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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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 2Page -Council Check Summary 05/19/2008 -04/26/2008 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 3Page -Council Check Summary 05/19/2008 -04/26/2008 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 12Page -Council Check Summary 05/19/2008 -04/26/2008 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 Meeting of May 19, 2008 (Item No. 4j) Subject: Vendor Claims Page 16 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 16Page -Council Check Summary 05/19/2008 -04/26/2008 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 17Page -Council Check Summary 05/19/2008 -04/26/2008 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 18Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 19Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 20Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 21Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 22Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 24Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 25Page -Council Check Summary 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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 05/14/2008CITY OF ST LOUIS PARK 14:02:47R55CKSUM LOG23000VO 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) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 16 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 17 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 18 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 19 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 20 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 21 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 22 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 23 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 24 Meeting of May 19, 2008 (Item No. 8a) Subject: Walgreens CUP & Variance 7200 Cedar Lake Road Page 25 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 Meeting of May 19, 2008 (Item No. 8b) Page 11 Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard Meeting of May 19, 2008 (Item No. 8b) Page 12 Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard Meeting of May 19, 2008 (Item No. 8b) Page 13 Subject: Westling Estates Final Plat and Variance (formerly Isabelle Estates) - 8550 Minnetonka Boulevard Meeting of May 19, 2008 (Item No. 8b) Page 14 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