CHEMLAWN
355.15
124.11PREVENTATIVE MAINTENANCE EQUIPMENT PARTSTURFWERKS LLC
124.11
10.67PARK BUILDING MAINTENANCE GENERAL SUPPLIESTWIN CITY HARDWARE
10.67
7,884.84SNOW PLOWING OTHER CONTRACTUAL SERVICESTWIN CITY OUTDOOR SERVICES INC
7,884.84
36.83GENERAL REPAIR GENERAL SUPPLIESTWIN CITY OXYGEN CO
36.83
244.50EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA
244.50
18,050.00WIRELESS G & A GENERAL SUPPLIESUNPLUGGED CITIES LLC
18,050.00
1,242.72ESCROWSAUAR-West DukeURS CORPORATION
1,242.72
74.64POLICE G & A TELEPHONEUSA MOBILITY WIRELESS INC
18.90WATER UTILITY BUDGET TELEPHONE
93.54
175.01OPERATIONSOPERATIONAL SUPPLIESVALLEY NATIONAL GASES WV LLC
125.56SEWER UTILITY G&A SMALL TOOLS
300.57
83.33ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM
83.33
2,142.36DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSVERIZON WIRELESS
1,336.83VOICE SYSTEM MTCE TELEPHONE
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 27
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27Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
251.88POLICE G & A TELEPHONE
54.89COMMUNICATIONS/GV REIMBURSEABL TELEPHONE
3,785.96
68.50PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR
68.50
80.00SPRINGOTHER CONTRACTUAL SERVICESWALKER, ERIKA
80.00
89.98GRANTSCLEANING/WASTE REMOVAL SUPPLYWASTE MANAGEMENT
89.98
125.00ADULT SOFTBALL PROGRAM REVENUEWEAVER, MARY
125.00
237.55WATER UTILITY G&A BUILDING MTCE SERVICEWEBER ELECTRIC
237.55
111.83SPLASH PAD MAINT - Oak Hill Pk GENERAL SUPPLIESWELD-KRAFT
111.83
2,683.80PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESWEST MARINE
2,683.80
1,205.03HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEWESTWOOD HILLS NEIGHBORHOOD AS
1,205.03
564.45GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESWHEELER HARDWARE
564.45
160.25GENERAL REPAIR EQUIPMENT PARTSWHEELER'S AUTOBODY SUPPLY
160.25
125.00ADULT SOFTBALL PROGRAM REVENUEWHITCOMB, DAVID
125.00
59.40SPECIAL PROGRAMS PROGRAM REVENUEWIELOCK, JOAN
17.10WESTWOOD G & A PROGRAM REVENUE
76.50SUMMER GRADE 2, 3 PROGRAM REVENUE
113.40SEASON TICKETS PROGRAM REVENUE
266.40
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 28
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28Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
36.36WESTWOOD G & A MILEAGE-PERSONAL CARWILCOX, KERRY
36.36
587.78EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE
587.78
217,354.65WOLFE LAKE OTHER CONTRACTUAL SERVICESWOLFE LAKE ASSOCIATION
217,354.65
125.00ADULT SOFTBALL PROGRAM REVENUEWRIGHT, JEFF
125.00
8,681.39FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY
20.10OPERATIONSELECTRIC SERVICE
23,167.31PUBLIC WORKS OPS G & A ELECTRIC SERVICE
169.08PARK BUILDING MAINTENANCE ELECTRIC SERVICE
313.24WESTWOOD G & A ELECTRIC SERVICE
10,786.84ENTERPRISE G & A ELECTRIC SERVICE
637.42WATER UTILITY G&A ELECTRIC SERVICE
22,142.74OPERATIONSELECTRIC SERVICE
11.76OPERATIONSELECTRIC SERVICE
379.25WIRELESS G & A OTHER CONTRACTUAL SERVICES
66,309.13
156.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEZACHARIAS, MARK
156.00
84,718.01EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTZAMBONI COMPANY
84,718.01
129.09HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEZANDER, LOIS
129.09
5,940.57SWEEPINGEQUIPMENT PARTSZARNOTH BRUSH WORKS INC
5,940.57
1,585.06AQUATIC PARK MAINTENANCE GENERAL SUPPLIESZEBEC OF NORTH AMERICA INC
1,585.06
33.55VEHICLE MAINTENANCE G&A GENERAL SUPPLIESZEE MEDICAL SERVICE
33.55
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 29
05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO
29Page -Council Check Summary
05/19/2008 -04/26/2008
Vendor AmountBusiness Unit Object
124.84VEHICLE MAINTENANCE G&A GENERAL SUPPLIESZEP MFG
124.84
297.69PREVENTATIVE MAINTENANCE EQUIPMENT PARTSZIEGLER INC
331.64GENERAL REPAIR EQUIPMENT PARTS
629.33
413.38ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING
413.38
Report Totals 1,082,089.97
Meeting of May 19, 2008 (Item No. 4j)
Subject: Vendor Claims Page 30
Meeting Date: May 19, 2008
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:
Walgreens Retail Store – 7200 Cedar Lake Road
RECOMMENDED ACTION:
Motion to Adopt Resolution approving a Conditional Use Permit for drive-through service at 7200
Cedar Lake Road.
Motion to Adopt Resolution approving a Variance for a drive-through setback for the project at
7200 Cedar Lake Road.
POLICY CONSIDERATION:
The proposed redevelopment project would result in the removal of the existing gas and service
station, convenience store and car wash. A Walgreen’s drug store would be constructed. The new
use is permitted in the C-2 General Commercial Zoning District. A Conditional Use Permit is
required because a drive-through window is requested. The drive-through would require a setback
variance. As proposed, the drive-through doesn’t meet the 100 foot setback requirements from
residential property. In the attached resolution, restrictions would be placed on the drive-through
window to ensure it could only be used for a pharmacy and could not be converted to another type
of drive-through service.
BACKGROUND:
Process:
Staff was approached in November, 2007 about the possibility of a redevelopment project at 7200
Cedar Lake Road. Because of on-going fire station studies, the site plan was evaluated by city staff
with the developer for opportunities for a cooperative public/private redevelopment project that
would include the fire station. After studying the issue, it was determined that integrating a fire
station with Walgreens on the site would not result in the best long term site plan for the fire station.
In the meantime, the developer brought a draft Walgreens only site plan to a January, 2008
Planning Commission study session for review. The developer prepared a revised site plan based on
Planning Commission comments, which is attached.
The developer held a neighborhood meeting on April 29th to share the proposed plans with area
neighbors; approximately 14 residents attended. One neighbor attended the public hearing,
speaking in opposition to the redevelopment project. The principal concerns included the loss of
the gas station, drive-through hours, and potential impacts to area businesses. The Planning
Meeting of May 19, 2008 (Item No. 8a) Page 2
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
Commission recommended approval of the Conditional Use Permit. A motion to recommend
denial of the Variance failed on a tie vote, so there is no recommendation for the Variance.
Site Conditions:
Existing Use
The site has historically served as a motor vehicle service and filling station. The existing station was
constructed after receiving a Conditional Use Permit in 1996. There is a carwash and a convenience
store attached to the existing service and filling station. The proposed development calls for the
removal of all buildings and underground tanks on the site.
Use Characteristics
The proposed use includes the construction of a Walgreens store and a small adjacent retail or
restaurant use. These uses are permitted construction in the C-2 district; because of the request for a
drive-through, a Conditional Use Permit is required. The general Zoning Ordinance requirements
are met, as shown below.
Factor Required Proposed
Met?
Height 75’ maximum 38’ at the highest point Yes
Building Materials 60% Class I materials Minimum 60% brick / glass Yes
Setbacks – Front / Rear 5’ 34’ 120.6’ 38’ Yes
Setbacks – Side / Side 0’ 15’ 12’ 15’ Yes
Off-Street Parking 46 spaces 43 east of building
49 shared north of building
(92 total spaces)
Yes
Bicycle Parking 5 spaces 6 spaces Yes
Floor Area Ratio 2.0 maximum 0.2 Yes
Open Area / DORA None required Provided NA
Landscaping 22 trees
132 shrubs
22 trees
192 shrubs
Yes
Mechanical Equipment Full screening
required
Provided – rooftop Yes
Refuse Handling Full screening
required
Internal trash rooms provided Yes
Stormwater Required city and
watershed standards
Underground storage and
quality control provided
Yes
Meeting of May 19, 2008 (Item No. 8a) Page 3
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
Parking
The amount of parking provided exceeds the required amount. However, 49 spaces included as part
of the parking plan are part of a shared easement between the City and the property owner. The
City obtained the easement as part of the gas station redevelopment in 1996. The City’s spaces are
used for parking at Northside Park. Shared parking remains appropriate even with a different use at
this site, because the City’s parking demand for the spaces in the easement is predominately in the
evening and peaks in the winter months when the ice rink is in use. The parking available to the
east of the building will be adequate for the retail uses, while it is expected that employee parking
will take place to the north of the proposed buildings.
Landscaping and Screening
Landscaping requirements are met on the proposed site plan. The existing landscaping on the site is
in poor condition; however, the developer has attempted to save some existing deciduous trees. The
existing landscaping is surrounded by rock mulch. The new site plan will introduce green areas to
the front of the store and at the intersection of Louisiana Avenue South and Cedar Lake Road. The
impervious surface area on the new site plan, in comparison to existing conditions, will be reduced
(with a corresponding increase in green space).
Screening of parking areas along Louisiana Avenue South and Cedar Lake Road will be
accomplished in the manner as required by the landscaping standards adopted in 2007. Low-
growing shrubs will be complemented by a tree canopy, which will allow visibility into the parking
lot but will prevent headlights from shining into public streets.
Designed Outdoor Recreation Area (DORA)
No DORA is required for the proposed development. However, the applicant still plans to improve
the outdoor landscape of the site. Aside from the installation of required landscaping materials, the
applicant will provide an improved pedestrian environment along Cedar Lake Road and Louisiana
Avenue South. Two benches will be installed along the sidewalks to increase opportunities for rest
and interaction between pedestrians and passersby.
Stormwater
Underground stormwater storage will be provided in the parking lot to the east of the store. The
stormwater storage system will be designed to provide sufficient water retention to meet the City’s
goals. It will also provide measures to improve water quality that will meet the goals of the
Minnehaha Creek Watershed District (MCWD). A permit from the MCWD will be required prior
to issuance of the building permit.
Height and Materials
The building will be 28 feet in height as viewed from Cedar Lake Road and Louisiana Avenue
South. At the rear of the building, a mezzanine level will reach 34 feet in height. The mezzanine
level provides storage for the Walgreens store; the design used in this location allows for a smaller
store footprint in an urban format, but still requires some storage space. The height of the building
at its highest point is under the maximum of 75 feet in height permitted in the C-2 district.
Meeting of May 19, 2008 (Item No. 8a) Page 4
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
The materials proposed for the building are composed of brick, glass, and architectural stone. Staff
completed an estimate indicating that the amount of brick and glass exceeds 60% of the total
building materials used. The developer will provide a refined materials calculation prior to City
Council review; it is expected to be similar to the calculations completed by Staff.
Conditional Use Permit:
Drive-through (in-vehicle service)
A conditional use permit is required for any drive-through in the C-2 district. The conditions relate
to site access, traffic generation, and vehicle stacking. The proposed site plans, attached, meet the
conditions of the Zoning Ordinance with the exception of the setback variance.
Site Access
Redevelopment of the site into a retail store would allow for the closure of several driveway entrances
onto Louisiana Avenue South and Cedar Lake Road. Doing so will improve safety conditions for
customers and the public using the adjacent streets and intersection. At the present time, there are
three access points off of Cedar Lake Road and two off of Louisiana Avenue South. The proposed
site plan closes two of the access points completely; three driveways remain. The primary access
point is along Cedar Lake Road at the site’s west side, where full turning movements will be
permitted. The plan calls for one right-in/right-out access point along Louisiana Avenue South.
There is also another right-in/right-out access near the store’s entrance along Cedar Lake Road.
To ensure the right-in/right-out access points meet safety requirements, the developer will
reconstruct portions of the median on Louisiana Avenue South and Cedar Lake Road. These new
medians will be designed to meet the specifications of the City Engineer, and will not impede access
to any adjacent properties.
Traffic
A traffic and circulation analysis of the site and proposed development was completed by SRF
Consulting. There is a moderate volume of traffic on adjacent roadways, both of which are minor
arterials. Based on traffic projections completed by SRF, installation of a south-bound right-turn
lane on Louisiana Avenue South may be needed at Cedar Lake Road by the year 2030. The new
turn lane will require some property from the 7200 Cedar Lake Road site. For this reason, the
developer will be dedicating an easement at the SE corner of the property to allow for the future
construction of this right-turn lane.
If the site converts to a Walgreens, the volume of traffic visiting the site is expected to be lower than
current conditions. Community Development Staff estimated traffic volume using the Institute of
Transportation Engineers “7th Edition Trip Generation Handbook.” As a convenience store/gas
station with service and a car wash, the current site is estimated to have 1,800 vehicle trips per day.
If the site is redeveloped for a pharmacy/drugstore with a drive-up window, it could be expected that
the site will have approximately 1,010 trips each day. The reduction suggests that traffic conditions
directly adjacent to the site will moderately improve after the proposed redevelopment.
Meeting of May 19, 2008 (Item No. 8a) Page 5
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
Vehicle Stacking
The CUP requirements state that stacking should be provided for a minimum of six vehicles in the
drive-through lane. Sufficient stacking is available, and at no time should the stacking extend
further than the north side of the building. Generally, because of the low volumes in a pharmacy
drive-through, the stacking will not extend past the west side of the building.
Other Issues
The CUP includes a setback requirement for drive-through windows. The requirement states that a
drive-though must be a minimum of 100 feet from any property used or zoned for residential use.
The property to the west of 7200 Cedar Lake Road is a residential apartment building. A variance
has been requested, and is discussed below.
Variances:
The applicant is requesting a variance from the requirements of City Code Section 36-194(d), “Uses
permitted by conditional use permit,” which contains a setback requirement for uses with in-vehicle
service such as the proposed Walgreens drive through.
The variance would allow the construction of a drive-through within 38 feet of the adjacent property
for a reduction of 62 feet from the required 100 feet. The variance is required based on the location
of the property line, although the proposed Walgreens site abuts the parking garages and the drive-
through would be located approximately120 feet from the residential building.
Criteria
Variances shall only be granted upon a showing that the proposal meets the evaluation criteria of
Section 36-33 “Application and review process for conditional use permits and variances.” The
questions below must be satisfactorily answered. Staff has reviewed the questions in the Staff
Report; in addition, the applicant has answered the questions in an attached memo.
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of
exceptional topographical or water conditions or other extraordinary and exceptional
conditions of such lot, the strict application or the terms of this chapter would result in
peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot
in developing or using such lot in a manner customary and legally permissible within the use
district in which such lot is located.
The lot is not rectangular, and placing the drive-through on the site with driver-side access is
challenging. Several iterations of a site plan and building placement were evaluated. Placing the
Walgreens building on the western portion of the property allows the best circulation on the site for
a building with a drive-through. The east-west dimension of the site is not sufficient to
accommodate the 100 foot setback, the drive-through, the building and parking without placing the
drive-through in the front of the building, which would interfere with pedestrian access to the site.
Meeting of May 19, 2008 (Item No. 8a) Page 6
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
2. Conditions applying to the structure or land in question are peculiar to the property or
immediately adjoining property, and do not apply, generally, to other land or structures in the
use district in which the land is located.
The drive-through location is 38 feet from the residential property line and faces the adjacent
property’s parking garages. The drive-through is located approximately 120 feet from the actual
residential structures. The west side of the site is also the best location for a full intersection.
3. The granting of the proposed variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
The proposed drive-through location minimizes traffic congestion and conflicts on the site with
minimal impacts to the adjacent neighbors. The developer has indicated that the drive-through is
necessary to proceed with the redevelopment of the site.
4. The granting of the proposed variance will not impair an adequate supply of light and air
to the adjacent property, unreasonably increase the congestion in the public streets, increase
the danger of fire, or endanger public safety.
The distance of 120 feet between the drive-through and the residential structures ensures that
negative impacts typically associated with a drive-through, such as noise and exhaust fumes, should
be minimal. The adjacent garages will serve as a buffer between the drive-through and the
residential structures. The granting of the variance will not impair an adequate supply of light and
air to the adjacent property, and will not increase congestion, danger of fire or public safety.
5. The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established property
values in the surrounding area, or in any other way impair the health, safety, and comfort of
the area.
The drive-through does not result in a negative impact to the character or development of the
neighborhood, unreasonably diminish or impair established property values in the surrounding area,
or in any other way impair the health, safety and comfort of the area.
6. The granting of the proposed variance will not be contrary to the intent of this chapter and
the comprehensive plan.
The Zoning Ordinance and Comprehensive Plan both indicate that the site at 7200 Cedar Lake
Road is suitable for high-intensity commercial development. The proposal is not contrary to the
requirements of the Comprehensive Plan or the Zoning Ordinance.
Meeting of May 19, 2008 (Item No. 8a) Page 7
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
7. The granting of a variance will not merely serve as a convenience to the applicant but is
necessary to alleviate a demonstrable undue hardship or difficulty.
The variance will provide the developer with the ability to construct a pharmacy building on the site
at 7200 Cedar Lake Road. The drive-through is located a substantial distance from any residential
structures and conditions have been included in the CUP to ensure that the City retains the right to
mitigate any negative effects resulting from the drive-through.
Summary
The drive-through, while within 100 feet of the property line, is proposed to be located over 120 feet
from any residential buildings. A pharmacy drive-through is used at a substantially lower rate than
drive-throughs in alternative uses, such as at a fast-food restaurant or bank. The 100-foot
requirement was crafted with fast-food restaurants in mind; the proposed drive-through will not
include any of the corollary smells or noise occasionally found in a fast-food drive-through.
Measures to mitigate any negative effects of the proposed drive-through have been included in the
resolution of approval, ensuring it will function appropriately into the future.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Resolution – Conditional Use Permit
Resolution – Variance
Location Map
Developer narrative (Variance)
Site Plans and related documents
Prepared by: Adam Fulton, Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke. Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 8a) Page 8
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
RESOLUTION NO. 08-_____
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-194(d)(11) OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT DRIVE-THROUGH SERVICE
FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT
LOCATED AT 7200 CEDAR LAKE ROAD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Net Lease Development, LLC has made application to the City Council for a Conditional Use
Permit under Section 36-194(d)(11) of the St. Louis Park Ordinance Code for the purpose of
permitting drive-through service within a C-2 General Commercial Zoning District located at
7200 Cedar Lake Road for the legal description as follows, to-wit:
Parcel I:
That part of Lot 9, Home Addition to St. Louis Park, lying South of the North 87.1 feet
thereof, front and rear and lying East of a line drawn parallel with the East line of said Lot 9
from a point on the North line thereof distant 150 feet West from the Northeast corner
thereof, Hennepin County, Minnesota.
Parcel II:
Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn parallel
to the East line of said Lot 9, from a point on the North line thereof distant 150 feet West
from the Northeast corner thereof, and except the Southerly 7 feet of said Lot 9, according
to the recorded plat thereof, Hennepin County, Minnesota.
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08-11-CUP) and the effect of the proposed drive-through service on the
health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on the
Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the drive-through service will not be detrimental to the
health, safety, or general welfare of the community nor will it cause serious traffic congestion nor
hazards, nor will it seriously depreciate surrounding property values, and the proposed drive-
through service is in harmony with the general purpose and intent of the Zoning Ordinance and
the Comprehensive Plan.
Meeting of May 19, 2008 (Item No. 8a) Page 9
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
4. The contents of Planning Case File 08-11-CUP are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to permit drive-through service at the location described is granted
based on the findings set forth above and subject to the following conditions:
1. Prior to starting any site work, the following modifications must be made to the official
exhibits:
a. Two benches, one near the store’s entrance and another at the intersection of Cedar
Lake Road and Louisiana Avenue, shall be included on the site plan.
b. The site plan shall be revised to show an adequate distance between the parking
area and Louisiana Avenue, such that a south-bound turn lane could be constructed
at a future date by the City without impacting major landscaping features.
c. Revisions to the landscaping plan shall be made as follows:
i. Linden and Red Maple trees shall be replaced by Ginkgo or Honeylocust.
ii. Viburnum shall be replaced by Annabelle hydrangea, serviceberry or
cotoneaster.
2. Prior to starting any site work, the following conditions shall be met:
a. A preconstruction meeting shall be held with the appropriate development,
construction and City representatives.
b. All necessary permits must be obtained.
c. Specifications for tree protection and erosion control fencing must be submitted
and approved by the City Forester. Required tree protection and erosion control
fencing must be installed prior to grading activities.
d. If a demolition permit is applied for in the absence of an accompanying building
permit, a letter of credit in the amount of $5,000.00 shall be provided to guarantee
the repair of any impacted public infrastructure and to ensure that the site remains
in compliance with all requirements of the City Code for the duration of
construction.
3. Prior to the issuance of a building permit, the following conditions shall be met:
a. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure
that all proposed utilities, public access points and construction documents
conform to the requirements of the City Code of Ordinances and City policies.
b. To ensure construction of the landscaping, other required public improvements,
and the cleaning of public streets during construction, a financial guarantee shall be
provided in the amount of 125% of the cost of the landscaping materials.
c. An easement shall be provided to the City granting sufficient area, as determined by
the City Engineer, along south-bound Louisiana Avenue to construct a right turn
lane.
Meeting of May 19, 2008 (Item No. 8a) Page 10
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
d. The planned installation of any mechanical equipment shall include means to
ensure it is fully screened from off-site view.
4. The developer shall comply with the following conditions during construction:
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debris that could blow onto neighborhood
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
f. The City shall be contacted a minimum of 72 hours prior to any work in a public
street. Work in a public street shall take place only upon the determination by the
Director of Public Works that appropriate safety measures have been taken to
ensure motorist and pedestrian safety
g. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
5. Prior to the issuance of any temporary or permanent occupancy permit the following shall
be completed:
a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits.
b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits.
c. Exterior building improvements shall be completed in accordance with the signed
Official Exhibits and approved materials and colors.
d. All roof top mechanical equipment shall be installed and it shall be demonstrated
that all such equipment is fully screened from off-site views.
6. No outside storage is permitted. Incidental outside storage shall be removed within 48
hours.
7. Sidewalks shall be maintained at all times in good repair to allow for adequate pedestrian
access to and from the site. To protect the health, welfare and safety of residents, customers,
and employees, snow removal on all sidewalks shall begin with a trigger depth of ½”, with a
continuous effort until the snow event has ceased and complete cleanup has occurred.
8. All sidewalks shall be maintained free from ice at all times.
9. Snow must be hauled from the site to an off-site location. No snow shall be piled on
Louisiana Avenue South, Cedar Lake Road, or in any parking areas on or adjacent to the site.
Meeting of May 19, 2008 (Item No. 8a) Page 11
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
10. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming
measures not indicated on the official exhibits, including speed bumps, shall require a major
amendment to the Conditional Use Permit.
11. Any speaker or communication device in the drive-through shall not be audible from off-site.
12. All utility lines and structures must be placed underground or inside the building. Staff shall
verify that construction documents include the placement of all utilities lines or structures
underground or inside the building prior to issuance of the building permit.
13. Construction plans shall indicate the location of the concrete wash-out area, which shall not
be located on any required landscaping areas.
14. The developer shall pay an administrative fine of $750.00 per violation of any condition of
this approval.
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.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the
building or structure for which the conditional use permit is granted is removed.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
Approval of a Building Permit, which may impose additional requirements.
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 , 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 19, 2008 (Item No. 8a) Page 12
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
VARIANCE
RESOLUTION NO. 08-_____
RESOLUTION GRANTING VARIANCE FROM SECTION 36-194(d) OF THE
ORDINANCE CODE RELATING TO ZONING TO PERMIT REDUCTION IN
SETBACK REQUIREMENT FOR USES WITH IN-VEHICLE SERVICE FOR
PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT
AT
7200 CEDAR LAKE ROAD
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Net Lease Development, LLC has applied for a variance from Section 36-194(d) of the
Ordinance Code relating to zoning to permit construction of a drive-through within 38 feet
of the adjacent property for a reduction of 62 feet from the required 100 feet for property
located in the C-2 General Commercial Zoning District at the following location, to-wit:
Parcel I:
That part of Lot 9, Home Addition to St. Louis Park, lying South of the North 87.1
feet thereof, front and rear and lying East of a line drawn parallel with the East line
of said Lot 9 from a point on the North line thereof distant 150 feet West from the
Northeast corner thereof, Hennepin County, Minnesota.
Parcel II:
Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn
parallel to the East line of said Lot 9, from a point on the North line thereof distant
150 feet West from the Northeast corner thereof, and except the Southerly 7 feet of
said Lot 9, according to the recorded plat thereof, Hennepin County, Minnesota.
2. On May 7, 2008, the Planning Commission held a public hearing, received testimony from
the public, discussed the application and due to a tie vote (3-3) made no recommendation
for the setback variance.
3. The Planning Commission considered the effect of the proposed variance upon the health,
safety and welfare of the community, existing and anticipated traffic conditions, light and
air, danger of fire, risk to the public safety, the effect on values of property in the
surrounding area, and the effect of the proposed variance upon the Comprehensive Plan.
Meeting of May 19, 2008 (Item No. 8a) Page 13
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
4. Because of conditions on the subject property and surrounding property, it is possible to use
the property in such a way that the proposed variance will not impair an adequate supply of
light and air to the adjacent property, unreasonably increase the congestion in the public
streets, increase the danger of fire, endanger the public safety, unreasonably diminish or
impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the
Zoning Ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or
structures in the district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.
7. The contents of Planning Case File 08-12-VAR are hereby entered into and made part of the
public hearing record and the record of decision of this case.
8. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or
canceled if the holder shall fail to complete the work on or before one year after the variance
is granted.
9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or
structure for which the variance is granted is removed.
CONCLUSION
The application for the variance is granted based upon the findings set forth above, as follows:
15. A variance of 62 feet, to a distance of 38 feet, is granted from the required 100 foot setback
for in-vehicle sales or service from a residential property line.
16. To protect the health, safety and welfare of residents of St. Louis Park, the variance
approval in this resolution shall apply only to a pharmacy drive-through and not to any
other alternative use. It is noted that other uses have characteristics and impacts differing
from pharmacy drive-through service.
Meeting of May 19, 2008 (Item No. 8a) Page 14
Subject: 7200 Cedar Lake Road – Walgreens Retail Store
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 **, 2008
City Manager Mayor
Attest:
City Clerk
CEDAR LAKE RDNEVADA AVE SLOUISIANA AVE S23RD ST W KENTUCKY AVE SWalgreens - CUP and Variance7200 Cedar Lake Road
$
May 19, 2008
3
X
Zoning Classification
R1 - Single Family Residential
R2 - Single Family Residential
R3 - Two Family Residential
R4 - Multi-Familiy Residential
RC - Multi-Family Residential
POS - Parks and Open Space
MX - Mixed-Use
C1 - Neighborhood Commercial
C2 - General Commercial
O - Office
IP - Industrial Park
IG - General Industrial
170
Feet
POS
R-4
C-2
R-2
R-C
Meeting of May 19, 2008 (Item No. 8a)
Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 15
Meeting of May 19, 2008 (Item No. 8a)
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Meeting Date: May 12, 2008
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:
Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard.
RECOMMENDED ACTION:
Motion to Adopt Resolution approving the final plat of Westling Estates with variances to allow a
two foot drainage and utility easement instead of the required 10 feet and a three foot drainage and
utility easement instead of the required five feet.
Motion to Adopt Resolution to allow a 3.2 foot side yard instead of the required six feet for the
existing home, and to allow a 9.5 foot side yard instead of the required 12.7 feet for the existing
home.
Motion to Adopt Resolution to allow an existing accessory building with a ground floor area of 1165
square feet instead of the allowed maximum of 800 square feet, and a variance to allow an accessory
building to have a 25.6 foot height instead of the allowed maximum of 24 feet.
POLICY CONSIDERATION:
The variances are requested for the existing buildings on the site. The buildings will require
variances from setbacks from new property lines resulting from the new plat.
BACKGROUND:
The proposal is to subdivide approximately 1.2 acres located in the northwest corner of Minnetonka
Boulevard and Aquila Avenue South. (See attached location map.) The property contains a single
family home, a three-car garage and a barn, all of which are proposed to be saved. The applicant
proposes to subdivide the property into four single family lots, two of which would have frontage on
Aquila Ave, and the remaining two would have frontage on Minnetonka Blvd. Variances to the
Subdivision Ordinance were also requested to reduce the width of drainage and utility easements
along the north and west property lines of Lot 3.
The proposed final plat incorporates all conditions required by the City Council’s preliminary plat
approval, which include:
1. A 50 foot drainage and utility easement along the rear property line of lots 1 and 2.
2. A 10 foot drainage and utility easement along the east side property line of lot 4.
3. Priority given to place new trees along west property line of Lot 1 between the existing and
proposed home.
4. Limitation on hours of construction.
Meeting of May 19, 2008 (Item No. 8b) Page 2
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
One modification from the preliminary plat is proposed for the final plat. The proposed change is
to shift the lot line between lots 2 and 3 three feet to the west. It is being requested because the
applicant has decided to save the historic house. The approved preliminary plat shows the property
line to be 0.2 feet from the side wall of the house. The modification, together with a setback
variance discussed below, would allow the house to be 3.2 feet from the property line.
Existing Buildings
The property has three existing buildings, a house, a three car garage and a barn. The house was
built in 1874, and was extensively remodeled in the 1960s, and it does not appear to have much of
the original character remaining. The house is thought to be the oldest house in St. Louis Park and
the barn is thought to be the only remaining barn in the City.
During the preliminary plat process, the applicant was proposing to remove all three buildings. He
stated, however, that he would be willing to adjust the plat and request additional variances during
the final plat process if someone expressed an interest in keeping the buildings. The applicant would
like to save the buildings, and is now asking for the three foot lot line adjustment explained above,
and required variances. The required variances are explained and analyzed below.
Previous Approval - Preliminary Plat and Variances:
On April 7, 2008, the City Council approved the Preliminary Plat of Isabelle Estates with a
subdivision variance to allow the lot width to be maintained for less than the required 1/3 depth of
the lot. The Council also denied a variance to not install a sidewalk along Aquila Avenue, thereby
requiring the developer to install all required sidewalks.
The Council discussed the existing house, garage and barn, noting that they would have to be
removed as a result of the preliminary plat. The buildings would have to be removed because they
would not meet the current zoning for setbacks, size and height. The applicant noted that he would
be willing to shift a property line and request variances as part of the final plat process if someone
came forward to purchase the house. Now the applicant would like to keep all three existing
buildings, and has adjusted one lot line, and requested variances to accommodate the historic
buildings.
Current Request - Final Plat and Variances:
The public hearing for the variances was conducted and closed by the Planning Commission on May
7, 2008. A public hearing was not required for the final plat, but the Commissioners reviewed the
final plat with the variance requests. The Planning Commission recommended approval (5-1) of the
final plat and all requested variances.
One modification from the preliminary plat is proposed for the final plat. The proposed change is
to shift the lot line between lots 2 and 3 three feet to the west. The adjustment is requested to save
the historic house. The approved preliminary plat shows the property line to be 0.2 feet from the
side wall of the house. The change in the plat would allow the house to be 3.2 feet from the
property line.
Meeting of May 19, 2008 (Item No. 8b) Page 3
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Subdivision Analysis:
Driveways
Each lot would have a private driveway typical of other single family homes. The easterly two lots
would have access to Aquila Avenue. The westerly two would have separate, private driveways, with
a shared driveway access to Minnetonka Boulevard. The driveways would access Minnetonka
Boulevard at the same point, and immediately split into two separate driveways, as shown on the
attached drawings. The advantage of this layout is that it reduces the number of access points to
Minnetonka Boulevard and does not require a recorded agreement binding two neighbors to
driveway maintenance and cost sharing terms.
Lot Size
The parcel is 1.24 acres. The minimum required lot area is 9,000 square feet, and the minimum
required lot width is 75 feet. The four proposed lots are:
As a result of the proposed 3 foot lot line adjustment, approximately 500 square feet was reallocated
from lot 2 to lot 3. The lot widths, measured at the setback line, did not change. Staff believes the
lot sizes are consistent with lot sizes in the neighborhood. There are 11 other lots on the same block
as the subject parcel that range from 9,526 sf to 17,827 sf in area.
Park and Trail Dedication
The applicant would pay both a park and a trail dedication fee for each of the three new lots. The
park dedication fee is $1,500 per new lot, and the trail dedication fee is $225 per new lot.
Sidewalk along Minnetonka Blvd.
There is an existing sidewalk on the north side of Minnetonka Blvd that extends from Aquila Ave to
the Minneapolis border. The applicant has agreed to extend the sidewalk along Minnetonka Blvd to
the west property line of the Westling Estates Plat, and to extend the sidewalk north along Aquila
Avenue to the north property line of the plat.
County Requirements
Minnetonka Boulevard is a County road, and Hennepin County has reviewed the proposed
preliminary plat as required by the Subdivision Ordinance and County regulation. The County
requested an additional seven feet of road right-of-way and a ten foot trail easement over the
property along Minnetonka Boulevard. The applicant agreed to dedicate both the road right-of-way
and the trail easement as requested.
PRELIMINARY PLAT FINAL PLAT
Lot Lot Area Lot Width Lot Area Lot Width
Lot 1 13,895 square feet 75.0 feet 13.897 square feet 75.0 feet
Lot 2 15,103 square feet 79.8 feet 14,600 square feet 79.8 feet
Lot 3 13,204 square feet 81.3 feet 13,697 square feet 81.3 feet
Lot 4 10,666 square feet 75.0 feet 10,663 square feet 75.0 feet
Meeting of May 19, 2008 (Item No. 8b) Page 4
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Stormwater
While on-site storage of stormwater is required for many redevelopment projects, stormwater storage
is not required for the construction of individual single family dwellings. The City Engineer has
indicated that the existing stormwater system serving this part of the city has sufficient available
capacity to accommodate the construction of three new homes. Stormwater will continue to follow
a similar path relative to its historical pattern. The existing site has a significant amount of
impervious surface, all of which will be removed, and is slightly less than what is proposed.
Therefore, it is not expected that the amount of stormwater generated will exceed the historical
averages.
The applicant will be required to obtain permits from the Minnehaha Creek Watershed District.
Those permits which will apply to this subdivision include an erosion control permit and a
stormwater management permit.
Topography
The subject property has significant grade change. The highest point is along Minnetonka
Boulevard and includes the area where the existing house is. It drops ten feet in elevation to the
northwest and 12 feet to the northeast. This topography is ideal for the proposed subdivision as it
requires very little grading, making it possible to preserve the majority of the existing mature trees.
Description of Subdivision Variances:
The applicant is asking for approval of two variances to the Subdivision Ordinance. The purpose of
the variances is to preserve the existing buildings.
Drainage & Utility Easement Variances:
When reviewing a request for a variance from the Subdivision Ordinance, the city considers four
criteria. In summary, the criteria requires that there are special circumstances affecting the property,
that the public health, safety and welfare of the neighborhood is preserved, that the variance corrects
inequities resulting from circumstances such as topography, and that the variance is consistent with
the Comprehensive Plan.
The Subdivision Ordinance requires a ten foot drainage and utility easement along the north
property line, however, the existing three car garage is located 2.9 feet from the rear property line.
This variance request is to reduce the required drainage and utility easement along the rear property
line of Lot 3 from ten feet to two feet.
A five foot drainage and utility easement is required along the west side property line of Lot 3,
however, if the plat is approved, the existing home would be 3.2 feet from the side property line.
This variance request would reduce the required drainage and utility easement along the side
property line of Lot 3 from five feet to three feet.
The plat was reviewed by all utility companies servicing this area, and they all reported back that
they do not object to the variance. Staff, including public works, also reviewed the request and does
not object to the variance.
Meeting of May 19, 2008 (Item No. 8b) Page 5
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Analysis of Subdivision Variances:
For subdivision variances, the Subdivision Ordinance requires review of the following criteria:
1. There are special circumstances or conditions affecting the property such that the strict
application of the provisions of this chapter would deprive the applicant/owner
reasonable use of the land.
A five foot drainage and utility easement is required along the side property line as a result of the
plat. If the plat is approved, then the entryway located on the west side of the house would be
located in the required drainage and utility easement. The house was built in 1874, and is thought
to be the oldest house in St. Louis Park, and the entryway is part of the original structure. Granting
the variance to allow a three foot drainage and utility easement along the west side property line of
lot 3 would make it possible to preserve the house.
In addition to the house, the existing garage would be located in the drainage and utility easement
along the rear property line of lot 3. Granting the variance to allow a two foot drainage and utility
easement along the rear property line of lot 3 would make it possible to preserve the garage.
2. The granting of the variance will not be detrimental to the public health, safety, and
welfare or injurious to other property in the territory in which the property is situated.
The granting of the variance will not be detrimental to the public health, safety, or welfare or
injurious to any surrounding properties. All local utilities have reviewed the request, and none of
them are objecting to the variance. Staff has also reviewed the request, and does foresee a need to use
the easement in the future.
3. The variance is to correct inequities resulting from an extreme physical hardship such as
topography, etc.
The house was constructed in 1874, and is considered to be the oldest house in St. Louis Park. The
potential historical significance of the home creates a physical hardship in that any other existing
home would have been removed so that a new house could be constructed without a need for a
variance or a reduction in the number of lots that could be created by the plat. The garage is also
pre-existing, and requires a variance to reduce the width of the proposed drainage and utility
easement in order to preserve the garage.
4. The variance is not contrary to the intent of the Comprehensive Plan.
The requested variance is required to preserve the existing home and garage, and staff does not
believe the variances are contrary to the intent of the Comprehensive Plan.
Meeting of May 19, 2008 (Item No. 8b) Page 6
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Description of Zoning Variances:
The applicant is asking for approval of four variances to the Zoning Ordinance. The purpose of the
variances is to make it possible to preserve the existing buildings. Staff is not requiring the buildings
to be preserved, and they could be removed at any time even if the variances are approved. Staff is
recommending, and the draft resolutions are written so that if more than 50% of a building is
damaged or removed, then the variances pertaining to that building become null and void and the
building has to be made to conform to the zoning regulations in place at that time. A brief
description of each variance follows:
Variance #1 – 2.8 Foot Variance to the Side Yard:
The Zoning Ordinance requires a six foot side yard for the existing house. There is an entryway on
the side of the home that is proposed to be 3.2 feet from the proposed side property line. The 2.8
foot variance is required to allow the entryway to be 3.2 feet from the proposed side property line
instead of the required six feet. With the exception of the entryway, the closest part of the home is
6.5 feet from the proposed property line, which exceeds the minimum six foot setback.
Staff believes at least three feet is required to maintain minimum access between a house and the
property line. Any less than three feet creates problems for walking around the building, or getting
lawn mowers and other equipment around the building. Because of this, three feet is the minimum
standard used by the Board of Zoning Appeals when reviewing side yard variance requests.
Variance #2 – 3.2 Foot Variance to the Side Yard:
The Zoning Ordinance requires a greater side yard setback for buildings that are greater than 40 feet
in depth. The ordinance requires an additional two inches be added to the setback for every one
foot the side wall exceeds 40 feet. This means that a home can have a side wall that is up to 40 feet
in length at the minimum required setback, however, a side wall that extends beyond the 40 feet is
required to have a greater setback. The existing home is 80.2 feet in length. The first 40 feet of that
length is required to be setback at least six feet, and it is shown to be 6.5 feet from the proposed side
property line, so a variance is not required for that portion of the home. The remaining 40.2 feet,
however is required to be setback 12.7 feet, and is shown to be 9.5 feet from the proposed side
property line. A 3.2 foot variance is therefore required.
Variance #3 – Accessory Building Ground Floor Area:
The applicant would like to preserve the existing barn; however, it exceeds the maximum ground
floor area allowed for accessory buildings. The zoning ordinance allows a maximum ground floor
area of 800 square feet for all accessory buildings on a residential property. The existing barn
proposed to be located on lot 4 has a ground floor area of 1,165 square feet, which is 365 square feet
greater than allowed. A ground floor area variance of 365 square feet is required if the barn is to
remain.
Meeting of May 19, 2008 (Item No. 8b) Page 7
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Variance #4 – Accessory Building Height:
In addition to the ground floor area variance, a variance to the barn height is also required if the
barn is to remain. The Zoning Ordinance allows a maximum height of 24 feet to the peak for
accessory buildings. The existing barn is 25.6 feet at the highest point. A 1.6 foot height variance is
required if the barn is to remain.
Analysis of Zoning Variances:
When reviewing a request for a variance from the Zoning Ordinance, the city considers the
following seven criteria.
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional
topographical or water conditions or other extraordinary and exceptional conditions of such lot, the
strict application or the terms of this chapter would result in peculiar and practical difficulties or
exceptional or undue hardship upon the owner of such lot in developing or using such lot in a
manner customary and legally permissible within the use district in which such lot is located.
See criterion #3 below.
2. Conditions applying to the structure or land in question are peculiar to the property or
immediately adjoining property, and do not apply, generally, to other land or structures in the use
district in which the land is located.
See criterion #3 below.
3. The granting of the proposed variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
As noted in the staff report, the variances are needed to preserve the existing buildings. The house,
built in 1874, is thought to be the oldest house in St. Louis Park, and the barn is the last remaining
barn. Staff believes the nature of these structures creates an extraordinary condition of the property
that is not typical of others in the city and satisfies criterions one, two and three above.
4. The granting of the proposed variance will not impair an adequate supply of light and air to the
adjacent property, unreasonably increase the congestion in the public streets, increase the danger of
fire, or endanger public safety.
Not only do the buildings already exist, but they existed prior to all the existing homes constructed
on the neighboring properties. In addition to this, the barn is located almost 11 feet from the rear
property line, and approximately 13 feet from the side property line. The minimum setback
required by code for accessory buildings is two feet. The existing house would be 3.2 feet from the
proposed side property line. The proposed home to be built on the adjacent parcel will be at least six
feet from the property line, meaning that the closest the houses could be to one another is 9.2 feet.
The 9.2 feet is measured from the one story entryway that is only 29 square feet in area to the
Meeting of May 19, 2008 (Item No. 8b) Page 8
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
proposed house. The remaining portion of the home will be even further away. The remaining
portions of the existing house is 6.5 feet from the proposed property line, which exceeds the six foot
minimum, and 9.5 feet from the proposed property line at it’s furthest, which is only 3.2 feet less
than the 12.7 feet required by code.
The variances should not impact the neighboring properties because the variances are relatively
modest changes from the zoning requirements. All four lots also are significantly larger than the
minimum required lot area.
The variances will not impact the lots proposed in the Westling Estates plat. The existing home
would be 9.5 feet from the proposed property line.
5. The granting of the variance will not unreasonably impact on the character and development of
the neighborhood, unreasonably diminish or impair established property values in the surrounding
area, or in any other way impair the health, safety, and comfort of the area.
See criterion #7 below.
6. The granting of the proposed variance will not be contrary to the intent of the Zoning
Ordinance and the comprehensive plan.
See criterion #7 below.
7. The granting of a variance will not merely serve as a convenience to the applicant but is necessary
to alleviate a demonstrable undue hardship or difficulty.
Criterion 6, 7 and 8 are satisfied because the intent of the variances is to save the existing house and
barn. As stated above, the house is thought to be the oldest home in the city, and the barn is the last
remaining barn. Keeping these structures would preserve some of the character of the neighborhood
and the heritage of the city. Staff believes it would not be contrary to the Zoning Ordinance or
Comprehensive Plan, and that the variances are necessary to address the unique challenge these
buildings bring to this property.
FINANCIAL OR BUDGET CONSIDERATION:
The applicant will be paying a park dedication of $4,500 and a trail dedication of $675. A sidewalk
will be installed along both Minnetonka Blvd and Aquila Ave that will require continued
maintenance; however, no public road or utility improvements are required as a result of this plat.
Meeting of May 19, 2008 (Item No. 8b) Page 9
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
VISION CONSIDERATION:
This subdivision would result in the creation of three new single family homes that would increase
the value of the housing stock in this neighborhood and would enable three families to choose St.
Louis Park as their home.
Attachments: Location Map
Letter from the applicant
Draft Resolution approving the final plat
Draft Resolution approving side yard setbacks variances
Draft Resolution approving ground floor area and height variances
Final plat
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning & Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 8b) Page 10
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
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Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
D R A F T
RESOLUTION NO. 08-_____
RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF
WESTLING ESTATES (FORMERLY ISABELLE ESTATES)
WITH VARIANCES FROM THE SUBDIVISION ORDINANCE FOR
DRAINAGE AND UTLIITY EASEMENTS
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Westling Trust and Golden Valley Land Company, owners and subdividers of the
land proposed to be platted as Westling Estates have submitted an application for approval of final
plat of said subdivision 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 final 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:
That part of the southwest quarter of the southeast quarter of Section 7, Township
117, Range 21 lying southerly of the plat of West Lynn, westerly of the plat of West
Lynn Second Addition, and easterly of the easterly lines of Registered Land Surveys
No. 162 and No. 703; except that part thereof embraced within Registered Land
Survey No. 230. Torrens
4. On January 2, 2008, the Planning Commission conducted a public hearing and
tabled consideration to a future meeting. On March 5, 2008 the Planning Commission
recommended approval of the preliminary plat with conditions. At that same meeting, the
Commission also recommended approval (5-1 vote) of the variance to allow the required lot width
to extend for less than the required 1/3 of the lot depth, and the Commission recommended denial
of the variance to not install a sidewalk along Aquila Avenue.
5. On April 7, 2008, the City Council approved the preliminary plat, the
variance to allow the lot width to extend less than 1/3 of the lot depth and denied the
variance to not install a sidewalk along Aquila Avenue (thereby requiring the sidewalk to be
installed) with conditions.
Meeting of May 19, 2008 (Item No. 8b) Page 15
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
6. On May 7, 2008, the Planning Commission recommended approval (5-1
vote) of the final plat with conditions. At that same meeting, the Commission also
recommended approval (5-1 vote) of variances for drainage and utility easements according
to the following findings:
a. 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. The variances are required to preserve the existing structures
which have historical significance.
b. The granting of the variance will not be detrimental to the public health, safety, and
welfare or injurious to other property in the territory in which the property is situated.
The granting of the variance will enable the existing home, detached garage and barn to be
preserved. The home was built in 1874, and the barn is the last remaining barn in St.
Louis Park.
c. The variance is not contrary to the intent of the Comprehensive Plan.
Conclusion
The proposed final plat of Westling Estates 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, provided, however, that this approval
is made subject to the opinion of the City Attorney and Certification by the City Clerk
subject to the following conditions:
1. A variance is approved from section 26-152(b)(1) of the subdivision ordinance to reduce the
75 foot lot width required to be maintained for at least 1/3 of the lot depth. The lot
dimensions shall be as shown in the attached Exhibit A – Final Plat.
2. A subdivision variance to eliminate the requirement that sidewalks or trails be constructed
along Aquila Avenue is denied. The sidewalk shall be installed along Aquila Avenue.
3. A variance is approved from section 26-154(a) of the subdivision ordinance to reduce the
required drainage and utility easement along the north property line of Lot 3 from 10 feet to
two feet, and to reduce the required drainage and utility easement along the west property
line of Lot 3 from five feet to three feet.
4. The drainage and utility easement along the rear property line of Lots 1 and 2 shall be
increased to 50 feet.
5. The drainage and utility easement along the east property line of lot 4 shall be increased to
10 feet.
6. A 10’ public trail easement shall be provided to the City, running the full length of the
property along Minnetonka Boulevard, prior to filing the final plat.
7. A six foot wide concrete sidewalk shall be constructed by the developer along Minnetonka
Blvd and Aquila Ave.
8. Developer shall relocate the crosswalk across Minnetonka Blvd to the west side of Aquila
Avenue (Aquila Ave located on the north side of Minnetonka Blvd).
Meeting of May 19, 2008 (Item No. 8b) Page 16
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
9. Lots 1 and 2 are to have two separate driveways, but share a common access onto
Minnetonka Blvd.
10. The driveways on Lots 1 and 2 are to have a built in turn around so vehicles leaving the
property are not required to back onto Minnetonka Blvd.
11. Priority shall be given for tree replacement to provide screening along the west property line
of Lot 1 between the proposed home and the existing home on the adjacent parcel to the
west.
12. Park dedication fees must be received by the City prior to filing a final plat.
13. Trail dedication fees must be received by the City prior to filing the final plat.
14. Applicant shall submit financial security in the form of a cash escrow or letter of credit in the
amount of $1000 to insure that a Mylar copy of the final plat is provided.
15. Applicant shall submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of tree replacement, relocating the crosswalk at Minnetonka
Blvd, constructing a six foot sidewalk along Minnetonka Blvd, landscaping, and
repair/cleaning of public streets and utilities.
16. Hours of operation for all grading and construction activities, including the construction of
the new homes, shall be limited to 9am to 6pm Monday through Saturday. No grading or
construction activities are to occur on Sunday.
17. The applicant shall pay an administrative fine of $750 per violation of any condition of this
approval.
18. 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.
19. The Mayor and City Manager are hereby authorized to execute all contracts required herein,
and the City Clerk is hereby directed to execute the certificate of approval on behalf of the
City Council upon the said plat when all of the conditions set forth in Paragraph No. 1
above and the St. Louis Park Ordinance Code have been fulfilled.
20. Such execution of the certificate upon said plat by the City Clerk, as required under Section
26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper
compliance therewith by the subdivider and City officials charged with duties above
described and shall entitle such plat to be placed on record forthwith without further
formality.
Meeting of May 19, 2008 (Item No. 8b) Page 17
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
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 May 19, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 19, 2008 (Item No. 8b) Page 18
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
D R A F T
RESOLUTION NO. 08-_____
RESOLUTION GIVING APPROVAL FOR VARIANCES
FROM THE ZONING ORDINANCE FOR
REDUCED SIDE YARD SETBACKS AT LOT 3, BLOCK 1
WESTLING ESTATES
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Westling Trust and Golden Valley Land Company, owners of the land platted as
Westling Estates submitted an application for approval of variances to permit a 3.2 foot side yard for
the existing house and a 9.5 foot side yard for the existing house for property located in the R-1
Single Family Residential District in Hennepin County, Minnesota, described to-wit:
Lot 3, Block 1, Westling Estates
2. On May 7, 2008, the Planning Commission recommended approval (5-1 vote) of
the Westling Estates final plat with conditions. At that same meeting, the Commission also
conducted a public hearing for the side yard variances and recommended approval (5-1 vote) of
variances:
3. Based on the testimony, evidence presented, and files and records, the City Council
makes the following findings:
a. There are special circumstances affecting the property such that the strict application of the
provisions of the Zoning Ordinance would deprive the applicant/owner of the reasonable
use of the land. The variances are required to preserve the existing house which has
historical significance.
b. The granting of the variances will not be detrimental to the public health, safety, and
welfare or injurious to other property in the territory in which the property is situated.
The granting of the variances will enable the existing house to be preserved. The house
was constructed in 1874, and is therefore historically significant to St. Louis Park.
c. The variance is not contrary to the intent of the Comprehensive Plan.
Meeting of May 19, 2008 (Item No. 8b) Page 19
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Conclusion
The applicant’s request for a variance from Section 36-163(f)(5) and (7) to allow a 3.2 foot side yard
for the existing house and a 9.5 foot side yard for the existing house for property located in the R-1
Single Family Residential District, at Lot 3, Block 1 Westling Estates is hereby approved based on
the findings set forth above, and subject to the following conditions:
1. Both variances are approved for the existing house only. An addition may not be
constructed that brings any portion of the house closer to the west property line than the
house is at the time the variances were approved, as illustrated in the attached Exhibit A -
Site Plan.
2. The house may be maintained, and portions may be rebuilt, however, up to 50% of the
structure existing at the time of this variance approval must remain.
3. The variances will become null and void if more than 50% of the house is removed or
damaged. If more than 50% of the house is damaged or removed then the house must
conform to all zoning regulations
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 May 19, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 19, 2008 (Item No. 8b) Page 20
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
D R A F T
RESOLUTION NO. 08-_____
RESOLUTION GIVING APPROVAL FOR VARIANCES
FROM THE ZONING ORDINANCE FOR
INCREASED GROUND FLOOR AREA AND
HEIGHT FOR AN ACCESSORY BUILDING AT
LOT 4, BLOCK 1 WESTLING ESTATES
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Westling Trust and Golden Valley Land Company, owners of the land platted as
Westling Estates submitted an application for approval of variances to permit an accessory building
to be 365 square feet more than the allowed 800 square foot maximum, and to allow the same
accessory building to be 1.5 feet taller than the maximum allowed height of 24 feet for the existing
barn for property located in the R-1 Single Family Residential District in Hennepin County,
Minnesota, described to-wit:
Lot 4, Block 1, Westling Estates
2. On May 7, 2008, the Planning Commission recommended approval (5-1
vote) of the Westling Estates final plat with conditions. At that same meeting, the
Commission also conducted a public hearing for the accessory building ground floor area
and height variances and recommended approval (5-1 vote) of variances:
3. Based on the testimony, evidence presented, and files and records, the City
Council makes the following findings:
a. There are special circumstances affecting the property such that the strict application of the
provisions of the Zoning Ordinance would deprive the applicant/owner of the reasonable
use of the land. The variances are required to preserve the existing barn which has
historical significance.
b. The granting of the variances will not be detrimental to the public health, safety, and
welfare or injurious to other property in the territory in which the property is situated.
The granting of the variances will enable the existing barn to be preserved. The barn is the
last remaining barn in St. Louis Park.
c. The variance is not contrary to the intent of the Comprehensive Plan.
Meeting of May 19, 2008 (Item No. 8b) Page 21
Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard
Conclusion
The applicant’s request for a variance from Section 36-162(d)(2) and (3) to allow an accessory
building to be 365 square feet more than the allowed 800 square foot maximum, and to allow the
same accessory building to be 1.5 feet taller than the maximum allowed height of 24 for property
located in the R-1 Single Family Residential District, at Lot 4, Block 1 Westling Estates is hereby
approved based on the findings set forth above, and subject to the following conditions:
1. Both variances are approved for the existing barn in its location, size and dimensions existing
at the time of approval of the variances. The barn may not be relocated or added on to. The
barn may be maintained, or rebuilt, however, up to 50% of the structure existing at the time
of this variance approval must remain.
2. The variances will become null and void if more than 50% of the barn is removed or
damaged. If more than 50% of the barn is damaged or removed then the barn/accessory
building must conform to all zoning regulations
3. The barn cannot be used as part of a home occupation or dwelling unit.
4. Both variances will become null and void, and the barn must be removed if a house is not
constructed on the above referenced property within one year of approval of the variances.
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 May 19, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 19, 2008 (Item No. 8b)
Subject: Westling Estate Final Plat & Variances Page 22
Meeting of May 19, 2008 (Item No. 8b)
Subject: Westling Estate Final Plat & Variances Page 23
Meeting of May 19, 2008 (Item No. 8b)
Subject: Westling Estate Final Plat & Variances Page 24
Meeting of May 19, 2008 (Item No. 8b)
Subject: Westling Estate Final Plat & Variances Page 25
Meeting of May 19, 2008 (Item No. 8b)
Subject: Westling Estate Final Plat & Variances Page 26
Meeting Date: May 19, 2008
Agenda Item #: 8c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other: Communication
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Hoigaard Village – Park Area and Art.
RECOMMENDED ACTION:
None – No action required.
POLICY CONSIDERATION:
None – This is an information item only.
BACKGROUND:
The developer of Hoigaard Village, Frank Dunbar, and two representatives from Urban Works
Architecture, Noah Bly and Paul Olson, will attend the Council meeting to present the design for
the park area adjacent to the Hoigaard Village pond. A sculpture is proposed for installation in the
park, and will be displayed as well.
FINANCIAL OR BUDGET CONSIDERATION:
The proposed park area within Hoigaard Village will be constructed and maintained by the
developer and the associations related to the new buildings on the site.
VISION CONSIDERATION:
The proposed park area will increase access for new residents to green space for recreation and leisure
activities. It also incorporates an art element, bringing art more directly into the community within
a high density residential development. The art, like the park, will be accessible to the public.
Attachments: Graphic – Potential Art Installation
Site Plan – Hoigaard Village Pond and Park area
Prepared by: Adam Fulton, Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke. Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of May 19, 2008 (Item No. 8c)
Subject: Hoigaard Village - Park Area and Art Page 2
Meeting of May 19, 2008 (Item No. 8c)
Subject: Hoigaard Village - Park Area and Art Page 3