HomeMy WebLinkAbout2010/09/07 - ADMIN - Minutes - City Council - Regular ffiSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
SEPTEMBER 7, 2010
1. Call to Order
Mayor Jacobs called the meeting to order at 7:40 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia
Ross, and Susan Sanger.
Councilmembers absent: Councilmember Sue Santa.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Planning/Zoning
Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Public Works Director (Mr. Rardin),
Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Housing Programs Coordinator (Ms.
Larsen), and Recording Secretary (Ms. Hughes).
1 a. Pledge of Allegiance
1 b. Roll Call
2. Presentations
2a. Payroll Week Proclamation
Mayor Jacobs recited the Proclamation designating September 5-11, 2010 Payroll Week.
Terry Meggitt, past President of the Northstar Chapter of the American Payroll Association,
stated that the American Payroll Association serves to educate payroll professionals and help
them understand the various tax laws. He indicated that one opportunity the Association
would like to pursue is educating the City's youth regarding their paychecks; the Association
has a national program called "Money Matters" that has been used for this purpose.
Mr. Harmening introduced Tricia Wegner-Koense, the City's Payroll Specialist, and asked
that the City Council recognize her efforts, along with Ali Fosse, Human Resources
Coordinator.
Mayor Jacobs expressed the City Council's thanks to Ms. Wegner-Koense and Ms. Fosse.
Councilmember Finkelstein noted the Council did not have a meeting last week because of
Labor Day. The purpose of Labor Day is to thank working people and retirees because
without their efforts, there would not have been health insurance and, overtime, a 5-day
work week, pensions, and indeed it took the Teamster's Strike in 1924 that resulted in the
death of four being shot by police cannons that led to the adoption of the Labor Relations
Act. He commented that we need to remember what led to its passage and asked that all
pause and reflect on that.
Council Meeting -2- September 7, 2010
3. Approval of Minutes
3a. Study Session Minutes of August 9, 2010
Councilmember Finkelstein requested that the third sentence of the first paragraph under
"2011 Budget Discussion" on page 1 be revised to state "He stated that the combined
preliminary General Fund/Park and Recreation Fund budget reflects a 1.6% increase from
2010 to 2011 and that even with a 1.6% increase in the budget, most people would see a
decrease in their City property tax."
Councilmember Mavity requested that the third full paragraph on page 2 be revised to state
"Councilmember Mavity asked if there will be other G.O. bond requirements through 2020
that are not currently outlined in the debt service levy requirements and expressed concern
that there may be other projects in the future requiring bond issuance. She also expressed
concern that some of the future projects that require bonding are not reflected in the
budget."
The minutes were approved as amended.
3b. City Council Minutes of August 16, 2010
The minutes were approved as presented.
3c. Study Session Minutes of August 23, 2010
Councilmember Finkelstein requested that the second paragraph on page 3 be revised by
adding "He pointed out that at this point in time, given the City's finances, it is not clear
that there is a need for a community center building and it is also not clear what needs are
not currently being met."
Councilmember Sanger requested that the fourth sentence in the first paragraph on page 3
be revised to state "She stated it will be important to differentiate between the need and
desire for recreational facility space versus what residents want, e.g., upgrading existing
recreational facilities versus adding facilities or amenities that do not already exist in St. Louis
Park.
The minutes were approved as amended.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
Council Meeting -3- September 7, 2010
4a. Adopt Resolution No. 10-086 authorizing the special assessment for the repair of
the sewer service line at 7430 North Street, St. Louis Park, MN - P.I.D. 20-117-21-
21-0052.
4b. Adopt Resolution No. 10-087 authorizing the special assessment for the repair of
the sewer service line at 5736 - 251/2 Street West, St. Louis Park, MN — P.I.D. 09-
117-21-24-0048.
4c. Removed from Consent and placed on regular Agenda as Item 8e.
(Designating Global Specialty Contractors the lowest responsible bidder for the West
36th Street Streetscape Bridge Enhancement- Project No. 2010-2600.)
4d. Approve an Encroachment Agreement at 1600 West End Boulevard (Rojo) for
Temporary Private Use of Public Land for outdoor dining and Approve premises
amendment to the on-sale intoxicating and Sunday liquor license for Rojo West End,
' LLC, dba Rojo Mexican Grill, 1602 West End Boulevard.
4e. ' Approve 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 the
2010-2011 Winter Season.
4f. Approve a Temporary On-Sale Intoxicating Liquor License for Most Holy Trinity
Parish, 4017 Utica Avenue South, for their Fall Celebration Event to be held
September 11, 2010.
4g. Removed from Consent and placed on regular Agenda as Item 8f
(Resolution approving designation of nonconservation land shown on Classification
List "1528 C/NC" by Board of County Commissioners of Hennepin County for the
property at 2944 Brunswick Ave South and approving acquisition)
4h. Approve a one-year extension for the filing of the plat of METROPOINT.
4i. Approve a one-year extension for the Sam's Club Fuel Station CUP for excavation.
4j. Adopt Resolution No. 10-088 approving the EDA's issuance of Tax Exempt TIF
Refunding Bonds (Series 2010) related to Hoigaard Village.
4k. Adopt Resolution No. 10-089 electing to continue participation in the Local
Housing Incentives Account Program under the Metropolitan Livable Communities
Act and agree to the affordable and life-cycle housing goals as determined by the
Metropolitan Council for calendar years 2011 —2020.
41. Reappoint Isabella Stewart as a Youth Commissioner to the Human Rights
Commission for the term ending August 31, 2011.
4m. Accept for Filing Vendor Claims for the period August 14, 2010 through September
3, 2010.
4n. Approve for Filing Planning Commission Minutes July 21, 2010.
Mr. Harmening advised that the City received a request today from the applicant in item 8b
to again postpone Council action on its request for a Conditional Use Permit in order to
allow the applicant time to continue to work on its application. He also advised that
Councilmember Omodt has requested that Consent Calendar items 4c and 4g be removed
from the Consent Calendar and placed on the Regular Agenda.
Council Meeting -4- September 7, 2010
Councilmember Mavity requested that item 8b (Dairy Queen —Conditional Use Permit for
In-Vehicle Service) be removed from the regular agenda. She stated that Dairy Queen is
working hard to address all of the City's concerns and pointed out that the applicant's
request to postpone Council action was received at the last minute. She acknowledged that
there are many residents paying attention to this issue and who are ready each time this item
is put on the agenda.
It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve
the Agenda as amended to remove item 8b, and items listed on the Consent Calendar as
amended to move Consent Calendar items 4c and 4g to the regular agenda as items 8e and
81;and to waive reading of all resolutions and ordinances.
The motion passed 6-0.
5. Boards and Commissions - None
6. Public Hearings
6a. Public Hearing and First Reading Gambling Ordinance Amendments
Ms Stroth presented the staff report and stated that the proposed amendments to Chapter 15
include an increase to 1.25% of the local gambling tax to cover certain administrative
expenses related to charitable gambling and adding a requirement that charitable gambling
organizations contribute to a 10% Contribution Fund with an exemption for those
organizations that expend 100% of their lawful purpose expenditures within the City. She
noted that additional language has been added to clarify that organizations with more than
one site must report their distribution of gambling proceeds from each site separately.
Mayor Jacobs opened the public hearing.
Mr. Bill Stump, sitting Commander of the St. Louis Park Legion, requested that the City
Council further study this issue and not take action this evening. He stated that the Legion
is the last veteran's organization in St. Louis Park and any increase in the local gambling tax
will have an impact on the City's veterans. He stated if the tax is approved, he asked that the
City Council consider a special exemption for the Legion.
Councilmember Omodt stated his preference would be to take this matter back to study
session to ensure that there are no unintended consequences as a result of the ordinance
amendments. He indicated the Council's intent was to keep as much funding as possible in
the City for the various nonprofit organizations.
Councilmember Sanger stated that she felt the proposed amendments accurately represent
the Council's direction and encouraged the Council to take action on the first reading. She
indicated that there are many worthwhile nonprofits in the community and she does not
want the Council to be in a position of having to determine who gets a special exemption.
Council Meeting -5- September 7, 2010
Councilmember Ross agreed with Councilmember Omodt and stated she would like more
information on how similar organizations work and how their charitable gambling
operations may be impacted by the amendments.
Councilmember Finkelstein stated that when the Council initially discussed the proposed
amendments, the Council wanted to make sure the City's administrative expenses were being
covered as well as to have an understanding of where charitable gambling proceeds were
being spent. He acknowledged that full consideration may not have been given to the impact
the amendments would have on the veteran's organizations. He stated that he was in favor
of continuing this matter for further discussion by the Council.
Mr. Stump stated that the Legion currently gives 74% of all donations to St. Louis Park
charities and 26% of all donations to primary veteran's organizations. He presented the
Council with a list of all donations provided by the Legion.
Mr. Bill MacMillan, 1800 Louisiana Avenue South, stated that the Legion is currently the
only nonprofit that runs charitable gambling in the City.
Councilmember Finkelstein expressed concern about any for-profit restaurant or bar using
the charitable gambling as a way to subsidize its business operations.
Mayor Jacobs closed the public hearing.
It was moved by Councilmember Omodt, seconded by Councilmember Ross, to defer action
and bring the issue back to Council at a Study Session in September.
Mayor Jacobs stated that the Council can discuss this matter further in study session and
defer the first reading, or the Council can pass the first reading tonight and hold its study
session discussion between the first and second readings.
Councilmember Mavity stated her preference would be to pass the first reading and then
have a study session discussion prior to the second reading. She indicated that if the City
receives a new request for a charitable gambling license, the City will be ready with whatever
amendments are finally adopted by the Council.
Councilmember Sanger agreed with Councilmember Mavity.
Councilmember Omodt reiterated his request to bring the issue back to study session for
discussion by the entire Council.
Mr. Scott advised that the Council can make revisions to the ordinance between the time of
the first and second readings.
Council Meeting -6- September 7, 2010
Councilmember Finkelstein asked if the approval or denial of a new charitable gambling
license could be delayed if the first reading is not passed this evening.
Mr. Scott replied that the timeline for approval of a premises permit is fairly open.
Ms. Stroth added that the City likely has more than sixty days to take action on a new
premises permit application. She pointed out that the City no longer takes action on
premises permit renewals.
Mayor Jacobs called for a roll call vote:
Councilmember Omodt:• aye
Councilmember Ross: aye
Councilmember Finkelstein: aye
Councilmember Mavity.• nay
Councilmember Sanger:: nay
Mayor Jacobs: aye
The motion passed 4-2
Mayor Jacobs requested that this item be placed on the study session agenda as soon as
possible. He stated there appears to be some consensus that the City should consider
granting an exemption to organizations that operate a nonprofit premise.
7. Requests, Petitions, and Communications from the Public— None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. West End PUD Major Amendment and Shadow Variance
Resolution No. 10-093 and 10-094
Mr. Walther presented the staff report and stated that the Final PUD approved for the site
included a hotel pad site on 16th Street and this approval anticipated a variance would be
required due to shadowing requirements. He advised that the applicant is proposing to
change the hotel pad site use to a multiple family residential six story building with 120
apartments with structured parking. He presented the site plan and proposed parking for
the site, and noted that because the proposed use is located in an office district, a PUD
modification is being requested for density of 112.6 units/acre and a floor area ratio of 3.9.
He discussed the shadow rules wherein the City sets a daily limit in the Code that cannot be
exceeded for more than 60 days per year; the shadow study indicates there will be 123 days
where the project shades exceeds the daily limit. He reviewed staff's variance analysis. He
noted the City's shadow rules do not apply to buildings within the same PUD. The purpose
of a PUD is to develop in a coordinated fashion. Although the Hilton Homewood Suites
was built under a separate PUD; in this case, the City and Duke Realty were in the planning
stages for the Shops at West End and the Hilton was aware of this project and it has been
Council Meeting -7- September 7, 2010
developed in a coordinated fashion. He added that the hotel owner and the developer
provided a letter of support for the variance 8 months before the hotel even started
construction. He then introduced Christopher Culp from Excelsior Group.
Councilmember Sanger asked how many of the apartments would be one bedroom and two
bedroom units.
Mr. Culp stated they anticipate that approximately 50% of the units will be one bedroom,
approximately 40% of the units will be two bedrooms, and approximately 10% of the units
will be studio apartments.
Councilmember Sanger requested further information regarding tandem parking and asked
if people who live in different apartments will have to share tandem space. She expressed
concern about creating a situation where people end up parking in the Rainbow lot and
crowding the parking in that lot.
Mr. Culp replied that only residents living in the same unit will be assigned tandem parking
spaces. He added that they have worked with Duke to alleviate this concern and Duke has
agreed to provide hang tags to residents so that they will be allowed to park in the
Moneygram office tower parking ramp from 6:00 p.m.-7:30 a.m. and anytime on weekends
and holidays.
Councilmember Sanger asked how the recent Supreme Court decision on variances affects
the City Council's decision on the shadow variance.
Mr. Scott advised that the City Council can approve the variance in this case due to the
unique circumstance of the prior PUD approval. He explained that the Supreme Court case
says you can only grant a variance if, but for granting of the variance, the property owner
would not have reasonable use of the property; in this case, the property owner would be
limited to a two-story building and there is a good argument under the context of the prior
PUD approval that a tall building was intended under the PUD, i.e., a hotel, and the shadow
issue was addressed in the context of the regulations. He stated that the argument in this
case, the limitation of a two-story building,would not be a reasonable use of the property.
Councilmember Ross expressed concern about the parking and traffic flow in the area and
stated that parking is an ongoing issue at Rainbow and the restaurant parking is taken up in
the Rainbow lot. She requested information regarding how traffic will flow in the area, as
well as how the guest parking and extended parking will work. She also expressed concern
regarding the driveway that goes between Rainbow and the proposed site because it tends to
get very crowded.
Councilmember Omodt noted that Rainbow has recently re-signed their lot and has posted
"no restaurant parking" signs in their lot,which has eased the parking burden.
Council Meeting -8- September 7, 2010
Mr. Culp advised that he hopes to offer the residents a better alternative than parking in the
Rainbow parking lot and felt this will be accomplished with the underground as well as
covered parking. He stated that a single driveway will be used by all residents to the 71
grade level parking spaces off 16th Street; is drivers continue on 16th Street, they will
approach the ramp and proceed to the 99 underground parking spaces. He added the
AUAR update suggested that traffic with this use is slightly less than expected with a hotel
use. Mr. Culp also stated he had not given much thought and did not know about guest
parking.
Mr. Walther noted that the original PUD approval included a hotel drop-off location that
would connect 16th Street to the Rainbow driveway; the proposed use is far superior in terms
of controlling traffic and speeds and maintaining the safety of that intersection. He added
that staff is working with SRF Consulting regarding this intersection to determine what
would be appropriate in this area for changes or improvements.
Councilmember Mavity expressed her support for this project and requested further
information regarding the DORA requirements.
Mr. Walther stated that the Designed Outdoor Recreation Area (DORA) requirements are
meant to define exactly what is expected of outdoor spaces on these types of projects. He
indicated this project is a good example of showing a good mix of passive and active people
spaces on the project. He stated that in most districts, 12% of the land area is required to be
DORA; the Office District is peculiar because it allows for DORA to be provided off-site
and it requires more DORA than other districts for high density developments anticipates
higher density with a minimum of 12% of the land area or 12% of the building area,
whichever is greater. He explained that in this case, the building area is the guiding rule.
The City Code allows the development to provide the required DORA outside of the actual
space where the development is occurring, i.e., this development uses a small portion of the
people spaces which were already developed as part of the Shops at West End. He added
that overall, the Shops at West End provided 15% DORA based on building area and this
project provides 9-10% on site and 2-2.5% on other property. He pointed out that DORA
cannot be double counted.
Ms. McMonigal provided a comparison by stating if this project were in an R-4 zoning
district, it would have to provide approximately 5,600 square feet of DORA; this project is
providing 12,000 square feet of DORA on-site.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 10-093 Amending and Restating Resolution Nos. 08-057, 08-128, 09-040,
and 09-064 Relating to a Final Planned Unit Development for the West End
Redevelopment Project Located at the Southwest Quadrant of Interstate 394 and Highway
100.
The motion passed 6-0.
Council Meeting -9- September 7, 2010
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 10-094 Granting a Variance from Section 36-366(B)(1)G. of the
Ordinance Code Relating to Building Design to Permit a Planned Unit Development
Exceeding the Shadow Regulations for Property Located in the Office Zoning District at
5310 16th Street West.
The motion passed 6-0.
Councilmember Sanger noted that the Council is supportive of this project because it fits
well in the context of the overall West End project; however, this kind of dense use with
little outdoor green space would be troublesome in most other parts of the City.
8b. Dairy Queen— Conditional Use Permit for In-Vehicle Service
This item was removed from the agenda.
8c. Adoption of the 2011 Preliminary General Fund and Park and Recreation
Budgets, 2011 Preliminary City and HRA Property Tax Levies
Resolution No. 10-090 and 10-091
Mr. Harmening presented the staff report and policy questions for Council consideration.
He stated that based on earlier discussions with the Council, the 2011 General Fund and
Park and Recreation budgets have been prepared under the premise of holding the line on
operating expenditures and to continue to reinvest in the City's infrastructure. He explained
that the 2011 loss of approximately $667,000 of market value homestead credit (MVHC)
has been reflected in the preliminary budget and following discussions with the Council, the
2011 budget proposes a maximum levy increase of 4.88%, which equates to approximately
$1.1 million. He noted that 2.82% of this amount relates to operations and the remaining
2.60% will go toward infrastructure improvements. He pointed out that even with this levy
increase, most property owners will see a reduction in the City portion of their 2011 taxes.
He indicated that the Council's policy decisions in the past related to promoting
redevelopment in the City have resulted in several TIF districts coming back on line and all
that value is now being made available to soak up property tax increases. He asked the
Council to acknowledge staff's efforts in preparing a balanced budget.
Mr. Swanson presented an overview of the 2011 preliminary budget and property tax levy
and reiterated that the City will not receive MVHC in 2011; the City also does not receive
LGA, which means that the City's share of property taxes is slightly higher than other cities
who receive these funds. He added that 65% of the City's revenue is from property taxes.
Councilmember Finkelstein pointed out that at one time the City was receiving $2.1 million
in LGA and those monies were cut six years ago and the City has had to make up the
difference.
Council Meeting -10- September 7, 2010
Mr. Swanson stated that 2011 budget expenditures show a 1.6% increase over 2010, with
the most significant increase in public safety. He indicated the budget proposes to continue
to invest in public safety with an overall increase of 2.4% over the 2010 adopted budget. He
presented an overview of 2011 personnel versus non-personnel expenditures and indicated
that personnel-related costs for the General Fund represent approximately 79% of the total
budget, or approximately $18 million and the Park and Recreation Fund's personnel costs
are 57% out of an approximate $6 million budget. He then reviewed the 2010-2011 tax
levy allocation, noting that a 4.8% increase equates to an approximate $1 million increase
over 2010. He reviewed the tax levy allocation and stated the capital replacement fund
includes a significant increase; this increase is based on the City's long range financial
management plan which seeks long term sustainability of the funds. He noted that the City
had some bonds retired in 2010 and 2009 which allowed for a significant decrease in the
City's debt service and allows the City to reallocate those funds into the capital replacement
fund. He then reviewed the City tax implications for 2011 based on a preliminary levy
increase of 4.88%which shows a decrease in the City tax for a majority of properties owners.
He advised that the City Council will hold additional study session meetings to discuss the
budget, utility rates, and capital items through November, with final budget and tax levy
approval occurring in December.
It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to adopt
Resolution No. 10-090 Approving 2011 Preliminary General Fund and Park and
Recreation Budgets, 2011 Preliminary Property Tax Levy, and Setting Public Hearing Date
for the 2011 Proposed Budget and Property Tax Levy and adopt Resolution No. 10-091
Authorizing the Preliminary HRA Levy for 2011.
The motion passed 6-0.
Mayor Jacobs expressed the City Council's thanks to staff for their efforts in preparing a
balanced budget.
8d. Supplemental Agreement No. 2 to Contract No. 119-09, Highway 7/Wooddale
Interchange Project— Project No. 2004-1700
Mr. Harmening presented the staff report and stated that the City entered into a contract
with Ames Construction last fall for the Highway 7/Wooddale interchange project; Ames
Construction was the lowest responsible bidder for this approximate $11.5 million project.
He stated that the total estimated cost for this project was approximately $16.3 million. He
explained that Ames recently informed the City it was making a claim for approximately
$1.6 million for costs they would experience due to utility construction delays relating to
private utility companies; staff and the City Attorney have reviewed the claim with various
Mn/DOT staff and they have indicated the claim by Ames has merit and recommended we
negotiate a settlement. He indicated that staff has been working on a settlement with Ames
and based upon the totality of the circumstances associated with the claim, the City has
entertained a settlement with Ames in the amount of$400,000, with $200,000 provided as
base compensation for delays and $200,000 as incentive pay for substantial completion by
Council Meeting -11- September 7, 2010
November 19, 2010. He added that the City's share of the settlement would be $60,000,
with Mn/DOT contributing $20,000 and $320,000 coming from Federal stimulus monies.
He noted that this amount is within the $658,000 contingency budget for the project.
Councilmember Sanger stated that she would not support this settlement and indicated she
was not convinced that there is any legal liability for the City in this claim. She stated she
also does not agree with the timing of the settlement where the claim is settled in the middle
of a contract. She added that while she understands the practical reality of settling, this is a
$400,000 settlement, it is all taxpayer money, and it is not a proper use of taxpayer money.
Councilmember Finkelstein stated that the City can settle for $60,000 or risk being sued for
well over $500,000. He indicated the City has been informed by the City Attorney that the
settlement is not covered by insurance, and the City has also been informed by Mn/DOT,
who is administering the project on the City's behalf as its agent, that the claim should be
settled, and Mn/DOT has offered to pay $20,000 toward that settlement. He felt that the
City should follow its role and be good stewards of taxpayer money and pay $60,000 to
settle this claim. He added that he is not happy with Ames and whether the City settles this
claim or not, there is nothing to prevent Ames from doing something further in this regard.
It was moved by Councilmember Finkelstein, seconded by Councilmember Ross, to
Approve Supplemental Agreement No. 2 to Contract No. 119-09, Highway 7/Wooddale
Interchange Project—Project No. 2004-1700.
Councilmember Omodt stated that it is wrong to assume that anyone who votes against this
settlement is not a good steward of taxpayer money. He indicated that Ames was asking for
up to $4 million and he questioned Ames' motives in bidding the project low and now
coming back and asking for additional money. He stated he did not feel the City should
pay the contractor an incentive to settle its claim. He added that Ames and/or Mn/DOT
should have recognized early on that there were problems with the utilities. He asked the
Council to consider a broader study session discussion regarding alternative dispute
resolution in future projects.
Councilmember Mavity agreed with the concerns expressed by the Council and stated that
staff feels the proposed settlement is appropriate and the settlement reduces further exposure
of the taxpayers.
Councilmember Ross stated that she agreed with Councilmember Finkelstein that this claim
should be settled now rather than further tying up the project and incurring additional legal
expenses. She agreed that the City needs to review its bidding process and how to approach
the bidding process in the future.
Mayor Jacobs stated that nobody is happy about this, but on balance, the City is trying to be
good stewards of taxpayer money and there was no wrongdoing on the part of the Council or
City staff. He stated that given the circumstances and based on advice from the City
Attorney and the engineers, the City should pay this and move on. He agreed that the
Council Meeting -12- September 7, 2010
Council needs to have a discussion about how to prevent this from happening again and how
to protect the City.
The motion passed 4-2(Councilmembers Sanger and Omodt opposed).
8e. Designate Global Specialty Contractors the Lowest Responsible Bidder and
Authorize Execution of a Contract with the Firm in the Amount of
$181,965.77 for the West 36th Street Streetscape Bridge Enhancement - Project
No. 2010-2600
Councilmember Omodt stated that he requested the removal of this item from the consent
calendar based on the discussion regarding the settlement with Ames. He indicated the
engineer's estimate for this project was $177,000 and the lowest bid was $4,000 more than
the engineer's estimate, while the other bids were considerably higher. He expressed concern
about this contractor's ability to complete the project for the bid amount, and questioned
whether this contractor purposely bid the project low only to come back later with extensive
change orders.
Councilmember Finkelstein asked what authority the Council has to reject the lowest bidder
if there are concerns by the Council regarding the bid and/or the contractor's experience.
Mayor Jacobs discouraged the Council from micromanaging construction projects and stated
the Council's job is to make sure a bidder is responsible and that their bids are accurate. He
added that staff does a good job of vetting out contractors.
It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to
\Designate Global Specialty Contractors the Lowest Responsible Bidder and Authorize
Execution of a Contract with the Firm in the Amount of$181,965.77 for the West 36th
Street Streetscape Bridge Enhancement-Project No. 2010-2600.
The motion passed 6-0.
8f. Adopt Resolution Approving Designation of Nonconservation Land Shown on
Classification List "1528 C/NC" by Board of County Commissioners of
Hennepin County for the Property at 2944 Brunswick Ave South and
Approving Acquisition of Property for $87,915.00.
Resolution No. 10-092
Councilmember Omodt stated that he requested this item be pulled from the Consent
Calendar in order to formally recognize the City's affordable housing programs. He added
that an article will be published soon regarding affordable housing in St. Louis Park and this
property is a good example of the City's efforts in this regard.
Mr. Locke stated that the City has worked with the West Hennepin Affordable Housing
Land Trust to occasionally acquire homes that then get remodeled and resold to people as
Council Meeting -13- September 7, 2010
affordable housing. He indicated that one of the ways these homes are made affordable is
that the Land Trust continues to hold title to the land, selling only the house to the buyer
with a 99 year land lease. He added the City has done several of these projects in the past.
Councilmember Omodt stated that this is important work and represents a good news story
for the City. He complimented staff for their efforts on the City's affordable housing
programs.
It was moved by Councilmember Omodt, seconded by Councilmember Mavity, to adopt
Resolution No. 10-092 Approving Designation of Nonconservation Land Shown on
Classification List "1528 C/NC"by Board of County Commissioners of Hennepin County.
The motion passed 6-0.
9. Communications
Mayor Jacobs reminded residents of the waffle dinner at the Lenox Center on Friday,
September 24th beginning at 4:30 p.m. and that tickets are available and include a designated
time for dinner.
Councilmember Sanger reminded residents of the St. Louis Park Historical Society's Ice
Cream Social on Saturday, September 18th, at the Depot from 1:00-4:00 p.m.
Councilmember Omodt stated that Darrin James Salon will be hosting an event on
Saturday, September 11th, from 9:00-5:00 p.m. and all proceeds will go to the Wounded
Warrior Project.
10. Adjournment
The meeting adjourned at 9:37 p.m.
Nancy Stroth, City Clerk Jeff Jacob:, I .yor