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HomeMy WebLinkAbout2008/09/15 - ADMIN - Agenda Packets - City Council - RegularAGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS 7:30 P.M. SEPTEMBER 15, 2008 Mayor Jacobs Absent 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Minnesota Recreation and Park Association - Recycling in the Parks Program Award 2b. 2008 Evergreen Awards 2c. Minnesota Recreation and Park Association Rink Rat Hockey Program Award 2d. Retirement Recognition for Lieutenant Dale Antonson 3. Approval of Minutes 3a City Council Closed Executive Session Minutes September 2, 2008 3b. City Council Minutes September 2, 2008 3c. City Council Special Study Session Minutes September 2, 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 September 15, 2008 City Council Agenda 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amendments Relating to Dogs Recommended Action: Motion to Adopt First Reading of Ordinance amending Sections 4-81 through 4-89 concerning dogs and set second reading for October 6, 2008. 8b. Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Recommended Action: Motion to Adopt Resolution approving a Final Plat with easement variances and Final Planned Unit Development (PUD) approval for a five story mixed use building with commercial uses on the ground floor and senior residential on the upper floors with conditions as recommended by the Planning Commission and Staff. 8c. Comprehensive Plan Map Amendment – Al’s Bar Redevelopment 3408, 3412 France Avenue; 3409, 3413, 3417 Glenhurst Avenue Case No.: 08-27-CP Recommended Action: The Planning Commission and staff recommend approval of the Comprehensive Plan Amendment from RM – Medium Density Residential to CMX – Commercial Mixed Use for the properties located at 3408 and 3412 France Avenue and 3409, 3413 and 3417 Glenhurst Avenue, based on the findings in the staff report and resolution. 8d. I-394 MnPASS Phase II Planning Study Recommended Action: MnDOT staff will be in attendance to present and discuss the I-394 MnPASS Phase II Planning Study with the City Council. 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. 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 of September 15, 2008 City Council Agenda 4. CONSENT CALENDAR 4a. Adopt Resolution to recognize Dale Antonson’s retirement after 21 years of service to the City of St. Louis Park 4b. Adopt Resolution requesting the Metropolitan Council to provide additional time to complete the Comprehensive Plan Decennial Review 4c. Authorize staff to issue a Request for Bid to replace existing City building telephone system 4d. Approve Contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through St. Louis Park for 2008-2009 winter season 4e. Designate G.L. Contracting Inc. as the lowest responsible bidder of the earthwork portion and authorize execution of a contract with the firm in the amount of $131,090.04 and designate DMJ Corporation as the lowest responsible bidder of the paving aspect and authorize execution of a contract with the firm in the amount of $251,307.44 for the Fern Hill Park project 4f. Designate G.L. Contracting Inc. as the lowest responsible bidder for the construction of Tennis Courts at Bass Lake, and authorize execution of a contract with the firm in the amount of $128,223.30 4g. Approve Change Order No. 1 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500 4h. Adopt Resolution authorizing a Hennepin County Grant Agreement to fund the City’s curbside recycling program 4i. Adopt Resolution establishing a special assessment for the repair of the water and sewer service line at 3217 Florida Avenue South 4j. Accept Donation from American Legion Post 282 in the amount of $500 for use at Westwood Nature Center 4k. Adopt Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 4838-4850 35th Street, St. Louis Park, MN 4l. Adopt Resolution approving designation of nonconservation land shown on Classification List “1442 C/NC” by Board of County Commissioners of Hennepin County for the property at 3308 Xenwood 4m. Adopt Resolution accepting Minnesota Department of Natural Resources Federal Recreational Trail Grant 4n. Approve for Filing Vendor Claims 4o. Approve for Filing Human Rights Commission Minutes April 15, 2008 4p. Approve for Filing Human Rights Commission Minutes May 20, 2008 4q. Approve for Filing Police Advisory Commission Minutes September 3, 2008 4r. Approve for Filing Planning Commission Minutes August 6, 2008 4s. Approve for Filing Housing Authority Minutes July 16, 2008 Meeting Date: September 15, 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: Award Presentation from the Minnesota Recreation and Park Association - Recycling in the Parks Program RECOMMENDED ACTION: No action required. Donna Tilsner, Minnesota Recreation and Park Association Committee member will be in attendance to present an Award of Excellence to the City Council and Parks and Recreation Department for the Recycling in the Parks Program. POLICY CONSIDERATION: Not applicable. BACKGROUND: The St. Louis Park Parks and Recreation Department is receiving an Award of Excellence from Minnesota Recreation and Park Association for the Recycling in the Park program. The City of St. Louis Park prides itself on being green and environmentally friendly. Recycling in the parks had been attempted in the past but was unsuccessful due to high amounts of contamination (garbage). In 2006, the city solicited and was awarded a $20,000 grant from Hennepin County to initiate a successful recycling program in the parks. The grant was used to determine the best containers to successfully collect recycling and reduce the amount of garbage collected in our parks. The grant project, implemented in early spring of 2006, tested contamination levels found in four different recycling containers with different colors, shapes and tops. Some containers looked similar to our green, 96-gallon plastic garbage carts with flip top lids, while others looked starkly different being yellow metal 55-gallon drums with a lid attached and a small hole the size of a typical beverage container. The containers were placed next to the standard garbage containers in 12 selected parks. An educational campaign to promote this recycling program consisted of letters to the youth associations (i.e. Little League), information in the city-wide newsletter and website, and the attachment of recycling stickers to the containers. Three recycling sorts were performed to calculate the amount of contamination, the type of items that were recycled (i.e. cans, glass, plastic), and the amount of each type of recycled material. These sorts were performed in June, July and September. Meeting of September 15, 2008 (Item No. 2a) Page 2 Subject: Recycling in the Parks Grant Using our findings, we implemented a comprehensive parks recycling program in 2007. The City of St. Louis Park used 96-gallon green carts with green lids for garbage and 55-gallon yellow drums with flat lids, which included a hole, for recycling. There are 43 recycling drums in 17 parks. The parks selected are based on high use, such as large picnics, organized athletic programs or other similar features and uses. We are proud to say this program is a success. In 2006, 1.74 tons of material was recycled. In 2007, the amount of recycled material from our parks doubled to 3.4 tons. We will annually review and analyze our results to maximize recycling and minimize garbage and contamination. The annual tonnage results and weekly visual monitoring of containers serve as our review and evaluation. FINANCIAL OR BUDGET CONSIDERATION: The total cost of the 2006 project was $35,000. Hennepin County awarded the City $20,000 of that cost and $15,000 was supplied by the Park Maintenance budget. Ninety percent of the project cost was to purchase new garbage containers and experimental recycling containers. In 2007, the cost of the parks recycling program was $1,500. The city paid Waste Management to recycle the material. VISION CONSIDERATION: This activity is compatible with the City’s strategic direction of being a leader in environmental stewardship. The community embraced the parks recycling program, with all of the athletic associations leading the effort. There are over 20 organized neighborhoods in St. Louis Park who were strong supporters. The support from the community for recycling in our parks was outstanding as is indicated with the amount of tonnage recycled doubling in one year. Attachments: None Prepared by: Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 15, 2008 Agenda Item #: 2b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2008 Evergreen Awards. RECOMMENDED ACTION: The Mayor is requested to present the 2008 Evergreen Awards to the following recipients: • Jodi Johnston at 3156 Idaho Avenue South • Barbara Bindgen and Tom Johnson at 4107 West 40th Lane POLICY CONSIDERATION: Not applicable BACKGROUND: The Evergreen Award is presented each year in recognition of properties that are uniquely designed, landscaped and well maintained with an emphasis on landscaping that is visible to the passerby. Businesses, apartments and houses are all eligible to receive the award. The judges selecting the Evergreen Award recipients are comprised of Parks and Recreation Advisory Commission members, past Evergreen Award winners, volunteers and staff who have a keen interest in flowers, plants, landscaping and landscape design. There were five judges inspecting this year’s nominations. There were seven nominations this year spread throughout the City. Winners are presented with an award certificate and a Dwarf Alberta Spruce tree. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Well maintained landscaping enhances the beauty of St. Louis Park. This program is consistent with the one of the Council’s Strategic Directions of “….promoting aesthetics…” in the community. Attachments: None Prepared by: Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 15, 2008 Agenda Item #: 2c 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: Minnesota Recreation and Park Association Rink Rat Hockey Program Award. RECOMMENDED ACTION: No action required. Donna Tilsner, Minnesota Recreation and Park Association (MRPA) Award Committee Member, will be in attendance to present an Award of Excellence to the City Council and the Parks and Recreation Department for the Rink Rat Hockey Program. POLICY CONSIDERATION: Not applicable. BACKGROUND: The St. Louis Park Parks and Recreation Department will be receiving an Excellence in Programming Award from MRPA for the Rink Rat Hockey program. The program was run in conjunction with the cities of New Hope, Golden Valley, Robbinsdale, Plymouth, and Crystal. We had 17 kids sign up to play in this non-competitive league The Rink Rat Hockey program has been established as an opportunity for youth to play outdoor recreational hockey in a minimally structured environment. The communities involved have committed to offer this opportunity as a low cost, educational, positive, and family schedule friendly program. In an environment designed to promote year round active lifestyles for youth, all are invited to participate regardless of ability, experience, economics or gender. Some of these kids may decide they like the game of hockey and choose to play for the association in the upcoming years. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. Attachments: None Prepared by: Rick Birno, Recreation Superintendent Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 15, 2008 Agenda Item #: 2d 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: Retirement Recognition for Lieutenant Dale Antonson RECOMMENDED ACTION: The Mayor is asked to read the resolution and present a plaque to Fire Lieutenant Dale Antonson for 21 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None. BACKGROUND: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager, and City Council. Dale will be in attendance for the presentation at the beginning of the meeting. The Mayor is asked to read the resolution and present Dale with a plaque in recognition of his years of service to the City. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 2d) Page 2 Subject: Retirement Recognition for Lieutenant Dale Antonson RESOLUTION NO. 08-___ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO DALE ANTONSON WHEREAS, Dale Antonson began his employment with the City of St. Louis Park over 21 years ago on January 4, 1987; and WHEREAS, Dale has been a member of Local 993 for over 20 years, holding the positions of President and Secretary; and WHEREAS, Dale has worked to make sure new firefighters are properly indoctrinated into the City and the Fire Department, is an award winning arson photographer, understands the importance of fire prevention to the Fire Department and the public; and WHEREAS, Dale is a master gardener, and he loves to work in gardens and do landscape to beautify peoples’ homes; and WHEREAS, Dale has been recognized for his service to the community through numerous letters of appreciation and thanks from those he served; and WHEREAS, Dale will spend his retirement with his wife Lyndra, spending time gardening, traveling in Wolfy (his VW micro bus) and enjoying the great outdoors; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Fire Lieutenant Dale Antonson for his great contributions and 21 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 2008 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL CLOSED EXECUTIVE SESSION SEPTEMBER 2, 2008 1. Roll Call Mayor Jacobs called the meeting to order at 6:15 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phillip Finkelstein, Paul Omodt, Loran Paprocki and Sue Sanger,. Councilmembers absent: C. Paul Carver (Mr. Carver was participating via phone). Staff present: City Manager (Mr. Harmening), Human Resource Director/Deputy City Manager (Ms. Gohman), Parks & Recreation Director (Ms. Walsh). Others present: City Attorney (Mr. Scott) and League of MN Cities Attorney (Mr. Zipf). 2. Nicolas Slade Litigation/Pending Mediation Settlement League of Minnesota Cities Attorney Mr. Zipf discussed the litigation and pending mediation settlement with Nicolas Slade in a Closed Executive Session. 3. ARINC Litigation City Attorney Mr. Scott provided an update regarding the ongoing litigation with ARINC in a Closed Executive Session. 4. Adjournment The meeting adjourned at 7:20 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: September 15, 2008 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 2, 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, Loran Paprocki and Susan Sanger. Councilmembers absent: C. Paul Carver Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Finance Director (Mr. DeJong), Director of Parks and Recreation (Ms. Walsh), Assistant Finance Director (Mr. Swanson) and Recording Secretary (Ms. Schmidt). 2. Presentations – None 3. Approval of Minutes 3a. City Council Study Session Minutes August 11, 2008 It was noted on page four, item #4 the fifth paragraph, second sentence should state: “… going to majority events, the programs are not effective.” It was noted on page four, item #4, the last paragraph, last sentence should state: “She questioned if the language interpreter line gets much use.” 3b. City Council Special Study Session Minutes August 18, 2008 The minutes were approved as presented. 3c. City Council Minutes August 18, 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. Meeting of September 15, 2008 (Item No. 3b) Page 2 Subject: City Council Minutes September 2, 2008 4a. Approve a Brewpub Off-Sale Malt Liquor License for Granite City Food and Brewery located at 5500 Excelsior Boulevard for the license term through March 1, 2009. 4b. Authorize execution of a contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon in the amount of $125,500.00. 4c. Adopt Resolution No. 08-108 Requesting Funding from the Minnesota Department of Transportation through the Municipal Agreement Program for Street Project - Highway 7 and Wooddale Avenue Intersection, Project No. 2004-1700. 4d. Approve Out-of-State Travel for Mayor Jeff Jacobs, September 22-23, 2008. 4e. Adopt Resolution No. 08-109 Approving the Naming of the Baseball Field at Elie/Tower Park. 4f. Approve Six Month Extension for filing of Final Plat titled “Hilton Homewood Suites”. 4g. Approve Change Order No. 1 to Contract 40-08 - 2008 Local Street Improvement Project – City Project No. 2007-1000 and 2008-1600. 4h. Adopt Resolution No. 08-110 authorizing the installation of “No Parking” restrictions on the western cul-de-sac of Cavell Avenue South. 4i. Approve Change Order No. 1 to Contract 88-08 - 2008 Sealcoat Project – City Project No. 2008-0001. 4j. Approve for Filing Police Advisory Commission Minutes July 9, 2008. 4k. Approve for Filing Vendor Claims. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. 2009 Preliminary Budget and Tax Levy Mr. DeJong presented the staff report. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to adopt Resolution Nos. 08-106 and 08-107 approving proposed 2009 Tax Levy, approving preliminary budget for 2009 and setting public hearing date for proposed budget and property tax levy and authorizing the HRA Levy for 2009. The motion passed 6-0. Meeting of September 15, 2008 (Item No. 3b) Page 3 Subject: City Council Minutes September 2, 2008 Councilmember Finkelstein asked if staff would still be working with the numbers. Mr. Swanson stated it is the uppermost number, stating they can work to make it lower, but it would not be any higher than the approved amount. Mayor Jacobs reminded everyone that it’s generally set at that rate and through the course of working through the budget, the number can decrease. 9. Communications Mayor Jacobs thanked the public and Council for being on hand at the schools to welcome the kids back to school on the first day. Councilmember Finkelstein noted that Jerry Timian was missed this year for his usual participation in the event. Councilmember Sanger reminded everyone that Tuesday, September 9th is the Primary Election and for everyone to get out and vote. She also noted that the Lennox Senior Federation is sponsoring an Intergenerational Bowling Tournament Sunday, September 7th from 4 – 6:30 p.m. at Park Tavern. Mayor Jacobs reminded everyone of the Belgian Waffle Dinner at Lennox on Friday, September 26th from 4:30 – 7:00 p.m. 10. Adjournment The meeting adjourned at 7:40 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: September 15, 2008 Agenda Item #: 3c UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 2, 2008 The meeting convened at 7:40 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Director of Parks and Recreation (Ms. Walsh), Human Resources Drector/Deputy City Manager (Ms. Gohman), Park Superintendent (Mr. Beane), Recreation Supervisor (Mr. Birno) and Recording Secretary (Ms. Schmidt). Guest: None 1. Vision Strategic Directions Update – Preserving, Enhancing and Providing Good Stewardship of our Parks Ms. Gohman introduced the Council item and Mr. Beane. Mr. Beane provided an overview of the report, which included staff’s recommendation to create an Internal Guide and have the Parks and Recreation Advisory Commission (PRAC) review and prioritize the items. Mr. Harmening clarified that once PRAC prioritized their ideas on this Vision area, they would report back to Council. Mayor Jacobs stated he would like to encourage prairie grass plantings, which would be an environmental and cost savings. Councilmember Sanger felt the list was a good starting point and complimented staff for their hard work. Councilmember Paprocki, Councilmember Omodt and Councilmember Finkelstein felt the report was well done and recommended staff continue to move ahead. Councilmember Omodt suggested the City consider subsidizing private tree planting to make it easier for people and to also keep graffiti concerns in mind. Mr. Beane informed Council that we currently recycle in the parks. Councilmember Finkelstein indicated he wants us to do more. Meeting of September 15, 2008 (Item No. 3c) Page 2 Subject: City Council Special Study Session Minutes September 2, 2008 Councilmember Sanger suggested expanding the Commission to include people who have expertise in environmental practices or when vacancies occur to look for candidates with this type of experience. Mr. Beane updated Council on the Emerald Ash Borer. The consensus was to have PRAC review the list of priorities and report back to Council. 2. Vision Strategic Directions Update – Exploring Creation of a Multi-Use Civic Center, including indoor/winter use Mr. Birno presented the staff report. Ms. Walsh stated staff would like a numbers survey to gather ideas on what the public wants to see. Currently the top three are an indoor unstructured active recreation space; a healthy lifestyle – low impact programming space; and an artist space (education, display and performance). Mayor Jacobs stated he would like to see a community safe place hangout place for kids and multigenerational usage. Councilmember Basill agreed with staff’s recommendations and felt it was a great vision. Councilmember Paprocki suggested looking at what summer activities are underutilized in the winter months and try to accommodate those. Councilmember Sanger stated that indoor space is critical and suggested creating a partnership with the health clubs in town to make their usage more economical and feasible for the public to use. She also suggested making the needs decision first and then look at location within the City. Councilmember Finkelstein stated concern with the cost and annual maintenance. Mr. Birno stated affordability was brought up in the public input process and staff would be looking into it. Mr. Harmening stated that the strength of community is partnerships in community, further stating it would be logical to partner with existing fitness centers. Councilmember Sanger also stated concern with activity transportation. Mr. Birno stated it is staff’s goal to eliminate the barriers. It was the consensus of Council to follow the current strategic direction. Meeting of September 15, 2008 (Item No. 3c) Page 3 Subject: City Council Special Study Session Minutes September 2, 2008 3. Communication Mr. Harmening mentioned that Eden Prairie PD had requested a Mutual Aid Alliance with a possible protect that may occur at Tech System, stating six off duty officers would be available to help out. Mr. Harmening stated that Hamline University would be moving into the 1600 building. Mr. Harmening advised Council that Char Rohlik from the Public Works Department would be traveling to Washington DC with WWII veterans on an Honor Flight next week and suggested Council send Vmail to the soldiers on that flight. The meeting adjourned at 8:30 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: September 15, 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: Retirement Resolution for Lieutenant Dale Antonson. RECOMMENDED ACTION: Motion to adopt Resolution to recognize Dale Antonson’s retirement after 21 years of service to the City of St. Louis Park POLICY CONSIDERATION: None. BACKGROUND: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager, and City Council. This consent item will officially adopt the resolution that honors Dale Antonson for his years of service. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4a) Page 2 Subject: Retirement Resolution for Lieutenant Dale Antonson RESOLUTION NO. 08-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO DALE ANTONSON WHEREAS, Dale Antonson began his employment with the City of St. Louis Park over 21 years ago on January 4, 1987; and WHEREAS, Dale has been a member of Local 993 for over 20 years, holding the positions of President and Secretary; and WHEREAS, Dale has worked to make sure new firefighters are properly indoctrinated into the City and the Fire Department, is an award winning arson photographer, understands the importance of fire prevention to the Fire Department and the public; and WHEREAS, Dale is a master gardener, and he loves to work in gardens and do landscape to beautify peoples’ homes; and WHEREAS, Dale has been recognized for his service to the community through numerous letters of appreciation and thanks from those he served; and WHEREAS, Dale will spend his retirement with his wife Lyndra, spending time gardening, traveling in Wolfy (his VW micro bus) and enjoying the great outdoors; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Fire Lieutenant Dale Antonson for his great contributions and 21 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: 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: Request for Comprehensive Plan Time Extension. RECOMMENDED ACTION: Motion to adopt Resolution requesting the Metropolitan Council to provide additional time to complete the Comprehensive Plan Decennial Review. POLICY CONSIDERATION: Not applicable. BACKGROUND: Communities in the Twin Cities area are required to update their Comprehensive Plans at least every 10 years. The date for submittal is December 31, 2008; however another portion of the law requires a 6-month period of review for surrounding communities and other affected government agencies. This, along with staff workload, is why this time extension is requested. Our plan has been continuously updated over the past 10 years and is a fairly up-to-date plan. We are working on updating several of the required Metropolitan Council aspects of the plan, (such as sewer, water, storm sewer, parks, transportation and land use) as well as incorporating our Vision, revising the format and vastly improving the maps. We expect to have a draft plan for Planning Commission and City Council review in December, after which we can begin a public review and send the map to surrounding communities, other jurisdictions, and the Metropolitan Council for review. FINANCIAL OR BUDGET CONSIDERATION: Some policy issues related to future plans and construction projects will require further discussion. VISION CONSIDERATION: The Vision will set the stage for the direction of our Comprehensive Plan. All of the Vision elements will be incorporated throughout the plan. In this way, we build each Vision element into our goals, policies and action plans to be implemented on a daily and weekly basis. Attachments: Resolution Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (ItemNo. 4b) Page 2 Subject: Request for Comprehensive Plan Time Extension RESOLUTION NO. 08-____ RESOLUTION REQUESTING ADDITIONAL TIME TO COMPLETE COMPREHENSIVE PLAN “DECENNIAL” REVIEW WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their “decennial” reviews by December 31, 2008; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the “decennial” review and amendments; and WHEREAS, any extensions granted by the Metropolitan Council must include a timetable and plan for completing the review and amendment; and WHEREAS, the City will not be able to complete its “decennial” review by December 31, 2008, for the following reasons: staff workloads, several topical and area plans in progress. WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to complete and submit to the Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and official controls. NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park, as follows: 1. The City Manager is directed to submit to the Metropolitan Council no later than November 1, 2008, an application requesting an extension to May 29, 2009. 2. The City Manager must include with the request a reasonably detailed timetable and plan for completing: (a) the review and amendment by May 29, 2009; and (b) the review and amendment of the City’s fiscal devices and official controls. Reviewed for Administration Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 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: Authorization to Issue Request for Bid – City Building Telephone Replacement. RECOMMENDED ACTION: Motion to authorize staff to issue a Request for Bid to replace the existing City building telephone system. POLICY CONSIDERATION: Does the City Council wish to continue with this initiative? BACKGROUND: At its July 21 meeting, Council received an update on plans to replace the existing PBX-based Nortel phone system, which serves most major City buildings including City Hall, Police Station, Fire Stations, MSC, Utilities, Recreation Center, and Nature Center. The Nortel telephone system was installed in the mid-1980’s and has been upgraded several times in the intervening 20+ years. The Nortel system has served the City well and been quite reliable. However, the phone system is aging from a maintenance perspective and lacking features constituents increasingly expect. Reasons for replacement were detailed in the July 21 report. Elert & Associates was selected as the consultant to assist the City in defining needs, preparing a Request for Bid, and assisting with system implementation. One of the steps in defining needs is to meet with various employee groups to solicit input on needs and features. More important, Elert learned more about current business practices in phone use. That process was completed in August. We also met with the City Council on August 11 and with the Telecommunications Advisory Commission on August 13 to gain perspective on phone system needs with those external to City Hall - those who call into the system. We received some excellent input from both groups. In addition, a brief web survey is being conducted during the month of September to provide an opportunity for input from anyone else interested. DISCUSSION: Clearly, much work has been done collecting information about our existing infrastructure, phone use, and needs. The project has now reached the stage of issuing a Request for Bid (RFB). This RFB takes into account the feedback received, feature options requested, the business processes in various departments and for the City as a whole, needs, and cost. Feature options ultimately included will result in part from new technology that has new features built in as standard. More important, however, true value of new features is driven from how the City’s businesses processes can be enhanced through the commitment to use of new features. Not all new features apply. Choices and trade-offs will be necessary. It is anticipated that bids will be received over the next few weeks, then Meeting of September 15, 2008 (Item No. 4c) Page 2 Subject: Authorization to Issue Request for Bid – City Building Telephone Replacement vetted in the context of RFB specifications and feature alternates. Final recommendations are based on the RFB specifications and feature alternates. Elert & Associates continues to support staff throughout these phases. Staff currently plans to return to Council with results and recommendations from the RFB process in November. FINANCIAL OR BUDGET CONSIDERATION: This CIP project has a total overall budget of $300,000 for 2008. The RFB to be issued requests that vendors provide the City options for installation of a base telephone system, and alternates to provide various features beyond the base system. Current estimates range from $220,000 to $270,000 for the phone system itself, depending on features and phone models actually selected and current market pricing. This allows staff and Council to consider pricing differences for each significant feature, and the potential value of that feature now or as an add-on in the future. This is consistent with feedback received from the City Council that staff first seeks a solid and reliable replacement telephone system, and recommends adding only those features that provide true and projectable value to serving constituents. Approximately $100,000 in network upgrades is also projected. While these upgrades are necessary to support the new telephone system, these network upgrades ultimately support data, video, and radio traffic much more than voice traffic. As a result, these upgrades would be funded as part of planned (and now accelerated) network capital investments. The existing telephone system and much of the replaced network equipment would be traded in for credit as part of the project. Different vendors take different approaches to both what they include in their basic systems and how they price them. Having said that, the RFB is structured to encourage consistency in responses to the degree possible. The Technology Replacement Fund is the source of funding for this project. Although scheduled in 2008, it is clear that the project will not be completed until 2009. POTENTIAL CITY – SCHOOL DISTRICT COLLABORATION: The City Council has requested staff to continue to consider ways in which the City and St. Louis Park Schools can collaborate to enhance joint effectiveness and efficiency in investment of taxpayer dollars. Thus, it is worth noting that the St. Louis Park School District is also considering replacement of its existing telephone system and awaits results of the November referendum and potential funding. Staff discussions are occurring among City, Schools, and consultant staff to determine whether any synergies or economies of scale exist should the City and Schools collaborate in some form on acquisition of replacement telephone systems. There is much to consider in a collaborative process of this complexity. However, if there are overall synergies and economies of scale to collaborating, this would be the most responsible action for staff to recommend. Please note that these conversations in no way suggest that the School District is assuming the referendum will pass. One way to determine whether any collaboration benefits exist is to test the market by requesting bids from vendors with alternates that include replacement of the City telephone only, the Schools telephone system only, and the City and Schools telephone systems combined. The City and Schools can choose to reject any and all bids, whether based on referendum funding results or the bids themselves. These alternates are included in the RFB, provide maximum flexibility for the City and Meeting of September 15, 2008 (Item No. 4c) Page 3 Subject: Authorization to Issue Request for Bid – City Building Telephone Replacement Schools, and make any financial commitments by the City or Schools at their discretion. Again, as note above, this approach in no way assumes any particular result from the Schools referendum process. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting Date: September 15, 2008 Agenda Item #: 4d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: Contract EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Winter Trails Activity Permit with Three Rivers Park District (plowing of regional park trails). RECOMMENDED ACTION: Motion to approve a contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2008-2009 winter season. POLICY CONSIDERATION: Does the City Council wish to continue this contract relationship with Three Rivers Park District? BACKGROUND: The Southwest LRT and the Cedar Lake Extension trails are owned and maintained by Three Rivers Park District. However, Three Rivers Park District does not clear or remove snow from their trails during the winter. They will allow cities to plow snow from their trails under the terms of a contract. The City of St. Louis Park has cleared and removed snow from the regional trails since 2000. This service is appreciated by many of our residents who use the trails all year. As a part of the snow removal policy, staff recommends the City of St. Louis Park continue to clear the regional trails through our city since Three Rivers Park District does not. Approving this contract would allow us to do so for the winter of 2008-2009. Clearing or removing snow from the LRT trail would be done in much the same manner and priority as previous years. The trails would be cleared as a part of the Public Works snow removal policy. Clearing the Cedar Lake Extension is a bit more difficult. There are some areas where the trail is 10 feet wide with only a 12-foot wide easement. If there are times when the City gets several inches of snow at one time, it may be difficult for maintenance staff to remove the snow since there is no room to store it and no way to access the trail to remove it. Staff will keep the City Manager and City Council informed if the snow accumulations are significant and maintenance staff are not able to remove the snow. The contract with Three Rivers Park District states that the City must repair any damage to the trail while plowing snow. Staff will take precautions to prevent damage in our snow removal process. FINANCIAL OR BUDGET CONSIDERATION: The resources necessary to undertake this activity are included in the operating budget. There are no additional expenses expected that are different from the previous years when we have plowed these trails. Meeting of September 15, 2008 (Item No. 4d) Page 2 Subject: Winter Trails Activity Permit with Three Rivers Park District VISION CONSIDERATION: This activity is consistent with the Strategic Direction of being a “connected and engaged community”. This service is appreciated by many of our residents who use the trails all year. Attachments: Contract (on file with the City Clerk) Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 15, 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: Fern Hill Park Redevelopment Project – Project No. 20080070. RECOMMENDED ACTION: Motion to designate G.L. Contracting Inc. as the lowest responsible bidder of the earthwork portion of the Fern Hill Park project and authorize execution of a contract with the firm in the amount of $131,090.04. Motion to designate DMJ Corporation as the lowest responsible bidder of the paving aspect of the Fern Hill Park Development project, and authorize execution of a contract with the firm in the amount of $251,307.44. POLICY CONSIDERATION: Not applicable. BACKGROUND: Bid Information: Bids were received on September 8, 2008 for the 2008 Fern Hill Park Redevelopment Project. The project involves construction of 1 tennis court, a ½ court basketball court, a perimeter trail around the park, repaving of the parking lot, regrading of turf, adding irrigation to the park area, creating a multi use ball field and a open space useable for soccer and other sports, A total of ten (10) bids were received for the project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on Aug. 28 and Sept. 4, 2008 and in the Construction Bulletin on Aug. 25 and Sept. 1, 2008. A summary of the bid results is as follows: CONTRACTOR Earthwork Bid Amount Paving Bid Amount G. L. Contracting Inc. $131,090.04 No bid Sunram Construction Inc. $142,903.28 No bid DMJ Corporation $150,919.00 $251,307.44 Quiring Excavating, LLC $154,333.75 No bid Northwest Asphalt, Inc $201,262.85 $252,118.65* Midwest Asphalt Corporation No bid $260,422.80 Bituminous Roadways, Inc. No bid $263,671.60 Veit & Company, Inc. $172,680.50 $273,807.10 Hardrives, Inc. No bid $339,010.70 Friedges Contracting Co., LLC $354,197.62 $256,834.70 Project Manager’s Estimate $132,500 $245,000 *Bid corrected upon extension Meeting of September 15, 2008 (Item No. 4e) Page 2 Subject: Bid Tabulation: Fern Hill Park Redevelopment Project – Project No. 20080070 Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends G.L. Contracting Inc. as the lowest responsible bidder of the earthwork contract for the Fern Hill Park Development project. They received very good references from their past projects. Staff recommends DMJ Corporation as the lowest responsible bidder of the paving contract for the Fern Hill Park Development project. DMJ Corporation is a reputable contractor and has worked successfully completed previous contracts. Construction Timeline: Construction is planned to begin in the September of 2008 and should be completed June of 2009. FINANCIAL OR BUDGET CONSIDERATION: This project is funded through the Park Improvement Fund. The original budget for these projects was $305,000. The City Council agreed to an additional $100,000 expenditure for the addition of a tennis court and additional trail connections as requested by the Fern Hill neighborhood. There is an additional $190,000 budgeted out of the Park Improvement Fund for the construction of the picnic shelter in this park. Staff believes that the entire project can be completed within budget unless there are some unforeseen circumstances that arise. VISION CONSIDERATION: Projects like this are consistent with the City Councils Strategic Direction of being a connected and engaged community and creating community gathering places. Attachments: None Prepared by: Stacy Voelker, Administrative Secretary Rick Beane, Superintendent of Parks Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 15, 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: Bid Tabulation: Bass Lake Tennis Court Construction Project – Project No. 2008-4715. RECOMMENDED ACTION: Motion to designate G.L. Contracting Inc. as the lowest responsible bidder for the construction of Tennis Courts at Bass Lake, and authorize execution of a contract with the firm in the amount of $128,223.30. POLICY CONSIDERATION: Not applicable. BACKGROUND: With the development of the Melrose Institute, the City of St. Louis Park negotiated the development of two tennis courts to be constructed on the site. This bid is for the construction of these two courts on the southwest part of the park. Bid Information: Bids were received on September 8, 2008 for the 2008 Bass Lake Tennis Court Construction Project. The project involves the construction of two tennis courts on the south west portion of the park site adjacent to the Melrose Institute. A total of seven (7) bids were received for this project. Although the low bid was higher than the estimate from SRF Consulting Inc., staff believes it is still a good price. There are some additional soil corrections necessary to complete the project. The bids received reflect that additional work. An advertisement for bids was published in the St. Louis Park Sun-Sailor on Aug. 28 and Sept. 4, 2008 and in the Construction Bulletin on Aug. 25 and Sept. 1, 2008. A summary of the bid results is as follows: CONTRACTOR Bid Amount G. L. Contracting Inc. $128,223.30 DMJ Corporation $139,948.75 Northwest Asphalt, Inc $144,354.87 Midwest Asphalt Corporation $165,621.50 Bituminous Roadways, Inc. $178,003.79 Veit & Company, Inc. $180,631.00 Friedges Contracting Co., LLC $199,307.25 Project Manager’s Estimate $120,000.00 Meeting of September 15, 2008 (Item No. 4f) Page 2 Subject: Bid Tabulation: Fern Hill Park Redevelopment Project – Project No. 20080070 Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends G.L. Contracting Inc. as the lowest responsible bidder of the Bass Lake Tennis Court Construction project. Although G. L. Contracting Inc. has not worked for the city before, reference checks revealed that G. L Contracting, Inc. has an outstanding reputation for their quality and timeliness of recent work for projects with Orono and Chaska school districts. Construction Timeline: Construction is planned to begin in the fall of 2008 and should be completed spring 2009. FINANCIAL OR BUDGET CONSIDERATION: United Properties is responsible for reimbursing the Economic Development Authority/City for the cost of constructing the tennis courts. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Rick Beane, Superintendent of Parks and Recreation Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 15, 2008 Agenda Item #: 4g Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Change Order No. 1 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500. RECOMMENDED ACTION: Motion to approve Change Order No. 1 to Contract 80-08 - Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500. POLICY CONSIDERATION: City Council approval is required whenever contract changes are requested: • To Council-authorized contracts, or • If total contract expenditures exceed $50,000. BACKGROUND: The City Council approved and established this project in May 2008 which provides for the recoating of the interior and exterior surface of Elevated Water Tower (EWT) along with minor structural modifications and repairs. On June 2, 2008 Council awarded a contract for this work to Odland Protective Coatings, Inc. for $874,000. Work on this project started in August and is to be completed this year. After construction began it was found there were some additional antenna brackets and electrical boxes on the tower that are no longer required and should be removed. In addition, the City recently added a new valve and hydrant to better drain the water tower; the old drain pipe is now obsolete and should be removed for safety reasons. This additional work was requested by City staff and results in additional costs of $4,250.00. Details regarding this extra work are provided in Change Order No. 1 (attached). FINANCIAL OR BUDGET CONSIDERATION: Estimated Contract Cost Staff has negotiated the cost for this extra work with the Contractor at $4,250.00. The source of funding for this contract work is the Water Utility. The work to be performed by the Contractor under Contract 80-08 is now estimated as follows: Original Contract $ 874,000.00 Change Order No. 1 $ 4,250.00 Total $ 878,250.00 Meeting of September 15, 2008 (Item No. 4g) Page 2 Subject: Change Order No. 1 to Contract 80-08 Water Project Recoat Elevated Water Tower No. 4 Project 2007-1500 Contract Terms All other terms of the Contract will remain the same. VISION CONSIDERATION: Not applicable. Attachment: Change Order No. 1 Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4g) Page 3 Subject: Change Order No. 1 to Contract 80-08 Water Project Recoat Elevated Water Tower No. 4 Project 2007-1500 Contract No.: 80-08 Change Order No.: 1 Date: August 20, 2008 Project Name: Recoat Elevated Water Tower #4 Project Location: 2541 Nevada Avenue South Contractor: Odland Protective Coatings, Inc. 7655 Vernon Street Rockford, MN 55373 Phone No. 763/229-2678 Type of Work: Extra work - removal of antenna brackets and metal boxes on the tower columns and the drain pipe located in the wet riser Amount of Original Contract: $874,000.00 Unit Contract As Revised by CO Contract Item Unit Price Quantity Amount Quantity Amount Remove 3 Sets Antenna Brackets 3.00 $2,500.00 0 0 3.0 $2,500.00 Remove 5 Metal Boxes 5.00 $1,250.00 0 0 5.0 $1,250.00 Removal of 4 or 6-inch pipe type drain pipe located in the wet riser 1 $500.00 0 0 1 $500.00 Total with Revised Quantity $4,250.00 Total Change Order No. 1 Amount: $ 4,250.00 Original Contract Price: $874,000.00 Previous Change Orders (None) Total Funds Encumbered with all Change Orders: $878,250.00 Above additional (or deleted) work to be performed (or deleted) under same conditions as specified in original contract unless otherwise stipulated herein. Recommended: Project Manager Date City Engineer Date Approved: Director of Public Works Date City Manager Date We hereby agree to furnish labor and materials complete in accordance with the contract specifications at the above stated price. Approved: ______________________________________ ______________________________________________ Date Authorized Contractor Signature NOTE: This Revision becomes part of and in conformance with the existing contract. Meeting Date: September 15, 2008 Agenda Item #: 4h Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Hennepin County Recycling Grant Agreement. RECOMMENDED ACTION: Motion to Adopt Resolution authorizing a Hennepin County Grant Agreement to fund the City’s curbside recycling program. POLICY CONSIDERATION: Does the Council wish to receive assistance from the County to help pay for our recycling program? BACKGROUND: Annually in February the city submits a grant report and application for SCORE funding. SCORE (Select Committee On Recycling and the Environment) was established by Governor Perpich to provide a funding source for solid waste programs throughout Minnesota. SCORE funds are derived from a 6.5% tax on garbage collection and disposal fees. These funds are distributed to Counties for solid waste programs, particularly recycling collection. Since 1988 the City has received annual grants from Hennepin County as an aid in supporting the residential curbside recycling program that serves all single family through four-plex residential structures. The County’s share of SCORE funds is divided between cities on a proportional basis by the number of households. The County’s current funding policy (grant program) covers the period from January 1, 2008 through December 31, 2010, and provides for the proportional distribution of SCORE funds, which the County receives from the State of Minnesota. This report and request is based on a Hennepin County requirement to provide a Council Resolution authorizing each agreement. This particular resolution covers the Municipal Recycling Grant Agreement terminating December 31, 2010. The Agreement also lists the initial grant payment, for the year 2008 as $101,301. The terms of this agreement are the same as in the past agreements. Summary: Attached to this report is a resolution authorizing the Municipal Recycling Grant Agreement to fund the City’s curbside recycling program. FINANCIAL OR BUDGET CONSIDERATION: The funding from this grant program is necessary to help operate the City’s recycling program. Meeting of September 15, 2008 (Item No. 4h) Page 2 Subject: Hennepin County Recycling Grant Agreement VISION CONSIDERATION: The activities above support or complement the following Vision areas: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Community members are responsible stewards of the environment and realize their actions today influence the greater ecology inherited by future generations. Focus areas: • Educating staff and the public on environmental consciousness, stewardship and best practices. • Working in areas such as…environmental innovations. Attachments: Resolution Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4h) Page 3 Subject: Hennepin County Recycling Grant Agreement RESOLUTION NO. 08 - ___ RESOLUTION AUTHORIZING THE MUNICIPAL RECYCLING GRANT AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND HENNEPIN COUNTY FOR FUNDING ASSISTANCE FOR RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, pursuant to Minnesota Statute 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires each City to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County has adopted a funding assistance policy for source separated recyclables to distribute funds to Cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds, Cities must meet the conditions set forth in the funding policy and the agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City Council authorizes and directs the Mayor, City Manager and City to execute on behalf of the City of St. Louis Park, Minnesota an agreement in its entirety which covers the furnishing of a recycling program during 2008 through 2010. BE IT FURTHER RESOLVED that as a condition to receive funds under the Hennepin County funding assistance policy, the City agrees to implement a waste reduction and recycling program as committed to by its submission of the 2008 Hennepin County recycling grant application and that the City will use such County funds for the limited purpose of implementing the City’s waste reduction and recycling program and that the City Clerk is hereby directed to file a certified copy of this resolution with the agreement with the Hennepin County Contract Compliance Officer. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 2008 Agenda Item #: 4i 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: Special Assessment for Water and Sewer Service Line Repair at 3217 Florida Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the repair of the water and sewer service line at 3217 Florida Avenue South. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. BACKGROUND: Jeffrey L. and Tina M. Mickelson, owners of the single family residence at 3217 Florida Avenue South, have requested the City to authorize the repair of the water and sewer service lines for their home and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for the service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the water and sewer service lines in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the water and sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $6,545.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: N/A Attachments: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4i) Page 2 Subject: Special Assessment for Water and Sewer Service Line Repair at 3217 Florida Avenue South RESOLUTION NO. 08-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER AND SEWER SERVICE LINES AT 3217 FLORIDA AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owners at 3217 Florida Avenue South have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water and sewer service lines for the single family residence located at 3217 Florida Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water and sewer service lines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the water and sewer service line repair is hereby accepted. 2. The water and sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water and sewer service lines is accepted at $6,545.00 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%, which assessment is hereby adopted. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the water and sewer service lines and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 2008 Agenda Item #: 4k 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: Acceptance of American Legion Post 282 Donation. RECOMMENDED ACTION: Motion to Accept Donation from American Legion Post 282 in the amount of $500 for use at Westwood Nature Center. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? BACKGROUND: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. The American Legion Post 282 is graciously donating to the Parks and Recreation Department an amount of $500 cash. The donation is given with the restriction that the funds be used for purchases at the Westwood Nature Center. FINANCIAL OR BUDGET CONSIDERATION: This donation will assist us in presenting programs that benefit youth in the community. VISION CONSIDERATION: None. Attachments: Resolution Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting of September 2, 2008 Page 2 Subject: 2009 Preliminary Budget and Tax Levy RESOLUTION NO. 08-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION FROM AMERICAN LEGION POST 282 IN THE AMOUNT OF $500 FOR USE AT WESTWOOD NATURE CENTER WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, the American Legion Post 282 desires to assist Westwood Nature Center in its provision of programs for youth with a donation of $500; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to the American Legion. Reviewed for Administration Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 2008 Agenda Item #: 4k 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: Special Assessment for Fire Suppression Sprinkler System. RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 4838-4850 35th Street, St. Louis Park, MN POLICY CONSIDERATION: This action is consistent with a policy the Council has established in 1995. BACKGROUND: Beltline Three LLC, owner(s) of the commercial building 4838-4850 35th Street, have requested the City to authorize the installation of an automatic fire suppression sprinkler system for the commercial building and assess the cost against the property in accordance with the City’s special assessment policy. ANALYSIS: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system due to major remodeling project of the building. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work, the system qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the installation of the fire sprinkler system and special assess the cost of the installation. Sprinkler plans have been submitted and approved by City staff. The total eligible cost of the installation has been determined to be $71,785.00. An administrative fee of $359.00 shall be received prior to the release of the special assessment funds. FINANCIAL OR BUDGET CONSIDERATION: Staff has determined that adequate funds are available through the Permanent Improvement Revolving Fund to assist with this project. Meeting of September 15, 2008 (Item No. 4k) Page 2 Subject: Special Assessment for Fire Suppression Sprinkler System VISION CONSIDERATION: None. Attachments: Resolution Contract Prepared by: Cary Smith, Fire Marshal Reviewed by: Luke Stemmer, Fire Chief Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4k) Page 3 Subject: Special Assessment for Fire Suppression Sprinkler System RESOLUTION NO. 08-____ RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 4838-4850 35th Street , St. Louis Park, MN 55416 WHEREAS, Beltline Three LLC , the Property Owner at 4838-4850 35th Street have petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in the building on the Benefited Property; and WHEREAS, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $71,785.00. 4. An administrative fee of $359.00 (.5% of $71,785.00) for processing shall be received prior to the release of special assessment funds. 5. The total special assessment against the property will be $71,785.00. 6. The Property Owners have agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 7. The Property Owners agree to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at five point eight percent (5.8%) interest. Meeting of September 15, 2008 (Item No. 4k) Page 4 Subject: Special Assessment for Fire Suppression Sprinkler System 8. The Property Owners agree to execute an agreement with the City and any other documents necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting of September 15, 2008 (Item No. 4k) Page 5 Subject: Special Assessment for Fire Suppression Sprinkler System CITY OF ST LOUIS PARK PETITION FOR PUBLIC IMPROVEMENT AND ASSESSMENT AGREEMENT FIRE PROTECTION (SPRINKLER) IMPROVEMENT, FOR BELTLINE THREE LLC, PROPERTY LOCATED AT 4838-4850 35TH STREET, ST. LOUIS PARK, MN 55416 AGREEMENT made as of September 15, 2008 between the City of St. Louis Park, a Minnesota corporation (“City”) and Beltline Three LLC, (Owner). “Property Owner”, concerning special assessment on fire sprinkler improvement on property located at 4838 35th Street, “Benefited Property” described as “That part of Lot 3 lying Northeasterly of the following described line: Commencing at a point in Northerly line of Lot 3 distant 483’ Northeasterly from the northwest corner there; thence Southeasterly parallel with the Westerly line thereof 252 66/100’; thence Southwesterly to a point in the South line of Lot 3 distant 459 75/100’ from the southwest corner thereof, Block 1, Belt Line Industrial Park.” The City and the Property Owner agree as follows: 1) Property Owner(s). The Property Owner is Beltline Three, (Charles N. McCain will sign on their behalf). 2) Subject Property. The Property Owner is the fee owner of the property legally described in attached “Exhibit A” incorporated by reference herein. 3) Purpose of Agreement. Pursuant to Minnesota Statutes, Chapter 429 sub. 3 and St. Louis Park Resolution 08-_________ the Property Owner petitioned the City on July 21, 2008 to specially assess the cost of the installation of an automatic fire sprinkler system in his building at the Benefited Property. The petition attached as “Exhibit B” is incorporated into this agreement by reference. The City Council has determined that it is in the best interest of the public for the City to facilitate the installation of a fire sprinkler system in the Benefited Property to promote the public health, safety and welfare. 4) Administrative Fee. An administrative fee of $359.00 for the processing of the sprinkler special assessment shall be received prior to the release of special assessment funds. 5) The Improvement Project. The construction of an automatic fire sprinkler system throughout the commercial building at the Benefited Property in conformance with plans and specifications as described in Exhibit B and as approved by the St. Louis Park Fire and Inspections Departments. 6) Responsibility. The Property Owner shall assume all responsibility for the installation, operation and maintenance of the fire sprinkler system, including all construction contracts and monitoring agreements. Meeting of September 15, 2008 (Item No. 4k) Page 6 Subject: Special Assessment for Fire Suppression Sprinkler System 7) Amount to be assessed. The total estimated cost of the project, based on the lowest responsible bid, is $71,785.00, all of which is proposed to be assessed against the Benefited Property as described in Paragraph 2 above. It is hereby agreed that the full cost of the project and minus the administrative fee of $359.00 will be assessed against the property. The total Special Assessment against the property will be $71,785.00. 8) Waiver of Notice and Hearing. In connection with this improvement, the Property Owner agrees to waive and does waive any and all rights to public hearing and right to any notice, whether provided by Minnesota Statutes, Chapter 429, or any other statute or by ordinance, City Charter, constitution, or common law. 9) Waiver of Right of Appeal. In connection with this improvement, the Property Owner agrees to waive and does waive any and all rights to appeal from the special assessment set forth above, whether provided by Minnesota Statutes, Chapter 429, or any other statute or by ordinance, City Charter, constitution, or common law. 10) Implementation. Each party to this agreement agrees to execute any other documents upon request of the City, necessary to implement the waivers of notice, hearing and right of appeal for the special assessment for the improvement project. 11) Payment. The Property Owner agrees to pay the City for the cost of the above improvements in accordance with the following terms: a) The assessment shall be paid in equal installments over ten (10) years at five point eight percent (5.8%) interest on the unpaid balance and in accordance with all provisions of the City policy for special assessments for fire sprinkler improvements. 12) Indemnification. The Property Owner shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses, or expenses, including attorneys fees, which may be suffered or from which they may be held liable, rising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the City, its employees, agents or subcontractors. 13) Certification of Encumbrances or Contract for Deed. Each party to this agreement certifies that the property described in Paragraph 1 above, is owned by that party in simple fee and is free and clear of all encumbrances or Contracts for Deed except as follows: 14) Right to Record. It is agreed that the City may record this document in the chain of title of the Benefited Property legally described above. Meeting of September 15, 2008 (Item No. 4k) Page 7 Subject: Special Assessment for Fire Suppression Sprinkler System 15) Payment. The Property Owner agrees that, after the City has completed the required inspections and has determined that the installation of the fire sprinkler system is in conformance with the applicable City ordinances and State laws, the Property Owner will provide the following documents to the City to allow the City to process payment of the amount to be assessed for the installation of the fire sprinkler system on the Benefited Property: a) A sworn construction statement stipulating the contractors and suppliers involved in the fire sprinkler installation on the Benefited Property and the agreed payment amounts, and b) A written notice from the Property Owner that they have determined the installation of the fire sprinkler system has been substantially completed as stipulated in their contract with their contractor, and c) Evidence of receipt of a lien waiver from the contractors and suppliers for the improvement project on the Benefited Property. It is further agreed by the City and the Property Owners, in making payment to the Property Owner, the City is not assuming responsibility for payment to any contractor or supplier for the installation of the improvement project on the Benefited Property. This agreement has been entered into as of the 15 day of September, 2008. FOR THE CITY OF ST. LOUIS PARK: __________________________________ Attest: Mayor ________________________________ __________________________________ City Clerk City Manager __________________________________ Fire Marshal (seal) Accounting Records Posted: __________________________________ Director of Finance Meeting of September 15, 2008 (Item No. 4k) Page 8 Subject: Special Assessment for Fire Suppression Sprinkler System * FOR THE PROPERTY OWNER: ADDITIONAL ENCUMBRANCE(S) PROPERTY OWNER _________________________________ ________________________________ _________________________________ ________________________________ * All signatures of owners or encumbrances must be acknowledged by a Notary Public. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2008, by _______________________________________, property located at 4838-4850 35th Street . Property Owner(s) ____________________________________ Notary Public THIS AGREEMENT WAS DRAFTED BY: St. Louis Park Fire Department 5005 Minnetonka Boulevard St. Louis Park, MN 55416 952-924-2500 Meeting Date: September 15, 2008 Agenda Item #: 4l 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: Tax Forfeited Property Purchase from Hennepin County at 3308 Xenwood Avenue South. RECOMMENDED ACTION: Motion to Adopt Resolution approving designation of nonconservation land shown on Classification List “1442 C/NC” by Board of County Commissioners of Hennepin County for the property at 3308 Xenwood. POLICY CONSIDERATION: Is the City Council comfortable with the recommended action? The purchase and rehabilitation of this substandard single family home in partnership with West Hennepin Affordable Housing Land Trust/Homes Within Reach (HWR) meets the City’s Vision and housing goal to provide more affordable home ownership opportunities in the city. BACKGROUND: County Tax Forfeit Process: On July 18, 2008, Hennepin County notified the City that the property at 3308 Xenwood Avenue was being tax forfeited for non-payment of taxes. The property is a vacant home in substandard condition. The owner of this property is deceased. Whenever property goes tax forfeit in Hennepin County, the County advises the city where the property is located. Cities have the option of requesting a tax deed for the property for a public purpose, requesting a nonpublic sale to the city, or authorizing the County to sell the property at auction. The County also requests the city confirm by resolution the classification of the property as Non-Conservation (i.e. not a wetland, lake, etc.). Hennepin County requires municipalities to approve a resolution approving designation of tax forfeit land as non-conservation and requesting its purchase in order for it to be sold for development. This is a legal requirement that allows cities to purchase tax forfeited lands located in their communities rather than having the County sell the land through public auction. In this case, the resolution must be passed within 60 days from the July 18, 2008 date, or September 18, 2008. Meeting of September 15, 2008 (Item No. 4l) Page 2 Subject: Tax Forfeited Property Purchase from Hennepin County at 3308 Xenwood Avenue South Status: Recently, family members notified the County that they have an interest in repurchasing the home. In the event the family opts to repurchase the home, the city would step aside. The purpose of this resolution is to indicate to the County within their 60 day timeframe, that the City may be interested in purchasing the property if the family does not, and if a purchase price is low enough to result in a home affordable to a household with a qualifying income. Potential for Redevelopment as Single Family Affordable Ownership: City staff has reviewed this property along with HWR staff, and recommends, with conditions, that a purchase be facilitated by the Housing Authority (HA) using Housing Rehab Funds in partnership with HWR. If purchased, the City/HA would facilitate the sale of the 3308 Xenwood home to HWR for an affordable home. Property Information: ƒ This 3 bedroom, two bath home is in substandard condition with significant deferred maintenance problems, including water damage from roof and foundation leaks. ƒ The family of the deceased owner has just recently learned the property had gone tax forfeit and has verbally requested repurchase from the county. ƒ Back taxes total approximately $25,000. There is no mortgage on the home - it is paid in full. ƒ If the family complies with County guidelines and repurchases the home, the City will not pursue purchase from the County. ƒ The family has indicated if they repurchase, they may be interested in selling the home to the City. Purchase Price to the City has not been determined: The 2008 City assessed estimated market value is $253,300. A purchase price has not yet been determined and the appraisal would be conducted once the home is cleared of debris. City and HWR staff estimates there would be significant rehab costs including roof, foundation, mechanical, and possible electrical work along with gutting of some interior walls. Since the rehab costs will be high, the City/HA would only purchase the home if it can be purchased at a low enough price to be consistent with redevelopment for an affordable owner occupied home. Since this home would require major rehabilitation, the net purchase price will need to be in the range of $75,000. Because this property is being sold by the County as tax forfeited property, the County is required to share the proceeds form the land sale (after payment of taxes) with the City. Next Steps: Passage of this resolution does not commit the City/HA to purchase the property, it simply allows the purchase if conditions are met. Staff will continue to work with the County and Homes within Reach, and keep Council apprised of its status. Meeting of September 15, 2008 (Item No. 4l) Page 3 Subject: Tax Forfeited Property Purchase from Hennepin County at 3308 Xenwood Avenue South FINANCIAL OR BUDGET CONSIDERATION: The City Housing Rehab Fund has budgeted $50,000 in funds to facilitate affordable ownership opportunities. The anticipated net cost to the City for this home, working with HWR, is no more than $50,000. VISION CONSIDERATION: Acquisition and rehab of a vacant substandard home for an affordable ownership opportunity is consistent with one of the City Councils Strategic Directions and Focus Areas as follows: Strategic Direction – St. Louis Park is committed to providing a well maintained and diverse housing stock. Focus Area – Work towards affordable single family homeownership throughout the City. Attachments: Resolution Prepared by: Kathy Larsen, Housing Programs Coordinator Reviewed by: Kevin Locke, Director of Community Development Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4l) Page 4 Subject: Tax Forfeited Property Purchase from Hennepin County at 3308 Xenwood Avenue South RESOLUTION NO. 08-____ RESOLUTION APPROVING DESIGNATION OF NONCONSERVATION LAND SHOWN ON CLASSIFICATION LIST “1442 C/NC” BY BOARD OF COUNTY COMMISSIONERS OF HENNEPIN COUNTY 3308 XENWOOD AVENUE SOUTH WHEREAS, the City Council of St. Louis Park has received from the County Auditor of Hennepin County a list of lands in said City which became the property of the State of Minnesota for nonpayment of taxes and said list has been designated as Classification List “1442 C/NC”; and WHEREAS, the parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County as nonconservation land, and its sale has been authorized by said Board; therefore, WHEREAS, as City requests acquisition of said properties for redevelopment of an affordable single family home contingent upon failure of the owner’s heirs to repurchase, and contingent upon a sale price that is consistent with redevelopment for an affordable owner occupied home, through the City’s partnership with West Hennepin Affordable Housing Land Trust – Home Within Reach Program which is administered by the St. Louis Park Housing Authority; NOW THEREFORE BE IT RESOLVED by the City Council, pursuant to Minnesota Statutes 1949, Section 282.01, Subd. 1, that the Board’s classification of land as nonconservation described in said list is approved, and the sale of the land described below is approved: Lot 3172 Norwaldo, Hennepin County, Minnesota Property I.D. 16-117- 21- 24-0080 3308 Xenwood Avenue South St. Louis Park, MN 55426 Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 2008 Agenda Item #: 4m 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: Federal Recreational Trail Grant Program Award for Roadside Park Trail Connection. RECOMMENDED ACTION: Motion to Adopt Resolution accepting Minnesota Department of Natural Resources Federal Recreational Trail Grant. POLICY CONSIDERATION: Does the Council wish to accept the grant from the Minnesota Department of Natural Resources in the amount of $21,000 that will connect Roadside Park to the Southwest LRT Regional Trail? BACKGROUND: Parks and Recreation staff applied for a grant from the Federal Recreational Trail Grant Program of the Minnesota Department of Natural Resources. Staff was recently notified that they had received a trail grant in the amount of $21,000. It is a matching grant for a local trail connection that will connect Roadside Park, located at the southeast corner of Highway 7 and Highway 100, to the to the Southwest LRT Regional Trail. Matching funds for this project are budgeted in the 2008 and 2009 Capital Improvement Plan under the Beehive Project. This is part of a larger project of moving the Beehive from the east side of Highway 100 to Roadside Park The Beehive will be moved to its new location this fall and this portion of the trail section is slated for completed in 2009. FINANCIAL OR BUDGET CONSIDERATION: Matching funds for this project are budgeted in the 2008 and 2009 Capital Improvement Plan under the Beehive Project. VISION CONSIDERATION: The activities above support or complement the following Strategic Directions and Focus areas: St. Louis Park is committed to being a connected and engaged community. Focus areas: • Developing an expanded and organized network of sidewalks and trails; and • Promoting regional transportation issues and related dedicated funding sources. . . . • Increasing use of new and existing gathering places and ensuring accessibility throughout the community. St. Louis Park is committed to being a leader in environmental stewardship. • Preserving, enhancing and providing good stewardship of our parks. Attachments: Resolution Prepared by: Lisa Songle, Office Assistant Reviewed by: Cindy Walsh, Parks and Recreation Director Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 4m) Page 2 Subject: Federal Recreational Trail Grant Program Award for Roadside Park Trail Connection RESOLUTION NO. 08 - ___ RESOLUTION ACCEPTING A GRANT FROM THE LOCAL TRAIL CONNECTIONS GRANT PROGRAM OF THE MINNESOTA DEPARTMENT OF NATURE RESOURCES FOR THE FEDERAL RECREATIONAL TRAIL GRANT PROGRAM WHEREAS, the City Council has adopted a city-wide system of walks, trails and bikeways to be built and maintained by the city; and WHEREAS, the City has identified thru a community visioning process that creating new gathering places, developing expanded and organized networks of sidewalks and trails, promoting regional transportation issues and related dedicated funding sources preserving, and enhancing and providing good stewardship of our parks is a priority for the community: • Building a trail link from Roadside Park (historic park location west of Nordic Ware) to the Southwest Regional Trail will provide a link/connection to the historic gathering place; and WHEREAS, the State of Minnesota has awarded the City a grant in the amount of $21,000 for the building of a local trail connection that will connect Roadside Park located at the southeast corner of Highway 7 and Highway 100 to the to the Southwest LRT Regional Trail; and WHEREAS, the City of St. Louis Park recognizes the fifty (50) percent match requirement for the Federal Recreational Trail Grant Program and has secured the matching funds. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park hereby accepts the grant from the Minnesota Department of Natural Resources to be used to connect Roadside Park to the Southwest LRT Regional Trail and may enter into an agreement with the State of Minnesota for the above referenced project. The City of St. Louis Park will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement; and BE IT FURTHER RESOLVED by the City Council of the City of St. Louis Park that the Fiscal Agent for the City of St. Louis Park for this project is: Bruce DeJong, Director of Finance, City of St. Louis Park, 5005 Minnetonka Boulevard, St. Louis Park, MN 55416; and BE IT FURTHER RESOLVED by the City Council of the City of St. Louis Park that the City of St. Louis Park hereby assures the Roadside Park trail will be maintained for a period of no less than 20 years. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting Date: September 15, 2008 Agenda Item #: 4n 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 August 30, 2008 through September 12, 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 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 1Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 640.00SKATEBOARD/INLINE PROGRAMS OTHER CONTRACTUAL SERVICES3RD LAIR SKATEPARK 640.00 106.07SEWER UTILITY G&A EQUIPMENT PARTSABLE HOSE & RUBBER INC 106.07 10,828.92EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTABM EQUIPMENT & SUPPLY INC 10,828.92 12,680.12EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTACTION FLEET INC 12,680.12 187.60EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESADMINISTRATION RESOURCES CORP 187.60 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESALBERTSSON HANSEN ARCHITECTURE 225.00 458.71SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 458.71 56.25COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSAMERICAN PLANNING ASSOC 56.25 7.87VEHICLE MAINTENANCE G&A INTEREST/FINANCE CHARGESAMERICAN TIRE DISTRIBUTORS 744.11GENERAL REPAIR TIRES 751.98 108.50WATER UTILITY G&A GENERAL SUPPLIESAMERICAN WATER WORKS ASSOC 108.50 86.82GENERAL BUILDING MAINTENANCE OPERATIONAL SUPPLIESAMERIPRIDE LINEN & APPAREL SER 141.20PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 101.34PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 136.33VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 67.92WATER UTILITY G&A OPERATIONAL SUPPLIES 67.92SEWER UTILITY G&A OPERATIONAL SUPPLIES 601.53 1,439.11PRINTING/REPRO SERVICES OFFICE SUPPLIESANCHOR PAPER CO 1,439.11 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 2 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 2Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 165.34TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEANDERSON, BETSY 165.34 325.00GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESANDERSON, TRAVIS 325.00 9,715.00ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESASPEN LAWN SERVICE/SIPE'S ENTE 9,715.00 127.20GARAGE MTCE BUILDING MTCE SERVICEAUTOMATIC GARAGE DOOR CO 127.20 1,106.19BEAUTIFICATION/LANDSCAPE OTHER IMPROVEMENT SUPPLIESBACHMANS 2,357.74BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 2,500.00TREE REPLACEMENT TREE REPLACEMENT 5,963.93 122.02CE INSPECTION IMPROVEMENTS OTHER THAN BUILDIBARR ENGINEERING CO 2,849.62CE DESIGN GENERAL PROFESSIONAL SERVICES 2,763.83CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 5,735.47 7,044.50WATER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIBERG, JANICE 7,044.50 437.50REILLY BUDGET OTHER CONTRACTUAL SERVICESBERGERSON CASWELL INC 437.50 225.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESBERGFORD ARCHITECTURE, JOHN 225.00 31.29POLICE G & A OPERATIONAL SUPPLIESBIKEMASTERS 31.29 186.61ORGANIZED REC G & A MILEAGE-PERSONAL CARBIRNO, RICK 186.61 708.97NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBLACKSTONE NEIGHBORHOOD ASSN 708.97 7,441.06WATER UTILITY G&A OTHER CONTRACTUAL SERVICESBLOOMINGTON, CITY OF 7,441.06 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 3 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 3Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 592.41OPERATIONSGENERAL SUPPLIESBRADCO SERVICES INC 592.41 2,592.80GO BONDS-FIRE STATIONS G&A GENERAL PROFESSIONAL SERVICESBRAUN INTERTEC CORPORATION 1,268.50CE MATERIALS TESTING IMPROVEMENTS OTHER THAN BUILDI 435.00CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 4,296.30 244.95PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESBRENTS SIGNS AND DISPLAYS 244.95 111.40INSPECTIONS G & A BUILDINGBRIGLEY ROOFING INC 111.40 69.49NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBROOKSIDE NEIGHBORHOOD ASSN 69.49 37.40INSPECTIONS G & A BUILDINGBROWN, PETER 37.40 145.00INSPECTIONS G & A BUILDINGBUDGET EXTERIORS 145.00 176.75TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICECALHOUN, TOMI 176.75 2,449.92DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICECARTRIDGE CARE 2,449.92 7,703.65INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESCARVER, CITY OF 7,703.65 23,722.97DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 11,735.79MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICES 5,689.50CITYWIDE SF INSPECT REHAB PRGM LOAN RECEIVABLE - LONG TERM 750.00CITYWIDE SF INSPECT REHAB PRGM OTHER CONTRACTUAL SERVICES 41,898.26 12,720.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 12,720.00 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 4 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 4Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 66.34WATER UTILITY G&A GENERAL CUSTOMERSCIRESI, ANTHONY 66.34 34.65-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 27.85ADMINISTRATION G & A LEGAL SERVICES 236.00ADMINISTRATION G & A POSTAGE 233.90ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 948.00ADMINISTRATION G & A TRAVEL/MEETINGS 161.87ADMINISTRATION G & A MEETING EXPENSE 1,247.23APPLICATION SUPPORT/SERVICE SEMINARS/CONFERENCES/PRESENTAT 567.65GROUNDS MTCE GENERAL SUPPLIES 308.69SUPERVISORYSEMINARS/CONFERENCES/PRESENTAT 19.23PUBLIC WORKS G & A GENERAL SUPPLIES 28.77-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 125.67ORGANIZED REC G & A SEMINARS/CONFERENCES/PRESENTAT 22.96ORGANIZED REC G & A BANK CHARGES/CREDIT CD FEES 492.44SUMMER FIELDTRIPS GENERAL SUPPLIES 684.00YOUTH PROGRAMS GENERAL SUPPLIES 213.39GENERAL REPAIR EQUIPMENT PARTS 93.85BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES 66.18CABLE TV G & A OFFICE EQUIPMENT 1.46CABLE TV G & A BANK CHARGES/CREDIT CD FEES 230.64EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENT 496.20DESKTOP SUPPORT/SERVICES OFFICE EQUIPMENT 1.35DESKTOP SUPPORT/SERVICES BANK CHARGES/CREDIT CD FEES 6,115.14 2,500.00COMM & MARKETING G & A PRINTING & PUBLISHINGCITY IMAGE COMMUNICATIONS 2,500.00 16,984.60ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 16,984.60 369.85NETWORK SUPPORT SERVICES DATACOMMUNICATIONSCOMCAST 369.85 55.06PATCHING-PERMANENT GENERAL SUPPLIESCONSTRUCTION MATERIALS 55.06 57.50WIRELESS G & A OTHER CONTRACTUAL SERVICESCTC 57.50 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 5 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 5Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 249.59SEWER UTILITY G&A EQUIPMENT PARTSCUES 214.36STORM WATER UTILITY G&A EQUIPMENT PARTS 463.95 190.25SEWER UTILITY G&A EQUIPMENT MTCE SERVICECUMMINS NPOWER LLC 190.25 11,797.54WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 11,797.54 115.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEDALBY, SCOTT 115.00 208.24GENERAL CUSTODIAL DUTIES CLEANING/WASTE REMOVAL SUPPLYDALCO ENTERPRISES INC 1,338.63BUILDING MAINTENANCE GENERAL SUPPLIES 1,546.87 12,339.58INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 12,339.58 10,000.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 10,000.00 164.34COMMUNITY OUTREACH G & A POSTAGEDO-GOOD.BIZ INC 433.02PRINTING/REPRO SERVICES PRINTING & PUBLISHING 356.35POSTAL SERVICES POSTAGE 953.71 141.11WESTWOOD G & A GENERAL SUPPLIESDON'S RODENTS 141.11 240.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESDUNDOVICH, PATRICIA 240.00 125.80ELECTRICAL SYSTEM MTCE BUILDING MTCE SERVICEDYMANYK ELECTRIC INC 125.80 2,450.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESEBERHARD CONSTRUCTION INC 2,450.00 36.74PUBLIC WORKS G & A OFFICE SUPPLIESELLINGSON, JUDY 36.74 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 6 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 6Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 45.03VEHICLE MAINTENANCE G&A GENERAL SUPPLIESELVIN SAFETY SUPPLY 45.03 3,351.11PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEEMERGENCY APPARATUS MTNCE 31.20GENERAL REPAIR EQUIPMENT PARTS 3,382.31 95.00DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICEENCORE BROKERS 95.00 11,111.00SAMPLINGGENERAL PROFESSIONAL SERVICESENSR CORPORATION 3,606.41STUDIESGENERAL PROFESSIONAL SERVICES 14,717.41 1,110.14STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEENTERPRISE RENT-A-CAR 1,146.92STORM WATER UTILITY G&A RENTAL EQUIPMENT 2,257.06 153.40GENERAL REPAIR EQUIPMENT PARTSEQUIPMENT DISTRIBUTION MANAGEM 153.40 145.00INSPECTIONS G & A BUILDINGEXTERIOR ENHANCEMENTS 145.00 324.53ENGINEERING G & A GENERAL SUPPLIESFASTENAL COMPANY 38.41WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 362.94 77.77ASSESSING G & A MILEAGE-PERSONAL CARFECHNER, MARTY 77.77 124.31POLICE G & A POSTAGEFEDEX 124.31 5,519.79OPERATIONSOPERATIONAL SUPPLIESFIRE EQUIPMENT SPECIALTIES INC 5,519.79 32.00INSPECTIONS G & A MECHANICALFLARE HEATING & AIR 32.00 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 7 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 7Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 212.68SEWER UTILITY G&A OTHERFLEXIBLE PIPE TOOL 212.68 455.00COMM DEV PLANNING G & A TRAININGFULTON, ADAM 455.00 5,690.50WATER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIGENE'S WATER & SEWER INC. 5,690.50 64.14GENERAL REPAIR EQUIPMENT PARTSGENERAL SAFETY EQUIPMENT CORP 64.14 96.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESGHIZONI, DAVE 96.00 7,750.00WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIGOLIATH HYDRO-VAC INC 7,750.00 1,335.00EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTGRAFIX SHOPPE 1,335.00 8.66APPLICATION SUPPORT/SERVICE SEMINARS/CONFERENCES/PRESENTATGRAHAM, NATHAN 8.66 462.96PUBLIC WORKS OPS G & A GENERAL SUPPLIESGRAINGER INC, WW 462.96 4,667.20SYSTEM REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 4,667.20 111.40INSPECTIONS G & A BUILDINGGRAYHAWK BUILDERS 111.40 335.52WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 335.52 1,056.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHAMILTON, MIKE 1,056.00 245.53STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHANSON PIPE & PRECAST INC 245.53 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 8 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 8Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 805.12SSD 1 G&A OTHER CONTRACTUAL SERVICESHARMON INC 805.12 6.51WATER UTILITY G&A GENERAL CUSTOMERSHAUSER, LIZA 6.51 6,893.35WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 6,893.35 10.93WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESHD SUPPLY WATERWORKS LTD 189.12WATER UTILITY G&A OTHER 200.05 400.00YOUTH PROGRAMS OTHER CONTRACTUAL SERVICESHEALEY, MICHAEL 400.00 137.39PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESHEDBERG AGGREGATES 137.39 312.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICESHENDERSON, TRACY 312.00 125.00PATROLTRAININGHENNEPIN CHIEF'S ASSOCIATION 125.00 10.00APPLICATION SUPPORT/SERVICE SUBSCRIPTIONS/MEMBERSHIPSHENNEPIN COUNTY GIS USER GROUP 10.00 1,287.50OPERATIONSGENERAL PROFESSIONAL SERVICESHENNEPIN FACULTY ASSOCIATES 1,287.50 1,140.00OPERATIONSTRAININGHENNEPIN TECHNICAL COLLEGE 1,140.00 6,545.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHIGHVIEW PLUMBING INC 6,545.00 447.72WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESHIRSHFIELDS 447.72 92.97PARK MAINTENANCE G & A GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 9 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 9Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 3.17PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 96.14 165.17POLICE G & A OFFICE SUPPLIESHOME DEPOT CREDIT SRVCS 165.17 3.02GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME HARDWARE 24.86POLICE G & A OPERATIONAL SUPPLIES 23.42TASK FORCE OPERATIONAL SUPPLIES 72.04PARK MAINTENANCE G & A GENERAL SUPPLIES 85.90SEWER UTILITY G&A BLDG/STRUCTURE SUPPLIES 209.24 5,000.00ESCROWSPMC ESCROWHOOK LLC & MICHAELS CONSTRUCTI 5,000.00 145.66ASSESSING G & A MILEAGE-PERSONAL CARHOPPE, MARK 145.66 440.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 132.00KICKBALLOTHER CONTRACTUAL SERVICES 572.00 44.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 168.00ADULT SOFTBALL OTHER CONTRACTUAL SERVICES 212.00 192.40GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHSBC BUSINESS SOLUTIONS 117.09PARK MAINTENANCE G & A GENERAL SUPPLIES 309.49 132.66IRRIGATION MAINTENANCE GENERAL SUPPLIESHYDROLOGIC WATER MGMT 132.66 253.73GENERAL REPAIR EQUIPMENT PARTSI-STATE TRUCK CENTER 253.73 30.00HUMAN RESOURCES RECRUITMENTI/O SOLUTIONS INC 30.00 195.34POLICE G & A GENERAL SUPPLIESIDENTISYS Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 10 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 10Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 11.29POLICE G & A POSTAGE 206.63 3,485.94PRINTING/REPRO SERVICES EQUIPMENT MTCE SERVICEIKON OFFICE SOLUTIONS 3,485.94 260.93TREE MAINTENANCE GENERAL SUPPLIESINDEPENDENT BLACK DIRT CO 260.93 3,065.00CITY HALL GENERAL PROFESSIONAL SERVICESINSPEC INC 3,065.00 1.56-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSINTAB INC 25.56ADMINISTRATION G & A GENERAL SUPPLIES 24.00 73.43GENERAL REPAIR EQUIPMENT PARTSINTERSTATE BATTERY SYSTEM OF M 73.43 167.50GENERAL REPAIR EQUIPMENT PARTSINVER GROVE FORD 167.50 11.59WATER UTILITY G&A GENERAL CUSTOMERSJACOBSON, DUANE 11.59 43,784.26CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDIJEDLICKI INC, G F 43,784.26 64.18WESTWOOD G & A GENERAL SUPPLIESJOHNSON, ROGER 64.18 350.00AQUATIC PARK MAINTENANCE BUILDING MTCE SERVICEJT MURAL PAINTING & THEME ARTS 350.00 585.00ESCROWSDuke Realty - West EndKENNEDY & GRAVEN 796.00SUNSET RIDGE LEGAL SERVICES 832.00WESTMORELAND HIA LEGAL SERVICES 2,213.00 750.00ESCROWSPMC ESCROWKOLLOER, RYAN 750.00 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 11 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 11Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 130.53POLICE G & A POLICE EQUIPMENTKUSTOM SIGNALS INC 130.53 61.42GENERAL REPAIR EQUIPMENT PARTSLANO EQUIPMENT INC 61.42 60.46GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 60.46 450.00TRAININGTRAININGLOCAL 49 TRAINING PROGRAM 450.00WATER UTILITY G&A TRAINING 450.00SEWER UTILITY G&A TRAINING 450.00STORM WATER UTILITY G&A TRAINING 1,800.00 37,949.00APPLICATION SUPPORT/SERVICE COMPUTER SERVICESLOGIS 1,399.42NETWORK SUPPORT SERVICES COMPUTER SERVICES 1,400.50APPLICATION SUPPORT/SERVICES OFFICE EQUIPMENT 40,748.92 2,510.23HUMAN RESOURCES RECOGNITIONLOOKOUT BAR & GRILL 2,510.23 966.02PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVESLUBRICATION TECHNOLOGIES INC 966.02 68.43GENERAL REPAIR EQUIPMENT PARTSMACQUEEN EQUIP CO 68.43 2,462.49PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESMCCROSSAN INC, C S 48.24PLAYGROUND EQUIPMENT MAINTENAN OTHER CONTRACTUAL SERVICES 2,194.46PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES 4,705.19 63.88LOCATES/GOPHER ONE OTHER IMPROVEMENT SUPPLIESMENARDS 63.88 175.00WATER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIMERINO, JOSE 175.00 78.79PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 12 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 12Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 41.56TRAININGTRAINING 120.35 10.15WATER UTILITY G&A GENERAL CUSTOMERSMETRO HOUSING CORP 10.15 101,178.00INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 101,178.00 208.00TV PRODUCTION GENERAL SUPPLIESMICHAEL PRODUCTIONS, GENE 208.00 38.42SUPPORT SERVICES OPERATIONAL SUPPLIESMICRO CENTER 235.17WATER UTILITY G&A OFFICE EQUIPMENT 273.59 105.16WATER UTILITY G&A GENERAL CUSTOMERSMIDWEST AREA CLOSERS 105.16 5,973.56SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESMIDWEST ASPHALT CORP 1,075.71PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 7,049.27 850.94SOLID WASTE COLLECTIONS PRINTING & PUBLISHINGMIDWEST BADGE & NOVELTY CO 850.94 24,455.54VEHICLE MAINTENANCE G&A MOTOR FUELSMIDWEST FUELS INVER GROVE HEIG 24,455.54 4,882.47PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMIDWEST PLAYGROUND CONTRACTORS 4,882.47 26,564.80PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESMIDWEST PLAYSCAPES INC 26,564.80 406.00PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 406.00 30.00SUPPORT SERVICES OPERATIONAL SUPPLIESMINNEAPOLIS RIFLE CLUB 30.00 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 13 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 13Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 25.00NEIGHBORHOOD OUTREACH TRAININGMINNESOTA CRIME PREVENTION ASS 25.00 346.79STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDIMINNESOTA DEPT OF TRANSPORTATI 346.79 31.42ENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA DEPT TRANSPORTATION 31.42 180.68PARK GROUNDS MAINTENANCE SMALL TOOLSMINNESOTA WANNER COMPANY 180.68 248.99PRINTING/REPRO SERVICES OFFICE SUPPLIESMINUTEMAN PRESS 248.99 409.23WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESMINVALCO INC 25.72WATER UTILITY G&A BUILDING MTCE SERVICE 434.95 240.00TRAININGSEMINARS/CONFERENCES/PRESENTATMN FALL MAINTENANCE EXPO 240.00 750.00ESCROWSPMC ESCROWMONTY, JOHN 750.00 823.89GENERAL REPAIR EQUIPMENT MTCE SERVICEMORRIE'S PARTS & SERVICE GROUP 823.89 1,306.58POLICE G & A POLICE EQUIPMENTMOTOROLA 1,306.58 250.00ENVIRONMENTAL G & A SEMINARS/CONFERENCES/PRESENTATMSA 250.00 154.59GENERAL REPAIR EQUIPMENT PARTSMTI DISTRIBUTING CO 154.59 21.40GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESNAPA (GENUINE PARTS CO) 14.69PREVENTATIVE MAINTENANCE LUBRICANTS/ADDITIVES 684.67PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 84.38GENERAL REPAIR GENERAL SUPPLIES Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 14 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 14Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 452.25GENERAL REPAIR EQUIPMENT PARTS 30.21SEWER UTILITY G&A EQUIPMENT PARTS 14.68SEWER UTILITY G&A BUILDING MTCE SERVICE 1,302.28 68,509.98EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTNELSON LINCOLN MERCURY 68,509.98 32.00INSPECTIONS G & A PLUMBINGNORBLOM PLUMBING 32.00 45.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER 45.00 225.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA 225.00 166.72STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICESO'CONNOR, CHARLES 166.72 739.33ANIMAL CONTROL OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 739.33 174.20ENGINEERING G & A EQUIPMENT MTCE SERVICEOCE 174.20 128.70WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK 128.70 25.50ADMINISTRATION G & A OFFICE SUPPLIESOFFICE DEPOT 380.21ADMINISTRATION G & A GENERAL SUPPLIES 60.37DESKTOP SUPPORT/SERVICES EQUIPMENT MTCE SERVICE 27.00POLICE G & A OFFICE SUPPLIES 34.48COMMUNICATIONS/GV REIMBURSEABL OFFICE SUPPLIES 101.12INSPECTIONS G & A GENERAL SUPPLIES 73.08WATER UTILITY G&A OFFICE SUPPLIES 701.76 1,820.70INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,820.70 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 15 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 15Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 96.74OPERATIONSOPERATIONAL SUPPLIESOHLIN SALES INC 96.74 120.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPSOLSON, JIM 120.00 140.00SOCCEROTHER CONTRACTUAL SERVICESOLSON, JONATHAN 140.00 44.77NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESORTON, PAM 44.77 339.98VEHICLE MAINTENANCE G&A GENERAL SUPPLIESPARTS ASSOCIATES INC 339.98 1.16-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSPBBS EQUIPMENT CORP 18.96BOILER MTCE GENERAL SUPPLIES 17.80 36.50TASK FORCE GENERAL PROFESSIONAL SERVICESPETTY CASH 49.97INSPECTIONS G & A GENERAL SUPPLIES 35.00INSPECTIONS G & A MEETING EXPENSE 121.47 69.38WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 28.89WESTWOOD G & A MILEAGE-PERSONAL CAR 28.29FIELDTRIPSGENERAL SUPPLIES 15.00THE WESTWOOD CREW GENERAL SUPPLIES 141.56 173.81PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC 173.81 13,624.16PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESPLAYPOWER LT FARMINGTON INC 13,624.16 487.90GENERAL REPAIR TIRESPOMP'S TIRE SERVICE INC 487.90 598.66GENERAL FUND BALANCE SHEET CLEARING ACCOUNTPOTTER, ROBERT 598.66 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 16 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 16Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 41.38FINANCE G & A PRINTING & PUBLISHINGPRINT SHOP 41.38 2,860.00PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIPROGRESSIVE CONSULTING ENGINEE 2,860.00 53.45BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIESPUMP & METER SERVICE 53.45 16,308.66SEWER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIQUALITY FLOW SYSTEMS INC 16,308.66 195.40STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQUALITY RESTORATION SERVICES I 195.40 49.08VEHICLE MAINTENANCE G&A GENERAL SUPPLIESQUICKSILVER EXPRESS COURIER 400.00WIRELESS G & A LEGAL SERVICES 449.08 22.50REC CENTER BUILDING TELEPHONEQWEST 22.50 1,825.49FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC 815.84REC CENTER BUILDING GARBAGE/REFUSE SERVICE 78.16WATER UTILITY G&A GARBAGE/REFUSE SERVICE 604.07SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 3,323.56 1,288.00OPERATIONSEMERGENCY PREPAREDNESSREADY WATT ELECTRIC 1,288.00 63.47WATER UTILITY G&A GENERAL CUSTOMERSREILLY, MRS GEORGE 63.47 942.48PRINTING/REPRO SERVICES RENTAL EQUIPMENTRICOH CUSTOMER FINANCE CORP 942.48 144.35GENERAL REPAIR EQUIPMENT PARTSRIGID HITCH INC 144.35 35.04VEHICLE MAINTENANCE G&A GENERAL SUPPLIESRMS RENTALS Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 17 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 17Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 207.48PREVENTATIVE MAINTENANCE EQUIPMENT PARTS 242.52 494.00PLUMBING MTCE BUILDING MTCE SERVICEROTO-ROOTER 494.00 4,350.00ESCROWSPMC ESCROWROTTLUND HOMES 4,350.00 66.56WATER UTILITY G&A GENERAL CUSTOMERSRP MANAGEMENT 66.56 900.00MOVE-UP PROGRAM SERVICES/MRKTG OTHER CONTRACTUAL SERVICESSALA ARCHITECTS INC 900.00 3,363.18PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDISEH 3,363.18 784.15GRAFFITI CONTROL OTHER IMPROVEMENT SUPPLIESSHERWIN-WILLIAMS CO 1,020.28PAINTINGOTHER IMPROVEMENT SUPPLIES 1,804.43 2,168.40DESKTOP SUPPORT/SERVICES DATACOMMUNICATIONSSPRINT 2,168.40 5,147.97GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 20,499.09PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDI 22,622.12PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 30,897.98PE PLANS/SPECS IMPROVEMENTS OTHER THAN BUILDI 125.00CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 80,342.82CE DESIGN IMPROVEMENTS OTHER THAN BUILDI 159,634.98 117.78POLICE G & A SUBSCRIPTIONS/MEMBERSHIPSSTAR TRIBUNE 117.78 1,350.00WATER UTILITY G&A LICENSESSTATE OF MINNESOTA 1,350.00 77.80INSPECTIONS G & A PLUMBINGSTEINKRAUS PLUMBING INC 77.80 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 18 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 18Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 49.65OPERATIONSGENERAL SUPPLIESSTEMMER, LUKE 49.65 184.32WESTWOOD G & A OPERATIONAL SUPPLIESSTITCHIN POST 184.32 219.54SEWER UTILITY G&A EQUIPMENT MTCE SERVICESTRAND MFG CO 219.54 3,330.63EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTSTREICHER'S 3,330.63 91.88WESTWOOD G & A GENERAL SUPPLIESSUBURBAN FEED & SUPPLY 91.88 483.60GENERAL REPAIR TIRESSUBURBAN TIRE WHOLESALE 483.60 15.38-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSSUMMIT SUPPLY CORP OF COLORADO 252.00PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 236.62 472.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESSUN NEWSPAPERS 691.20WATER UTILITY G&A LEGAL NOTICES 1,163.20 946.39WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESSWANSON PROCESS SERVICES 946.39 420.00SOCCEROTHER CONTRACTUAL SERVICESSWANSON, JORDAN 420.00 24.32WATER UTILITY G&A GENERAL CUSTOMERSSZNEWAJS, ANDREA 24.32 1,462.00IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICESTALBERG LAWN & LANDSCAPE INC 1,462.00 37.09GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESTARGET BANK 20.77POLICE G & A OFFICE SUPPLIES 13.50POLICE G & A OPERATIONAL SUPPLIES Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 19 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 19Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 70.85POLICE G & A TRAINING 11.98FIELDTRIPSGENERAL SUPPLIES 77.32SUMMER GRADE 4, 5 GENERAL SUPPLIES 63.91SUMMER GRADE 6-8 GENERAL SUPPLIES 295.42 100.62ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 100.62 84.44GENERAL REPAIR GENERAL SUPPLIESTERMINAL SUPPLY CO 84.44 97.00BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 97.00 8.35WATER UTILITY G&A GENERAL CUSTOMERSTHOR, THOMAS 8.35 105.83INSPECTIONS G & A GENERAL SUPPLIESTILTON, JOHN 105.83 335.75ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 335.75 3,088.50EQUIPMENT REPLACE G&A MACHINERY & AUTO EQUIPMENTTIZIANI GOLF CAR OF MN LLC 3,088.50 10,735.22TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICETOP NOTCH TREE CARE 10,735.22 1,750.00DESKTOP SUPPORT/SERVICES GENERAL PROFESSIONAL SERVICESTRESERA CONSULTING LLC 1,750.00 176.39GROUNDS MTCE LANDSCAPING MATERIALSTRUGREEN CHEMLAWN 176.39 167.40INSPECTIONS G & A BUILDINGTURCO CONSTRUCTION 167.40 24.93PREVENTATIVE MAINTENANCE EQUIPMENT PARTSTURFWERKS LLC 24.93 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 20 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 20Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 949.00OPERATIONSTRAININGTWIN WEST CHAMBER OF COMMERCE 949.00 2,559.60OPERATIONSTRAININGTWL KNOWLEDGE GROUP INC 2,559.60 307.00SUPPORT SERVICES OPERATIONAL SUPPLIESUNIFORMS UNLIMITED 255.00SUPERVISORYOPERATIONAL SUPPLIES 50.48OPERATIONSOPERATIONAL SUPPLIES 612.48 37.90WATER UTILITY G&A TELEPHONEUSA MOBILITY WIRELESS INC 37.90 129.45VEHICLE MAINTENANCE G&A GENERAL SUPPLIESVALLEY NATIONAL GASES WV LLC 8.28SEWER UTILITY G&A GENERAL SUPPLIES 137.73 157.37ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 157.37 1,395.36VOICE SYSTEM MTCE TELEPHONEVERIZON WIRELESS 45.99COMMUNICATIONS/GV REIMBURSEABL TELEPHONE 1,441.35 282.23WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESVESSCO INC 282.23 137.90GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESVIKING DISCOUNT BLINDS 137.90 39.00INSPECTIONS G & A MECHANICALVOGT HEATING & A/C 39.00 11.41WATER UTILITY G&A GENERAL CUSTOMERSWALZ, MRS RALPH 11.41 184.81PARK MAINTENANCE BUDGET OTHER CONTRACTUAL SERVICESWASTE MANAGEMENT 848.12SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,032.93 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 21 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 21Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 482.72WATER UTILITY G&A BUILDING MTCE SERVICEWEBER ELECTRIC 482.72 17,500.00HOUSING LAND TRUST OTHER CONTRACTUAL SERVICESWEST HENNEPIN AFFORDABLE HOUSI 17,500.00 496.50PUBLIC WORKS G & A MEETING EXPENSEWHITE, PERRY 496.50 534.50INSPECTIONS G & A GENERAL SUPPLIESWILLIAMS SCOTSMAN INC 534.50 857.67EMPLOYEE FLEXIBLE SPENDING B/S STATE WITHHOLDINGWISCONSIN DEPT OF REVENUE 857.67 112.50WATER UTILITY G&A GENERAL CUSTOMERSWOJCHIK, KEVIN 112.50 16,584.95WOLFE LAKE OTHER CONTRACTUAL SERVICESWOLFE LAKE ASSOCIATION 16,584.95 133.80INSPECTIONS G & A BUILDINGWRIGHT AT HOME SERVICES INC 133.80 210.00ENGINEERING G & A ENGINEERING SERVICESWSB ASSOC INC 210.00 717.06NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESWYATT, LISA 717.06 3,557.29FACILITY OPERATIONS ELECTRIC SERVICEXCEL ENERGY 163.64PARK BUILDING MAINTENANCE ELECTRIC SERVICE 488.73WESTWOOD G & A ELECTRIC SERVICE 22,251.25ENTERPRISE G & A ELECTRIC SERVICE 799.90WATER UTILITY G&A ELECTRIC SERVICE 10.18OPERATIONSELECTRIC SERVICE 105.96OPERATIONSELECTRIC SERVICE 12.78WIRELESS G & A OTHER CONTRACTUAL SERVICES 27,389.73 4,500.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTYESS! 4,500.00 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 22 09/11/2008CITY OF ST LOUIS PARK 9:07:57R55CKSUM LOG23000VO 22Page -Council Check Summary 09/12/2008 -08/30/2008 Vendor AmountBusiness Unit Object 680.28PUBLIC WORKS OPS G & A SMALL TOOLSZACKS INC 680.28 200.52AQUATIC PARK G & A GENERAL SUPPLIESZEE MEDICAL SERVICE 200.52 Report Totals 948,092.90 Meeting of September 15, 2008 (Item No. 4n) Subject: Vendor Claims Page 23 Meeting Date: September 15, 2008 Agenda Item #: 4o Human Rights Commission Minutes – April 15, 2008 Westwood Room, City Hall I. Call to Order Chair Miller called the meeting to order at 7:05 p.m. A. Roll Call Commissioners Present: Mohammed Abdi, Mary Feldman, Bill Gavzy, Sharon Lyon, Lisa Miller, Stuart Morgan, Joe Polach, Vladimir Sivriver and Shelley Taylor Absent: Helen Fu, Sonja Johnson, Ahmed Maaraba, and Dalton Shaughnessy Staff: Marney Olson, Lt. Lori Dreier and Amy Stegora-Peterson Guest: Pat Swiderski, PAC Liaison B. Approval of Agenda The agenda was approved as presented. C. Approval of Minutes Commissioner Morgan noted his name was spelled incorrectly. It was moved by Commissioner Abdi to approve the minutes of Mach 18, 2008, as amended. The motion passed 9-0. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Ms. Olson noted Commissioner Appreciation event would be held before the May 5th City Council meeting at 6 PM in the Council Chambers. She passed around a flyer about an upcoming film, The Children’s Republic on April 17th. Lt. Dreier stated a letter had been sent regarding the bias crime discussed at a previous meeting. Charges had been filed for an assault. A brochure about the HRC had been included. Meeting of September 15, 2008 (Item No. 4o) Page 2 Subject: Human Rights Commission Minutes April 15, 2008 III. New Business A. Resources/Groups and Organizations for Networking Event Ms. Olson stated that PPL (Project for Pride in Living) and Perspectives were planning a resource fair for Louisiana Court residents some time in June. They are looking to partner with 10-15 community organizations and local services to connect the residents to their resources. She contacted Amanda Herbst at PPL about the event. If the Commission was interested, they could learn from this and about some of the agencies. PPL has done this in other cities and found if it was done on-site, more people attended. Ms. Herbst indicated she could come to a commission meeting to discuss it and they might consider the HRC having a booth at the event. Chair Miller felt the Commission needed to determine the nature of the event they were planning. Ms. Olson indicated she would invite Ms. Herbst to attend the May meeting. B. Vision St. Louis Park Ms. Olson indicated at the last meting they talked about the diversity lens. They had just received some ideas from a graphic designer for a handout/sign. The communications staff had some ideas about animating it and putting it on the web site. Lt. Dreier attended the citywide update on the Vision process and they would be ready to report to Council this summer. There would be a lot going on with trails and sidewalks, etc. They will finish this piece with Council in August. Commissioners indicated they preferred the handout with the photos and most preferred the circle design. It was suggested to make the words “respect” and “reflect” larger and when it was being animated, to alternate the words in between “we” and “us”. Commissioners liked the photos that had been chosen. Ms. Olson would show the updated versions at the next meeting. C. Film Series Commissioner Taylor reported that Commissioner Sivriver had donated several videos in Russian about St. Louis Park children to the Commissions library. The sub-committee had met two times and is trying to pick films. They discussed having 2-3 films and to cover areas that weren’t addressed in the last series (ex. GLBT; Arab, Islam or Post 911 racism; hidden disabilities; SE Asia, they are previewing a film on Hmong women). They wanted to have a great film and a great speaker to go along with it. They will be previewing films before the next meeting, but hadn’t dealt with funding. For the next series, they plan to aggressively advertise and the deadline for the community education booklet is in June and they would hope to chose the films before then. Another ambitious idea they were considering was producing a 30-60 second introduction about the HRC to run before the films. Meeting of September 15, 2008 (Item No. 4o) Page 3 Subject: Human Rights Commission Minutes April 15, 2008 Ms. Olson suggested working with Reg Dunlap the Civic TV coordinator, who would be a good resource. Ms. Olson noted there was probably enough money in the commission budget to cover two to three films. Commissioner Polach suggested the public school district as a resource for films. Dates suggested for films were October 16th and November 13th. Ms. Olson would check availability of the Council Chambers. D. Ice Cream Social Ms. Olson stated the Ice Cream Social is on May 18th from 2-5 PM at Wolf Park. She distributed a sign up sheet for Commissioners to work at the booth that day. They will provide handouts, buttons, have projects for children and hopefully advertise for the film series. V. Set Agenda for Next Meeting ¾ PPL/Amanda Herbst ¾ Vision update ¾ Film Series VI. Adjournment The meeting was adjourned at 7:53 p.m. Meeting Date: September 15, 2008 Agenda Item #: 4p City of St. Louis Park Human Rights Commission Minutes – May 20, 2008 Westwood Room, City Hall I. Call to Order Chair Miller called the meeting to order at 7:05 p.m. A. Roll Call Commissioners Present: Mohammed Abdi, Helen Fu, Sonja Johnson, Ahmed Maaraba, Lisa Miller, Joe Polach, Vladimir Sivriver and Shelley Taylor Absent: Mary Feldman, Bill Gavzy, Sharon Lyon, Stuart Morgan and Dalton Shaughnessy Staff: Marney Olson, Lt. Lori Dreier and Amy Stegora-Peterson Other: Eric Hauge with Home Line and residents from The Edge of Uptown, formerly Park Hill, managed by Goldmark Property Management presented concerns to the Commission about changes in Section 8 policies, increases in rent and potential discrimination by the management company. This was not something under the Commissions jurisdiction and the Commission referred the residents to HUD’s Fair Housing Department. Ms. Olson noted the Housing Authority had been working with HUD on this issue. She would continue to monitor this, but there was currently no role for the Commission. B. Approval of Agenda It was moved by Commissioner Maaraba, seconded by Commissioner Polach, to approve the agenda as presented. The motion passed 8-0. C. Approval of Minutes It was moved by Commissioner Maaraba, seconded by Commissioner Abdi, to approve the minutes of April 15, 2008, as presented. The motion passed 9-0. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Ms. Olson stated that the Children’s First Ice Cream Social was a successful event and the Police Advisory Commission was also represented. Meeting of September 15, 2008 (Item No. 4p) Page 2 Subject: Human Rights Commission Minutes May 20, 2008 III. Unfinished Business - None IV. New Business A. PPL Resource Fair Ms. Olson reported that PPL (Project for Pride in Living) is hosting a resource fair on June 17th at Louisiana Court. They were inviting local resources to attend and share information with residents and connect them to local agencies to use their services. They asked the HRC to provide information at a booth. Commissioners Polach, Taylor and Sivriver volunteered to attend. B. Vision Update Ms. Olson stated the City’s communication staff hoped to have a Vision Diversity Lens design for the website by the June meeting. There are 400 pictures available to use if Commissioners wanted to look through them with her. Commissioner Fu agreed to help. Information about the Commission will be on the City’s web site after it is redesigned. C. Film Series Commissioner Taylor indicated she had watched some of the films that were being considered. Some of the films include: A Dream in Doubt, Being Osama, TV’s Promise Land, and In My Own Skin. She hadn’t gotten information about the costs of the films yet. They were also considering films about anti Arab issues and GLBT family issues. Ms. Olson referred Committee members to John McHugh who runs Community TV if they were interested in using a studio. Commissioner Taylor discussed funding for the 2008 film series. There is money in the budget that can be used towards the film series. The sub committee will meet again to decide films by mid June and discuss advertising. They would need a lot of help to distribute flyers. D. Work Plan Discussion Ms. Olson indicated there was discussion at the last meeting about the PPL resource fair and what the Commission would like to do to connect resources and people together. The Commission discussed forming a sub committee to discuss this Work Plan item and then bring it to the full Commission for further discussion. Meeting of September 15, 2008 (Item No. 4p) Page 3 Subject: Human Rights Commission Minutes May 20, 2008 V. Set Agenda for Next Meeting ƒ Film Series ƒ National Night Out ƒ Work Plan ƒ PPL Resource Fair ƒ Vision Update ƒ Update on tenant situation (if available) VI. Adjournment The meeting was adjourned at 8:16 p.m. Meeting Date: September 15, 2008 Agenda Item #: 4q City of St. Louis Park Police Advisory Commission Minutes – September 3, 2008 Aquila Room, City Hall I. Call to Order Chair Gormley called the meeting to order at 7:01. Commissioners Present: Gage Dennison, Maureen Gormley, Cindy Hoffman, Jim Lanenberg, Justin Noznesky, Jim Smith, and Hans Widmer Staff Present: Chief Luse, Lieutenant Harcey and Ms. Stegora-Peterson. II. Approval of Minutes Commissioner Widmer noted the date should be corrected. Motion to approve the minutes as amended was made by Commissioner Smith, seconded by Commissioner Widmer. The minutes were approved. IV. Golf Tournament Update Commissioner Smith reported there were a couple more sponsors than last year. 26 golfers are registered, a few less than last year. There are 13 hole sponsors at $200 per hole. Donations of gift certificates and gift baskets have been received. Chair Gormley volunteered to pick up coffee (which has been donated) the morning of the event. A BBQ lunch will be served and Commissioner Smith would pick up food prior to the event and be reimbursed by the Crime Fund. They are still trying to recruit more golfers. III. Marketing Campaign Update Lt. Harcey stated the brochure had been distributed at block parties, was available on the front desk of the Police Department and will be sent to block captains. National Night out went well and the police staff attended 120 parties. Over 300 pounds of food was collected for STEP. V. New Business Traffic/Bikes: Commissioner Widmer noted that City Council asked the Commission to consider motorist/bicycle safety at their work session and he would like to move forward on that request. Meeting of September 15, 2008 (Item No. 4q) Page 2 Subject: Police Advisory Commission Minutes September 3, 2008 The Commission discussed what was currently happening and believed more education on laws and expectations could alleviate some issues between motorists, bicyclists and pedestrians. Possible ideas included creating an educational handout that patrol officers could distribute and a cable access program. A sub committee was formed and Commissioners Gormley, Widmer, Hoffman, and Noznesky volunteered to work on the flyer and cable program. Other: Chief Luse reported: ƒ The Police Department held an exercise (an active shooter) at the High School, with School and other City staff, that went well and helped them to learn a lot and test their systems. ƒ A Citizens Academy will be held this fall and he encouraged those commissioners who had not attended to do so. ƒ Graffiti had decreased after a policy was implemented last fall to document all cases (grafitti.net). The policy requires removal and prosecution and is now being shared with other communities. ƒ The Emergency Response team will be attending training at Camp Ripley. ƒ Department staffing had remained stable. ƒ The City is discussing a permitting process for solicitors and he would like the PAC to discuss this more in the future. VI. Adjourn Motion to adjourn was made by Commissioner Smith. The meeting adjourned at 7:50 PM. Meeting Date: September 15, 2008 Agenda Item #: 4r OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA AUGUST 6, 2008--6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Richard Person, Carl Robertson MEMBERS ABSENT: Dennis Morris, Larry Shapiro, Michael Silver STAFF PRESENT: Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of July 2, 2008 and July 16, 2008 Claudia Johnston-Madison made a motion to recommend approval of the minutes. Robert Kramer seconded the motion, and the motion passed on a vote of 5-0. 3. Hearings A. Minnehaha Creek Restoration Methodist Hospital Conditional Use Permit Applicant: Park Nicollet-Methodist Hospital Location: 6500 and 6550 Excelsior Boulevard Case No.: 08-03-CUP Sean Walther, Senior Planner, presented the staff report. He explained that Park Nicollet Methodist Hospital is undertaking a project to realign Minnehaha Creek through their property and an adjacent City-owned parcel between Louisiana Avenue and Excelsior Boulevard. The project, along with changing the alignment of the creek, will also include construction of a boardwalk which will tie into the hospital’s new healing garden behind the Cancer Center. The boardwalk will also provide additional access for the public to the wetland area for recreational and educational purposes. Mr. Walther stated that the item for consideration is a conditional use permit for the grading work that will be done on the site and the export of soil. The project will entail excavating a new creek channel which is a meandering channel that will allow the creek to perform its natural functions and improve water quality. In addition, the old creek channel will be filled in. There will be three depressional wetlands in the old creek bed as well as a new pond to the north of the site. Meeting of September 15, 2008 (Item No. 4r) Page 2 Subject: Planning Commission Minutes August 6, 2008 Mr. Walther noted the boardwalk is proposed as part of the project, but not as part of the conditional use permit. Mr. Walther explained that access for the project will come from the west service dock area of the hospital. The hauling route will occur from the Louisiana driveway, then north to Highway 7. He said the hauling will be handled in a very condensed manner. Most of the soils will be used on-site and moved around from the new creek bed to the old creek bed. Approximately 81 truckloads of soils are expected to leave the site in a two-day period toward the end of the project. Duane Spiegle, Director of Real Estate Services, Park Nicollet Health Services spoke about the background of the project. When PNHS built the Heart and Vascular Center in 2003- 2005 they developed a very strong relationship with the Minnehaha Creek Watershed District. Interpretive artwork was created for a healing environment in the center. Rain gardens were created, grants were received, and the relationship kept developing. Eventually the Watershed District said the whole process PNHS was going through tied into a vision of the Watershed. Mr. Spiegle explained that the Watershed District had been thinking about restoring the creek to its original flow. It had changed over time from a meandering creek in the area by the hospital to a very straight flow. Mr. Spiegle went on to say that over a long period of time they have been working on this and are finally to the point of a project that is completely developed and approved by most of the governmental agencies. It is meant to be a community asset. Commissioner Carper asked staff if the creek is currently concrete lined. Mr. Walther responded it is not concrete lined. It has been channelized over time. Commissioner Persons asked if this site is subject to flooding. Mr. Walther responded it is within the floodplain and does flood periodically. He stated that the review included the DNR and Army Corps of Engineers. A “no rise” certification was completed which means the elevation of the floodplain will not be raised by this project. Commissioner Persons asked if the boardwalk is on solid ground. He asked about the footings. Mr. Walther responded that the boardwalk itself will be on pilings so that it is raised up above the ordinary high water level which allows some benefit for the wildlife. It would be subject to flooding. The boardwalk is a permanent structure and could withstand that. Chair Robertson asked about the material of the boardwalk. Mr. Walther said it was a wood material with stainless steel cable railing. Meeting of September 15, 2008 (Item No. 4r) Page 3 Subject: Planning Commission Minutes August 6, 2008 Commissioner Kramer asked staff to point out the current creek and how it became straightened. He asked if it was naturally occurring. Mr. Walther pointed out the creek on an aerial photo and the proposed meandering channel. He said the straightening may have happened naturally over time. He commented that it is not unusual in urban areas for the straightening to be man made in order to reclaim some land. Commissioner Kramer asked about the conditional use permit process for this project. Mr. Walther said that the conditional use permit relates primarily to the impacts to the streets and neighborhood during the construction period. Staff has reviewed the erosion control plan. There will be a permitting process for the erosion control plan. The conditional use permit review includes hours of operation, duration, and truck hauling route. Chair Robertson asked the proposed time frame. Mr. Walther answered that the project may begin in October. There will only be two days of actually exporting soils from the site. He said he was not sure of the timeline for the entire project. Commissioner Persons asked about canoeing in the area. Mr. Walther said there is a canoe landing just west of this area on the other side of Louisiana. Commissioner Carper asked if the creek depth would be manageable for canoeing. Mr. Walther responded the depth will not change from current conditions. Commissioner Carper inquired about the measures that would be taken to prevent the creek from going back to the former channel. Mr. Walther said that there are measures in place. These are basically provided through fabric covered soil and rip rap berms, and large timber logs to block and divert the water so it does not go back into the old channel. Chair Robertson asked about a long term maintenance program. Mr. Walther said he was not aware of a long-term program to maintain the new channel, but the vegetation program and plan for this area is a 3-year term. Chair Robertson opened the public hearing. As no one was present wishing to speak, the public hearing was closed. Meeting of September 15, 2008 (Item No. 4r) Page 4 Subject: Planning Commission Minutes August 6, 2008 Commissioner Kramer made a motion recommending approval of a Conditional Use Permit with conditions to allow export of more than 400 cubic yards of soil at 6500 and 6550 Excelsior Boulevard. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 5-0. 4. Other Business 5. Communications 6. Adjournment The meeting was adjourned at 6:18 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting Date: September 15, 2008 Agenda Item #: 4s MINUTES St. Louis Park Housing Authority St. Louis Park City Hall, Westwood Room Wednesday, July 16, 2008 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Renee Fitzgerald, Trinicia Hill, Judith Moore STAFF PRESENT: Jane Klesk, Kevin Locke, Teresa Schlegel, Michele Schnitker OTHERS PRESENT: Brock Keaton, 2008 NAHRO Scholarship Award recipient 1. Call to Order The meeting was called to order at 5:04 p.m. 2. Approval of Minutes for May, 2008 The Board minutes of May14, 2008 were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Presentation of NAHRO Scholarship Certificate Ms. Schnitker introduced Brock Keaton, 2008 NAHRO Scholarship Award recipient. Commissioner Courtney presented Mr. Keaton with the two year, $500 scholarship award certificate. Mr. Keaton addressed the Board, explaining his interest in business and law. Meeting of September 15, 2008 (Item No. 4s) Page 2 Subject: Housing Authority Minutes July 16, 2008 2 b. Election of Officers Ms. Schnitker presented the current slate of officers. Commissioner Moore moved to approve the current slate of officers as Chair, Catherine Courtney, Vice-Chair, Steve Fillbrandt, and Secretary, Renee Fitzgerald. Commissioner Fitzgerald seconded the motion. The motion passed 5-0. c. Approval of Amendment to the Occupancy Policy Late Fee Rent Policy, Resolution No. 573 Ms. Schnitker explained staff’s proposal to increase the late fee to $35 from $20, and the rent due date to the 5th of the month from the 10th of the month. Staff feels these changes will act as a deterrent to paying rent late and result in a reduced administrative burden required to process late notices. After discussion, Commissioner Fillbrandt requested that staff track and report back to the Board the results of the changes. Commissioner Moore moved to approve Resolution No. 573, Resolution of the Housing Authority of St. Louis Park, Minnesota, Amending the Public Housing Leasing and Occupancy Plan, Part Five, III, Fees and Charges, Increasing the Late Rent Fee and Changing the Date that the Late Fee is Assessed. Commissioner Fitzgerald seconded the motion, and the motion passed 5-0. d. Contract Approval for Architectural Services for the Capital Fund Program Ms. Schlegel reported that based on staff analysis and HUD’s recommendations, it was determined that the smaller capital improvement items will be administered by HA staff; however, the larger and more complex items will be administered by an architect. The HA has renegotiated a reasonable fee with Studio Five Architects. Commissioner Fillbrandt moved to approve the contract with Studio Five Architects for architectural services for the upcoming capital improvement work, at a base fee of $23,379, plus up to $3,000 for reimbursables, for a total fee of $26,379. Commissioner Moore seconded the motion, and the motion passed 5-0. e. Scattered Site Slide Presentation Ms. Schlegel presented a slide show on several scattered site properties. 7. Communications from Executive Director a. Claims List June and July – 2008 Meeting of September 15, 2008 (Item No. 4s) Page 3 Subject: Housing Authority Minutes July 16, 2008 3 b. Communications 1. Monthly Report June and July – 2008 2. Development Report 3. Scattered Site Houses and Hamilton House (verbal report) 4. Draft Financial Statements – Report 8. Other 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Fillbrandt seconded the motion. The motion passed 5-0. The meeting was adjourned at 5:52 p.m. Respectfully submitted, __________________________ Renee Fitzgerald, Secretary Meeting Date: September 15, 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: First Reading of Ordinance Amendments Relating to Dogs. RECOMMENDED ACTION: Motion to Adopt First Reading of Ordinance amending Sections 4-81 through 4-89 concerning dogs and set second reading for October 6, 2008. POLICY CONSIDERATION: Does the City Council wish to amend City ordinance Sections 4-81 through 4-89 to achieve alignment with changes made by the Minnesota legislature relative to dangerous and potentially dangerous dogs? Does the City Council wish to amend City ordinance Sections 4-81 through 4-89 to clarify existing code provisions dealing with dog impoundment procedures, leash length and the term “service dogs”? BACKGROUND: Staff met with the City Council at several study sessions during the past five months to discuss the need for changes in our ordinance concerning the regulation of dogs. The Minnesota legislature has made changes related to “dangerous” and “potentially dangerous” dogs, and the proposed ordinance creates alignment with state law including definitions, behaviors and requirements. In addition, Council asked staff to research the existence of off leash voice command ordinances, leash length and terminology related to guide/service dogs. On September 8, 2008, staff reported back to Council with the research results and provided a draft of the ordinance including language requested for off leash voice control. Council directed that the off leash voice control language be deleted from Section 4-84 (b)(2), that changes be made regarding service dogs, and that the ordinance then be brought forward for first reading. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Proposed Ordinance Prepared by: John Luse, Chief of Police Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 8a) Page 2 Subject: First Reading of Ordinance Amendments Relating to Dogs ORDINANCE NO. ____ -08 ORDINANCE AMENDING ARTICLE III, CHAPTER 4 OF THE CITY CODE OF THE CITY OF ST. LOUIS PARK, MINNESOTA, CONCERNING DOGS. THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, ORDAINS: SECTION 1. Sections 4-81 through 4-89 are hereby amended by deleting and adding the language as follows: Sec. 4-81. Purpose. The purpose of this Article is to enact regulations governing dogs, dangerous dogs, potentially dangerous dogs, and to provide for dog enforcement procedures. Sec. 4-82. Findings of the City Council. The City Council of the City makes the following findings of fact regarding the need to regulate and license dogs: (a) The regulation of dogs is found by the City Council to be necessary in order to protect the health and safety of the community. Dogs at large can expose human beings and other animals to danger; can cause damage to public and private property; can exacerbate the existing overpopulation of dogs; can disrupt the quiet enjoyment of residential areas and parks; and can expose human beings and other animals to unsanitary and unhealthy conditions. (b) The improper impoundment or enclosure of dogs can constitute a public health nuisance. Nuisances can be created by site, odor, noise, and sanitation problems associated with improper dog enclosures and impound facilities. (c) The regulation of dangerous and potentially dangerous dogs is deemed necessary by the City in light of the threat such dogs pose to the safety of human beings and other animals in the community. Dogs deemed to be dangerous or potentially dangerous pose a serious risk to the health and safety of the community. (d) Procedures for determining whether a dog is dangerous or potentially dangerous to the community are warranted. The procedures prescribed herein balance the interest in immediate public protection from dangerous and potentially dangerous dogs with reasonable due process rights of dog owners. Sec. 4-83. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal Control Authority means the city police officers, community service officers, and the animal control officer. Meeting of September 15, 2008 (Item No. 8a) Page 3 Subject: First Reading of Ordinance Amendments Relating to Dogs Dangerous dog means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner’s property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Dog means any male or female of any breed of a domesticated dog. Great bodily harm has the meaning given to it under Minn. Stat. § 609.02, subd. 8. Own means to keep, harbor, or have control, charge, or custody of a dog. Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Potentially dangerous dog means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. Substantial bodily harm means bodily injury that involves a temporary or permanent but substantial disfigurement, or which causes temporary or permanent but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Meeting of September 15, 2008 (Item No. 8a) Page 4 Subject: First Reading of Ordinance Amendments Relating to Dogs Sec. 4-84. General dog regulations. (a) License. All dogs shall be licensed in compliance with section 8-626. The license tag must be displayed on the dog at all times. (b) Dogs running at large. (1) No person who owns, harbors or keeps a dog shall allow the dog to run at large within the corporate limits of the city except in a designated off-leash dog area after obtaining a permit in accordance with section 20-6 of this ordinance. (2) A dog shall be deemed to be running at large if the dog is off the premises of the person who owns, harbors or keeps the dog, and not under the control of that person or a designee. “Under control” means the dog is controlled by a leash no more than twenty (20) feet long, which is shortened to six (6) feet when another person or animal is within twenty (20) feet. (3) The term "premises," when used in this chapter, means the usual place of residence, including a building, structure or shelter and any land appurtenant thereto, of a person who owns, harbors or keeps a dog, whether domesticated or non- domesticated; or the dog owned, harbored or kept by such a person. (c) Barking dogs. No person shall own, harbor, keep or possess any dog that by loud and frequent barking, howling or yelping, causes noise, disturbance or annoyance to persons residing in the vicinity of the dog. (d) Certain dogs declared a public nuisance. Every dog that runs at large or barks or causes disturbance, annoyance or noise in violation of any provision of subsections (b) or (c) of this section is hereby declared a public nuisance, and it is unlawful to own, harbor or keep such a dog. (e) Removal of excrement. (1) It is unlawful for any person to cause or permit a dog to be on any property, public or private, not owned or possessed by that person, unless that person is carrying at the time a device for the removal of excrement and a depository for the transmission of excrement to a proper receptacle located upon property owned or possessed by that person. (2) It is unlawful for any person who causes or permits any dog to be on any property, public or private, not owned or possessed by that person, to fail to remove excrement left by that dog to a proper receptacle located on property owned or possessed by that person. (3) The provisions of this section do not apply to dogs when used by the city in connection with police activities, or tracking dogs when used by or with the permission of the city. Meeting of September 15, 2008 (Item No. 8a) Page 5 Subject: First Reading of Ordinance Amendments Relating to Dogs (f) General duty of owners. Every owner of a dog must exercise reasonable care and take all necessary steps and precautions to protect other people, property and animals from injuries or damage that might result from the dog’s behavior, regardless of whether such behavior is motivated by playfulness or ferocity. Sec. 4-85. Animal boarding facility. The city council shall from time to time designate a place as the city animal boarding facility where suitable arrangements are made for keeping and maintaining any domesticated animals that may be seized or taken into custody by any officer of the city pursuant to this article. Sec. 4-86. Dog impoundment procedures. (a) Impoundment of dogs. The Animal Control Authority may impound any dogs found in the city without a tag or found running at large, harbored or kept contrary to any provisions of this article. (b) Notice. The Animal Control Authority shall, without delay, notify the owner, personally or through the United States mail, if the owner is known to the Animal Control Authority or can be ascertained with reasonable effort. (c) Redemption of impounded dogs. Any impounded dog shall be kept for five (5) regular business days by the city. For the purpose of this section, “regular business day” means a day during which the Animal Control Authority having custody of the dog is open to the public at least four consecutive hours between 8:00 a.m. and 7:00 p.m. The owner may redeem the dog by payment to the city treasurer of the current dog license fee, plus a penalty of an amount set from time to time by the city by resolution or ordinance, and an impounding fee according to the following schedule: (1) When any one person has had a dog picked up and impounded one or more times during any consecutive 12-month period, the impounding charges shall be as set from time to time by the city by resolution or ordinance. (2) In addition to the charges required under subsection (1) of this section, a sum for each day, as set from time to time by the city by resolution or ordinance, will be charged for board for each day or part thereof during the time the dog is impounded. The boarding fees may be paid on authorization of the city council to its agent, pursuant to any contract currently in effect providing for the impounding of dogs within the city and its kennels. (d) Impounded dogs not reclaimed. If the owner does not reclaim the dog impounded under this section within five (5) regular business days after impounding, the dog will be disposed of pursuant to Minn. Stat. § 35.71, subd. 3. The owner will be responsible for the costs of confiscation, boarding, and destruction. Meeting of September 15, 2008 (Item No. 8a) Page 6 Subject: First Reading of Ordinance Amendments Relating to Dogs (e) Records. The Animal Control Authority must maintain the following records of the dogs in custody and preserve the records for at least six (6) months: (1) the description of the breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and (5) the name and address of the person to whom any animal three months of age or over was transferred. Sec. 4-87. Destruction of Dogs in Certain Circumstances. (a) Certain dogs may be destroyed. Upon notice to the owner and an opportunity for a hearing, a dog may be seized and destroyed in a proper and humane manner upon a finding of any of the following: (1) the dog has destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; (2) the dog is a public nuisance as defined by section 4-84(d); or (3) if the owner is in violation of quarantine under section 4-2, the dog may be seized and impounded, and destroyed at the end of the quarantine period. (b) Request for hearing. Within fourteen (14) days of the notice that the Animal Control Authority seeks to destroy the dog, the owner of the dog may request a hearing on the destruction. Failure to do so within fourteen (14) days of the date of the notice will terminate the owner’s right to a hearing under this section. (c) Hearing procedure. (1) A hearing must be held fourteen (14) days after receipt of the request. (2) The hearing officer shall be the City Manager or other impartial city employee or person designated by the City Manager to conduct the hearing. “Impartial” means that the hearing officer did not have any direct involvement in the original determination that the dog is a dangerous dog or that the dog should be destroyed. (3) At the hearing, the parties shall have the opportunity to present evidence in the form of exhibits and testimony. Each party may question the other party’s witnesses. The strict rules of evidence do not apply and the records of the Animal Control Authority officer are admissible without further foundation. (4) The City Manager or designee shall make a determination whether the dog shall be destroyed. The decision is final and there is no right to further administrative appeal. Sec. 4-88. Regulations regarding dangerous dogs. (a) Determination of dangerous dog by city. An Animal Control Authority officer shall determine that a dog is a dangerous dog if the officer believes, based upon the officer's professional judgment that the dog has: Meeting of September 15, 2008 (Item No. 8a) Page 7 Subject: First Reading of Ordinance Amendments Relating to Dogs (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been determined to be a potentially dangerous dog, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. (b) Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: (1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) who was committing or attempting to commit a crime. (c) Destruction of dangerous dog. Upon a declaration by an Animal Control Authority officer that a dog is dangerous pursuant to Minnesota Statutes, chapter 347, the dog shall be impounded immediately if the Authority intends to seek the dog’s destruction pursuant to this subsection and Minn. Stat. § 347.56. (1) Circumstances. A dog may be destroyed in a proper and humane manner by the Animal Control Authority if the dog: (a) inflicted substantial or great bodily harm on a human on public or private property without provocation; (b) inflicted multiple bites on a human on public or private property in the same attack without provocation; (c) bit multiple human victims on public or private property in the same attack without provocation; or (d) bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. (2) Notice. The Animal Control Authority must provide notice of its intention to destroy a dangerous dog pursuant to subsection (d) of this section. (3) Appeal and hearing procedure. The appeal and hearing procedure shall be as set forth in subsections (f) and (g) of this section. (d) Notice of dangerous dog. Upon a determination by an Animal Control Authority officer that a dog is dangerous pursuant to this chapter, the Animal Control Authority shall provide a notice of this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include: (1) a description of the dog deemed to be dangerous; the authority for and purpose of the dangerous dog declaration and seizure, if applicable; the time, place, and circumstances under which the dog was declared dangerous; and if seized, the telephone number and contact person where the dog is kept, if seized; (2) the name of the officer making the determination; (3) a statement as to whether the dog’s destruction is being sought by the City pursuant to subsection (c) of this section and Minn. Stat. § 347.56; Meeting of September 15, 2008 (Item No. 8a) Page 8 Subject: First Reading of Ordinance Amendments Relating to Dogs (4) a description of the requirements with which the owner must comply under subsection (e) of this section; (5) a statement of the criminal penalties for violating requirements pertaining to dangerous dogs; (6) a statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within fourteen (14) days of the date of the notice will terminate the owner’s right to a hearing under this subsection; (7) a statement that if an appeal request is made within fourteen (14) days of the notice, the owners must immediately comply with the requirements of subsections (e) (3) and (8) and until such time as the hearing officer issues an opinion; (8) a statement that if the hearing officer affirms the dangerous dog declaration, the owner will have fourteen (14) days from receipt of that decision to comply with subsection (e) and all other requirements of Minnesota Statutes, sections 347.51, 347.515, and 347.52; (9) a form to request a hearing under this section; and (10) a statement that all actual costs of the care, keeping, and disposition of the seized dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. (e) Dangerous dog requirements. If an Animal Control Authority officer does not order the destruction of the dog pursuant to subsection (c), within fourteen (14) days of receipt of the notice that the dog has been declared dangerous, the owner must: (1) register the dog as a dangerous dog, pursuant to Minn. Stat. § 347.51 in the city and renew the registration annually until the dog is deceased. The owner shall pay the fee set from time to time by the city by resolution or ordinance; (2) license the dog as a dangerous dog and photograph the dog on an annual basis; (3) keep the dog at all times, while on the owner’s property, in a proper enclosure; (4) secure surety coverage or liability insurance as required by Minn. Stat. § 347.51, subd. 2(2), insuring the owner for any personal injuries inflicted by the dangerous dog; (5) if the dog is outside the proper enclosure, keep the dog muzzled and restrained by a substantial leash or chain and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal, but that will not cause injury to the dog or interfere with its vision or respiration; (6) have a microchip implanted in the dog for identification and provide the City with the name of the microchip manufacturer and the serial identification number; (7) have the dog sterilized at the owner’s expense. If the owner does not have the animal sterilized within 30 days, the Animal Control Authority shall seize the dog and have it sterilized at the owner’s expense; (8) notify the Animal Control Authority in writing of the death of the dog or its transfer to a new location where the dog will reside within 30 days of the death or transfer and execute an affidavit under oath setting forth either the circumstances of the dog’s Meeting of September 15, 2008 (Item No. 8a) Page 9 Subject: First Reading of Ordinance Amendments Relating to Dogs death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated; (9) for a person who transfers ownership of a dangerous dog, notify the new owner that the Animal Control Authority has identified the dog as dangerous. The current owner must also notify the Animal Control Authority in writing of the transfer or ownership and provide the Animal Control Authority with the new owner’s name, address, and telephone number; (10) for a person who owns a dangerous dog and who rents property from another where the dog will reside, disclose to the property owner prior to entering a lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property; (11) post a clearly visible warning sign that there is a dangerous dog on the property, including a warning symbol to inform children; and (12) affix to the dog’s collar at all times, a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol. (f) Appeal of the dangerous dog designation or destruction of dog. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer. The owner of the dog may request in writing a hearing on the designation or on the destruction within fourteen (14) days of the date of the notice. Failure to timely appeal the determination will terminate the owner’s right to a hearing under subsection (g). The owner’s request for a hearing must be submitted on a form to the City Clerk. The form will be provided by the City Clerk. The form must contain the following information: (1) the full name, address, daytime and evening telephone numbers of the person requesting an appeal; (2) the full name and address of all of the dog’s owners; (3) the ownership interest of the person requesting the appeal; (4) the names of any witnesses to be called at the hearing; (5) a list and copies of all exhibits to be presented at the hearing; and (6) a summary statement as to why the dog should not be declared dangerous. (g) Hearing procedure. (1) Any hearing must be held within fourteen (14) days of the request to determine the validity of the dangerous dog declaration or destruction of a dangerous dog. The city shall mail written notice of the hearing to the owner requesting the hearing to the address provided on the request and to any person who was in the past a victim of the actions of the dog that is the subject of the hearing. (2) The hearing officer shall be the City Manager or designee or other impartial city employee or an impartial person designated by the City Manager to conduct the hearing. “Impartial” means that the hearing officer did not have any direct involvement in the original determination that the dog is a dangerous dog or that the dog should be destroyed. (3) At the hearing, the parties shall have the opportunity to present evidence in the form of exhibits and testimony. Each party may question the other party’s witnesses. The Meeting of September 15, 2008 (Item No. 8a) Page 10 Subject: First Reading of Ordinance Amendments Relating to Dogs strict rules of evidence do not apply and the records of the Animal Control Authority officer are admissible without further foundation. (4) The City Manager or designee shall make written findings of fact and reach a written conclusion as to whether the dog is a dangerous dog pursuant to subsection (a) of this section or whether the dog is subject to destruction under subsection (c) and Minn. Stat. § 347.56 within ten (10) days after the hearing. The decision must be delivered to the dog’s owner by hand delivery or registered mail as soon as practical and a copy must be provided to the Animal Control Authority. (5) The decision of the City Manager or designee is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a Writ of Certiorari not more than thirty (30) days after service of the City Manager or designee’s written decision. (6) In the event that the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner. (h) Annual review of dangerous dog designation. (1) Beginning six months after a dog is declared dangerous, the owner may request annually that the city review the designation by serving upon the city a written request for review that includes the full name, address and telephone numbers of the requestor, a list of the names and addresses of all owners of the dog, and a summary of the basis for the claimed change in the dog’s behavior. The owner must submit the fee as set from time to time by the city by resolution or ordinance along with the request for review. (2) If the Animal Control Authority finds sufficient evidence that the dog’s behavior has changed, the Authority may rescind the dangerous dog designation. (i) Violation of dangerous dog requirements. (1) The Animal Control Authority shall immediately seize any dangerous dog if: (a) after fourteen (14) days the owner has notice that the dog is dangerous, the dog is not validly registered pursuant to subsection (e)(1) and Minn. Stat. § 347.51; (b) after fourteen (14) days after the owner has notice the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage pursuant to subsection (e)(4) and Minn. Stat. § 347.51, subd. 2; (c) the dog is not maintained in a proper enclosure pursuant to subsection (e)(3) and Minn. Stat. § 347.52; (d) the dog is outside the proper enclosure and not under physical restraint of a responsible person pursuant to subsection (e)(5) and Minn. Stat. § 347.52; or (e) the dog is not sterilized within thirty (30) days pursuant to subsection (e)(7) and Minn. Stat. § 347.52(d) (2) If the owner of the dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner and the owner pay the costs incurred in confiscating, confining, and destroying the dog. Meeting of September 15, 2008 (Item No. 8a) Page 11 Subject: First Reading of Ordinance Amendments Relating to Dogs (3) The dangerous dog may be reclaimed by the owner upon payment of impounding and boarding fees as set from time to time by the city by resolution or ordinance and presenting proof to the Animal Control Authority that the dangerous dog requirements will be met. A dangerous dog not reclaimed within seven (7) days may be disposed of pursuant to Minn. Stat. § 35.71, subd. 3, and the owner is liable for all costs incurred in confining and disposing of the dog. (4) If the owner has been convicted for violating dangerous dog requirements and the owner is charged with a subsequent violation relating to the same dog, the dog must be seized by the Animal Control Authority. If the owner is convicted for the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the costs of confining and destroying the dog. If the owner is not convicted and the dog is not reclaimed within seven (7) days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of pursuant to Minn. Stat. § 35.71, subd. 3. (j) Ownership restrictions. (1) Dog ownership prohibited. Except as provided for in subsection (3), no person may own a dog if the person has: (a) been convicted of a third or subsequent violation of Minnesota Statutes, sections 347.51, 347.515, or 347.52; (b) been convicted of a violation under Minn. Stat. § 609.205(4); (c) been convicted of a gross misdemeanor under Minn. Stat. § 609.226, subd. 1; (d) been convicted of a violation under Minn. Stat. § 609.226, subd. 2; or (e) had a dog ordered destroyed under Minn. Stat. § 347.56 and been convicted of one or more violations of Minnesota Statutes, sections 347.51, 347.515, 347.52, or 609.226, subd. 2 (2) Household members. If any member of a household is prohibited from owning a dog in subsection (1), unless specifically approved with or without restrictions by an Animal Control Authority, no person in the household is permitted to own a dog. For purposes of this section, a “household” means any group of persons living together as one housekeeping unit. (3) Dog ownership prohibition review. Beginning three (3) years after a conviction under subsection (1) that prohibits a person from owning a dog, and annually thereafter, the person may request that the animal control authority review the prohibition. The Animal Control Authority may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the Animal Control Authority deems appropriate. The Animal Control Authority may rescind the prohibition entirely or rescind it with limitations. The Animal Control Authority also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the Animal Control Authority rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the Animal Control Authority or the person is Meeting of September 15, 2008 (Item No. 8a) Page 12 Subject: First Reading of Ordinance Amendments Relating to Dogs convicted of any animal violation involving unprovoked bites or dog attacks, the Animal Control Authority may permanently prohibit the person from owning a dog in this state. Sec. 4-89. Regulations regarding potentially dangerous dogs. (a) Determination of potentially dangerous dog by city. An Animal Control Authority officer shall determine that a dog is a potentially dangerous dog if the officer believes, based upon the officer's professional judgment that a dog has: (1) when unprovoked, inflicted bites on a human or domestic animal on public or private property; (2) when unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (b) Notice of potentially dangerous dog. Upon a determination by an Animal Control Authority officer that a dog is potentially dangerous pursuant to this chapter, the Authority shall provide a notice of this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include: (1) a description of the dog deemed to be potentially dangerous; the authority for and purpose of the potentially dangerous dog declaration; the time, place, and circumstances under which the dog was declared potentially dangerous; (2) the identity of officer who has made the determination; (3) a description of the requirements with which the owner must comply under subsection (c) of this section; (4) a notice that if the dog endangers the safety of humans or domestic animals again, it will be considered a dangerous dog; (5) the criminal penalties for violation of the requirements pertaining to potentially dangerous dogs; and (6) a statement the owner of the dog may request a hearing concerning the potentially dangerous dog declaration and that failure to do so within fourteen (14) days of the date of the notice will terminate the owner’s right to a hearing under this subsection. (c) Potentially dangerous dog requirements. Within fourteen (14) days of receipt of the notice that the dog has been declared potentially dangerous, the owner must: (1) have a microchip implanted in the dog for identification, and the name of the manufacturer and identification number of the microchip must be provided to the Animal Control Authority within fourteen (14) days of the designation; and (2) register and license the dog as a potentially dangerous dog and photograph the dog on an annual basis. (d) Appeal and Hearing Procedure. The appeal and hearing procedure for a potentially dangerous dog shall be as set forth in section 4-88(f) and (g) relating to dangerous dogs. Meeting of September 15, 2008 (Item No. 8a) Page 13 Subject: First Reading of Ordinance Amendments Relating to Dogs Sec. 4-90. Complaint procedures. Any person may file a complaint of a dangerous dog or potentially dangerous dog as defined in this chapter with the Animal Control Authority. SECTION 2. Effective Date: This ordinance becomes effective on the date of its publication. First Reading September 15, 2008 Second Reading October 6, 2008 Date of Publication Date Ordinance takes effect Reviewed for Administration: Adopted by the City Council October 6, 2008 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting Date: September 15, 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: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe. RECOMMENDED ACTION: Motion to Adopt Resolution approving a Final Plat with easement variances and Final Planned Unit Development (PUD) approval for a five story mixed use building with commercial uses on the ground floor and senior residential on the upper floors with conditions as recommended by the Planning Commission and Staff. POLICY CONSIDERATION: This request is consistent with the Elmwood Land Use, Transit and Transportation Study which recommends a mix of uses in this area, including first floor commercial. BACKGROUND: The applicant is proposing to construct a five story, mixed use, senior residential housing complex at the southeast corner of 36th Street West and Wooddale Avenue South. The building is proposed to include 156 senior dwelling units on the second through fifth floors, and approximately 26,000 square feet of commercial space along 36th Street and Wooddale Avenue. The proposal is a senior “age in place” facility, meaning the residents can move into the complex at a time in their life when they do not need any services. Services may be added as their health requires. Services range from monitoring medication to complete memory care. A facility such as this has many advantages such as the ability to keep couples and friends together in the same building, even though each individual’s health changes, requiring greater or specialized care. The proposed dwelling units break down into the following categories: “Independent Living” units occupied by people who do not need care or services offered by the facility. Independent living units are essentially apartment units. The occupants may own a car and can come and go without restrictions. There are proposed to be a total of 66 independent living units located on the fourth and fifth floors. “Assisted Living” units occupied by seniors who need or request additional services. Residents in these units may come and go and may own a car. There are proposed to be 56 assisted living units located on the third and fourth floors. “Memory Care” units occupied by seniors who need specialized care for memory related diseases. The occupants have limited access to the second floor only and will not own a car. There are 32 memory care units proposed on the second floor. Meeting of September 15, 2008 (Item No. 8b) Page 2 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe “Guest Suites” are dwelling units available to guests on a temporary basis. There are two guest suites proposed on the second floor. The proposed commercial uses consist of uses that are open to the public, and some that are open to the residents only. The proposed commercial uses are as follows: Uses open to the general public. These uses would be located primarily along 36th Street: • 8,000 square foot grocery store • 2,300 square foot deli (Includes sidewalk seating at the corner of 36th and Wooddale.) • 850 square foot fitness center • 600 square foot salon • Lobby & pedestrian corridor Uses open to residents only. These uses would be located along Wooddale Avenue: • 4,200 square foot dining area. • 1,600 square foot club room • 1,400 square foot office • 2,300 square foot community room • Lobby & lounge Previous Use: In 2001 Quadion Corp. closed its manufacturing facility at 3630 Wooddale Avenue. Quadion owned property on both sides of Wooddale Ave, south of 36th Street, including the subject property. In 2003, the buildings were removed, and the west side was redeveloped by Rottlund Corp. as Village in the Park I (VIP I). In 2005, Rottlund submitted a Preliminary Plat and Preliminary PUD application to redevelop the east side (subject property) with a mixed use senior building known as Village in the Park II (VIP II). The Preliminary Plat and Preliminary PUD was approved, however, Rottlund withdrew the applications for Final Plat and Final PUD, and the preliminary approvals have expired. The subject property was reguided and rezoned from industrial to mixed-use in August, 2003, in conformance with the Elmwood Area Land Use, Transit, & Transportation Study completed in January 2003. VIP I SITE Quadian site Meeting of September 15, 2008 (Item No. 8b) Page 3 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Zoning Analysis: The proposal meets most requirements of the Zoning Ordinance. Some exceptions may be approved as outlined in the Mixed Use Zoning District (MX) and the Planned Unit Development (PUD) provisions of the Zoning Ordinance if the City concludes they meet the intent and criteria outlined in the MX and PUD provisions. Residential Density: There are 156 residential units proposed. 32 of the units, however, are memory care units, and as such, do not meet the definition of dwelling units because the residents will be dependent upon staff for meals and care. The remaining 124 senior living units meet the definition of dwelling units, in that a kitchen is provided in each unit so they function as a separate dwelling unit. Therefore, for purposes of determining compliance with the maximum allowed density, only the 124 dwelling units were counted. Parking: The proposal is a mixed use development that includes reductions in parking. Proposed are 178 parking stalls which reflect a 14% reduction from the required 206 spaces. Factor Required Proposed Met? Use Mixed-use/Residential Mixed-use/Residential Yes Lot Area 2.0 acre site 2.13 acre site Yes Density 50 units per acre 75 units per acre (with conditions) 58 units per acre Yes Height N/A 64 feet Yes Off-Street Parking Required 216 (Up to 30% reduction allowed.) Provided 178 (Represents 14% reduction) Yes (See parking discussion below) Setbacks PUD modifications are requested – See analysis below. Yes Non-Residential Floor Area Ratio N/A 0.78 Yes Ground Floor Area Ratio N/A 0.39 Yes Open Area/DORA 9,306 sf (12%) 20.478 sf (26%) Yes Trees No existing trees 37 Trees 19 Ornamental trees Yes Transit service None required Limited bus Future light rail Yes Stormwater Required city and watershed standards Regional storm water pond at Hoigaard Village site Yes Meeting of September 15, 2008 (Item No. 8b) Page 4 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe As illustrated in the table to the left, per the zoning ordinance, the proposed uses require a total of 206 parking spaces. The MX district allows the City Council to reduce the required parking by up to 30% if the proposal utilizes shared parking between the uses. A full 30% reduction would reduce the required parking to 144 spaces. (This is shown for illustrative purposes only, the applicant is not asking for the full 30% reduction.) The applicant proposes a total of 178 parking spaces consisting of 112 underground spaces, 41 covered spaces at ground level along Yosemite Ave, six on-street spaces along Wooddale Ave, 10 on-street spaces along 36th St, and nine on-street spaces along Yosemite Ave. Approximately 60 underground spaces would be for the private use of the residents and assisted living facility staff, the remaining 52 underground spaces would be available to commercial tenant staff, customers, and guests of the residents. The owner of the adjacent property raised concerns that their will not be sufficient parking available for his business. The proposed parking improved over the approved Preliminary PUD by increasing the number of parking stalls from 176 to 178 spaces and decreasing the amount of parking required per zoning from 212 to 206 spaces. The required parking was decreased by reducing the size of the café from 3,300 to 2,300 square feet. The changes to parking include two fewer spaces in the at- grade structured parking, and four additional on-street spaces. Two on 36th St, and two on Yosemite Ave. In addition to the public on-street parking, the applicant is also willing to make the 41 at grade structured parking spaces located adjacent to Yosemite Ave available to the general public. A condition was added to the recommended resolution requiring these spaces to be available to the public. The applicant also raised concerns about the volume of traffic on Yosemite Ave resulting from deliveries and customers and employees of the proposed facility. The guests, visitors and employees of the residential facility will be using the below grade parking which does not utilize Yosemite Ave for access, and therefore, cannot increase traffic on Yosemite Ave. The employees and customers of Required # Of Spaces 32 memory care residential units 6 124 senior units 124 Restaurant 2,300 sf (Deli/Coffee shop) 38 Commercial (9,450 sf) 38 Minimum Required without reductions 206 Maximum allowed reduction – 30% (62) Possible Minimum 144 Proposed # Of Spaces Underground spaces 112 At grade structured parking 41 on-street parking 25 Total provided 178 Meeting of September 15, 2008 (Item No. 8b) Page 5 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe the commercial uses also may use the below grade parking if they desire. Yosemite Ave is a public right-of-way that is used for access to the alley behind the adjacent property, and parking for the adjacent properties. It will continue to be used in this manner, with the only change being that it will also provide access to the 41 at grade public parking spaces. Deliveries will be made to the proposed facility from Yosemite Ave. The deliveries, however, will be made before 9 am, so they will not conflict with customer and employee parking. The owner of the adjacent property asked that the access to the 41 structured parking spaces be made directly and only from 36th Street. This would require a new driveway to 36th Street located approximately 25 feet from the 36th St/Yosemite Ave intersection. A driveway in such close proximity to an intersection involving an arterial road such as 36th St, however, does not meet code requirements and raises safety and traffic flow concerns, and is therefore, not recommended. Architectural Style and Materials The building design is consistent with the principles set forth in the Elmwood Area Land Use, Transit and Transportation Study, including: • It is proposed to be built up to the right-of-way to create a “Main Street” character. • It is proposed to be a vertical mixed-use building with commercial uses on the ground floor. • On-street parking for commercial uses is provided on 36th Street. In accordance with these principles, the building is proposed to be located approximately eight feet from the property line along Wooddale Avenue and 36th Street, commercial uses are proposed to be located on the ground floor, parking for the residents is located underground, and commercial parking is proposed along both 36th Street and Wooddale Avenue. The building accommodates pedestrian access by lobby entrances on both Wooddale Avenue and 36th Street. The lobby provides access to the residential portion of the building, the grocery store, café and other commercial uses. The grocery store is proposed to take up the entire commercial frontage along Wooddale Avenue, however, the building is designed so that the commercial space can be split into several commercial tenants in the future, each with direct customer access to the sidewalk along Wooddale Avenue. Commercial uses will be accessible from both the lobby and the sidewalk. This approach is consistent with both the City’s goal of walkable streets, and residents’ need for access without leaving the building. The building is designed with three focal points. The main focal point is the plaza at the corner of Wooddale Avenue and 36th Street. The building wall at the intersection is proposed to be concave to establish a design connection between the building, plaza and art. The building wall, landscaped islands, concrete scoring and the public art will all follow the same curvilinear pattern. The other two focal points are at both lobby entrances along Wooddale Avenue and 36th Street. A resident pick-up/drop-off is proposed at the Wooddale Avenue lobby entrance. The trash is proposed to be managed inside the building, and all deliveries would be made from Yosemite Ave. Meeting of September 15, 2008 (Item No. 8b) Page 6 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Streetscape & Plaza: The city hired a consultant to design the streetscape and plaza. The consultant is in the process of working with the city, applicant and the artists of the Dream Elevator and 36th Street art to finalize a plaza design. (See Public Art below.) While the design shown on the site plans is illustrative only, it contains the elements expected to be included in the final design, such as on-street parking, boulevard trees, landscaped islands, benches, streetlights and public art. Also, at the request of the Planning Commission, the plan provides 24 bicycle parking spaces added along 36th Street. The developer will be paying for the construction of the plaza. The City will be responsible for paying for the Dream Elevator to be located in the plaza. Public Art: The artist, Randy Walker was awarded the contract for creating the art to be located at the intersection of Wooddale Avenue and 36th Street. Mr. Walker proposed a sculpture called “The Dream Elevator”, which is a 40 foot tall cylindrical structure inspired by the Nordic Ware grain elevator. The Dream Elevator is shown on the site plans at the very tip of the plaza. Additional art is proposed along the entire 36th Street corridor between Wooddale Avenue and Highway 100. This art is proposed by Marjorie Pits, and will consist of benches, bollards and planters. Designed Outdoor Recreation Area (DORA) The DORA is satisfied by the courtyard located in the center of the building. City code requires at least 12% of the site be set aside for DORA. Twelve percent of this site is 9,306 square feet, and the proposed courtyard is 20,000 square feet (26% of the site). The DORA is proposed to be nicely landscaped with a central water feature. The site meets the DORA requirement. Stormwater: The stormwater will flow to the regional pond at Hoigaard Village. The developer will contribute financially to the cost of the pond. Setbacks: In a PUD, buildings may be set up to the property line. However, the developer is providing some setback to maintain the character of the neighborhood as outlined in the Elmwood Area Land Use, Transit, and Transportation Study. Particular attention was paid to setbacks along Wooddale Avenue and 36th Street by comparing them to previously approved projects. The chart below compares the proposed Wooddale Pointe street side setbacks to the VIP I, Hoigaard Village, Excelsior & Grand developments, and the setbacks proposed with the VIP II proposal that was withdrawn. The proposed setbacks are in line with these projects, particularly those located along 36th Street West. Setback Wooddale Pointe VIP II (withdrawn) VIP I Hoigaard Village Excelsior & Grand Building to street curb 29 feet 26 feet 18 feet 26 - 40 feet 22 feet Building to on-street parking curb 19 feet 16 feet N/A 26 feet 15 feet Building to property line 8 feet 5 feet 15 feet 14 – 19 feet 5 feet Meeting of September 15, 2008 (Item No. 8b) Page 7 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Final Plat: The final plat consists of 1 lot, an outlot, and dedication of additional right-of-way to both 36th Street and Wooddale Avenue. The outlot would be deeded to the city for park and future right-of- way needs. The Dream Elevator and the majority of the plaza are proposed to be located in the outlot. Right-of-Way Dedication: A road easement was dedicated in 1975 over the north 19 feet of the entire subject parcel (along 36th Street). The final plat proposes to dedicate the area as right-of-way. As part of the final plat approval for Village in the Park I (VIP I), the developer dedicated a 12 foot road easement along the east side of Wooddale Avenue. This easement would also be removed and dedicated as right of way with the plat. In both cases, the additional right-of-way was required to facilitate planned street improvements and on-street parking. Utility Easements: Due to the small size of the parcel, the close proximity of the building to 36th Street, Wooddale Avenue and Yosemite Avenue, and the fact that the property is bounded nearly on all sides by public right-of-way with 8 – 18 foot wide sidewalks within the right-of-way, staff has determined that drainage and utility easements are not needed along Wooddale Avenue, 36th Street and Yosemite Avenue. Therefore, staff recommends a variance to omit drainage and utility easements along those streets. Planning Commission Action: The Planning Commission conducted a public hearing on September 3, 2008. A copy of the minutes of that meeting is attached for your review. The Planning Commission recommended approval (6-0 vote) of the Final Plat with easement variances and recommended approval (5-1 vote) of the Final PUD. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. Meeting of September 15, 2008 (Item No. 8b) Page 8 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe VISION CONSIDERATION: The Strategic Direction areas of: Gathering Spaces, Transportation, Sidewalk and Trails, Diverse Housing Stock, and Environment are addressed by having a mixed use building occupied with retail and service uses and providing for a variety of senior housing needs, in a manner consistent with the pedestrian-oriented vision of 36th Street. Attachments: Draft Resolution – Final Plat Draft Resolution –Final PUD Excerpt of Unofficial Planning Commission Minutes Site plan and related documents Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 8b) Page 9 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe RESOLUTION NO. 08-___ RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF WOODDALE POINTE WITH EASEMENT VARIANCES BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Greco Real Estate Development, LLC, and Rottlund Homes, owners and subdividers of the land proposed to be platted as Wooddale Pointe have submitted an application for approval of final plat of said subdivision with variances to reduce the size of required drainage and utility easements (Section 26-154) 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: Lots 1, 2, 3, and 4, Block 44, “St. Louis Park,” Lots 7, 8, 9, 10, and 11, Block 44, Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park, except that part lying Westerly of the following described line: Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park; thence Westerly 110.00 feet along the North line of said Block 44 to the point of beginning of the line to be described; thence Southerly at a right angle, to the Southwesterly line of said Block 44 and there terminating. That part of the North Half of the vacated alley between Block 1, “Collins Second Addition to St. Louis Park” and Block 44, “St. Louis Park,” lying West of the Southerly extension of the East line of Lot 1, Block 44, “St. Louis Park” and Easterly of the Southeasterly extension of the Westerly line of Lot 11, block 44, “Rearrangement of St. Louis Park.” AND Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK, according to the recorded plat thereof, Hennepin County, Minnesota. Meeting of September 15, 2008 (Item No. 8b) Page 10 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and all of vacated alley and adjoining one half of Yosemite Avenue vacated, Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to the property’s physical shape, and topographical layout. 5. 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 variance will enable a building to be constructed that is consistent in design and scale with other buildings constructed along 36th Street. 6. The variances are to correct inequities resulting from an extreme physical hardship. The irregular shape of the lot limits where the building and parking areas can be located. 7. The variances are not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as underground parking, and buildings that are located along the street right-of-way. Such redevelopment could not occur without a variance. Conclusion 1. The proposed final plat of Wooddale Pointe is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variances are approved from the subdivision ordinance to eliminate the drainage and utility easements required by section 26-154 of the Subdivision Ordinance along 36th Street West, Wooddale Ave South and Yosemite Ave, except for the north end of Yosemite Ave, where a five foot deep by 26 foot long utility easement will be required. Provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. Condominium association papers must be approved by the City Attorney. c. A $1,000 cash escrow be submitted to guarantee the city receives a fully executed mylar copy of the final plat. d. Park dedication of $108,800 be paid prior to the city signing the final plat. e. Trail dedication of $24,900 be paid prior to the city signing the final plat. Meeting of September 15, 2008 (Item No. 8b) Page 11 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on 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. 4. 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. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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 September 15, 2008 City Manager Mayor Attest: City Clerk Meeting of September 15, 2008 (Item No. 8b) Page 12 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe RESOLUTION NO. 08-____ A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MX-MIXED USE LOCATED AT 3601 WOODDALE AVENUE SOUTH WHEREAS, the City Council approved the Preliminary PUD on July 14, 2008, Resolution No. 08-093; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received on July 25, 2008 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of September 3, 2008, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-1 vote with five members voting in the affirmative and one member voting opposed, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Greco Real Estate Development, LLC has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the MX- Mixed Use District located at 3601 Wooddale Avenue South for the legal description as follows, to- wit: Lots 1, 2, 3, and 4, Block 44, “St. Louis Park,” Lots 7, 8, 9, 10, and 11, Block 44, Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park, except that part lying Westerly of the following described line: Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park; thence Westerly 110.00 feet along the North line of said Block 44 to the point of beginning of the line to be described; thence Southerly at a right angle, to the Southwesterly line of said Block 44 and there terminating. Meeting of September 15, 2008 (Item No. 8b) Page 13 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe That part of the North Half of the vacated alley between Block 1, “Collins Second Addition to St. Louis Park” and Block 44, “St. Louis Park,” lying West of the Southerly extension of the East line of Lot 1, Block 44, “St. Louis Park” and Easterly of the Southeasterly extension of the Westerly line of Lot 11, block 44, “Rearrangement of St. Louis Park.” AND Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK, according to the recorded plat thereof, Hennepin County, Minnesota. The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and all of vacated alley and adjoining one half of Yosemite Avenue vacated, Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-21-PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5). The specific modifications include: a. A 14% reduction in the required parking. 4. The contents of Planning Case File 08-21-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. Fire lanes shall be in accordance with approved exhibits. Meeting of September 15, 2008 (Item No. 8b) Page 14 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Conclusion The Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. A maximum of 156 residential units. b. A minimum of 153 structured parking spaces. c. A 14% reduction from the required parking spaces to allow 178 parking spaces instead of the required 206 parking spaces. d. A minimum of 25 on-street parking spaces shall be provided. 3. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows: a. Developer agrees to install, at its expense, street, on-street parking and streetscape improvements along all public and private streets and access drives subject to final streetscape designs, Final PUD approval and City approval of detailed construction drawings. b. Developer agrees to enter into a special service district for the continued maintenance of the streetscape along 36th Street West and Wooddale Avenue. c. Developer agrees to enter into a snow-removal agreement with the City to ensure all snow is removed from Yosemite Avenue and 37th Street West. d. Developer agrees to contribute $100,000 toward the construction of the regional storm water pond located at Hoigaard Village. e. Developer agrees to contribute financially toward the public art to be located in the plaza area at the corner of Wooddale Avenue and 36th Street West. The amount will be finalized upon receipt of the final cost estimates of the public art and streetscape plans. The contribution amount will be included in the development agreement. f. All deliveries made at Yosemite Avenue shall be made and concluded prior to 9 am. Deliveries lasting less than 15 minutes may be made utilize on-street parking bays. g. All trash handling and storage facilities shall be located inside the building. h. No more than 60 underground parking spaces shall be restricted to residents and employees of the residence. The remaining structured and surface parking shall be available for public parking. i. Developer agrees to place any on-site utilities underground. 4. The following façade design guidelines shall be applicable to all ground floor, non-residential facades located in the Mixed-Use building facing West 36th Street: a. Façade Transparency. Windows and doors shall meet the following requirements: Meeting of September 15, 2008 (Item No. 8b) Page 15 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe i. For street-facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. ii. Visibility into the space shall be maintained for a minimum of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. b. Awnings. i. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. ii. Backlit awnings are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of five feet from the building wall for the following purposes, provided a 6 foot minimum horizontal clearance along West 36th Street is maintained between obstructions on the private and public sidewalks and provided that all activity is occurring on private property: i. Display of merchandise. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond the five foot maximum, provided an 8 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. d. All wall vents and assorted fixtures shall be painted to match the color of the wall they are attached to. 5. Prior to starting any site work, the following conditions shall be met: a. Proof of Recording the Final Plat shall be submitted to the City. b. A site plan showing the required fire lanes shall be submitted. c. Building material samples and colors shall be submitted. d. Assent form and official exhibits must be signed by applicant and owner. e. A preconstruction conference shall be held with the appropriate development, construction and city representatives. f. A staging plan for construction shall be filed with the City. g. All necessary permits must be obtained. 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. Meeting of September 15, 2008 (Item No. 8b) Page 16 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement. Reviewed for Administration: Adopted by the City Council September 15, 2008 City Manager Mayor Attest: City Clerk Meeting of September 15, 2008 (Item No. 8b) Page 17 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe 3. Hearings Unofficial Minutes – Planning Commission – September 3, 2008 A. Final Plat with easement variances and Final PUD – Wooddale Pointe Location: 3601 Wooddale Avenue Applicant: Greco Real Estate Case No.: 08-26-S and 08-21-PUD Gary Morrison, Assistant Zoning Administrator presented the staff report. The applicant proposes to construct a five story, mixed use, senior residential housing complex at the southeast corner of 36th Street West and Wooddale Avenue South. The building is proposed to include 156 senior dwelling units on the second through fifth floors, and approximately 26,000 square feet of commercial space along 36th Street and Wooddale Avenue. Mr. Morrison said the development will have 178 parking stalls which is two more spaces than were approved under the preliminary PUD. There will be 25 on-street parking spaces. Four spaces were added since preliminary PUD by adding two spaces along 36th Street and two spaces along Yosemite Ave. Mr. Morrison spoke about the public plaza at 36th St. and Wooddale which will contain significant public art and a sidewalk seating café. Mr. Morrison said the final plat will dedicate a 19 foot road right-of-way along 36th St. and a 12 foot road right-of-way along Wooddale Ave. Staff has recommended a variance to omit drainage and utility easements along Wooddale Ave., 36th Street, and Yosemite Ave. Commissioner Carper asked about deliveries and the grocery store fronting on Wooddale Ave. Mr. Morrison answered that the conditions of approval state quick deliveries could utilize on-street parking, but the bulk of deliveries will come along Yosemite Ave. at the east side of the building. Likewise deliveries made to the café would be made in the same area, down an interior corridor and into the café. Commissioner Carper asked about senior housing and the need for space for emergency service vehicles. Mr. Morrison spoke about access and parking for those vehicles in a drop off area. Commissioner Person asked about differences between the preliminary and final plans. Mr. Morrison spoke about additional on-street parking, easements added to the plat, structured parking changes to keep trash handling inside, and dwelling units increased from 151 to 156. Commissioner Kramer said he was concerned about the effect of parking on Yosemite Ave. to the Luggage World business. He asked if there would be any restrictions on that parking. Mr. Morrison said no restrictions are contemplated at this time. The only restrictions that could come at some point in the future are typically made at the request of property owners and would be limited on how long a car can be parked. The City does not reserve public parking spaces for specific users. Mr. Morrison went on to say that the 41 spaces inside the new building are also open to the public. There are also 10 public spaces along 36th Street. Brent Rogers, representing Greco Real Estate, introduced the development team. Commissioner Robertson opened the public hearing. Adeel Saad, owner of Luggage World, spoke about his objections voiced at preliminary approval about traffic going through the very narrow area on Yosemite. He mentioned the handicapped ramp right against Luggage World which makes that area very narrow. He said he continues to object to deliveries being made to the entire huge building at that very narrow space. He said it will be a huge traffic hazard and will be impossible Meeting of September 15, 2008 (Item No. 8b) Page 18 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe for any of his customers to park. His recommendation was and still is that access and delivery occur somewhere other than this very small space. Chair Robertson asked staff if there are assurances from City engineers that there is enough parking space for Luggage World. Mr. Morrison said there is a standard right-of-way along Yosemite Ave., about 66 feet. The parking spaces themselves are 18 ft. deep on both sides. The aisle in-between is about 24 ft. which is standard width. It is a pretty standard lay-out with plenty of room for turning in and out and plenty of room for deliveries. Deliveries will occur early in the morning so there shouldn’t be any conflicts between deliveries and customer traffic. Commissioner Kramer asked if Yosemite Ave. is an active street. Mr. Morrison said he didn’t see it as an active street as it is a dead-end connecting with a 14 foot public alley behind the Luggage World building. He illustrated connections in that area to the ramp and development. Chair Robertson closed the public hearing. Commissioner Person asked about a roadway on the plat that extends south of Yosemite. Mr. Morrison said that was a private drive located on the Burlington Coat Factory property. Commissioner Person asked about the location of Luggage World and Burlington Coat Factory loading docks. Mr. Morrison said Luggage World deliveries were made at the back side of the building along the alley. Burlington Coat factory receives their deliveries from the back of their building further south. Commissioner Kramer commented that as there are more and more developments he wanted to raise the question of noise pollution and emergency sirens, especially when there is a concentration of medical calls. He asked if there have been any discussions about limiting sirens. Mr. Morrison responded that the sirens are required. Commissioner Kramer asked that somehow this issue be included in future discussions. Commissioner Johnston-Madison said the parking and access questions had been answered for her. She said she likes the project and she is very pleased to see it going in on the corner. Chair Robertson stated that generally he likes the project but from the beginning it hasn’t felt like a mixed-use project. He said it is virtually a single use project with some accessory uses that are labeled as commercial. It doesn’t meet the intent of mixed-use. Commissioner Carper asked the Chair to elaborate. Chair Robertson said he understands the idea of mixed-use development to create and maintain a vibrancy to an area. People are living, working and shopping in such a development with ground floor neighborhood commercial and upper floors residential. He said a lot of the ground floor of Wooddale Pointe is parking lot and residential facility uses. Commissioner Johnston-Madison asked if this parcel shouldn’t be taken in context with the entire Elmwood development. Meeting of September 15, 2008 (Item No. 8b) Page 19 Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Commissioner Kramer asked why this point is being discussed again without any major changes to the final plans. He asked if the commercial areas will be clearly geared toward the public. Mr. Morrison said the grocery store, deli, fitness center and beauty salon all have direct access to the street and plaza. The uses will have awnings and will be clearly signed for public use. Similar concerns were heard with an earlier proposal (Village in the Park II) and at preliminary review of Wooddale Pointe. The final plans have more commercial at the corner and no housing units on the ground floor. Staff feels Wooddale Pointe is more in keeping with the activity of mixed-use which is intended for the Elmwood area. Grocery and deli uses are not only daytime uses but evening uses. Commissioner Kramer asked if businesses would be leased. Brent Rogers said Greco will manage the commercial portions of the project and Southview will manage the residential. The intent is that the commercial will be rented by outside businesses. Link Wilson, architect, said there is a 58% common area between uses. He spoke about current demographics. Neighborhoods used to be named after elementary schools. With today’s demographics more and more neighborhoods will be defined by a senior living facility. Chair Robertson asked if one of the uses doesn’t make it, will the space be open to any other commercial establishment. Mr. Rogers said yes it would be. Chair Robertson said he has mentioned his concerns about the intent of mixed use so as not to set a precedent for future developments. Commissioner Kramer made a motion to recommend approval of the final plat with a variance to eliminate drainage and utility easements along Wooddale Ave., 36th Street W., and Yosemite Ave. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 6-0. Commissioner Kramer made a motion to recommend approval of the Wooddale Pointe Final Planned Unit Development. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 5-1 (Robertson opposed). Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 20 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 21 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 22 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 23 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 24 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 25 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 26 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 27 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 28 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 29 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 30 Meeting of September 15, 2008 (Item No. 8b) Subject: Final Plat with Easement Variances and Final Planned Unit Development for Wooddale Pointe Page 31 Meeting Date: September 15, 2008 Agenda Item #: 8c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment 3408, 3412 France Avenue; 3409, 3413, 3417 Glenhurst Avenue Case No.: 08-27-CP RECOMMENDED ACTION: The Planning Commission and staff recommend approval of the Comprehensive Plan Amendment from RM – Medium Density Residential to CMX – Commercial Mixed Use for the properties located at 3408and 3412 France Avenue and 3409, 3413 and 3417 Glenhurst Avenue, based on the findings in the staff report and resolution. POLICY CONSIDERATIONS: • Is the proposed amendment consistent with Comprehensive Plan goals, policies and guidelines? • What changed or changing conditions make the passage of this amendment necessary? • What is the expected effect of the proposed amendment? • What other circumstances justify the amendment? BACKGROUND: Scott Bader of Bader Development requests an amendment to the Comprehensive Plan land use designation of five lots from RM – Medium Density Residential to CMX Commercial Mixed Use. This application relates to the applicant’s proposal to redevelop the Al’s Bar and Anderson Cleaners sites at the intersection of Excelsior Boulevard and France Avenue. The site is located near the northwest corner of Excelsior Boulevard and France Avenue at 3408 and 3412 France Avenue South and 3409, 3413 and 3417 Glenhurst Avenue. Four of the lots are currently vacant. Al’s Bar uses 3417 Glenhurst for parking. [Remainder of page left blank intentionally.] Meeting of September 15, 2008 (Item No. 8c) Page 2 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Land Area: 0.85 acres Comprehensive Plan Designation: RM – Medium Density Residential Proposed Land Use Designation: CMX – Commercial Mixed Use Adjacent Land Uses: North: single-family houses East: France Av, golf course South: bar, dry cleaner, Excelsior Bv West: Glenhurst Av, park, motel CONCEPT DEVELOPMENT PLAN: The developer submitted a concept development plan (see exhibits) to inform the Comprehensive Plan amendment process and support the application. The plan proposes a five-story building consisting of 15,000 square feet of first floor commercial, 133 apartment units, a 177-stall underground garage, 96-stall surface parking lot, and three on-street parking stalls. The parking is primarily located underground and behind the building. The concept building design and site layout features a corner plaza with outdoor seating, art and landscaping that provides a strong presence and gateway into St. Louis Park and connections to the France Avenue and Excelsior Boulevard. Commercial storefronts face the plaza, but also have entrances convenient to the surface parking behind the building. The plan shows an outdoor recreation area overlooking Bass Lake Park and a new trail access to the park. The site has convenient access to George Haun Trail, a looped trail around Bass Lake, and is only a quarter mile from the Southwest LRT Regional Trail. COMPREHENSIVE PLAN AMENDMENT REQUEST: The subject properties are designated for Medium Density Residential development in the current Comprehensive Plan land use map. The properties are adjacent to, and in common ownership with, the Al’s Bar site. The Comprehensive Plan anticipates redevelopment of the site in conjunction with the adjacent commercial properties. A portion of the proposed five-story building straddles the guided land use and zoning district boundaries, including the commercial space which may include retail or restaurant uses. The current guided land use (RM) and zoning (R-4) categories would not allow five-stories or commercial uses. The applicant requests a change to the CMX - Commercial Mixed Use designation to accommodate the concept plan. Meeting of September 15, 2008 (Item No. 8c) Page 3 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment The Comprehensive Plan includes overall land use, design, and neighborhood planning goals and policies. This site is specifically noted in the Plan By Neighborhood chapter of the Comprehensive Plan. Development guidelines have been prepared for the site with input from neighborhood representatives. RM – Medium Density Residential The current Medium Density Residential designation allows for housing densities of up to 30 units per acre and allows for a variety of housing types including single family detached, duplexes, townhomes, and two- and three-story apartment buildings. Corresponding zoning categories for this land use designation are R-3, which allows densities of up to 11 units per acre, and R-4, which allows densities up to 30 units per acre. CMC – Commercial Mixed Use The proposed Commercial Mixed Use designation currently applies to only a few sites in the City, including Park Commons (Excelsior & Grand), the Wooddale Drive/36th Street area (proposed light rail transit station site, Wooddale Pointe and Hoigaard Village), and the Al’s Bar/Anderson Cleaners site. The goal of the Commercial Mixed Use category is to create pedestrian-scale mixed use buildings, typically with retail, service or other commercial uses on the ground floor and residential or office uses on subsequent floors. Meeting of September 15, 2008 (Item No. 8c) Page 4 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Neighborhood Plan The Minikahda Oaks neighborhood plan discusses development of the subject site. It calls for “redevelopment of the commercial corner as mixed use including small scale retail and office use, with primarily residential uses on the north side. The transition from a commercial front to the single-family area shall be mindful of scale, density, quality, aesthetics, and vehicle access. New development shall follow urban design goals set in Chapter R [Livable Communities] of the City’s Comprehensive Plan.”1 France Avenue and Excelsior Development Guidelines In response to a proposed development on the Al’s Bar/Anderson Cleaners site in 2004, the City worked with a group of neighborhood representatives and SRF Consulting Group to identify issues of concern and prepare development guidelines for the site. The guidelines provide additional criteria for evaluating development proposals, but are not legally mandated requirements to obtain development approvals. The guidelines depict preferred conditions and represent the best-case conditions for new development. As such, the guidelines are the foundation of dialogue with development interests and influence development on the affected parcels. The applicants designed the proposed project with the development guidelines in mind. Neighborhood Issues Issues of interest to the neighborhood specific to this application and identified in neighborhood meetings and public hearing include: 1) traffic into the Minikahda Oaks neighborhood, 2) vehicle access to the site, 3) noise, 4) adequate parking to serve the development and avoid parking in the neighborhood, 5) having a “transition” from commercial to residential (i.e. density, buffer, building height), and 6) high quality development and aesthetics. These issues should be considered when changing the land use designation, and reviewed in more detail with the site development plan during the planned unit development review process. Another issue neighbors raised was their desire for the Comprehensive Plan Amendment to be tied to this development proposal. There was concern that approving the Comprehensive Plan Amendment would open the door to larger and more intense developments in the future, if the project did not proceed. STAFF ANALYSIS: The proposed amendment is consistent with the Comprehensive Plan goals, policies and guidelines. Changing the land use designation of the subject property facilitates coordinated redevelopment of two aging commercial buildings and accompanying parking lots with a “gateway” building and plaza, transit oriented site design, and improved vehicle access and storm water management that satisfies many of Livable Communities, Commercial Development, and Housing goals in the Comprehensive Plan for the City and this site. These include: Livable Communities Goals ƒ Foster a community identity which emphasizes Livable Communities principles, including mixed use, pedestrian and transit oriented, high density, human scale development 1 As quoted in the Comprehensive Plan, St. Louis Park, 2000. Meeting of September 15, 2008 (Item No. 8c) Page 5 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment ƒ Provide safe, interesting, pleasant pedestrian and bicycle trails that connect neighborhoods to services and amenities including Park Commons ƒ Facilitate building locations and design which emphasize a relationship with the public realm ƒ Support design which emphasis architecture, art, and pedestrian and transit connections ƒ Promote building locations and design which emphasizes a relationship with the public realm and emphasizes architecture, art, and pedestrian and trail connections ƒ Encourage public displays of art (the corner plaza is expected to include a vertical art element) Commercial Development Goals ƒ Promote aesthetically and functionally positive images for public and private property in commercial areas through proper design of landscaping, parking, architecture, street furniture, and signage ƒ Enhance commercial areas’ compatibility with residential areas ƒ Insure that commercial developments are adequately served with public transit facilities ƒ Minimize the adverse impacts associated with commercial development using design, performance standards, site planning techniques, and buffering ƒ Encourage convenient pedestrian access to and within the commercial areas from neighborhoods and transit stops Housing Goals ƒ Promote and facilitate a balanced and sustainable housing stock to meet diverse current and future needs ƒ Use infill and redevelopment opportunities to help meet housing goals ƒ Promote higher density housing near transit corridors ƒ Encourage housing density in commercial mixed use districts There are changed conditions that warrant the passage of this amendment. The Park Commons area has become the city center and Excelsior Boulevard the “main street” of St. Louis Park. The Excelsior and France intersection is a prominent location and an entryway into the City. The Development Guidelines developed 2005 for this site state that redevelopment of the commercial corner shall be mixed use and include small scale retail, office and residential uses. The proposed amendment could have several effects. The amendment allows for coordinated redevelopment of nine parcels, which creates opportunities to reduce access points and improve storm water management. It helps facilitate improvements to the eastern gateway to St. Louis Park by enlivening the corner with active storefronts, corner plaza, streetscape, art and landscaping framed by a transit-oriented and pedestrian-scale building. The site and building design can help avoid potential negative impacts identified by the neighborhood. Some of the site design techniques shown in the concept plan include setting the building back away from neighboring houses, placing the building between activity along Excelsior Boulevard and the single family residential uses, screening the parking lot, “stepping back” upper floors along the street, and providing underground parking for residents and surface parking for employees, customers and visitors. Meeting of September 15, 2008 (Item No. 8c) Page 6 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment There are other circumstances that justify the amendment. The subject properties are suitable for commercial mixed use development, based the close proximity and access to Excelsior Boulevard (a minor arterial), frequently operating buses, parks, trails and other amenities and services. VISION CONSIDERATION: The following Vision St. Louis Park Strategic Directions may apply. • St. Louis Park is committed to being a connected and engaged community. o Increasing use of new and existing gathering places and ensuring accessibility throughout the community. • St. Louis Park is committed to promoting and integrating arts, culture, and community aesthetics. FINANCIAL/BUDGET CONSIDERATIONS: There are no budget implications of the Comprehensive Plan Amendment in and of itself. PROCESS: The Comprehensive Plan Amendment process is the first of three rounds of applications that will be necessary to approve the proposed project. The City of St. Louis Park Zoning Code states, “If a requested comprehensive plan amendment involves a land use or density change on a particular parcel of land, no request for a conditional use permit, planned unit development, or variance related to that parcel shall be accepted for processing until action on the comprehensive plan amendment has been completed.” Therefore, the applicant is applying, first, for the Comprehensive Plan Amendment. The Planning Commission held a public hearing on September 3, 2008, and number of citizens attended. The unofficial minutes of the meeting are attached for City Council review. The Planning Commission discussion included a desire to tie the amendment to this project proposal, but Commissioners also recognized the decision must stand on it own merits. The issue seemed to revolve around the timing of the Comprehensive Plan and some discomfort that more of the project details were not known. The Planning Commission voted to recommend approval of the application on a 4-1 vote. As City Council considers the application, it must have a supermajority (two-thirds majority) in support of the application to amend the Comprehensive Plan. A resolution to approve the amendment must be contingent upon Metropolitan Council approval. After City Council action on the Comprehensive Plan amendment, the developer would apply for rezoning, preliminary plat, and planned unit development. All three of the applications require public hearings before the Planning Commission, and City Council approval. The rezoning also requires a second reading of the City Council and a supermajority to adopt the zoning map amendment. The City anticipates a tax increment financing request will accompany this development project. That request would require the Planning Commission’s review and recommendation, and approval of the Economic Development Authority and City Council. Meeting of September 15, 2008 (Item No. 8c) Page 7 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment The developer would then submit a third round of applications, including final plat and final planned unit development. These applications are reviewed by Planning Commission and City Council, but do not technically include public hearings. Attachments: Resolution and Summary for Publication Excerpt of the Unofficial Planning Commission Minutes Concept plan and project images Prepared by: Sean Walther, Senior Planner Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 8c) Page 8 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment RESOLUTION NO. 08-___ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 3408, 3412 FRANCE AVENUE SOUTH 3409, 3413, 3417 GLENHURST AVENUE SOUTH WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are inconsistent with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and Meeting of September 15, 2008 (Item No. 8c) Page 9 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment WHEREAS, the Planning Commission and staff of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on September 3, 2008, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies, and the following findings: 1. The subject properties are suitable to commercial mixed use development, based its close proximity and access to Excelsior Boulevard (a minor arterial), frequently operating transit service, parks, trails and other services. 2. Changing the land use designation of the subject properties facilitates coordinated redevelopment of two aging commercial buildings and accompanying parking lots with a “gateway” building and plaza, transit oriented site design, and improved traffic access and storm water management that satisfies many Comprehensive Plan goals for the City and this site. WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-27-CP); WHEREAS, the contents of Planning Case File 08-27-CP are hereby entered into and made part of the public hearing record and the record of decision for this case; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on the attached map from RM – Medium Density Residential to CMX – Commercial Mixed Use. Reviewed for Administration: Adopted by the City Council , 2008 Contingent upon Metropolitan Council approval City Manager Mayor Attest: City Clerk Meeting of September 15, 2008 (Item No. 8c) Page 10 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Meeting of September 15, 2008 (Item No. 8c) Page 11 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment SUMMARY RESOLUTION NO. 08-___ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 3408, 3412 FRANCE AVENUE SOUTH 3409, 3413, 3417 GLENHURST AVENUE SOUTH This resolution states that the land use designation of 3408, 3412 France Avenue South and 3409, 3413, 3417 Glenhurst Avenue South will be changed from RM – Medium Density Residential to CMX – Commercial Mixed Use. Adopted by the City Council September 15, 2008 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: September 25, 2008 Meeting of September 15, 2008 (Item No. 8c) Page 12 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA September 3, 2008--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison Robert Kramer, Richard Person Carl Robertson, Larry Shapiro MEMBERS ABSENT: Dennis Morris, Michael Silver STAFF PRESENT: Meg McMonigal, Gary Morrison, Sean Walther Nancy Sells B. Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Location: 3408, 3412 France Avenue 3409, 3413, 3417 Glenhurst Avenue Applicant: Bader Development Case No.: 08-27-CP Senior Planner Sean Walther presented the staff report. He stated that the application is submitted in connection with a proposed redevelopment of several of the properties including the Al’s Bar and Anderson Cleaners sites at the intersection of Excelsior Boulevard and France Avenue. He said the applicant has had neighborhood meetings with the Minikahda Oaks and Minikahda Vista neighborhoods adjacent to the site. He explained the review process of the Comprehensive Plan amendment and future applications for rezoning, preliminary plat combining the nine parcels into one, and preliminary Planned Unit Development (PUD). The final step in the process would be the final plat and final PUD application. In addition to the development review processes, there is likely to be a request for public financing of the project, which has its own public hearing. Mr. Walther discussed the concept plan at this time in order to inform the Comprehensive Plan process and to demonstrate that it is sound and warrants going forward. He reviewed the concept development plan. The plan proposes a 5-story building consisting of 5,000 square feet of first floor commercial, 133 apartment units, a 182-stall underground garage and 98 surface parking stalls. Parking is located underground and behind the building. Mr. Walther spoke about the Development Guidelines for the site which were developed in 2005 with input from neighborhood representatives. The applicant, Scott Bader of Bader Development, introduced his team and provided background information on his company. Meeting of September 15, 2008 (Item No. 8c) Page 13 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Dean Duvolis, architect, gave an overview of the project. Damon Farber, landscape architect, spoke about the importance of the site as a gateway. He spoke about the importance of respecting the neighborhood and developing an inviting sense of place. He spoke about connectivity to the park system and the extensive landscape screen at the parking lot edge. Mr. Duvolis briefly presented shadow studies. He spoke about design elements from the Development Guidelines. Chair Robertson complimented the presentation and design process. He added that much of the presentation is irrelevant however to the request for a Comprehensive Plan change. He asked how the five lots become part of the development. Mr. Walther responded that the applicant’s description of the proposed project helps inform goals for an aesthetic, pedestrian-oriented, transit-oriented project. In response to Chair Robertson’s question about what would be allowed under the current Comp Plan guide, Mr. Walther said the apartment use would be allowed and an office may also be allowed on the first floor. The difference however is that the proposal is for a 5-story building and the R-4 District usually limits it to a 3-story building or 40 feet. There are some guidelines for setbacks that the proposed building would meet. The building would be located over two land uses as designated in the Comprehensive Plan. The five parcels are in common ownership with the Al’s Bar property. The Development Guidelines did anticipate and promote a coordinated development. Mr. Walther said this is the most consistent project that has been seen for this site. Chair Robertson said he also was asking about impact on surrounding area and massing of buildings. He added that the common ownership was a major factor in the re-guiding. He commented that the change in land use guide should stand on its own. Commissioner Johnston-Madison asked about issues occurring if the re-guiding is approved but the development doesn’t occur. Mr. Walther spoke about discretion and City controls that exist in rezoning, the PUD process, and TIF application process. Meg McMonigal, Planning and Zoning Supervisor, added that typically a rezoning is brought forward with the PUD so the details of the project elements are brought forward at the same time as the rezoning. Mr. Walther said he could talk very generally but the potential height would be 40 feet or 3 stories and the general setback would be 15 feet. The proposed building is 60 feet tall and approximately 45 feet from the property line. Meeting of September 15, 2008 (Item No. 8c) Page 14 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Commissioner Carper asked what size building could be built in the mixed-use portion of the lot currently. Mr. Walther responded no setback is required for mixed-use district and no particular height limitation. Ms. McMonigal noted that the mixed-use zoning district does require a PUD public hearing and approval to determine the exact site elements. Commissioner Johnston-Madison added that the review also takes into consideration the Design Guidelines. Commissioner Person asked if the density proposed is allowed under R-4 regulations. Mr. Walther answered the way they calculated it during the Development Guidelines process was that up to 132 units could be developed with the 9 parcels. The current proposal is for 133 units. Chair Robertson opened the public hearing. John Miller, 3550 France, lives in the first single family house on France Ave. south of Excelsior Blvd. He has lived at that address since 1954. He spoke about Minnesota case law which holds that if the Comprehensive Plan is changed you have to: 1) explain why the original plan was in error; or 2) show a change in circumstances which make it absolutely necessary and imperative to change the plan in order to make any use of the property. Mr. Miller spoke about the 2004 proposal for a 10-story building. He spoke about question No. 8 in the City’s Comprehensive Plan application: “What changed or changing conditions make passage of this amendment necessary?” which refers to the Minnesota case law. The developer’s answer was: Excelsior Blvd. corridor plan, Excelsior & Grand development, Excelsior Blvd. road enhancement. Toll Brothers Company abandoned that plan. He said meetings followed and Ms. McMonigal proposed a six- month study group of property owners, neighborhood representatives, staff and consultant which resulted in the Design Guidelines as an amendment to the Comprehensive Plan. He said subsequently there was an application for a 14-story building. He read from the neighborhood flyer announcing a City Council meeting regarding that application. The developers told the Council a 5-story building would not pencil out. That plan didn’t proceed either. Mr. Miller said he wanted to speak about the current proposal for the whole corner to be Commercial Mixed Use. He discussed the applicant’s answer to question No. 8: The purpose of this application is to develop a project that is consistent with a specific Development Guidelines for the Minikahda Oaks neighborhood. Mr. Miller said he had asked Mr. Walther why it is necessary to change the zoning on those 5 lots if the applicant desires to follow the guidelines. Mr. Miller said the effect of the project will be a commercial corner with no buffer zone for the single family residences bordering those lots. He commented that situation doesn’t exist even at Excelsior & Meeting of September 15, 2008 (Item No. 8c) Page 15 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Grand. He said the guidelines are being abandoned and the developer can put in anything at that site that it wants. The neighborhood will not have a thing to say about it. Mr. Miller said the Commission doesn’t even have a plan to examine at this point. He said at one of the recent neighborhood meetings with few people in attendance one picture was shown. It had five stories and he told them the actual guidelines say if it has to be five stories, then a design with four and five stories looks better aesthetically. He went on to say that approving the Comp Plan will take away the residents right to object. It will change the neighborhood and home values will be reduced. He concluded by saying the Design Guidelines took a lot of effort and they can be thrown away if the Comprehensive Plan is changed. Brian Johnson, 3345 Glenhurst, spoke about the review process and schedule. He stated he believes it would be a mistake for the Commission to make a hurried recommendation to the City Council. The City’s website as of September 2 listed this meeting as canceled. He objected to the timing and notice of the meeting just before the last days of summer and the Labor Day weekend when board members and neighborhood members have been away on vacation preventing a decent exchange of information and discussion regarding the impacts of the proposed change. He said he is concerned that an insufficient number of his neighbors will be able to express their views before a formal recommendation is made to the City Council. He said he believes the Commission should hear from as many neighbors as possible before making a decision which will fundamentally change the character of the neighborhood. He went on to say the staff report contains virtually no analysis for the Council to make an informed decision as to whether the proposed development meets stated criteria for the Comprehensive Plan. He said only in a few sentences on page five does the report conclude that the proposed development is suitable for commercial mixed use development and also that it satisfies many of the Comprehensive Plan goals for the City and this site. Mr. Johnson stated he believed City staff at a minimum need to go into more specific detail as to why they have reached these conclusions. He added that the report should at least outline some of the potential negative impacts to the Minikahda Oaks neighborhood and how these negative impacts might run counter to the goals and specific language of the Comprehensive Plan. He gave an example that the report itself notes that the Comp Plan requires the transition from a commercial front to a single family area shall be mindful of scale, density, quality, aesthetics and vehicle access. He said staff has given the neighborhood assurances that this is development specific and that no changes would be made to the Comprehensive Plan if this development does not move forward. He said in talking to his neighbors he believes it is fairly clear that they do not favor changing the Comp Plan in the abstract. Any recommendation by the Commission should be clear on this point. He said on behalf of himself and other board members he requests a continuance of the hearing to a future meeting of the Planning Commission. Chair Robertson asked Ms. McMonigal to speak about the amendment being development specific. Ms. McMonigal remarked that the Comp Plan amendment is submitted as part of the proposed development. It is set up in the ordinance to be separated from the development and rezoning review so that it can be looked at on its own. The amendment is required to go forward before there is an application for the other required items. The developer requested this amendment. If the Meeting of September 15, 2008 (Item No. 8c) Page 16 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment development does not go ahead, there are options to rescind the amendment and change it back. However, it is set up to stand on its own. It does need to be reviewed by the Metropolitan Council as well which adds some time to the process. She commented that it is kind of complicated and somewhat different from most cities. Most cities typically bring the Comprehensive Plan amendment together with the other applications. The City is evaluating for the future whether or not Comp Plan amendments should be presented separately. Chair Robertson spoke about Mr. Miller’s remarks and the reasons for change and the ability for the amendment to stand on its own. He said it has to make sense all on its own. Commissioner Johnston-Madison spoke about the need for evaluation of the Comp Plan process. She said statements should be added for the City Council that this should be rescinded if the project does not go forward. Elizabeth White, 4118 Randall, said she is concerned about not having a buffer between the development and their small neighborhood. She suggested using the site as it exists, not maximizing, doing a little less than what is proposed would be better in the long run. She said change happens, but this could be done in a better way, instead of maximizing let’s size down. Let’s not make it 5 stories. The guidelines don’t say 5 stories is ideal. The guidelines suggest 3 stories. Let’s stick to 3 stories and not 5 stories. Ms. White stated that the Council seems to be tired of hearing proposals and seems to be tired to talk over and over about this. The City chose to do this and should go on doing this and should not be tired of doing this. Just because the Council is tired of listening to different proposals doesn’t make her feel good. What seems good to a tired Council is not necessarily the best for their neighborhood. This is her biggest concern and she would like that to be kept in mind. Wells Anderson, 3336 Glenhurst commented that at one of the developer and neighborhood meetings he attended participants had a very positive feeling about this proposal in comparison to past proposals. He thought the team was excellent and explained their proposal well. He said the neighborhood needs some more time to look at this proposed zoning change. They want more opportunity to look into it and be heard and to look at alternatives to what has been a proposal for a complete commercial zoning of the land. Ms. McMonigal noted that this is not a proposal for zoning change. It is a proposal for a land use change and there is an additional process for the zoning change in the Planned Unit Development (PUD) so there will be additional time for reviewing. Staff have not looked at or received the specifics of the building and site plan proposal. There is time for the City staff and the neighborhood to do that. Chair Robertson asked about buffers and any mixed-use abutting single family residential in the City. Meeting of September 15, 2008 (Item No. 8c) Page 17 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Mr. Walther spoke about Excelsior and Grand where there are abutting districts surrounding. Hoigaard Village project has a mixed use classification, as does Wooddale Pointe project. In those cases there is not abutting single family residential uses. The discussion in the Comprehensive Plan about a buffer and about design and scale and intensity are all necessary but a buffer zoning is not specifically required; it is done with the design of the site. Chair Robertson asked how we get assurances of the Design Guidelines through the Comprehensive Plan process. Paula Merrigan, architect, remarked the way the zoning is currently set up the residential district and within that residential district the setback requirements are determined by the distance between the lots, which happens to be 60 feet. Going forward with the Comp Plan amendment allows us to put a conversation on the table about the concerns people are raising and gives the City plenty of opportunity to look at zoning, height, setback and building particulars. But if one isn’t even able to begin a discussion about the kind of project that might be brought to the gateway of St. Louis Park, we can’t proceed. We need to be able to bring it to the table to have a fruitful conversation that will go on over the next three months, within the City process. Alberto Bertomeu, 4419 Excelsior Blvd., stated he owns two commercial buildings and businesses in the area being discussed. He spoke about what it means to try to make something happen. The team has put forward a very attractive proposal that needs more discussion. He said the process has just started yet there seems to be so much tension in the room about the project. He said as a business owner in the community he feels very privileged that someone is willing to put money, invest risk, create jobs in the community. The Comp Plan process is a chance to explore opportunities and there will be more hearings and details coming up that will address the concerns raised. An owner and investor needs to start somewhere. He said the proposal is very close to what the Design Guidelines describe in terms of height and setbacks. He said the Excelsior & Grand project is a phenomenal success which has increased real estate values. He suggested letting the process unfold. Kristen Turcotte, 4030 Randall, said what people are trying to say is, you are coming into my neighborhood. She said she doesn’t mind development on the outside of Excelsior & France, but objects to taking the other lots and having people drive further into the neighborhood. She said she has two little kids and doesn’t want to see more traffic coming down France Ave. She asked if there is an alternative to the parking, which is why the extra lots are needed. Mary Beaudin, 4112 Randall, said she is glad the developer doesn’t want to build 14 stories. She stated the truth is, the neighbors don’t care if there is a gateway. She said they love the neighborhood the way it is. They know someone is coming in. They don’t have anything against Al for selling his property. They like Al and wish he would keep his bar there. She said he has been a good neighbor and deserves a good profit on his property. When someone wants to change the land use, it is very difficult to change it back. She asked why didn’t they know they had to do this before. She stated it makes the neighborhood suspicious when all of the sudden this is coming up now and it feels like only the beginning. She asked what else will be put there and can they trust the Meeting of September 15, 2008 (Item No. 8c) Page 18 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment process. They like it the way it is. They don’t want a lot more people coming through our neighborhood and they don’t want more traffic. The buffer zones are important. She said the neighborhood thinks its residents have the right to live in a neighborhood, not a commercial zone. Nancy Rose, 3402 Huntington, said in 1999 there was a proposal and the same five lots that had been single family zoning became medium density, and then nothing was built there. There was no reverting back to the single family designation. She said they have great concerns that this is another episode of zoning creep which is moving commercial closer and closer to our homes. As neighborhood board members they have a responsibility to convey the intents of the neighborhood to the Planning Commission and they need to help the neighborhood understand terminology. She said they would like to facilitate a session and be able to come back to the Commission with a good statement of what the neighborhood’s attitudes and reasons are. She would like to second Brian Johnson’s request for an extension of the hearing. Doug White, 4118 Randall, spoke about a common goal. The Development Guidelines call for the hotel property to be included in the development. This would give more access, including access from the west on Excelsior Blvd., into the buildings. The current proposal would route all traffic through France Ave. which is their tiny neighborhood. He said Mr. Bader would like to purchase the hotel, the Development Guidelines call for that inclusion, it would provide more traffic flow, the neighborhood wants it, which would prevent the residential lots from becoming commercial mixed use, thereby putting our neighbors right next to the parking garage where 200 people are coming in and out every day. He would encourage the City to do what they can to help Mr. Bader obtain the hotel property to prevent these issues cramming all the traffic into France Ave. He spoke about the left turn at France and Excelsior from the west He spoke about how the hotel property value will skyrocket after the development is built and then what will we do? By that time all of the access points will be on France Ave. He spoke about the congested left turn lane coming from the west to Excelsior and France that can only hold four cars. In reference to question No. 8 on the application as to why is the Comp Plan needed, he said it is because Mr. Bader can’t obtain the hotel property which he wants. The neighborhood and the City want him to purchase the hotel. Chair Robertson acknowledged receipt of e-mail correspondence from Christopher Carlisle dated September 3, 2008, which reflected a number of the concerns expressed by residents at the public hearing. [See end of this section.] As no one else was present wishing to speak, Chair Robertson closed the public hearing. Commissioner Carper asked for clarification on the Comprehensive Plan regarding height limitations, in particular at this end of the community. Meeting of September 15, 2008 (Item No. 8c) Page 19 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Ms. McMonigal said the Comp Plan isn’t the document used specifically for height. That falls under the Zoning Ordinance. The Comp Plan is about general land use. Zoning is applied which is consistent to the general land use. Zoning has specific standards including height and setbacks that help determine where a building can be placed on a site. She said the Development Guidelines developed for this area, which are referred to in the Comp Plan, discuss height suggesting 3 or 4 stories and in some cases some portions could be 5 stories. But the Comp Plan itself doesn’t specifically talk about height. That would come in the next step with rezoning and PUD. Commissioner Carper asked how the Comp Plan missed the five lots for inclusion in the development. Commissioner Johnston-Madison said she was part of many of the different meetings regarding the parcel over the years. She spoke about the Comp Plan being a vision of what is anticipated being developed in a particular area. Ideas change over the years. Her understanding over the years was that those five lots would be changed and amended as part of any serious development. This isn’t the first time this has come out, though it may be the first time it has come to the Planning Commission as a proposal for that area. Commissioner Person asked if the zoning changed on the five parcels because of a previous development proposal. Chair Robertson and Commissioner Johnston-Madison said the zoning changed from single family to R-4 around 1999. Chair Robertson said the citizen comments are very valid and very good. He said as all the land is owned by a single entity he wants to neaten things up and bring it under the same Comp Plan use. He finds the development proposal for the corner to be thoughtful. He believes it is a very good thing for the City, though he understands some of the neighborhood not caring about a gateway. But there is a value to a gateway for St. Louis Park. He said he’d be willing to approve the Comp Plan change but he wants the developer to hear the remarks made and to know that as they come forward with future applications, the Commission will be looking at what was there, can the amendment stand on its own, access, creating a true buffer other than a parking lot, and the changes along Exc. Blvd. Commissioner Person asked if the building footprint did not encroach into the five lots, could the lots still be used for parking without a Comp Plan amendment. Chair Robertson said the Commission can recommend to the City Council that it stays as parking lot, and ask that the building itself doesn’t encroach that far, which would push the parking a little bit closer to Excelsior Blvd. creating a true, wider buffer. But that includes details not required at this time. That ability would come in the future with rezoning and PUD, and the City needs to follow through with it. Meeting of September 15, 2008 (Item No. 8c) Page 20 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Commissioner Kramer said he would like to second Mr. Bertomeu’s comments that we should enable the development to go to the next step. He said he would rather see the opportunity for an improvement to a plan than to kill the plan. He would be in favor of making an amendment to the Comp Plan for the time being, subject to this specific development, and not in perpetuity. Commissioner Johnston-Madison said she agreed with Commissioner Kramer. She is in favor of the amendment as there will be more review with the next applications of rezoning and PUD along with the Development Guidelines. In answer to a question regarding how Council is informed of the Planning Commissioner recommendation, Ms. McMonigal said a tape of the meeting is available, minutes are provided, comments of the public and the Commission are reported in the staff report to the Council, as well as a staff recommendation. Reports are available the Friday prior to Council meetings. Commissioner Kramer made a motion to recommend approval of the Comprehensive Plan Amendment from RM – Medium Density Residential to CMX – Commercial Mixed Use for the properties located at 3408 and 3412 France Avenue and 3409, 3413 and 3417 Glenhurst Avenue. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 4-1 (Person opposed). Written correspondence from Chris Carlisle, 3321 Huntington Ave S: My name is Chris Carlisle and I am a resident of the Minikahda Oaks Neighborhood and a new member of the Minikahda Oaks Neighborhood Association Board. Unfortunately I am not going to be able to attend the meeting of the St. Louis Park Planning Commission tomorrow night (the "Commission Meeting"). Nancy Sells in the City's office suggested that I contact you directly with my comments with respect to the Commission Meeting and the attached report on the Comprehensive Plan Amendment (the "Report"). While I do not speak for my neighbors I believe that many of the concerns set forth in this email are shared by others in the neighborhood. 1. Hurried Recommendation to the City Council. My understanding is that the Planning Commission can make a formal recommendation to the City Council for the proposed change to the Comprehensive Plan based solely on the Commission Meeting and the Report. The Report itself suggests that the City Council could make a decision on the change to the Comprehensive Plan as early as its meeting on September 17th. I believe it would be a serious mistake for the Commission to make a hurried recommendation to the City Council for a couple of reasons. Meeting of September 15, 2008 (Item No. 8c) Page 21 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment First, there has been confusion as to the status of the Commission Meeting. The City's website as recently as today stated that the Commission Meeting had been cancelled. I am concerned that an insufficient number of my neighbors will be able to express their views on this important decision before a formal recommendation is made to the City Council. I believe the Commission should hear from as many neighbors as possible before making a decision that will fundamentally change the character of our neighborhood. More importantly, the Report contains virtually no analysis for the City Council to make an informed decision as to whether the proposed development meets the stated criteria for the Comprehensive Plan. In two perfunctory sentences on page 5, the Report concludes that the proposed development (a) "is suitable for commercial mixed use development," and (b) "satisfies many of [the] Comprehensive Plan goals for the City and this site." I believe that in order to allow the Commission to make an informed decision, the City Staff at minimum needs to go into more specific detail as to why they have reached these conclusions. Further, I believe that the Report should at least outline some of the potential negative impacts to the Minikahda Oaks Neighborhood and how those negative impacts might run counter to the goals and specific language of the Comprehensive Plan. For example, the Report itself notes that the Comprehensive Plan requires,"[t]he transition from a commercial front to the single-family area shall be mindful of scale, density, quality, aesthetics and vehicle assess." While I recognize that there is a subjective element to applying these requirements to a specific project and parcel, I think it is a glaring omission for there to be no acknowledgement of the potential negative impacts to the existing neighbors when the proposed development abuts directly with existing single-family homes and a low-density neighborhood. To me and I believe others in the neighborhood, the Report reads like a marketing piece for the developers and does not provide the Commission with enough balanced information to make an informed decision. I find it both instructive and disappointing that the Report contains only 4 and 1/2 pages created by City Staff, while 10 pages of artist renditions and architectural drawings supplied by the developer are attached as exhibits. The Planning Commission plays a vital advisory role to the City Council. If a hurried recommendation is made based on the Report as drafted and one single meeting with insufficient input from the Minikahda Oaks neighbors, I believe the Commission will be doing a disservice to the City Council, the City and the Minikahda Oaks neighborhood. 2. Opposition to the Proposed Development. Notwithstanding whether a decision is made by the Commission to recommend the proposed change to the City Council at tomorrow night's meeting, I am strongly opposed to the merits of the proposed development for a couple of reasons. First and foremost, I believe that a five-story, 134 apartment units and 275 parking stall complex on this small series of lots runs counter to (to use the language proscribed by the Comprehensive Plan, not "mindful" of) the "scale and density" of our neighborhood and the surrounding area -- namely single family homes in a low-density community. The adjacent parcels are zoned the way they are Meeting of September 15, 2008 (Item No. 8c) Page 22 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment for a reason -- they directly abut single family homes and a 70 home low-density neighborhood. The current zoning of medium density residential is totally appropriate and mindful of scale and density in light of the property's direct proximity to a low-density single family community. Contrary to the conclusions of the Report, I believe the proposed change runs completely counter to the goals of the Comprehensive Plan. Second, if a large scale rental or condominium project is allowed to move forward by the City, I believe that it is absolutely critical that the adjacent motel property be included in the proposal. The first benefit to this is obvious -- if that property is included it could very well reduce the height and units necessary to make the project economically feasible. But an equally important consideration is to look to the long-term development of Excelsior Boulevard. Due to the size of the lot, I believe it will prove very difficult to attract an economically feasible redevelopment of the motel site that is not connected to a development of Al's and Anderson's development. To state the obvious, the Motel site has become an eye-sore and a potential problem area for crime in the City. To leave this site undeveloped in connection with a redevelopment with the whole corner is to risk leaving the Motel underutilized for years to come. I understand and appreciate the owners of Al's and Anderson's want to realize the full economic value of their real estate in a sale. But whether they want to hear this or not, their properties are appropriately zoned and this development does not meet the requirements of the Comprehensive Plan. To amend the Comprehensive Plan for this development would not only run counter to the tenets of the Comprehensive Plan, it would increase the value of these sites at the direct economic and livability expense of the Minikahda Oaks neighborhood and to a lesser extent the Minikahda Vista neighborhood. 3. Applicability of Comprehensive Plan Change to Future Developments. Several members of the Minikahda Oaks neighborhood board have spoken to City Staff and John Basill about whether this change to the Comprehensive Plan, if approved, would be specific to this development or would, if approved by the City Council, be approved for future developments as well. We have been given assurances that it is development-specific and that no changes would be made to the Comprehensive Plan if this development does not move forward. While it seems to be implied by the Report that this is the case, I think it is very important to our neighborhood that we understand that this proposed change is development specific. From talking to my neighbors I believe it is fairly clear that we do not favor changing the plan in the abstract. I believe that any recommendation by the Commission should be clear on this point. Meeting of September 15, 2008 (Item No. 8c) Page 23 Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment 4. Conclusion. For the reasons set forth above, I believe that the Commission should hold at least one additional meeting open to the public before it makes its recommendation to the City Council. I am opposed to the proposed development in its current form and I believe many of my Minikahda neighbors are too. And finally, it is very important to my neighborhood that a decision to alter the Comprehensive Plan be development specific, with no changes to be made if the current development project does not move forward. Thank you for your time and consideration. Meeting of September 15, 2008 (Item No. 8c) Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Page 24 THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaGateway SketchSeptember 3, 200808.0089.0Meeting of September 15, 2008 (Item No. 8c) Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Page 25 THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaExcelsior SketchSeptember 3, 200808.0089.0Meeting of September 15, 2008 (Item No. 8c) Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Page 26 THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaPark Side SketchSeptember 3, 200808.0089.0Meeting of September 15, 2008 (Item No. 8c) Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Page 27 THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaStreetscape SketchSeptember 3, 200808.0089.0Meeting of September 15, 2008 (Item No. 8c) Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Page 28 THE ELLIPSE ON EXCELSIORSt. Louis Park, MinnesotaDevelopment GuidelinesSeptember 3, 200808.0089.0Meeting of September 15, 2008 (Item No. 8c) Subject: Comprehensive Plan Map Amendment – Al’s Bar Redevelopment Page 29 Meeting Date: September 15, 2008 Agenda Item #: 8d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: I-394 MnPASS Phase II Planning Study. RECOMMENDED ACTION: MN DOT staff will be in attendance to present and discuss the I-394 MnPASS Phase II Planning Study with the City Council. POLICY CONSIDERATION: In October the City Council may be asked pass a resolution accepting the study and its recommendations. BACKGROUND: The I-394 MnPASS Phase II Planning Study was a multi-agency collaboration that evaluated transit, land use, infrastructure and telecommuting in the I-394 corridor. A foundation for this work was the understanding that high-cost capacity expansions were not likely to occur in the corridor for 25 to 30 years, despite forecasts of increasing congestion that may threaten efficiency gains achieved with conversion of the high-occupancy vehicle (HOV) lanes to high-occupancy toll (HOT) lane operation. Transportation authorities will use the recommendations identified in this study to guide investments in corridor facilities and services. Communities adjacent to the corridor may use the transit supportive land use recommendations. While specific funding for implementation of these recommendations was not identified prior to the planning process, several compelling transit, land use and telecommuting recommendations are currently being advanced for programming. City staff attended Technical Advisory Group meetings for the planning study in 2007-2008. MN DOT used these meetings to update the group on the study progress, initial findings, initial recommendations and provided opportunities for questions and comments during the process. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. Meeting of September 15, 2008 (Item No. 8d) Page 2 Subject: I-394 MnPASS Phase II Planning Study VISION CONSIDERATION: St. Louis Park is committed to be a connected and engaged community. Attachments: Staff Comments To MnDOT Presentation slides provided by MnDOT Prepared by: Sean Walther, Senior Planner Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 15, 2008 (Item No. 8d) Page 3 Subject: I-394 MnPASS Phase II Planning Study City Staff Comments to MnDOT Thank you for the opportunity to comment on the I-394 MnPASS Phase II Planning Study. The City of St. Louis Park staff reviewed the document and we have the following comments. 1. Please review the attached recommendations from a recent CORSIM study prepared at the request of MnDOT as part of the AUAR process for the West End Redevelopment project. SRF Consulting Group prepared the recommendations for both studies, and should have coordinated the recommendations to some degree. We ask that MnDOT review and confirm that recommendations from both studies are consistent and complementary. 2. The transit recommendations include signal preemption by Metro Transit buses along Wayzata Boulevard. Many of the intersections along the I-394 corridor, and extending north and south from I-394, are controlled by MnDOT in order to coordinate and optimize the timing of the signals. It is not clear if MnDOT is communicating this information internally. Has the study adequately accounted for the effect of this recommendation may have on traffic and optimization efforts? Of note, City of St. Louis Park is in process of approving a cooperative agreement with MnDOT that provides for City construction, and MnDOT long-term maintenance and operation of the signals on Park Place Boulevard south of 1-394. 3. The transit improvements plan recommends a new transit-only underpass of Park Place Boulevard north of Wayzata Boulevard. This plan seems to be an important element to the plan, but also relatively expensive. There are several questions and comments regarding this recommendation. a. The expense of tunneling under Park Place Boulevard may be better justified if it served all traffic, instead of transit-only. b. The proposed underpass impacts parking and access to existing sites. These properties were significantly impacted by the construction of I-394. The loss of parking may be offset if all traffic can use the underpass and direct access to the new frontage road is provided/maintained. c. Maintaining access to in this quadrant of the City to/from I-394 via Park Place Boulevard throughout construction of an underpass/tunnel would be essential. d. The proposed roadway would essentially eliminate the existing park and ride on the northeast corner of Park Place Boulevard and Wayzata Boulevard. This site is relatively small, but it is used by Golden Valley and St. Louis Park residents. A suitable replacement or alternative should be identified, perhaps coordinated with the bus circulator system recommended to accompany the new bus route. Meeting of September 15, 2008 (Item No. 8d) Page 4 Subject: I-394 MnPASS Phase II Planning Study e. Has there been any review of the door-to-door service improvements (time) for riders of this corridor? The transit improvements proposed will benefit riders from further out in the system, but may not improve travel times when considering the transfers and time on the circulator buses for riders from/to important employment destinations along the corridor, especially in Golden Valley. 4. The land use recommendations in the report offer creative ideas for future development in the corridor. City of St. Louis Park does not necessarily support all the recommendations. Many of the proposed redevelopment projects may not be feasible until significant improvements to transit service and ridership are realized due to potential impacts on the road systems. However, we appreciate the opportunity to refer to these ideas during the City’s comprehensive and neighborhood planning processes. 5. The City of St. Louis Park has placed this item on the City Council’s September 8, 2008 Study Session agenda. This will be a good opportunity to receive City Officials’ questions and comments regarding the study. 6. It is unlikely the City of St. Louis Park City Council would “endorse” the study. It is more likely it would “accept” the study and provide formal comments. 1 I-394 MnPASS Enhancements: A Vision for the Future Presentation to St. Louis Park City Council September 15, 2008 Kenneth R. Buckeye, AICP Minnesota Department of Transportation I-394 MnPASS Phase II Goals •Identify MnPASS infrastructure enhancements to improve corridor performance. •Identify short and long-term transit, land-use and operational strategies which optimize the level of service in the corridor for all users. Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 5 2 MnPASS Phase II Objectives •Revisit original vision for MnPASS Plan •Promote Transit / HOV advantages •Link facility enhancements with urban design and land-use •Engage communities in planning, design and implementation •Coordinate with community comprehensive plan updates •Transfer learning to other projects Planning Study Elements •Infrastructure: MnPASS Facility Concepts and Preliminary Design •Transit Advantages •Land-use and Urban Design •Telecommuting •Outreach and Education Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 6 3 Infrastructure Recommendations •Ultimate Condition Scenario A –Moveable Barrier Alternative •Two eastbound lanes in AM peak •Two westbound lanes in PM peak •One eastbound lane in PM peak •Reconstruct existing eastbound GP lanes at Highway 100 •Add thru lane and new entrance to reversible section •Reconstruct HOV ramp from NB 100 •Conduct operations analysis of HOV/HOT ramp operation at Highway 100 •Evaluate third toll zone at I-94 •Estimated Cost: $31.0-$38.5 million Reversible Section - (Moveable barrier) • AM peak-period – Two lanes eastbound – Moveable barrier placed adjacent to south J-barrier • PM peak-period – Two lanes westbound – One lane eastbound PM Peak-Period Configuration Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 7 4 Transit Recommendations • Establish direct and frequent limited stop all day service • Provide additional heated bus shelters • Pedestrian bridge at Hopkins Crossroads • Signal priority at Louisiana Avenue • Grade separated transitway at Xenia/Park Place • Parking and transit center at Ridgedale • Neighborhood feeder bus Service Opportunities Park Place / Xenia Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 8 5 Cost Estimates Metro TransitReallocation of Existing Service Implement Service on South Frontage Road Metro TransitReallocation of Existing Service Neighborhood Feeder Bus Service Minnetonka, Metro Transit & Ridgedale Management $ 10,000,000500 Parking Spaces and Transit Station at Ridgedale MnDOT & St. Louis Park$ 6,100,000 Grade Separated Roadway under Park Place / Xenia Depends on Signal Jurisdiction (Hennepin County, Minnetonka, Golden Valley or St. Louis Park) $ 1,000,000 Traffic Signal Modifications & Traffic Signal Priority at Louisiana Avenue MnDOT$ 850,000Pedestrian Bridge at Hopkins Crossroads Metro Transit$ 150,000Nine Heated Bus Shelters Lead AgencyEstimated CostRecommendation Implementation Land Use and Urban Design Current Conditions • Highly auto dominated land use patterns exist throughout the corridor • Developed land in corridor is underutilized • Wetlands, soils and runoff are important issues to be considered • Locations near transit routes and key crossroads are candidates for redevelopment • Plans should take advantage of existing and proposed trail systems and connections • Enhanced off-peak transit service may create new development opportunities Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 9 6 Land Use and Urban Design Recommendations • Louisiana Avenue and Park Place/Xenia Study Area Design – St. Louis Park – Golden Valley • Ridgedale Conceptual Design – Minnetonka • Wide range of detailed land use and urban design concepts • Intended to identify what is possible/desirable for these communities and the corridor in keeping with goals of the project • Particular desire to identify transit supportive land uses • Strong linkage with existing and proposed trail systems and connections Louisiana and Park Place/Xenia Study Area: Overall Design/Plan Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 10 7 Telecommuting Recommendations • Build upon telecommuting strategies being implemented in Minnesota’s Urban Partnership Agreement – Results Only Work Environment (ROWE) – Telework/Telecommuting Promotion SUMMARY • Infrastructure – Mn/DOT leads; Hennepin County supports • Transit – Metro Transit leads (underway); Mn/DOT and communities/county support • Land use and urban design – Corridor communities lead (under advisement) • Telecommuting – Mn/DOT leads through UPA, TMOs support (underway) Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 11 8 Questions and More Information Visit:http://www.mnpass.org/phase2.html Or contact: Kenneth R. Buckeye, AICP Minnesota Department of Transportation Ph. (651) 366-3737 kenneth.buckeye@dot.state.mn.us Meeting of September 15, 2008 (Item No. 8d) Subject: I-394 MnPASS Phase II Planning Study Page 12