HomeMy WebLinkAbout2007/05/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
COUNCIL CHAMBERS
May 21, 2007
7:30 p.m.
7:00 p.m. EDA MEETING
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Brite Media Advertising Donation
2b. Public Works Week Proclamation
3. Approval of Minutes
3a. City Council Minutes of May 7, 2007
3b. Study Session Minutes of May 7, 2007
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.
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 Commissions from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Police Officer Union Contract: January 1, 2007 – December 31, 2009
A three year agreement between the City and the Police Officers Union for
2007-2009.
Recommended
Action:
Motion to adopt attached Resolution approving a Labor
Agreement between the City and Law Enforcement Labor
Services (LELS) Local #206, establishing terms and conditions of
employment for three years, from 1/1/07 – 12/31/09.
8b. 2849 Jordan Avenue South –Preliminary and Final Plat and Subdivision
Variance
This report requests that the City Council adopt a resolution approving the
Preliminary and Final Plat of Hannon Lake Addition for property at 2849
Jordan Avenue South with a Subdivision Variance for sidewalk construction.
Recommended
Action:
Motion to adopt Resolution approving the Preliminary and Final Plat
of Hannon Lake Addition with a Subdivision Variance.
8c. Motion to adopt the attached resolution approving a Sanitary Sewer Backup
Policy.
This report requests that the City Council adopt a resolution approving the
sanitary sewer backup policy and authorizing staff to obtain the insurance
policy as a means to carry out staff’s understanding of the Council’s previous
direction.
Recommended
Action:
Motion to adopt attached Resolution Approving Sanitary Sewer
Backup Policy and Authorizing Staff to Purchase Insurance from
the League of Minnesota Cities Insurance Trust.
8d. Request for Conditional Use Permit by the City of St. Louis Park to permit the
placement of approximately 3,000 cubic yards of fill material to construct four
additional tennis courts at Aquila Park
Case No. 07-15-CUP
Location: Aquila Park
Recommended
Action:
Motion to adopt resolution approving a Conditional Use Permit to
allow the placement of approximately 3,000 cubic yards of soil in
Aquila Park subject to conditions included in the resolution.
9. Adjournment
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 CITY COUNCIL
MEETING OF May 21, 2007
SECTION 4: 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 Council member or a member
of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to approve revised Telecommunication Bylaws adopted May 3, 2007.
4b. Motion to approve amendment to On-sale and Sunday intoxicating liquor license for
Applebee’s Neighborhood Grill & Bar, 8332 Highway 7.
4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Most Holy
Trinity Parish, 4017 Utica Avenue South.
4d. Motion to approve Resolution Directing Purchase of a Tax Forfeit Parcel, 2005 Louisiana
Ave, relating to the Vacant Land Sale Process.
4e. Second Reading for an Ordinance to Vacate a Portion of a Drainage and Utility Easement
at 4131 Webster Avenue.
4f. Second Reading for an Ordinance Vacating a Portion of a Drainage and Utility Easement
at 2535, 2545 Huntington and 2540 France Avenues.
4g. Consideration of a Preliminary Development Agreement with Duke Realty for its
proposed “West End” commercial redevelopment project.
4h. Motion to Terminate a Special Permit at 5525 Cedar Lake Road (Life Time Fitness).
4i. Bid Tabulation: Motion to designate All City Elevator Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $130, 132 for the
2007 City Hall Elevator Modernization Project – Project No. 2008-1800.
4j. Motion to approve Resolution establishing a special assessment for the installation of a
fire suppression sprinkler system at 3230 Gorham Ave., St. Louis Park, MN 55426.
4k. Bid Tabulation: Motion to reject the bids for the Sanitary Grit Disposal Facility
– Project No. 2006-1500.
4l. Bid Tabulation: Motion to designate Midwest Asphalt, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $625,674.09 for the
Dakota Avenue Reconstruction and W. 38th Street Rehabilitation, 2007 Municipal State
Aid Street Projects – Project No. 2006-1101 and 2006-1102.
4m. Motion to approve payment to School District #283 for an operations grant of $35,000 and
a grant of $9,000 for equipment and Junior High video club staffing from Cable TV
franchise fees in 2007.
4n. Motion to accept for filing Parks and Recreation Advisory Commission Minutes of March
21, 2007.
4o. Motion to accept for filing Police Advisory Commission Minutes of March 7, 2007.
4p. Motion to accept for filing Planning Commission Minutes of April 11, 2007.
4q. Motion to accept for filing Planning Commission Minutes of April 18, 2007.
4r. Motion to accept for filing Planning Commission Minutes of May 2, 2007.
4s. Motion to accept for filing Housing Authority Minutes of April 11, 2007.
4t. Motion to accept for filing Vendor Claims
St. Louis Park City Council Meeting
Item: 052107 - 2a - Brite Media Advertising Donation
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2a. Brite Media Advertising Donation.
BACKGROUND:
In March, the City of St Louis Park accepted a no-cost opportunity to promote the programs that
gained our city a prestigious national award for the second consecutive year. Brite Media
donated an estimated $45,000 worth of unique advertising, allowing the city to promote the
Children First Initiative, and the other programs that designated St. Louis Park as one of the “100
Best Communities for Young People” ...again! The posters appear in 76 locations, mostly
restaurants and movie theaters, in St. Louis Park, Minnetonka, Minneapolis, Hopkins, Edina,
Eden Prairie and Golden Valley. The ads began appearing in March and are expected to be in
place through August.
Tom Spooner, a 14 year St Louis Park resident & Brite Media representative, the Parktacular
board of directors and Jenny Buskey from Parks and Recreation were all instrumental in
facilitating this opportunity to demonstrate to Twin Citians some of the many reasons why St
Louis Park is one of America’s 100 best communities!
PRESENTATION: Representatives from Brite Media will be present to present a framed poster
to the mayor and council.
Attachments: Advertising locations
Sample poster
Prepared by: Jamie Zwilling, Communications Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
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St. Louis Park City Council Meeting
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St. Louis Park City Council Meeting
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St. Louis Park City Council Meeting
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PROCLAMATION
National Public Works Week
WHEREAS, public works services provided in our community are an
integral part of our citizens’ everyday lives; and
WHEREAS, the support of understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water,
sewers, streets and highways, public buildings, and solid waste collection; and
WHEREAS, the health, safety and comfort of this community greatly
depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill
of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who
staff public works departments is materially influenced by the people’s attitude
and understanding of the importance of the work they perform,
NOW THEREFORE, let it be known that the Mayor and City Council of the
City of St. Louis Park wish to proclaim the week of May 20-26, 2007 as
“NATIONAL PUBLIC WORKS WEEK” and call upon all citizens and civic
organizations to acquaint themselves with the issues involved in providing our
public works and to recognize the contributions which public works officials
make every day to our health, safety, comfort and quality of life.
WHEREFORE, I set my hand and cause the
Great Seal of the City of St. Louis Park to be
affixed this 21st day of May, 2007.
______________________________________
Jeffrey W. Jacobs, Mayor
St. Louis Park City Council Meeting
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UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
MAY 7, 2007
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, Susan
Sanger and Loran Paprocki.
Councilmembers absent: C. Paul Carver
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director (Mr. Locke), City Engineer (Mr. Brink), TSS Director (Mr. Pires),
Broadband Coordinator (Mr. Landis), Asst. Zoning Administration (Mr. Morrison), Finance
Director (Mr. DeJong), Fire Chief (Mr. Stemmer), Battalion Chief (Mr. Dobesh), Chief of Police
(Mr. Luse), Deputy Chief (Mr. DiLorenzo), Community Coordinator (Mr. Zwilling), and
Recording Secretary (Ms. Schmidt).
Guests: Mark Ruff, Ehlers & Associates and Scott Millar, Columbia Telecommunications, Inc.
2. Presentations
2a. Caring Youth Day Proclamation
Mayor Jacobs read proclamation for St. Louis Park Caring Youth Day on May 8, 2007
stating it will be hosting its 18th annual community celebration in recognizing young
people. Mayor Jacobs stated it was the creation of the Westwood Lutheran Church and
Roland and Doris Larson and is now planned by representatives of several community
organizations.
2b. Life Time Fitness Certificate of Appreciation
Mayor Jacobs presented Life Time Fitness a Certificate of Appreciation for their
dedication and lifesaving efforts with the use of AED on March 6, 2007. Mayor Jacobs
stated because of the quick action of staff and having lifesaving equipment available Mr.
William Recker is alive today. Mr. Dobesh presented the certificate to Chris Schultheis,
General Manager of St. Louis Park Life Time Fitness. Mr. Recker presented pins and
certificates from Hennepin County Medical Center (HCMC) to the rescuers, Yvette
Peters, employee who initiated CPR; Dustin Greenig, employee who applied AED; Fire
Chief Dobesh and Firefighters Hugo Searle and Robert Hampton.
St. Louis Park City Council Meeting
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2c. File of Life Day Proclamation
Mayor Jacobs read proclamation for File of Life Day on June 12, 2007. Mayor Jacobs
stated the File of Life program provides citizens with a means to disclose vital personal
data and personal contacts via a magnetic folder and placed visibly on the outside of their
refrigerator. Fire Chief Stemmer explained it would be unveiled during their open house
on June 12, 2007.
3. Approval of Minutes
3a. City Council Minutes of April 9, 2007
It was noted on page 5, the seventh paragraph, fourth sentence should state: “… work to
be done and for the further improvements that could and should be done.” improvements
that could and should be made.
The minutes were approved as amended.
3b. Study Session Minutes of April 9, 2007
It was noted on page 2, the first paragraph, first sentence should state: “… suggested the
Mixed Blood partnership.”
The minutes were approved as amended.
3c. City Council Minutes of April 16, 2007
The minutes were approved as presented.
3d. Study Session Minutes of April 16, 2007
It was noted on page 2, the ninth paragraph, second sentence should state: “… line of site
or the overall visual clutter along roadways.”
It was noted on page 3, the third paragraph, first sentence should state: “… locating the
solar panels because of the tree issue.”
The minutes were approved as amended.
3e. Study Session Minutes of April 23, 2007
It was noted on page 3, the seventh paragraph should state: “Councilmember Paprocki
stated he felt Duke has been responsive to Council’s requests, but is still concerned with
the TIF.”
It was noted on page 3, the ninth paragraph, third sentence should state: “… suggesting
the City possibly purchase a portion if a public need is identified.”
The minutes were approved as amended.
St. Louis Park City Council Meeting
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4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a. Motion to approve Second Reading of Ordinance No. 2329-07 Amending Chapter
3 of the St. Louis Park City Code concerning Alcoholic Beverages and relating to
administrative penalties, window signage limitations, distance restrictions; and
approving the ordinance summary and authorizing publication.
4b. Motion to approve Resolution No. 07-055 approving relocation of Polling
Locations for Precincts 3 and 4 located in Ward 1.
4c. Motion to adopt Resolution No. 07-056 authorizing award of the 2007 St. Louis
Park Arts and Culture Grants.
4d. Motion to approve ownership transfer of current liquor license for Leeann Chin,
Inc., DBA Chin’s Asia Fresh at 8332 Highway 7, Suite 333.
4e. Motion to approve Resolution No. 07-057 for the 2007 Neighborhood Grants.
4f. Bid Tabulation: Motion to designate G.F. Jedlicki, Inc. as the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$817,414.75 for Drainage Improvement Project – Dakota Park Area Drainage
Improvements, City Project No. 2003-1300.
4g. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of
$1,792,999.55 for the 2007 Local Street Improvement Project– City Project No.
2006-1000, 2006-1100, and 2007-1400.
4h. Motion to accept for filing Fire Civil Service Commission Minutes February 5,
2007.
4i. Motion to accept for filing Vendor Claims.
It was moved by Councilmember Paprocki, 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
6a. First Reading of an Ordinance Vacating a Portion of a drainage and Utility
Easement for 2535, 2545 Huntington Avenue and 2540 France Avenue.
Mr. Morrison presented the staff report.
No speakers present.
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It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to
approve Case No. 07-17-VAC, the first reading of an ordinance vacating a portion of a
drainage and utility easement for 2535, 2545 Huntington Avenue and 2540 France
Avenue; and to set second reading for May 21, 2007.
The motion passed 6-0.
6b. First Reading of an Ordinance Vacating a Portion of a drainage and Utility
Easement for 4131 Webster Avenue.
Mr. Morrison presented the staff report.
No speakers present.
Councilmember Basill thanked staff for working with the applicant and their work done.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to approve
Case No.: 07-14-VAC, the first reading of an ordinance vacating a portion of a drainage
and utility easement for 4131 Webster Avenue; and to set second reading for May 21,
2007.
The motion passed 6-0.
7. Requests, Petitions and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Resolution to Accept Bids for General Obligation Utility Revenue Bonds
Resolution No. 07-053
Mr. DeJong presented the staff report.
Mr. Ruff, Ehlers & Associates, stated Stifel, Nicolaus & Co., Inc. was awarded the bid.
Mr. Ruff stated the interest rates are about 35 percent less than they had anticipated.
Councilmember Finkelstein asked how much the City saved by getting it for 35 basis
points less. Mr. Ruff stated just under $100,000.
It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to
approve Resolution No.07-053 awarding the sale of $3,655,000 General Obligation
Utility Revenue Bonds, Series 2007A.
The motion passed 6-0.
St. Louis Park City Council Meeting
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8b. Project Report: Minnetonka Boulevard Trail Construction,
Project No. 2004-0302 Resolution No. 07-054
Mr. Olson presented the staff report.
Councilmember Omodt asked if the County would be removing the existing bike lane.
Mr. Olson stated it would remain.
Councilmember Omodt asked if the trail would tie into the regional trail. Mr. Brink
stated there would be a trail on the east side of the bridge, connecting the Minnetonka
Boulevard path to the Hutchinson Spur Regional Trail.
Councilmember Omodt asked if the removed trees would be replaced in accordance to
the City’s tree replacement policy. Mr. Olson stated they would be meeting with the
homeowners to see if they would like tree replacement or compensation.
Councilmember Omodt asked if the regional trail would remain open while the bridge
was being replaced. Mr. Olson stated they’ve established a detour route, stating they
wouldn’t be able to go under the bridge.
Mayor Jacobs asked when the project would start. Mr. Olson stated between August and
October.
It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to adopt
Resolution No. 07-054, establishing and ordering Improvement Project No. 2004-0302,
approving plans and specifications, and authorizing advertisement for bids.
The motion passed 6-0.
8c. Public Safety Communications Van
Chief of Police Luse presented the staff report.
It was moved by Councilmember Omodt, seconded by Councilmember Basill, to approve
the agreement between the cities of Golden Valley and St. Louis Park for the shared
purchase, operation and maintenance of the Public Safety Communications Van and
authorize theMayor and City Manager to sign the agreement.
The motion passed 6-0.
8d. Park WiFi Wireless Internet Service Project
Mr. Pires presented the staff report.
Mayor Jacobs opened the public hearing.
Marcy Joseph, 2847 Toledo Avenue South, stated she supports the poles and solar panels
and hopes the City moves forward on the project.
St. Louis Park City Council Meeting
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Mayor Jacobs closed the public hearing.
Mayor Jacobs asked if he was correct in stating forty or so would be problematic out of
the four hundred. Mr. Pires stated about half of the panels could go at intersections and
of the remaining two hundred, about forty would need more significant field tweaking to
make them more attractive. Other poles would be at lot lines. Mr. Pires also stated that
they have received positive feedback on the project.
Councilmember Finkelstein stated based on the information given, terminating the
project wouldn’t make sense because the City has already incurred most of the cost.
Councilmember Sanger stated she is very supportive of the project. She stated the
complaint calls she received, was the resident’s concern with the specific placement of a
particular pole, half of those were concerned with the overall clutter. She stated however,
they were still in support of WiFi.
It was moved by Councilmember Sanger, seconded by Councilmember Paprocki to
authorize staff to go forward with Option 2, with the redesign principals that Mr. Pires
has outlined in the staff report.
Mayor Jacobs asked Mr. Pires if they needed to pick a particular option. Mr. Pires stated
the recommended Options are 3a and 3b, which would provide for a taller height pole,
stating it’s not a very attractive option. He stated Option 2 seems to be the favored
option, requesting that Council provide staff the latitude for technical reasons only, in
places where it may be more challenging to use a taller pole.
Councilmember Sanger said the intent of her motion was to allow some flexibility.
Councilmember Basill asked about the option range. Mr. Pires stated that the $750,000
option would require them to stop and rebid the project. Among the options that are
under consideration now, the low would be about $140,000 plus technical costs to install
a taller pole and the high end would be Option 3b, which would translate to about
$330,000.
Councilmember Basill asked if the amount should be more defined in the motion.
Councilmember Sanger stated she didn’t think it would possible to define it more at this
point.
Councilmember Paprocki stated the $750,000 option has a color change and height
change on all the options, instead of changing the height where it’s needed. Mayor
Jacobs stated it should be emphasized where it’s needed as opposed to where it’s wanted.
Councilmember Finkelstein stated that changing the color on all the poles is
approximately $140,000 and moving it 5 to 10 feet really shouldn’t cost more. He
additionally stated a contingency amount of $300,000 was set aside for unanticipated
items. He went on to state that in the study session it was stated there was $200,000 in
savings from the customer gateways.
St. Louis Park City Council Meeting
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Councilmember Paprocki stated the City is already invested in the project for capital
already spent. He stated what they are talking about spending is the contingency that the
City has already set aside. Mr. Pires stated going with the variation of Option 2, would
actually be below the contingency amount.
Councilmember Finkelstein asked if Broadband Coordinator Frank Landis would be
going out to meet with the property owners on pole placement locations. Mr. Pires stated
yes, it is part of the process going forward, so they don’t have to stop the project again.
Councilmember Paprocki stated that the best thing for the City today is to go ahead.
Councilmember Sanger stated there has been some mention of dropping the project. She
stated even though she had had complaints on pole and panel placement, there is still a lot
of strong support in the WiFi project.
Mayor Jacobs stated this is the part of the project they need to get right.
Councilmember Basill explained his vote, stating he is a supporter of WiFi, but he was
more in favor of private risk, where the risk was on the private market versus the City or
taxpayers.
Councilmember Omodt stated he would be abstaining on the vote because of a conflict of
interest.
The motion passed 4-1-1 (Councilmember Omodt abstained; Councilmember Basill
opposed).
9. Communications
Mayor Jacobs thanked staff and homeowners for opening their homes for the housing and
remodeling tour; he also thanked the Park and Recreation staff along with the Police Department
for hosting the Fun Run. He stated there would be an Ice Cream Social at Wolf Park on May
20th from 2:00 – 5:00 and a park bench dedication at 2:30 honoring James L. Rhodes. He went
on to state the Pedal for People event would be June 3rd at 9:00 a.m. at the Wolf Park
Amphitheater. Mayor Jacobs stated the Bookmark in the Park Committee would have its third
annual meeting May 16th at 4:00 in the Westwood Room at City Hall.
10. Adjournment
The meeting adjourned at 8:40 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
St. Louis Park City Council Meeting
Item: 052107 - 3b - Study Session Minutes 050707
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UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
MAY 7, 2007
The meeting convened at 6:45 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Paul Omodt, Susan Sanger and
Loran Paprocki.
Councilmembers absent: C. Paul Carver and John Basill arrived at 7:05.
Staff present: City Manager (Mr. Harmening), CIO (Mr. Pires), Broadband Coordinator (Mr.
Landis), Community Coordinator (Mr. Zwilling) and Recording Secretary (Ms. Schmidt).
Guests: Tom Asp, Columbia Telecommunications Corporation; Scott Millar, ARINC; Don
Mouritzen, Proxim; Henry Camacho, UnpluggedCities
1. Wireless Design
Mr. Pires gave an updated report on ParkWiFi. He stated they are trying to balance the
performance of the network, solar exposure of the network, wireless propagation of the radio
signals, as well as trying to address some of the esthetic concerns. He stated in reality, they would
need to have four hundred points somewhere, on buildings and/or co-located on traffic signs, and
for those that couldn’t be done that way, trying to put them in the least conspicuous places
possible.
Mayor Jacobs asked how soon they could get back on track if they decided to move forward. Mr.
Pires stated tomorrow, stating they would get back with people who have had concerns.
Mayor Jacobs asked when he thought it would get built out. Mr. Pires stated Phase I would be
July 21st as opposed to June 1st.
Mr. Millar stated they would start staking next week, order the poles and digging would be done
in about three weeks.
Mayor Jacobs asked if the bulk of project would be done within the year. Mr. Pires stated yes,
stating service to Phase I, July 21st; Phase IV, October 14th, with about a six-week over all delay.
Councilmember Sanger asked if were possible to locate any of the panels on private property. Mr.
Pires stated it doesn’t seem possible during this first phase. Councilmember Sanger asked if it
was likely unfeasible throughout the rest of the City. Mr. Pires stated yes.
Councilmember Finkelstein asked if when Frank Landis meets with property owners, would he be
addressing the 5 – 10 foot moving radius. Mr. Pires stated they would be trying to place them
mostly at intersections, stating those that were in front of a house, would need to be looked at to
see how they could technically make them work with the most desirable placement.
St. Louis Park City Council Meeting
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Councilmember Finkelstein asked if it would change the cost options given. Mr. Pires stated it
would still keep it within Options 3a or 3b.
Councilmember Sanger stated it’s important to remember the complaints specified by
homeowners, still keeping in mind the overall clutter of the taller poles.
Mr. Pires stated that with Option 2, it would change the pole color everywhere and would allow
the 16-foot poles to be used for solar coverage.
Mr. Harmening stated Citywide they would be installing about 400 poles with panels and
transceivers; 200 would be at intersections and co-located with street and/or stop signs, stating the
assumption is that those locations are acceptable. He stated that would then leave about 200 more
complicated, but asked how many they were really talking about.
Mr. Millar, ARINC, stated less than 10 percent of the total, so about forty.
Councilmember Omodt asked who would deliver the bad news to the property owners. Mr.
Landis stated he would be. Mr. Pires stated they would try to minimize the bad locations and
tweak as much as possible.
Mr. Millar stated that out of the forty that would need adjustments, probably only ten would be
objectable.
Councilmember Omodt asked if there is any concern with graffiti on the poles. Mr. Pires stated
it’s crossed their minds and they hope to have some surveillance cameras.
Councilmember Paprocki stated he thought the best solution would be Option 3 and would like to
keep the project going. He also asked how many blocks would be between the solar panels. Mr.
Pires stated about a block and half to two blocks
Councilmember Sanger asked if they have considered locating them on City owned light poles.
Mr. Pires stated yes. Councilmember Sanger asked when the posts would be going out. Mr. Pires
suggested the markings would be later this week or next week. Mr. Millar stated you can’t do
locates too far in advance and they’ll have to re-do some markings. Councilmember Sanger asked
when the stakings would be done. Mr. Pires stated closer to the delivery of the poles and Mr.
Millar stated perhaps two – three weeks, around June 1st.
Councilmember Finkelstein asked if brown would be the color on all poles. Mayor Jacobs stated
they all should be brown. Councilmember Finkelstein requested that a card get left on door if the
property owner is not home, so they know contact was attempted. Mr. Pires stated that Mr.
Landis would be doing that.
Mayor Jacobs stated that all the poles may not be likeable to all property owners, but technically
they’ll need to be there or the system won’t work.
Councilmember Sanger stated that some property owners might have already came up with a
location solution. Mr. Pires stated that tweaking is what they’re expecting to do.
St. Louis Park City Council Meeting
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Councilmember Finkelstein stated it appeared Council would approve going ahead with Option 3.
Councilmember Sanger asked that they limit the use of really tall thick poles. Mr. Pires asked for
Council’s preference. Mayor Jacobs stated his preference would be only where they are really
needed. Mr. Pires stated suggested Option 2, from the technical perspective.
Councilmember Finkelstein asked if it would still be within the contingency. Mr. Pires stated yes.
Councilmember Finkelstein asked if there would be any savings. Mr. Pires stated they received
wholesale pricing on the customer gateway devices, saving the City about $200,000.
Councilmember Basill stated his perspective is still it should be a private public partnership, with
the risk on a private partner. He stated he wasn’t in support of the additional dollars.
Councilmember Finkelstein stated they are already responsible for the bulk of the money spent.
He thought it would be more irresponsible not to go forward. Councilmember Basill stated he is
pro-WiFi, just not with the risk of City money.
Councilmember Finkelstein asked if it would be an additional $140,000 with Option 2. Mr. Pires
stated yes.
Mr. Pires stated the concern is, the more they delay, the more momentum is lost and it reflects
itself in the revenue. He also stated, in addition to concerns, he has heard responses back that
people are very supportive in moving forward.
The meeting adjourned at 7:17 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
St. Louis Park Council Meeting
Item: 052107 - 4a - Telecommunication Advisory Commission Bylaws
Page 1
4a. Motion to approve revised Telecommunication Bylaws adopted May 3, 2007.
BACKGROUND:
The Telecommunication Advisory Commission modified their bylaws to make them consistent
with the Council’s Rules and Procedures for Boards and Commissions, adopted on September
18, 2006. The modifications to the bylaws were minor and were formally adopted at the
Commission’s December 7, 2006 and May 3, 2007 meetings.
While the Council is not required to take formal action on the Telecommunication’s bylaws, by
ordinance, Council has 30 days to modify the adopted bylaws. Placing this item on the agenda
provides an opportunity for Council to review the bylaws and to provide feedback if so deemed.
Staff has reviewed the bylaws and found them to be consistent with Chapter 2, Article IV of the
City Code on Boards and Commissions, and the Council’s Rules and Procedures for Boards and
Commissions.
RECOMMENDATION:
Staff recommends Council make a motion to approve the bylaws as adopted by the St. Louis
Park Telecommunication Advisory Commission on May 3, 2007.
Attachments: Telecommunication Advisory Commission Bylaws
Prepared by: Marcia Honold, Management Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 052107 - 4a - Telecommunication Advisory Commission Bylaws
Page 2
TELECOMMUNICATIONS ADVISORY COMMISSION BYLAWS
ARTICLE I – THE COMMISSION
1.1 Name of the Commission. The Commission was officially created as the Cable
Television Advisory Commission by Ordinance 1783-89 on April 17, 1989, and
reestablished and renamed the Telecommunications Advisory Commission (“The
Commission” by Ordinance 2216-01 effective January 1, 2002.
1.2 Powers. The powers of the Commission shall be as stated in section 2-184 of the St.
Louis Park City Code.
1.3 Relation to the Ordinance. These bylaws supplement the Ordinance, and in the case of
conflict, are subordinate to the Ordinance.
ARTICLE II – OFFICERS & STAFF
2.1 Officers. The officers of the Commission shall be the Chair and Vice-Chair.
2.2 Chair. The chair shall preside at all meetings of the Commission and is eligible to vote
on all matters coming before the Commission. The chair shall appoint all committees.
The chair shall have the responsibility for calling special meetings of the Commission
and for conducting all meetings in an orderly manner.
2.2 Vice-Chair. The Vice-Chair shall perform the duties of the chair in the absence or
incapacity of the Chair.
2.3 Staff Liaison. A staff liaison to the Commission shall be appointed by the city manager
and shall be subject to the administrative rules and regulations of the city. The staff
liaison may facilitate or assist in the meetings and shall be responsible for recording
attendance of commission members and for preparation of minutes. The staff liaison is
responsible for keeping the city manager informed regarding the business of the
commission and shall communicate to the city manager any problems or issues that may
arise. The staff liaison shall also be responsible for assisting the commission in
considering their financial needs and, if deemed necessary by the commission, shall
request appropriate funding from the city council through the annual budget process.
ARTICLE III - ELECTIONS
3.1 Elections. A regular election shall be held at the annual meeting each year. Officers
shall be nominated from the floor by any voting member of the commission.
3.2 Term of Office. Officers will assume office at the first meeting following an election.
The term for officers shall be one year and the chair may only serve one consecutive year
as chair.
St. Louis Park Council Meeting
Item: 052107 - 4a - Telecommunication Advisory Commission Bylaws
Page 3
3.3 Succession of Office. The Vice-Chair shall succeed to the office of Chair in the event
the Chair is vacant by virtue of any inability to fulfill the duties of the office. Should the
Vice-Chair thus move to the Chair, a special election shall be held to fill the unexpired
term of the Vice-Chair.
ARTICLE IV – CONDUCT OF BUSINESS
4.1 Voting. Each regular member of the Commission including the Commissioner
appointed by the School Board and any Youth Member appointed by the City Council
shall be entitled to one vote on all matters brought to a vote.
4.2 Quorum. Four (4) commissioners shall constitute a quorum for the purpose of
transacting its business. A smaller number may adjourn from time to time until a quorum
is obtained.
4.3 Majority Vote Required. A majority vote of the members present and voting is
required for passage of all matters before the Commission.
ARTICLE V – MEETINGS
5.1 Meetings. All meetings of the commission will be conducted in accordance with the
Minnesota Open Meeting Law. Proceedings of the Commission will be conducted as
outlined in the Standard Code of Parliamentary Procedure.
5.2 Annual Meeting. The annual meeting of the Commission shall be the last meeting held
each year at which time elections will be held and a summation of progress made, work
accomplished and a proposed work program for the coming year shall be prepared for
delivery to the City Council.
5.3 Regular Meetings. The Commission will hold at least four regular meetings each year.
Regular meeting dates shall be set during the final meeting of each year for the upcoming
year and shall not be held on any of the holidays recognized by the St. Louis Park City
Council. Those holidays include: Ash Wednesday, Chanukah, Christmas, Independence
Day, Labor Day, Martin Luther King Day, Memorial Day, Passover (first two nights),
President’s Day, New Year's Day, Rosh Hashanah, Thanksgiving Day and the Friday
after Thanksgiving Day, Veterans Day and Yom Kippur. (For Chanukah, Christmas,
Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the
holiday.) The meeting time shall be 7:00 p.m. promptly. Meeting dates shall be posted
in advance in the city offices. The commission may change the regular meeting time or
date as deemed appropriate, provided the public notice requirement for a special meeting
is met.
5.4 Special Meetings. Special meetings of the Commission may be called by the chair or
three commissioners for the purpose of transacting any business designated in the call.
The call for special meeting shall be delivered in compliance with state law. At least one
day prior to the meeting, a notice must be delivered to the Commissioners of the date,
time, place and purpose of the special meeting. Notice of the date, time, place and
St. Louis Park Council Meeting
Item: 052107 - 4a - Telecommunication Advisory Commission Bylaws
Page 4
purpose of a special meeting must also be posted on the principal bulletin board of the
city at least three days prior to the date of the meeting.
5.5 Emergency Meetings. An emergency meeting may be called by the chair due to
circumstances which require immediate consideration. Notice must be made to
commissioners by any means available. A good faith effort shall be made to provide
notice of the meeting to any news medium that has filed a written request for notice of
meetings. The notice shall include the purpose of the meeting.
5.6 Record of Proceedings. All minutes and resolutions shall be in writing and shall be
recorded in the journal of the proceedings of the commission. Records shall be kept in
accordance with MN Statute and rules regarding preservation of public records and the
MN Data Privacy Act.
ARTICLE VI – ATTENDANCE
6.1 Absences. If a Commissioner is unable to attend a regularly scheduled or special
meeting of the Commission, that member shall notify the City staff liaison of this fact no
later than 4 p.m. the day of the meeting.
6.2 Attendance. Commission members are expected to attend regular and special
commission meetings and assigned committee meetings. A roster of attendance shall be
maintained. Repeated absences shall result in the chair contacting the member to
ascertain his/her intentions as to continuing involvement on this Commission.
6.3 Request for Council Action. Should the member not wish to continue to serve on the
Commission, or should the member have continuing absences, the chair shall inform the
City Council of this fact, recommending the Council appoint a replacement.
ARTICLE VII – AMENDMENTS
7.1 Amendments. Amendments to these bylaws may be proposed by any voting member.
All proposed amendments shall be submitted in writing to each member of the
Commission at least fifteen (15) days prior to the regular meeting of the Commission at
which that amendment is to be considered. A statement explaining the purpose and effect
of the proposed amendment shall be attached to the proposed amendment. Amendments
shall be considered only at regular meetings of the Commission.
Adopted January 27, 1983
Revised August 23, 1984
Revised March 10, 1997
Revised December 5, 2002
Revised May 5, 2005
Revised December 7, 2006
Revised May 3, 2007
St. Louis Park Council Meeting
Item: 052107 - 4a - Telecommunication Advisory Commission Bylaws
Page 5
DIVISION 2. TELECOMMUNICATIONS ADVISORY COMMISSION
Sec. 2-181. Membership; terms.
(a) Advisory status; composition. The telecommunications advisory commission shall be an
advisory commission to the city council. It shall consist of seven regular members, one youth
member and one ex-officio member, all appointed as set forth in this section.
(b) Regular members. Six of the regular members of the commission shall be appointed by
the city council for three-year terms. One regular member shall be appointed by and serve at the
pleasure of the Board of Independent School District No. 283 of St. Louis Park for a term of
three years, unless such appointment shall be terminated by such school board. One alternate
may be appointed by such school board to serve in the absence of its regular member. Failure of
such school board to appoint its member or an alternate to serve on the telecommunications
advisory commission shall in no way affect the validity of the proceedings of the
telecommunications advisory commission. The terms of the regular members shall run until
December 31 of the year in which their terms expire and until a successor is appointed and
qualified. Subsequent appointments shall be for three-year terms. In the event of a vacancy, the
council shall appoint a person to complete the unexpired term. A member of the commission
may be removed with or without cause by the city council.
(c) Youth member. One voting youth member, who shall be a high school student of a
private or public school located in the city, may be appointed by the city council and serve a term
of one year.
(d) Ex-officio member. One ex-officio member shall be appointed by the cable company
which is granted a franchise by the city. The ex-officio member shall not vote or be counted as
part of the quorum, but shall be present at all meetings.
(e) Qualifications. Regular members of the commission shall be qualified voters and
residents of the city. The regular member appointed by the Board of Independent School District
No. 283 of St. Louis Park shall also be a resident of the school district. A vacancy shall be
deemed to exist if a member ceases to meet the residency requirements. The regular members
and youth members of the commission shall be appointed from persons who have demonstrated
an interest in the telecommunications advisory commission by submission of appropriate city
forms.
Sec. 2-182. Organization.
(a) A staff liaison to the telecommunications advisory commission shall be appointed by
the city manager and shall be subject to the administrative rules and regulations of the city.
(b) The commission shall elect its own chair and vice-chair. Subject to such limitations as
may be imposed by the city council at any time. The telecommunications advisory commission
shall provide its own rules and procedures, determine the date and time of meetings, and, upon
proper notice, it shall call public hearings when necessary and desirable and in accordance with
all requirements of local, state and federal laws. The bylaws of the commission and any
St. Louis Park Council Meeting
Item: 052107 - 4a - Telecommunication Advisory Commission Bylaws
Page 6
amendments of such bylaws shall be submitted to the city council upon their adoption. Such
bylaws and any amendments shall be deemed to be approved by the city council unless the city
council takes action to modify such bylaws or amendments within 30 days after submission. No
member of the commission shall consider or vote upon any question in which the member is
directly or indirectly interested.
(c) The telecommunications advisory commission shall keep proper records of its
proceedings. Such records shall be maintained by the staff liaison or the liaison's designee.
Sec. 2-183. Expenses of members.
The members of the telecommunications advisory commission shall serve without pay, but may
be reimbursed for actual expenses to the extent that funds therefore are provided in the annual
city budget adopted by the city council. The commission shall properly account for its receipts
and expenditures of monies in accordance with established city procedures.
Sec. 2-184. Powers and duties.
The telecommunications advisory commission shall have the following powers and duties
to:
(1) Provide a public forum for the expression of cable television concerns of franchise
subscribers and public and private cable television users;
(2) Promote and encourage the widest range of use of the city's public access channels;
(3) Encourage a diversity of programs and services to cable subscribers through a
working relationship with the cable television company that fosters an examination of
new programs and services and of changing community needs;
(4) Oversee future interconnections with metropolitan communities;
(5) Monitor the day-to-day operations of the cable television system as well as any
experimentation that is done with new and specialized cable services;
(6) Assist in any evaluation of the cable television system that are conducted during the
term of the franchise or in anticipation of refranchising;
(7) Submit to the city council by April 1 of each year an annual report of the activities of
the commission during the previous year; and
(8) Perform other functions as needed to carry out these duties and responsibilities as
directed by the city council and to act in an advisory capacity to the city council
St. Louis Park City Council Meeting
Item: 052107 - 4b - Applebees Liquor License Amendment
Page 1
4b. Motion to approve amendment to On-sale and Sunday intoxicating liquor license
for Applebee’s Neighborhood Grill & Bar, 8332 Highway 7.
BACKGROUND:
Applebee’s Neighborhood Grill & Bar located at the Knollwood Mall, 8332 Highway 7, has
made request to the City of St. Louis Park for an amendment to their on-sale intoxicating liquor
license to add a new outdoor patio on their premises. The proposed patio is approximately 600
sq ft and will include seating for 18. All requirements have been met with the Inspections
Department.
City Ordinance Section 3-68 (a) states each liquor license shall be issued only for the exact
rooms and square footage described in the application. A license is valid only in the compact
and contiguous building or structure situated on the premises described in the license.
City Ordinance Section 3-106 states proposed enlargement or substantial alteration which
changes the character of the licensed establishment or extension of a premises previously
licensed shall not be allowed unless the city council approves an amendment to the liquor
license.
RECOMMENDATION:
The applicant has met all requirements for a premises amendment to their current off-sale liquor
licenses and staff is recommending approval.
Prepared by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4c - Temporary Liquor License Most Holy Trinity Parish
Page 1
4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Most
Holy Trinity Parish, 4017 Utica Avenue South.
BACKGROUND:
The Most Holy Trinity Parish, located at 4017 Utica Avenue, has applied for a temporary liquor
license for their Steak Fry and Auction event to be held Saturday, June 2nd, 2007 from 5:30 –
11:00 p.m. Staff has administratively approved all required permits for the event, with the
exception of the Liquor License which must be approved by Council.
Last year’s Silent Auction increased their school scholarship fund and enabled the school to add
Spanish to the curriculum. The objective for the 2007 Silent Auction is to maintain the school
scholarship fund and to support the ongoing needs of the school.
The Police Department has run a background investigation on the main principals and has found
no reason to deny the temporary license.
RECOMMENDATION:
The applicant has met all requirements for issuance of the license and staff is recommending
approval.
Prepared by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4d - Resolution Directing Purchase 2005 Louisiana Ave
Page 1
4d. Motion to approve Resolution Directing Purchase of a Tax Forfeit Parcel, 2005
Louisiana Ave, relating to the Vacant Land Sale Process
SUMMARY:
On May 14, 2007 Council was informed that the
highest bid received on this parcel was $20,500, and
that the County had reduced the purchase price to
$20,000. The highest bidder is Mr. John Altepeter.
Mr. Altepeter is an employee of the City and serves as
it Facilities Maintenance Superintendent. The City
Attorney has advised that since Mr. Altepeter is not
involved with, nor has been involved with the Excess
Land process, there is no conflict of interest and his
bid is acceptable. The other bid on the parcel was
$1,000 from a non-resident developer.
BACKGROUND:
On December 5, 2005 the Council determined that certain parcels of vacant land should be
developed for large single family homes. Staff was directed to prepare these parcels for sale for
the development of single family homes. The tax forfeit parcels require approval by the State
and County before they could be purchased by the City; and, then re-sold as single family home
sites. The State and County approved the sale of the parcel located at 2005 Louisiana Ave South
in November 2006.
The County had originally determined a purchase cost of $50,000 which reflects a reduced value
due to poor soil conditions. The City first bid the parcel out at $50,000 and received one bid of
$1,001. Based on the lack of qualifying bids, staff requested the County reduce the purchase
price to $30,000, noting high traffic levels on Louisiana Avenue, and the difficulty a potential
owner would have accessing Louisiana Ave.
The parcel was bid out the second time in February with an appraised value of $30,000. The
highest bidder at $33,600 withdrew his bid as he was the highest resident bidder on two
properties, and chose to purchase the 7701 Edgebrook Drive parcel. The second highest bid on
this parcel was $20,505. The third highest bid was $1,000.
Staff reported the results of the remaining high bid of $20,000 to the County and negotiated
another purchase price reduction to $20,000.
PROCESS:
The cost of the parcel to the City will be $20,000, plus standard transfer costs that include
Assurance Fees, State Deed Preparation Fee, Filing Fees and State Deed Tax. The Development
Fund would be the funding source for this purchase, and will be reimbursed when the parcel is
sold. Because this property is being sold by the County as tax forfeited property, the County is
required to share the proceeds from the land sale with the City. The City’s share of the County
land sale proceeds will be approximately half the purchase cost, or $10,000. The City will
receive additional revenue from the sale of the parcel to an individual.
St. Louis Park City Council Meeting
Item: 052107 - 4d - Resolution Directing Purchase 2005 Louisiana Ave
Page 2
NEXT STEPS:
Following approval of the resolution staff will take the following actions.
• Submit the required paperwork to the State and County. The legal requirements for
acquisitions of this type include: a certified copy of the City Council’s resolution
directing purchase of the parcel, payment, and a cover letter stating intention to purchase.
• Following the City’s purchase of the parcel, the City will Quit Claim the parcel to the St.
Louis Park Housing Authority for sale to a private individual. The City Council
delegated the Housing Authority with the responsibility of actual sale of the vacant
parcels for single-family homes.
RECOMMENDATION:
Staff recommends the City Council approve the resolution directing the purchase from the State
of Minnesota of certain tax-forfeited land at 2005 Louisiana Ave S.
Attachment: Resolution
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4d - Resolution Directing Purchase 2005 Louisiana Ave
Page 3
RESOLUTION NO. 07-062
RESOLUTION DIRECTING THE PURCHASE FROM THE STATE OF MINNESOTA
OF CERTAIN TAX-FORFEITED LANDS AT
2005 LOUISIANA AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA
WHEREAS, the City Council of the City of St. Louis Park is the official governing body
of the City of St. Louis Park; and
WHEREAS, the State of Minnesota is present owner for public use of certain tax-
forfeited lands located at 2005 Louisiana Ave S in the City of St. Louis Park, Hennepin County,
and legally described as follows:
Lots 202 and 203 Richmond 3rd Addition
PID 08 117 21 12 0145
WHEREAS, the City desires to do an outright purchase of these tax-forfeited lands (the
“Premises”) from the State of Minnesota at a cost to be determined by Hennepin County; and
WHEREAS, the City requests acquisition of the Premises for the redevelopment of a
single family home under programs administered by the St. Louis Park Housing Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. LOUIS PARK AS FOLLOWS:
(1) Staff is authorized and directed to take such steps as are necessary for the outright
purchase of the property by the City of St. Louis Park at a cost of $20,000 plus standard transfer
costs.
(2) The Mayor, City Manager and staff are authorized to prepare and execute such
documents as are necessary to accomplish the purchase.
Reviewed for Administration: Adopted by the City Council May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 4e - 2nd Reading Easement Vacation 4131 Webster Ave.
Page 1
4e. Second Reading for an Ordinance to Vacate a Portion of a Drainage and Utility
Easement at 4131 Webster Avenue.
DESCRIPTION OF REQUEST:
Meadowview Homes is requesting the vacation of a portion of a drainage and utility easement on
the east side of the lot at 4131 Webster Avenue South.
ANALYSIS:
The drainage and utility easement was established with the Brookside Lofts plat. The 20-foot
wide easement was included on this lot to accommodate the high water level of a small dry pond
located on the adjacent property. The city engineering department reviewed the request, and
determined that a 15-foot wide easement is sufficient to contain water generated by a 1% chance
rain event. The 1% chance event (100 year storm) is the standard generally used to establish
pond and drainage easement size.
PROCESS:
§ A public hearing was conducted by the Council on May 7, 2007, no comments were
received.
§ The ordinance requires two readings. The first reading was held on May 7, 2007. The
Council approved the first reading, and scheduled the second reading for May 21, 2007.
RECOMMENDATION:
Staff recommends adoption of the second reading of the ordinance vacating a drainage and utility
easement at 4131 Webster Avenue South as described in the attached Ordinance, approve
summary and authorize publication.
Attachments: Ordinance
Summary Ordinance for Publication
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4e - 2nd Reading Easement Vacation 4131 Webster Ave.
Page 2
ORDINANCE NO. 2330-07
AN ORDINANCE VACATING PORTION OF DRAINAGE AND UTILITY EASEMENT
4131 WEBSTER AVENUE SOUTH
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all
property abutting upon both sides of the utility easement proposed to be vacated has been duly
filed. The notice of said petition has been published in the St. Louis Park Sailor on April 26,
2007 and the City Council has conducted a public hearing upon said petition and has determined
that the easement is not needed for public purposes, and that it is for the best interest of the
public that said easement be vacated.
Section 2. The following described utility easement, as now dedicated and laid out
within the corporate limits of the City of St. Louis Park, is vacated:
The west 5.00 feet of the east 20.00 feet of Lot 1, Block 2, BROOKSIDE LOFTS,
according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT the
North 15.00 feet and the south 5.00 feet thereof.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in
the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
First Reading May 7, 2007
Second Reading May 21, 2007
Date of Publication May 31, 2007
Date Ordinance takes effect June 15, 2007
Adopted by the City Council May 21, 2007.
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
Item: 052107 - 4e - 2nd Reading Easement Vacation 4131 Webster Ave.
Page 3
SUMMARY
ORDINANCE NO. 2330-07
AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
4131 WEBSTER AVENUE SOUTH
This ordinance states that a portion of a drainage and utility easement at 4131 Webster Avenue
will be vacated.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council May 21, 2007
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 31, 2007
St. Louis Park City Council Meeting
Item: 052107 - 4f - 2nd Reading Easement Vacation Huntington France Aves.
Page 1
4f. Second Reading for an Ordinance Vacating a Portion of a Drainage and Utility
Easement at 2535, 2545 Huntington and 2540 France Avenues.
DESCRIPTION OF REQUEST:
Biltmore Land Group is requesting the vacation of a drainage and utility easement located along
property lines in the Biltmore Addition development. The easement was created as a result of
the subdivision of this property in 2004.
ANALYSIS:
The applicant is in the process of combining lot 3 with lots 1 and 2. As a result of the lot line
adjustment, the easement will no longer follow property lines, and is no longer required. New
drainage and utility easements will be provided along the new property lines to replace the
vacated easements. There are no existing utilities in the easement, and the easement is not
required for drainage or future utilities. Upon review, the Engineering Dept. determined the
easement is not currently being used, and is not required for future utilities, and is therefore
recommending vacation of the easement.
PROCESS:
§ A public hearing was conducted by the Council on May 7, 2007, no comments were
received.
§ The ordinance requires two readings. The first reading was held on May 7, 2007. The
Council approved the first reading, and scheduled the second reading for May 21, 2007.
RECOMMENDATION:
Staff recommends adoption of the second reading of the ordinance vacating a drainage and utility
easement at Biltmore Addition as described in the attached Ordinance, approve summary and
authorize publication.
Attachments: Ordinance
Summary for Publication
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4f - 2nd Reading Easement Vacation Huntington France Aves.
Page 2
ORDINANCE NO. 2331-07
AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS
BILTMORE ADDITION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all
property abutting upon both sides of the utility and drainage easements proposed to be vacated
has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor
on April 26, 2007, and the City Council has conducted a public hearing upon said petition and
has determined that the easements are not needed for public purposes, and that it is for the best
interest of the public that said easements be vacated.
Section 2. The following described utility and drainage easements, as now dedicated
and laid out within the corporate limits of the City of St. Louis Park, are vacated:
That part of the drainage and utility easements dedicated on the plat of BILTMORE
ADDITION over the easterly 5.00 feet of Lot 1, Block 1, BILTMORE ADDITION,
Hennepin County, Minnesota lying northerly of the south 5.00 feet of said Lot 1, and
lying southerly of the north 5.00 feet of said Lot. 1.
That part of the drainage and utility easements dedicated on the plat of BILTMORE
ADDITION over the easterly 5.00 feet of Lot 2, Block 1, BILTMORE ADDITION,
Hennepin County, Minnesota lying northerly of the south 5.00 feet of said Lot 2, and
lying southerly of the north 5.00 feet of said Lot 2.
That part of the drainage and utility easements dedicated on the plat of BILTMORE
ADDITION over the westerly 5.00 feet of said Lot 3, Block 2, BILTMORE ADDITION,
Hennepin County, Minnesota lying northerly of the south 5.00 feet of said Lot 3, and
lying southerly of the north 5.00 feet of said Lot 3.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in
the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
St. Louis Park City Council Meeting
Item: 052107 - 4f - 2nd Reading Easement Vacation Huntington France Aves.
Page 3
Sec.4. This Ordinance shall take effect fifteen days after its publication.
First Reading May 7, 2007
Second Reading May 21, 2007
Date of Publication May 31, 2007
Date Ordinance takes effect June 15, 2007
Adopted by the City Council
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
Item: 052107 - 4f - 2nd Reading Easement Vacation Huntington France Aves.
Page 4
SUMMARY
ORDINANCE NO. 2331-07
AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENT
BILTMORE ADDITION
2535, 2545 Huntington Ave., and 2540 France Avenue
This ordinance states that a portion of a drainage and utility easement will be vacated at Biltmore
Addition.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council May 21, 2007
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 31, 2007
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 1
4g. Consideration of a Preliminary Development Agreement with Duke Realty for its
proposed “West End” commercial redevelopment project.
BACKGROUND:
At the March 26 and April 23, 2007 Study Sessions the EDA/City Council expressed its general
support for Duke Realty’s West End commercial redevelopment project at the southwest corner
of I-394 and Highway 100 using a two pronged approach. The EDA/City Council also asked
staff and the Developer to further refine the project’s concept plans and economic feasibility. As
a result, staff proceeded and negotiated the attached Preliminary Development Agreement (PDA)
with Duke Realty.
The purpose of the PDA is to formalize the conditions of engagement, roles and responsibilities
of the parties, due diligence, and feasibility work to be completed, etc. It commits the EDA, City
and the Developer to work cooperatively together for a period of nine months in an effort to
bring the proposed West End project to fruition.
It should be noted that the concept site plans prepared by Duke Realty and discussed at the study
sessions are not part of the proposed Agreement. They will however serve, along with the
EDA/City Council’s comments from the study sessions, as the starting point for preparing a
more definitive site plan for the property at a later date.
Furthermore, the proposed Agreement merely outlines next steps in the pre-development process
and the specific responsibilities of the respective parties. It does not commit the city to provide
any public finance assistance to the project at this point.
NEXT STEPS:
Upon approval, the three parties will undertake actions outlined in the PDA over the next nine
months. Provided all parties are reasonably satisfied with each other’s findings within that due
diligence period, staff will prepare for the EDA/Council’s consideration preliminary business
terms that outline the substance of a potential redevelopment contract with the Developer.
Attachment: Preliminary Development Agreement
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 2
PRELIMINARY DEVELOPMENT AGREEMENT
THIS AGREEMENT dated this 21st day of May, 2007, by and between the City of St.
Louis Park, Minnesota, a municipal corporation (the “City”); the St. Louis Park Economic
Development Authority, a public body corporate and politic (the “Authority”); and Duke Realty
Limited Partnership, an Indiana limited partnership (collectively, the “Developer”):
WITNESSETH:
WHEREAS, the Authority and City has an expressed desire to optimize the use of
property within Redevelopment Project No. 1 (the “Project Area”) in the City; and
WHEREAS, the Developer is the owner of certain obsolete property within the Project
Area, which property is described in Exhibit A attached hereto (the “Property or Site”); and
WHEREAS, the Developer has proposed to remove the existing structures and correct the
soils to enable the development of approximately 1,100,000 square feet of office space,
approximately 340,000 square feet of retail space, and a hotel (the “Development”); and
WHEREAS, the Authority, City and Developer are willing and desirous to undertake the
Development if (i) a satisfactory agreement can be reached regarding how the Property should be
redeveloped by Developer; (ii) satisfactory mortgage and equity financing, or adequate cash
resources, for the Development can be secured by Developer; (iii) satisfactory resolution of
zoning, land use and site design issues and (iv) the economic feasibility and soundness of the
Development and other necessary preconditions have been determined to the satisfaction of the
parties.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
obligations set forth herein, the parties agree as follows:
1. Negotiations between the parties shall proceed in an attempt to formulate a
definitive development contract (“Contract”) based on the following:
(a) Developer’s current proposal which shows the scope of the proposed
Development in its latest form as of the date of this Agreement, together with any
changes or modifications required by the Authority;
(b) A mutually satisfactory Contract to be negotiated and agreed upon in accordance
with this Agreement;
(c) Such documentation regarding economic feasibility of the Development as the
Authority may wish to undertake during the term of this Agreement; and
(d) Other terms and conditions of this Agreement.
2. It is the intention of the parties that this Agreement (a) documents the present
understanding and commitments of the parties and (b) will lead to negotiation and execution of a
mutually satisfactory Contract for the Development prior to the termination date of this
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 3
Agreement. The Contract (together with any other agreements entered into between the parties
hereto contemporaneously therewith) when executed, will supersede all obligations of the parties
hereunder. Notwithstanding anything to the contrary herein, the Authority and City shall have
no obligation to provide any financial assistance to the Developer or approve any action in
connection with the Development unless and until final approval by the Authority and City of a
definitive Contract.
3. During the term of this Agreement, the Developer, Authority and City agree to
undertake the respective actions described in Exhibit B attached hereto.
4. It is expressly understood that execution and implementation of a Contract shall
be subject to;
(a) A determination by the Authority and City that its undertakings are
feasible, consistent with City plans, and in the best interests of the City and the Project
Area;
(b) Agreement by the parties on a mechanism for recapture of public funds, if
any, provided to the Developer under certain conditions; and
(c) A determination by Developer that the Development is feasible and in the
best interests of the Developer.
5. This Agreement is effective for a term ending 275 days from its date, unless
extended by mutual agreement of the parties. The Executive Director of the Authority is
authorized to execute any such extension on behalf of the Authority and City.
6. Upon execution of this Agreement, the Authority acknowledges receipt from the
Developer of a $2,000 TIF Application Fee and deposit in the amount of $45,000, from which
funds the Authority may pay any third party out-of-pocket costs incurred by the Authority or
City in connection with the Exhibit B activities for furthering the Development from and after
the date of this Agreement (hereafter, the “Authority Costs”). If at any time after the date of this
Agreement the Authority determines that Authority Costs will exceed $45,000, the Authority
may notify the Developer of the amount of such additional costs. Within ten calendar days of
receipt of said notice, the Developer shall deliver to the Authority the required additional funds.
If a Contract is successfully negotiated, any unused balance in the funds deposited under this
Section 6 shall be returned to the Developer upon execution of the Contract (unless the parties
specify otherwise in the Contract). The Authority agrees to provide Developer reasonable
documentation of the Authority Costs and to inform Developer of changes in scope of Exhibit B
activities affecting the Authority Costs.
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 4
If this Agreement is terminated in accordance with its terms, the Authority will return to
the Developer the balance of any funds deposited under this section as of the date of receipt of
the notice of termination, and less any Authority Costs incurred through the date of receipt of the
notice of termination. For the purposes of this paragraph, Authority Costs are considered to be
incurred if they have been paid, relate to services performed, or are payable under a contract
entered into, on or before the date of receipt of the notice of termination. The Authority agrees
that it will promptly terminate any contract for Authority Costs (except as provided below) upon
receipt of the notice of termination, and Authority Costs include amounts payable under the
terms of such terminated contract, including without limitation costs payable prior to termination
or other amounts payable in connection with the termination. If the Authority elects not to
terminate the contract, Authority Costs will include only the lesser of: i) amounts that would be
payable to the contracting party if the contract were terminated or ii) amounts paid or incurred
under the contact as of the notice of termination. The Authority agrees to use its best efforts to
negotiate termination clauses in all contracts for Authority Costs that provide for no penalties for
termination, but only provide for payment of a prorata contract amount in the event of such
termination.
7. This Agreement may be terminated upon ten (10) days written notice by any party
to the others if:
(i) A party fails to perform any of its obligations hereunder, and fails to cure
the default within 30 days after receipt of written notice thereof; or
(ii) An impasse has been reached in the negotiation of any material term or
condition of the Contract.
Upon termination under this Section, no party thereafter shall have any liability or obligations to
the other except as otherwise provided in Section 6 hereof.
8. The Developer shall not assign or transfer its rights under this Agreement in full
or in part without the prior written consent of the Authority, which consent shall not be
unreasonably withheld, conditioned or delayed; provided that Developer shall have the right to
assign or transfer its rights under this Agreement in full or in part to an affiliate of Developer or
an entity controlled by or in common control with Developer without the prior written consent of
the Authority.
9. In the event that any party, its heirs, successors or assigns, fails to comply with
any of the provisions of this Agreement, the non-defaulting party may proceed to enforce this
Agreement by appropriate legal or equitable proceedings, or other similar proceedings.
10. If any portion of this Agreement is held invalid by a court of competent
jurisdiction, such decision shall not affect the validity of any remaining portion of the
Agreement.
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 5
11. In the event any covenant contained in this Agreement should be breached by one
party and subsequently waived by another party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent
breach.
12. Notice or demand or other communication between or among the parties shall be
sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered
personally:
(a) As to the Authority: 5005 Minnetonka Boulevard
St. Louis Park, MN 55416-2216
Attn: EDA Executive Director
(b) As to the City: 5005 Minnetonka Boulevard
St. Louis Park, MN 55416-2216
Attn: City Manager
(c) As to the Developer: 1600 Utica Avenue South, Suite 250
Minneapolis, MN 55416
Attn: Patrick E. Mascia
13. This Agreement may be executed simultaneously in any number of counterparts,
all of which shall constitute one and the same instrument.
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 6
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf and its seal to be duly affixed hereto and the Developer has caused this
Agreement to be duly executed as of the day and year first above written.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By:
Its: President
By:
Its: Executive Director
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 7
CITY OF ST. LOUIS PARK
By: _______________________________
Mayor
By: _______________________________
City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 8
DUKE REALTY LIMITED PARTNERSHIP,
an Indiana limited partnership
By: Duke Realty Corporation,
an Indiana corporation, its general partner
By: _____________________________
Patrick E. Mascia
Senior Vice President
DUKE CONSTRUCTION LIMITED
PARTNERSHIP, an Indiana limited partnership
By: Duke Business Centers Corporation,
an Indiana corporation, its general partner
By: _____________________________
Patrick E. Mascia
Senior Vice President
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 9
EXHIBIT A
SUBJECT PROPERTIES
PID: 3002924320018
City Address:* 5201 WAYZATA BLVD
PID: 3002924320007
City Address:* 5245 WAYZATA BLVD
PID: 3002924320011
City Address:* 1551 PARK PLACE BLVD
PID: 3002924330002
City Address:* 1621 PARK PLACE BLVD
PID: 3002924330019
City Address:* 1600 UTICA AVE S
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 10
EXHIBIT B
PRELIMINARY DEVELOPMENT AGREEMENT
BY AND BETWEEN DUKE REALTY CORPORATION,
THE CITY OF ST. LOUIS PARK AND
THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
DEVELOPER
1. Deposit in escrow funds necessary to complete environmental review (AUAR).
2. Prepare detailed explanation of proposed project partners (including previous related
experience and proposed project financial participation), project financing, and anticipated
disposition of project assets and subsequent property management.
3. Cooperate with the EDA/City in the preparation of a market analysis and economic
feasibility study of the retail portions of the proposed project, the parameters of which shall
be mutually agreed upon between Developer and the Authority. Developer agrees to deposit
in escrow the necessary funds to complete the study.
4. Prepare alternative site designs for the western portion of the project area.
5. Complete refinements to the preliminary concept site plan for the Property including:
proposed subdivision, location of improvements, development design, intensity issues,
parking, use mix, traffic management, pedestrian and transit linkages, public space, and
integration of green space. The concept site plan will be illustrated with site plans,
perspective drawings, and section drawings.
6. Examine possible future uses of that portion of the Site currently subject to long term
ground leases.
7. Complete an application for tax increment financing.
8. Submit full project proforma and cooperate with review for public financing assistance.
9. Participate in the preparation of a preliminary business term sheet for the proposed Contract.
10. Submit payment to the EDA for TIF Application Fee.
11. Submit escrow payment to the City to pay, as part of the Authority Costs, for a TIF
Qualification Report, market analysis and economic feasibility study and reimbursement
of all EDA financial and legal consulting fees related to the proposed project.
12. Prepare proposed project construction schedule.
13. Continue discussions with City Planning and Zoning staff to advance any necessary
approvals.
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 11
14. Continue discussions with City engineering staff re: traffic, transportation, and utility
issues associated with the site.
15. Participate in public meetings as necessary.
16. Negotiate in good faith the terms and conditions of the Contract.
St. Louis Park City Council Meeting
Item: 052107 - 4g - Preliminary Development Contract Duke Realty
Page 12
AUTHORITY AND/OR CITY
1. Complete the TIF Qualification Report for the subject site.
2. Continue to manage the AUAR process.
3. Pursue adoption of a Joint Powers Agreement with the City of Golden Valley.
4. Retain a qualified consultant to prepare a market analysis and economic feasibility study
for the retail portion of the proposed project, the parameters of which shall be mutually
agreed upon between Developer and the Authority.
5. Coordinate community planning process for the western portion of the project area with
particular emphasis on design and placement of parking ramps and public spaces.
6. Detail all requirements and any necessary changes to the Comprehensive Plan and Zoning
Ordinance to allow for the proposed Development.
7. Prepare a list of all the anticipated planning and zoning-related approvals necessary to
enable the proposed project to be constructed along with a corresponding schedule of
required approvals.
8. Work with the Developer on the design and location of proposed streets, utilities, public
spaces and other public improvements within the site area.
9. Review Developer’s project proformas and determine need for public financing assistance.
10. Prepare a preliminary business term sheet for the proposed Contract.
11. Coordinate public meetings as necessary.
12. Negotiate in good faith the terms and conditions of the Contract.
St. Louis Park City Council Meeting
Item: 052107 - 4h - Terminate Special Permit 5525 Cedar Lake Road Life Time Fitness
Page 1
4h. Motion to Terminate a Special Permit at 5525 Cedar Lake Road (Life Time Fitness).
BACKGROUND:
Life Time Fitness is requesting the termination of the special permit for its property located at
5525 Cedar Lake Road. The health club at this location is currently covered by a special permit
approved by the City Council in 1985 as part of Council Resolution 85-50.
In 1992, the City completed major revisions to the zoning ordinance. One change resulted in the
elimination of special permits in favor of uses that are either permitted, permitted with
conditions, permitted by conditional use permit, or by planned unit development. The ordinance
allows and encourages the termination of Special Permits in favor of the revised categories.
5525 Cedar Lake Road is zoned C-2, General Commercial. Health clubs are permitted with
conditions in the C-2 District. The current facility meets the requirements for this use and
therefore qualifies for termination of the special permit.
Site:
REQUEST:
Life Time Fitness is making the request for termination of the special permit under the
provisions of Section 36-36(c)(2) of the Zoning Ordinance as follows:
Section 36-36(c)(2):
Special permit uses now permitted with conditions. Special permits issued for land uses which,
under this chapter, are now permitted uses with conditions in the zoning district in which the
property is located are hereby continued in full force and effect. The owner of property subject to
a continued special permit may request termination of the special permit by providing the city
with a letter requesting termination. Upon receipt of a letter requesting termination, the city shall
SITE
St. Louis Park City Council Meeting
Item: 052107 - 4h - Terminate Special Permit 5525 Cedar Lake Road Life Time Fitness
Page 2
issue a written termination to the applicant which shall be recorded on the title to the property by
the city. The owner of the property shall sign an assent form provided by the city wherein the
owner agrees to indemnify and hold harmless the city for any actions or consequences arising
from termination of the special permit. Upon termination of the special permit, the land use shall
be governed by the regulations of this ordinance, and other applicable ordinances. Once a special
permit is declared terminated, it may not be reinstated.
As stated in the code provision above, once the special permit is terminated, the property will be
governed by the applicable zoning district regulations.
A request for termination of a special permit does not require a public hearing. The only
requirement is a resolution by the City Council terminating the special permit. Any existing
legal non-conformities (such as parking and landscaping) will continue as legal non-
conformities. Non-conformities must be brought into greater or complete compliance if Life
Time Fitness applies for a building, parking lot or right-of-way permit for future modifications to
the site.
RECOMMENDATION:
Staff recommends approval of the attached resolution terminating the existing special permit at
5525 Cedar Lake Road.
Attachments: Resolution terminating the special permit for 5525 Cedar Lake Road
Letter from applicant
Prepared by: Adam Fulton, Associate Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4h - Terminate Special Permit 5525 Cedar Lake Road Life Time Fitness
Page 3
RESOLUTION NO. 07-063
RESOLUTION RESCINDING RESOLUTION NO. 85-50
ADOPTED ON APRIL 15, 1985 TO ALLOW A TENNIS CLUB AND TERMINATING
THE SPECIAL PERMIT GRANTED AT 5525 CEDAR LAKE ROAD
FINDINGS
WHEREAS, Mr. Jeff Melby, Vice President of Development, representing Lifetime
Fitness, owner of the property affected by the special permit, has requested that the City Council
terminate the special permit to allow a tennis club at 5525 Cedar Lake Road within the C-2
General Commercial Zoning District and having the following legal description:
That part of the east 460 feet of Government Lot 1 Section 9 T 117 R 21 lying northerly
of railroad right-of-way and southerly of the center line of Old County Road No. 16;
Also that part of the NW 1/4 of the NW 1/4 of Section 31 T 29 R 24 lying northerly of
the railroad right-of-way and southerly of New County Road 16, except road right-of-way.
WHEREAS, a special permit was issued for the subject property pursuant to Resolution
No. 85-50 of the St. Louis Park City Council dated April 15, 1985; and
WHEREAS, due to changed zoning regulations, termination of the special permit to
allow a health and fitness center is now requested; and
WHEREAS, once the special permit is terminated, the above described property will
continue to be governed by the regulations of the C-2 General Commercial District; and
WHEREAS, it is the intent of this resolution to terminate the special permit granted by
Resolution No. 85-50.
CONCLUSION
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that Resolution No. 85-50 is hereby rescinded and replaced by this resolution
which terminates the special permit.
Reviewed for Administration Adopted by the City Council May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 4h - Terminate Special Permit 5525 Cedar Lake Road Life Time Fitness
Page 4
St. Louis Park City Council Meeting
Item: 052107 - 4i - Bid Tabulation City Hall Elevator
Page 1
4i. Bid Tabulation: Motion to designate All City Elevator Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of $130,
132 for the 2007 City Hall Elevator Modernization Project – Project No. 2008-1800.
BACKGROUND: The city hall elevator was installed as part of the original building
construction during the early 1960’s. Updates over the years have been limited to partial
replacement of the control system in 1980. Repairs have become more frequent with occasional
breakdowns occurring. The elevator is essential to providing access to all service areas of city
hall and has fulfilled its expected lifecycle.
The State of Minnesota recently adopted a new elevator code that mandates replacement of
single wall jack hydraulic elevators, as we have in city hall, with double wall jacks within five
years. This change is intended to prevent accidental discharge of hydraulic fluids into the sub
soil.
Consulting firm Larch Bates was hired to evaluate the elevator and assist us in reviewing our
options. The recommendation was to proceed with the modernization as quickly as possible.
They reported that significant cost increases and equipment delays could occur, as they
experienced in other states, when code changes similar to those enacted in Minnesota have
occurred, especially as the mandatory replacement date approaches. The modernization project
will yield virtually a 100% new system.
BID ANALYSIS: As part of the bidding requirements all contractors were required to attend a
pre-bid meeting after which time Larch Bates pre-qualified the contractors. Of the seven
companies who were represented at the pre-bid meeting, one submitted a bid.
Follow up of the companies who attended but did not bid revealed that the city’s tight timelines
for the completion of the project, so as not to have the elevator out of service during the primary
and general election periods this fall, did not fit their capabilities.
One bid for the project was received on May 14, 2007. An advertisement for bids was published
in the St. Louis Park Sun-Sailor on April 19, and 26, 2007 and in the Construction Bulletin on
April 16, and 24, 2007. A summary of the bid result is as follows:
Larch Bates, our consultant firm, estimated the project cost with 10% contingency at $143,000.
The consultant has reviewed the bid submitted and recommends awarding the contract to All
City Elevator Inc.
FUNDING: This project is included in the 2007 Capital Improvement Program funded by the
2005 General Obligation Bond Fund.
PROJECT TIMING: All City Elevator Inc. is proposing to complete this project between
September 15 and October 30, 2007.
CONTRACTOR BID AMOUNT
All City Elevator Inc. $130,132.00
St. Louis Park City Council Meeting
Item: 052107 - 4i - Bid Tabulation City Hall Elevator
Page 2
Prepared by: John Altepeter, Facilities Maintenance Superintendent
Reviewed by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4j - 3230 Gorham Sprinkler Special Assessment
Page 1
4j. Motion to approve Resolution establishing a special assessment for the installation
of a fire suppression sprinkler system at 3230 Gorham Ave., St. Louis Park, MN
55426.
BACKGROUND:
Gorham Properties, LLC, owner of the commercial building at 3230 Gorham Ave, has 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 general public health,
safety and welfare within the community.
The Building Code requires the installation of a fire sprinkler system due to a 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 to
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 $28,026.00. An
administrative fee of $140.00 will be added to the special assessment.
Staff has determined that adequate funds are available through the Permanent Improvement
Revolving Fund to fund this special assessment project.
Attachments: Resolution
Prepared By: Cary Smith, Fire Marshal
Reviewed By: Luke Stemmer, Fire Chief
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4j - 3230 Gorham Sprinkler Special Assessment
Page 2
RESOLUTION NO. 07-064
RESOLUTION AUTHORIZING INSTALLATION
AND SPECIAL ASSESSMENT OF
FIRE SPRINKLER SYSTEM AT
3230 Gorham Ave., St. Louis Park, MN 55426
WHEREAS, Gorham Properties, LLC, a commercial property, located at 3230 Gorham
Ave. has 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 $28,026.
4. An administrative fee of $140.00 for processing shall be added to the special
assessment.
5. The total special assessment against the property will be $28,166.00.
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 six percent (6%)
interest.
St. Louis Park City Council Meeting
Item: 052107 - 4j - 3230 Gorham Sprinkler Special Assessment
Page 3
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 May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 4k - Reject Bid Tabulation Grit Disposal Facility 20061500
Page 1
4k. Bid Tabulation: Motion to reject the bids for the Sanitary Grit Disposal Facility
– Project No. 2006-1500.
BACKGROUND:
This improvement project provides a facility to separate liquids and solids collected during the
cleaning of sanitary sewers. Once separated, liquids will be drained back to the sanitary sewer
while solids will be collected and disposed of at an appropriately permitted solid waste facility.
Because other cities and the Met Council also own / operate sewer systems and share this same
need, city staff has worked with other interested area agencies to jointly develop a project. This
facility is now being proposed as a joint project between the cities of St. Louis Park, Hopkins,
Edina and the Metropolitan Council's Environmental Services division (Partners). This facility
provides for an efficient and environmentally responsible method for properly disposing of these
materials.
BIDS:
Bids were received for the second time on April 26, 2007 for the Sanitary Grit Collection
Facility construction proposed to be located at the City’s Municipal Service Center. On January
16, 2007 the Council accepted the Project Report, establishing and ordering Improvement Project
No. 2006-1500, approved plans and specifications, and authorized advertisements for bids. On
February 21, 2007 two (2) bids were opened and due to the higher than expected bid amounts
staff recommended the bids be rejected. On March 5, 2007 the Council rejected the bids and
authorized re-advertisement for bids.
A re-advertisement for bids was published in the St. Louis Park Sun-Sailor on April 5 and 12,
2007 and in the Construction Bulletin on April 9 and 16, 2007. A total of nine (9) bids were
received for this project. The bid package has two components which include: 1) base bid; 2)
alternate bid for addition of insulation for the building structure. After reviewing the bids and
discussing the bids with the Partners, staff feels the city should reject all bids.
A summary of the bid result totals is as follows:
CONTRACTOR BID AMOUNT *
American Liberty Construction Inc. $319,975.00
Greystone Construction Co. $325,461.00
Maertens-Brenny Construction Co. $339,200.00
Meisinger Construction Co., Inc. $344,500.00
Rochon Corp. $355,000.00
Graham Penn Co. $367,440.00
Jansen Builders, Inc. $368,240.00
Rice Lake Construction $372,000.00
Gladstone Construction, Inc. $396,000.00
Engineer’s Estimate $248,000.00
* Bid Amount is based on the base bid amount and selecting the alternative bid.
St. Louis Park City Council Meeting
Item: 052107 - 4k - Reject Bid Tabulation Grit Disposal Facility 20061500
Page 2
EVALUATION OF BIDS:
A review of the bids by our consultant, Bonestroo, indicates American Liberty Construction Inc.
submitted the lowest responsible bid. Bonestroo has worked with American Liberty Construction
Inc. on a similar in the past work and the contractor has satisfactorily completed the project.
Even though the bids received and opened on April 26th are felt to be good representative bids
for this work, the project costs exceed those agreed to in the cooperative project for this facility.
As a result, after consultation with our Partners, we are required to reject bids for this project.
Staff intends to hold future conversations with our Partners to determine if the development of a
joint facility is possible. Regardless of our Partners future involvement, a facility of some sort is
needed by us that will meet both our operational and environmental needs.
RECOMMENDATION:
Staff has reviewed the bids submitted and has tabulated the results. After reviewing the costs
with our Partners and in accordance with the cooperative agreement authorizing this project, staff
recommends rejecting all bids.
Prepared by: Scott Merkley, Public Works Coordinator
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4l - Bid Tabulation MSA Street Projects 20061101 & 1102
Page 1
4l. Bid Tabulation: Motion to designate Midwest Asphalt, Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$625,674.09 for the Dakota Avenue Reconstruction and W. 38th Street
Rehabilitation, 2007 Municipal State Aid Street Projects – Project No. 2006-1101
and 2006-1102
BACKGROUND:
Bids were received on May 10, 2007 for the 2007 MSA Street Rehabilitation Projects. The
streets included in this year’s project are Dakota Avenue from Minnetonka Blvd to south of W.
32nd Street, and W. 38th Street between Excelsior Boulevard and France Avenue. Dakota
Avenue will be reconstructed while W. 38th Street will be rehabilitated having only the asphalt
pavement replaced along with minor drainage system and sidewalk repairs.
A total of six (6) bids were received for this project. An advertisement for bids was published in
the St. Louis Park Sun-Sailor on April 26 and May 3, 2007 and in the Construction Bulletin on
April 30, 2007. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Midwest Asphalt Corporation $625,674.09
Northwest Asphalt, Inc. $642,367.30
Bituminous Roadways, Inc. $672,681.30
Hardrives, Inc. $677,382.46
C.S. McCrossan $692,047.95
Valley Paving, Inc $738,680.02
Engineer’s Estimate $790,430.00
EVALUATION OF BIDS:
Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff
recommends Midwest Asphalt, Inc. as the lowest responsible bidder. Midwest Asphalt is a
reputable contractor that has worked for the city before and has successfully completed contracts.
FINANCIAL CONSIDERATIONS:
The 2007 CIP budgeted $605,000 for work on Dakota Avenue and $250,000 for work on W.
38th Street. State Aid funds will be used to cover the cost of the street work with an additional
$50,000 coming from the Utilities budget to cover the cost of the utility work which is not
eligible for State Aid funding.
CONSTRUCTION TIMELINE:
The work is anticipated to begin in June and should be completed by late summer.
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Scott Brink, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4m - School District Cable TV Grant
Page 1
4m. Motion to approve payment to School District #283 for an operations grant of
$35,000 and a grant of $9,000 for equipment and Junior High video club staffing
from Cable TV franchise fees in 2007.
BACKGROUND:
City as Cable TV Fund Grantor
The School District has received funding from Cable TV franchise fees since 1982, and since
1996 the Telecommunications Commission has reviewed the District’s request and
recommended action to the City Council. The Commission has traditionally felt that franchise
fees should be used to produce programming and District video text display for Educational
Access Channel 14, which benefits all Cable TV viewers.
In 2001, at the request of the School District and Commission, the Council increased the
operations grant to $35,000, which covers most of the District Video Technician’s salary and
benefits.
Starting in 1998, the Commission recommended separate grants for operations and equipment,
basing the equipment grants on District proposals. These grants are just a part of the budget for
educational access; the School District also financially supports cable TV efforts. The
equipment grant was discontinued in 2003 for budget reasons, but the Telecommunications
Commission recommends that Council approve an equipment grant in 2007.
The most recent equipment grant to the School District was $31,500 in 2004 to upgrade the High
School studio, which came from an equipment grant of $100,000 from Time Warner Cable on
December 31, 2003. Those purchases were recently completed and most of the equipment is
installed.
School District staff has been upgrading the High School studio as part of the recently finalized
agreement allowing Community TV to use this studio, for $2,880 staff reimbursement yearly,
based on 144 hours per year. (The Comcast studio on Belt Line is no longer available, as per
franchise). The High School studio’s video switcher is failing so they’d like to replace it.
In addition, Junior High School staff tried to re-start a video club this spring with a $60 activity
fee, but no students signed up. District staff submitted an Art and Culture grant proposal for
equipment and staffing of $6,800, but did not receive that grant. With that funding, the activity
fee could be waived. Tom Marble, the School District’s Technology coordinator, told the
Commission at their May 3, 2007 meeting that a $9,000 equipment grant would cover both the
studio video switcher and the equipment and staffing for the Junior High video club. The
projects that the Junior High video club produces would also be seen on Educational Access
channel 14.
At the May 3, 2007 meeting, the Telecommunications Commission unanimously voted to
approve a $35,000 School District operations grant and $9,000 for equipment and Junior High
video club staffing.
The next week, District and City staff finalized an agreement for TV coverage, by District staff,
of all 24 scheduled School Board meetings for $1,440, allowing Park TV 16 staff flexibility for
covering other events. To this point, Park TV staff has covered School Board meetings.
St. Louis Park City Council Meeting
Item: 052107 - 4m - School District Cable TV Grant
Page 2
There is no requirement in the franchise to provide franchise fees to the School District for their
cable TV operations, but there is consensus on the Telecommunications Commission to increase
the support to the School District since franchise fees have grown substantially since the
operations grant was increased to $35,000 in 2001.
School District Grant History from cable franchise fees
Year Operations
Grant
Equipment
Grant
Total School
District Grant
Franchise
Fees
received
by City
Additional funding
(Cable company
equipment grants
required by franchise)
1997 25,000 25,000 233,781 -
1998 25,000 8,000 33,000 255,387 --
1999 25,000 36,167 61,167 279,970 86,000
2000 25,000 12,900 37,900 310,713 Digital services
introduced June, 2000
2001 35,000 15,000 50,000 379,000 -
2002 35,000 38,000 73,000 385,545 -
2003 35,000 0 35,000 368,917 -
2004 35,000 31,500
(from $100K
grant)
66,500 425,208 100,000 received
12/31/03
2005 35,000 0 35,000 421,959 -
2006 35,000 0 35,000 477,344 800,000 equipment
grant 6/30/06
2007 Proposed
35,000
Proposed
$9,000
Proposed
44,000
Estimate
496,000
-
VISION ST. LOUIS PARK & CHILDREN FIRST CONNECTIONS:
Upgrading the High School studio for community use fits with these Vision St. Louis Park
Strategic Directions:
• St. Louis Park is committed to being a connected and engaged community.
• Increasing use of new and existing gathering places and ensuring accessibility throughout
the community.
Also, encouraging a Junior High video club is consistent with St. Louis Park as a Children First
community.
RECOMMENDATION:
Motion to approve payment to School District #283 for an operations grant of $35,000 and a
grant of $9,000 for equipment and Junior High video club staffing from Cable TV franchise fees
in 2007.
Prepared by: Reg Dunlap & John McHugh, Civic TV Coordinators
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 4n - Parks and Recreation Advisory Commission Meeting Minutes 032107
Page 1
OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY
COMMISSION MEETING
Wednesday, March 21, 2007
The Rec Center Programming Office
1. Call to Order
Chair George Foulkes called the meeting to order at 7:02 p.m.
Commission members present: Bruce Cornwall, George Foulkes, George Hagemann,
Steve Hallfin, Kirk Hawkinson, and Lauren Webb-Hazlett.
Commission member absent: Tom Worthington.
Staff present: Cindy Walsh, Director of Parks and Recreation and Stacy Voelker,
Recording Secretary.
2. Presentations: none.
* 3. Approval of Minutes
• January 31, 2007
Members reviewed and requested item 5a, second sentence to read “initially there were
24 artists which were narrowed down to three per location”.
It was moved by Commission member Mr. Hallfin to approve the minutes from the
regular meeting of the Parks and Recreation Advisory Commission as corrected,
seconded by Commission member Mr. Hagemann. The motion passed 6-0.
4. New Business
a. Review Active Community Planning Initiative (Sean Walther, Sr. Planner)
Ms. Walsh introduced Mr. Walther, Senior Planner, to the Commission.
Mr. Walther advised the city received a grant from Blue Cross/Blue Shield last July to
include public health in the community and to contribute to the sidewalk and trail plan.
The grant required the planning process be complete by the end of the year. Currently the
city is recruiting an advisory committee for input along with holding a community
workshop on May 17 at The Rec Center; members were encouraged to attend. Mr.
Walther asked Mr. Hagemann to be the Parks and Recreation Advisory Commission
representative on the committee as he was part of the vision Sidewalk/Trail committee.
The report will go to council on April 9, the first meeting will be held on April 19, and
St. Louis Park City Council Meeting
Item: 052107 - 4n - Parks and Recreation Advisory Commission Meeting Minutes 032107
Page 2
will complete planning in fall. A technical analysis will occur and neighboring
jurisdictions will have input on the analysis. Outcome will have a pedestrian element as
part of the transportation plan. Staff would like a recommendation from the Parks and
Recreation Advisory Commission prior to Planning Commission and council. The trails
and sidewalk committee could potentially present the plan to the Commission in October.
The initiative is looking for opportunities or gaps in the city; the city wants to draw from
the community; would like continuity for implementation.
Mr. Foulkes questioned the history of SRF Consulting. Mr. Walther indicated SRF
Consulting has experience from the 1999 plan and assisted to finish the plan, provided
Hopkins, Plymouth, Hennepin County and Three Rivers master plans. Also, staff is
interested in producing recommended walk routes that are safe for elementary and middle
schools. Ms. Walsh advised safe routes to school are a new initiative and great idea due to
busy roads.
Mr. Hagemann inquired if SRF Consulting worked with Public Works on the trail
crossing by Belt Line; Mr. Walter advised it is the same firm. Ms. Walsh indicated Mike
McGarvey will be the representative from SRF Consulting. He was not the engineer who
worked on the trail crossing. The Commission will have an opportunity to review the
final plan.
Mr. Hawkinson inquired how light rail may affect planning. Mr. Walther advised the trail
would stay if light trail came through the city. The regional trails will also be reviewed
and how they merge together as it appears to be very attractive to users.
Mr. Hallfin inquired if this process began in 1999. Mr. Walther advised it did and
adjustments have been made with annual improvements. Mr. Hallfin inquired if they are
looking for new areas or only reviewing what has been done in the past. Mr. Walther
indicated (on street bikeways, sidewalks, trails) will be up to committee members to
review what’s been done, what should be added/improved, and what is needed.
Ms. Walsh advised staff will continue to update the commission.
b. Appointment of a Representative to the Active Community Planning
Initiative Task Force
Members discussed the representative role.
Mr. Foulkes moved to appoint Mr. Hagemann to the Active Community Planning
Initiative Task Force/Committee; Mr. Hawkinson seconded. Motion passed 6-0.
St. Louis Park City Council Meeting
Item: 052107 - 4n - Parks and Recreation Advisory Commission Meeting Minutes 032107
Page 3
c. Review and Approve By-Laws
Ms. Walsh explained the existing by-laws are in gray scale and the underlined are
proposed or potential items to include. Members discussed. Commission members will
further review by-laws and call staff with comments prior to Wednesday, April 4.
Members voted to move regular April meeting from April 18 to April 11. By-laws will
then go to council April 16.
5. Old Business
a. Playground Equipment Review
Ms. Walsh presented playground equipment to be installed at Bronx, Cedarhurst, Fern
Hill, Knollwood Green, and Sunset Parks. Each neighborhood chose their individual
playground structures.
b. Discuss Goals
Ms. Walsh advised Council reviewed the Commissions goals. Council indicated great
goals and provided the following comments: incorporate work in city’s compensation
plan; participate in comprehensive plan; and invited the Commission on their annual
canoe ride. Members discussed and agreed to incorporate council’s recommendations into
the goals as per attached.
6. Communications
a. Chair
Mr. Foulkes was pleased with the goal discussion and feedback from Council.
b. Commissioners
Mr. Hallfin reminded members of Commissioner Appreciation Celebration event on
April 16 and encouraged attendance.
Mr. Hagemann mentioned concern with lack of parking by off leash dog park (Dakota
Park) when storm water project is underway. Staff will ensure adequate parking available.
Mr. Hagemann inquired if it is mandatory to attend the Parliamentary Procedure training
on April 30. It is not mandatory but members were asked to RSVP if attending. Advised
Scott Brink from Public Works will be working on the Belt Line and Wooddale
connections. The Belt Line connection costs approximately $100,000. On Wooddale, a
median would be installed as a refuge area. Council decided to spend the money on a
signalized crossing at Belt Line and are currently looking for funding. Public Works is
applying for funds from TLC and would like support for their funding request.
Commission members discussed and support this project. Mr. Hagemann will draft a
letter of support and will e-mail a copy of the letter to all members prior to sending.
St. Louis Park City Council Meeting
Item: 052107 - 4n - Parks and Recreation Advisory Commission Meeting Minutes 032107
Page 4
Mr. Cornwall provided information on pervious concrete for Commission review. With
pervious concrete, there is less storm water management needed; more expensive; not
proven for heavy equipment; and cannot be salted or sanded in the winter.
c. Program Report
None.
d. Directors Report
Ms. Walsh advised members of a session with Richard Louv, who wrote the book “Last
Child in the Woods”, on April 19 from 1-4 p.m. in Winona, MN. The event is
cosponsored by MRPA and City of Winona. If interested in attending, contact Ms. Walsh.
Ms. Walsh advised members that Michelle Margo will be leaving St. Louis Park for a
position in Brooklyn Park to run facilities beginning in April.
7. Adjournment
The meeting adjourned at 8:27 p.m.
It was moved by Commission member Mr. Hallfin to adjourn, seconded by Commission
member Mr. Hawkinson. The motion passed 6-0.
Respectfully submitted,
Stacy Voelker
Recording Secretary
St. Louis Park City Council Meeting
Item: 052107 - 4o - Police Advisory Meeting Minutes 030707
Page 1
Police Advisory Commission
Meeting Minutes
7 March 2007
Chair Gormley called the meeting to order at 7:00.
Commissioners Present: Michael Baum, Maureen Gormley, Cindy Hoffman, Dick Markgraf,
Pat Swiderski and Hans Widmer.
Commissioners Absent: Siyad Abdullahi, Jim Lanenberg, Kelly Lund, Cal Ohliger and Jim
Smith.
Staff Present: Chief Luse, Lieutenant Harcey and Ms. Stegora-Peterson.
I. Approval of January 3, 2007 Minutes
Chair Gormley noted Commissioner Baum’s name was spelled incorrectly in section IV.
Motion to approve the minutes was made by Com. Baum, seconded by Com. Smith. The
minutes were approved as amended.
II. Update on Annual Report to City Council
Chair Gormley indicated the Annual report was presented to the City Council in February and
they were happy with what the Commission had done. The Council had questions and some
concerns about the golf tournament, but the Commission wanted to try to do it. The Council also
wanted the PAC to do outreach with the Human Rights Commission. Com. Swiderski has
agreed to attend their meetings. The Commission indicated they were going to do “mini”
academies for special populations.
Chief Luse added that they talked about sub-committee struggles that had occurred from the
membership turn over.
III. Sub Committee Reports
Traffic – Com. Widmer reported the committee met in January to discuss the direction they
wanted to go. They want to provide education and do a neighborhood survey to key in on
traffic issues. They talked about the City purchasing speed signs, with Louisiana being a
primary location for a sign.
Lt. Harcey noted the City would be purchasing four portable signs and they needed to decide
where they should go and how to receive complaints. There needs to be a mechanism for
residents to contact the police with concerns.
St. Louis Park City Council Meeting
Item: 052107 - 4o - Police Advisory Meeting Minutes 030707
Page 2
Chief Luse indicated the Public Works staff had concerns about legal requirements. They
would like to identify major areas to put the signs and rotate the location. He requested
feedback and a plan from the Commission. These would be in addition to the radar trailer,
which is used to collect data. The portable signs will be used to provide a reminder of the
speed limit in locations where there aren’t generally speeding problems. They will send a car
to areas where there are speeding problems.
Police Citizens Academy – Chair Gormley indicated the committee had not met, but needs to
discuss the spring plan.
Lt. Harcey stated he met with Kim in Community Outreach and set a tentative schedule, but
they had not planned the mini academies. There are two sessions planned (six weeks, plus
one Saturday).
Chief Luse suggested that they do the mini academies separate this year, but possibly
incorporate them into the regular sessions in the future and have topics that interest different
populations.
Chair Gormley felt they needed to do outreach to various communities, but this could be
discussed further at a sub committee meeting.
Community Partnerships/Public Relations – Com. Baum indicated they needed to meet.
V. Future Speakers for PAC Meetings
Chief Luse noted the Police Department was working on an information management
process, Request Partners, to address neighborhood issues and build outside the Police
Department. They are talking about the Police Department creating web link to share
information with residents (re: crime, quality of lie, etc.). The Office Manager can do a
demonstration at the May meeting. The sub committee can help with site design and provide
feedback. They are in the infancy stage now with a mapping system, but want to know if this
would be a useful tool for residents.
Commissioners were open to helping and agreed to hold the next Commission meeting at the
Police Department beginning at 6:30 PM.
Chief Luse stated Jamie Zwilling had been hired as the new Communications Director and will
have oversight over all City communications. They could ask him to attend a meeting. He
wants to keep going with the cable show and also wanted to work on graffiti issues. Marney
Olson is the new neighborhood liaison and he wanted her to be a resource for the Commission
because of the work she does with neighborhood leaders.
IV. Golf Tournament Update
Com. Smith indicated the date is set for Friday, September 7th at Meadowbrook. The Commission
agreed to a morning start time. He needed a list of Park businesses to write to and a description of
the crime fund. Lt. Harcey agreed to provide a list and a description.
St. Louis Park City Council Meeting
Item: 052107 - 4o - Police Advisory Meeting Minutes 030707
Page 3
Chief Luse suggested police staff and volunteers could cater the lunch. Com. Baum
indicated when he researched this last year, the price was negligible to have it catered versus
the Police staff doing the lunch. It probably would be easier to have it catered.
Chief Luse believed they needed to focus on public and community relations.
Com. Smith indicated it would be finalized by May.
Commissioners discussed other opportunities such as a silent auction, etc.
VI. Other Business
Lt. Harcey reported on the City Council recognition of volunteers on April 16th and a future
training on parliamentary procedures. He also noted he was available to attend sub
committee meetings.
Chair Gormley reviewed sub committee membership (Dick Smith, Community Partnerships;
Cindy Hoffman, Traffic; Kelly Lund, not assigned).
VII. The meeting adjourned at 8:01 PM.
St. Louis Park City Council Meeting
Item: 052107 - 4p - Planning Commission Meeting Minutes 041107
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
April 11, 2007--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis
Morris, Richard Person, Carl Robertson, Jerry Timian
MEMBERS ABSENT: None
STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells
1. Call to Order – Roll Call
2. Minutes
Commissioner Robertson moved approval of the minutes. Commissioner Carper seconded the
motion, and the motion was approved on a vote of 6-0-1 (Kramer abstained).
3. Hearings - None
4. Other Business
A. Elmwood Village in the Park Phase II - Final PUD and Plat
Location: 36th Street and Wooddale Avenue
Applicant: David Bernard Builders and Developers
Case No: 05-77-PUD and 05-78-S
Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained
that a lot of effort had gone into looking at ways to improve the parking for the final
approvals. The applicant found a way to increase underground parking under the private
plaza, and add ten surface spaces to Wooddale. The parking study numbers had been
revised from a shortfall to now being a small surplus.
Commissioner Carper asked about the public art process for the area. Meg McMonigal,
Planning and Zoning Supervisor, explained the process.
Commissioner Robertson stated he was bothered that M-X zoning requires the majority
of ground floor to be commercial and this project shows more than half of the ground
floor as residential. He said he was a participant in the Elmwood Study and they were
looking for more commercial wrapping on Wooddale. He commented that there are
many residential units being built in the city and he was not comfortable losing prime
ground floor retail space in a growing area in one of the first developments.
St. Louis Park City Council Meeting
Item: 052107 - 4p - Planning Commission Meeting Minutes 041107
Page 2
Mr. Morrison responded the developer was trying to market the commercial property
they were proposing and it hadn’t sold yet. They had been pursuing 36th Street as a main
commercial corner. They had been looking at Wooddale as a residential corridor. The
west side is also residential (VIP I). The residential on the east side complements that. It
was problematic in the sense that it would increase the parking requirement on the site.
Commissioner Robertson felt commercial retail complemented residential. The intent of
the Elmwood Study was for it to be commercial. The intent of mixed use is commercial
on the ground floor and residential above.
Commissioner Timian said he agreed philosophically, but around the community first floor
commercial was not renting and there were a lot of open spaces. It would be a long-term
issue and if they didn’t turn some of the units into housing, they would end up with empty
commercial spaces along the avenue.
Commissioner Robertson added there was a slow down in housing, too.
Mr. Morrison noted the 36th Street side of the commercial had ample parking available in
front.
Commissioner Kramer asked where there isn’t commercial on the Wooddale side, how
far off the ground are the ground-floor units and what is the accessibility to the street?
He said he hasn’t been satisfied with other new buildings with ground floor housing that
he has seen.
Mr. Morrison replied all units are accessible only from an interior corridor. There are no
patios. The floor will be a couple feet off the surface and the windows will be a few feet
above that.
Commissioner Robertson said there is no residential along Wooddale except what was
just built. He disagreed that it is a residential corridor. It is commercial. This is where
the transit station will be. He said he wouldn’t be in support of the current proposal.
Commissioner Carper asked about the area along 36th Street. He was interested in
whether coffee shops, restaurants or food shops were going to have adequate space for
outdoor seating which would enhance the area.
Mr. Morrison replied that Hoigaard’s Village area has staggered setbacks with ample
room for sidewalk cafes. The corner plaza at VIP II would have a sidewalk café and
there are benches proposed and room for tables. They were hoping to get a coffee shop
there. The rest of the areas along VIP II are not wide enough to accommodate sidewalk
seating. The rest of the corridor is yet to be developed.
Commissioner Carper stated with the exception of the corner, there is not going to be any
possibility of sidewalk eating areas for restaurant/sandwich shops and additionally
because of the parking, those aren’t even viable tenants in this area.
St. Louis Park City Council Meeting
Item: 052107 - 4p - Planning Commission Meeting Minutes 041107
Page 3
Mr. Morrison replied in VIP II restaurants are likely not viable. In Hoigaard’s Village
they are, and there is other property yet to be developed.
Commissioner Carper asked about the city-owned property across the street for parking
and if they were able to include that in parking counts for any businesses.
Mr. Morrison replied there is public parking across the street, however it cannot be
specifically designated to these uses. Staff has tried to make VIP II stand alone as much
as possible. In the future, if there is a ramp on that corner, it is expected to be primarily
designated for transit.
Chair Johnston-Madison invited the applicant to speak. Ms. McMonigal asked the applicant to
address the intent for commercial and the ground floor units along Wooddale.
Tim Whitten, Executive Vice President, Rottlund Company and David Bernard Builders,
stated the amount of commercial was a challenge. In talking to potential users and
developers of commercial, they believed the best opportunity for success was on 36th
Street, not Wooddale because of accessibility, visibility and parking. Regarding housing
on Wooddale, they were comfortable with the relationship as far as the vertical element.
The grade drops and allows them to separate the street and the sidewalk from the ground
floor of the units. They had a lot of success doing landscaping and screening on VIP I.
Four season porches helped buffer and provided more privacy.
Commissioner Timian asked about sales at VIP I. Mr. Whitten replied that sales had
gone very well.
Mr. Whitten spoke about parking along Wooddale. Initially the developer was pushing
for it. They found an opportunity to provide ten more parking spaces under the building.
This would be ten additional parking spaces and the challenge was with the City’s request
for the width and development of Wooddale. The ten spaces cut into the opportunity for
green space and they would lose the boulevard. He displayed drawings illustrating
parking and another option substituting green space. Wooddale was the least desirable
place for parking. Residents and their guests would not be using this parking. The retail
is on 36th Street, which has the opportunity for parking and direct access. He asked the
Commission to consider removing the parking on Wooddale.
Ms. McMonigal asked Mr. Morrison to discuss the eventual curb and the proposed
parking.
Mr. Morrison displayed the existing layout of the intersection of 36th Street and
Wooddale and the location of the proposed curb and turn lane.
Commissioner Kramer expressed discomfort about the effort being put into cars and
parking. Cars were seeming to come first before the pedestrian and aesthetics part of this
and not about what makes a community. If they don’t have shops or other activities
there, they force people to drive somewhere else. This was half a block away from a
future transit station. They were missing the community and neighborhood part of what
they could have there, at least on the Wooddale side of the street.
St. Louis Park City Council Meeting
Item: 052107 - 4p - Planning Commission Meeting Minutes 041107
Page 4
Commissioner Morris asked why the street parking was being added. Was it because the
developer wanted to add ten additional units?
Ms. McMonigal replied the developer added ten parking spaces in the underground parking
lot, not ten units. Initially they wanted parking along Wooddale. The Elmwood Study
showed parking along Wooddale and part of that was to provide traffic calming for an area
that ramps on and off the freeway. When the developers asked for it, planners worked with
the engineers to try to get parking on the street for the reason that parking is very tight on
the site. In order to make the retail successful, they will need a certain amount of parking,
and in order to provide a bit of the local street feel and provide traffic calming, are the
reasons why staff was recommending it.
Commissioner Morris stated he saw one or two opportunities to increase parking space
off-site. One was using the parking for the building on Yosemite. The other would be
possibly leasing parking spaces on the other side of 36th Street in the City’s lot, both
being accomplished with an off-site parking lease. He was not in favor of adding parking
on Wooddale. The design they looked at with boulevard trees and sidewalks was more
residential without parking to clutter the area. Off-site parking could be available at
periods when the other business was not open.
Mr. Morrison noted there was always an option for parking in the municipal lot on the
north side of 36th Street. Parking on the east side of Yosemite has been used for the
building to the east and was their only parking.
Commissioner Morris stated they had used shared parking in other developments and
made arrangements. The City controls the use and could assign stalls.
Mr. Morrison indicated the current tenant is Luggage World, but the tenants could change
and they could see a more heavily trafficked use.
Commissioner Morris indicated he was not in favor of the parking on Wooddale and felt
it was a scenario that was not residential in nature.
Ms. McMonigal stated parking was complicated. Walker Parking Consultants did a
parking study and trying to find the right balance was difficult. The minimal retail in this
building needed to be supported by a certain amount of parking. The developer had
indicated the retail use was tough on this site and it was even tougher if the retailers felt
they didn’t have enough parking in the nearby area. Staff was trying to ensure there
would be enough parking to make the retail use viable. They looked at mixes of parking
and tried to find a balance.
Commissioner Carper indicated he was also concerned and curious about the parking
along Wooddale. He questioned the calming factor of having parked cars adjacent to a
busy street. He didn’t find a compelling reason for the ten additional parking spaces and
agreed with the developer they might be better off not having them.
St. Louis Park City Council Meeting
Item: 052107 - 4p - Planning Commission Meeting Minutes 041107
Page 5
Commissioner Robertson commented this building was predominantly residential which
was not what should be on the corner. If the commercial turned the corner, it would meet
the intent of mixed use a lot better. Along 36th Street two-thirds was commercial and
one-third was residential. It missed the mark.
Chair Johnston-Madison stated the recommend action.
Commissioner Morris asked about the parking requirements. Did the ten parking space
reduction still meet the required parking?
Mr. Morrison replied it increased the reduction from 31% to about 35% from the required
parking of 239. It could still be met under the PUD. The maximum allowed reduction is
50%.
Commissioner Morris asked if they amended the report to allow 155, would they still not
be in conflict with the PUD, but in conflict with the staff recommendation?
Mr. Morrison replied correct.
Commissioner Morris made a motion to recommend approval of the Final PUD, subject
to conditions recommended by staff, with the deletion of condition 4i (providing for ten
on-street parking spaces on Wooddale). Commissioner Timian seconded the motion, and
the motion passed on a vote of 5-2 (Kramer and Robertson opposed).
Commissioner Morris made a motion to recommend approval of the Final Plat, subject to
conditions recommended by staff.
Commissioner Timian seconded the motion, and the motion passed on a vote of 5-2
(Kramer and Robertson opposed).
B. Major Amendment to Conditional Use Permit to change approved drainage plan
(continue to a future meeting)
Location: 2821 Nevada Avenue South
Applicant: Sergey Vladyka
Case No.: 07-09-CUP
Ms. McMonigal explained Mr. Morrison had been working with the property owner who was
looking at solutions.
St. Louis Park City Council Meeting
Item: 052107 - 4p - Planning Commission Meeting Minutes 041107
Page 6
5. Communications
A. Recent City Council Action – April 9, 2007
B. Other
Commissioner Morris said he felt the Commission should take another look at
the Elmwood Study and reaffirm its proposals. This area is developing quickly.
Ms. McMonigal responded it could be a study session item. She said that the
study is available on the City’s web site.
6. Adjournment
The meeting was adjourned 7:00 p.m.
Respectfully submitted,
Amy Stegora-Peterson
Recording Secretary
St. Louis Park City Council Meeting
Item: 052107 - 4q - Planning Commission Meeting Minutes 041807
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
April 18, 2007--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis
Morris, Richard Person, Carl Robertson, Jerry Timian
MEMBERS ABSENT: None
STAFF PRESENT: Adam Fulton, Sean Walther, Nancy Sells
1. Call to Order – Roll Call
2. Minutes: None
3. Hearings
A. Preliminary Plat and Subdivision Variance
Location: 2849 Jordan Avenue South
Applicant: Steven and Denise Smedberg
Case No.: 07-12-S
Adam Fulton, Associate Planner, presented the staff report.
Commissioner Person commented that Hannon Lake is totally subdivided. He asked if that
is unusual.
Mr. Fulton replied it was quite unusual, as throughout Minnesota most lake properties end
at the water line. He said when Hannon Lake properties were originally platted, the
ownership went to the center of the lake. He added that there are probably statutes that
outline public access to the lake.
Commissioner Timian asked if this created insurance issues for the owners of properties
along the lake. Mr. Fulton replied he was not familiar with any case law on that subject.
Staff could refer that question to the City Attorney if it was a concern.
Commissioner Carper asked hypothetically, if the applicant was required to build
sidewalk should the City also build sidewalk on its property to continue to Cedar Lake
Road?
Mr. Fulton replied that the City has not dedicated funds to build the sidewalk. It would
require a substantial retaining wall and potentially an access bridge across the railroad
tracks to the south. He explained that construction would have to come out of a larger
planning process.
St. Louis Park City Council Meeting
Item: 052107 - 4q - Planning Commission Meeting Minutes 041807
Page 2
Commissioner Kramer agreed that sidewalk construction at the site was difficult. He
asked for alternatives.
Mr. Fulton suggested that the question be directed to the applicant. He went on to say
the applicant had indicated to staff that because of the expense it was unlikely he would
pursue the subdivision to completion if he was required to build the sidewalk. Mr.
Fulton said one alternative would be to build a path to the lake at a future time.
Commissioner Morris stated he believed it would be most practical to put a sidewalk on
the opposite side of the street.
Steve Smedberg, applicant, stated he had been in his house for two years and loved the
house and neighborhood. He explained the lot next door is a natural spot for a house. He
did not have an exact plan for a proposed house, but said he imagined a low house that
would blend into the site, with no lawn and minimal impact. He said he would wait for
the right builder and owner who wanted a low impact house that would fit into the
neighborhood. He went on to say that there are several large oak trees on his property
and the City had put in a retaining wall. He said he didn’t feel a sidewalk would fit the
neighborhood. Also, large trees would have to be removed for sidewalk construction.
Commissioner Person asked if children walked along Jordan Ave. to get to Cedar Lake
Road.
Mr. Smedberg replied there are some children walking, but not many.
Chair Johnston-Madison opened the public hearing.
Betty Carlson, 9315 Cedar Lake Rd., asked who owned the parcel shown as green on the
map which was displayed.
Mr. Fulton replied that it was his understanding that parcel was lake and wetland and was
owned by the City.
Dr. Hope Thornberg, 8900 28th St. W., stated the street is full of kids walking to school in
the morning. She said that 28th Street is a narrow road. She said she spoke with Mr.
Fulton earlier about limiting parking to one side of the street and she had concerns about
emergency vehicles. There are eleven children who walk on the street all the way to
Cedar Manor. She said a sidewalk is needed. Her concern is about infrastructure and the
traffic.
Commissioner Timian asked why there were so many cars on the street as it didn’t seem
to be a busy place.
Dr. Thornberg said the parking seemed to be concentrated on the north end of the street.
St. Louis Park City Council Meeting
Item: 052107 - 4q - Planning Commission Meeting Minutes 041807
Page 3
Mr. Fulton noted he had referred Dr. Thornberg’s concerns to the traffic issues group
administered by the Engineering Department. That group will look into whether it might
be appropriate to recommend signage for no parking.
Leonard Jackson, 9202 W. 28th St., asked how much maintenance the City does on Lake
Hannon. He said it is listed as one of the top 10 polluted lakes in the state. He said the
City had contributed to the pollution with the storm sewer system it put on Flag Ave.
There was an aerator in the lake that kept weeds down, but that quit functioning and was
never replaced. He commented that the lot proposed to be given to the City as an access
to the lake would have to go through a protected wetland area and he didn’t think they
could get through without damaging it. Mr. Jackson said that a number of children use
the street daily. He said he was not in favor of putting a sidewalk in that neighborhood.
He added that expecting pedestrians to cross the intersection of Jordan/Hwy. 169 was a
concern.
Commissioner Morris noted the sidewalk issue was not within the realm of the Planning
Commission. It was a question as to if a sidewalk went in, where could it possibly go.
Mr. Jackson said at the recent neighborhood meeting it was clear that the applicant does not
intend to be the developer of the site.
Commissioner Person asked if the applicant would have to install the sidewalk if the
variance was not granted.
Mr. Fulton replied that was correct.
Chair Johnston-Madison closed the public hearing as no one wishing to speak was
present.
Commissioner Carper spoke about the difficulties of narrowness and topography for any
proposed sidewalk construction at the site. He suggested if the road could be realigned,
it might allow for striping for a pedestrian walk area adjacent to the road. He thought the
exception should be given for the sidewalk request.
Commissioner Kramer asked about the value of the property. He asked about the cost of
a sidewalk at the site.
Mr. Fulton and Mr. Walther replied that an estimate for concrete would be approximately
$32,000 plus approximately $30,000 or more for the retaining wall.
Commissioner Morris made a motion to recommend approval of the preliminary plat and
the subdivision variance for the sidewalk, subject to conditions recommended by staff.
Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-2
(Kramer and Person opposed).
4. Other Business
St. Louis Park City Council Meeting
Item: 052107 - 4q - Planning Commission Meeting Minutes 041807
Page 4
5. Communications
6. Adjournment
The meeting was adjourned 6:40 p.m.
Respectfully submitted,
Amy Stegora-Peterson
Recording Secretary
St. Louis Park City Council Meeting
Item: 052107 - 4r - Planning Commission Meeting Minutes 050207
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
May 2, 2007--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Robert Kramer, Carl Robertson,
Jerry Timian
MEMBERS ABSENT: Claudia Johnston-Madison, Dennis Morris, Richard Person
STAFF PRESENT: Meg McMonigal, Cindy Walsh, Nancy Sells
1. Call to Order – Roll Call
Vice-Chair Kramer called the meeting to order.
2. Approval of Minutes: None
3. Hearings:
A. Conditional Use Permit to construct tennis courts
Location: Aquila Park – 8400 33rd Street West
Applicant: City of St. Louis Park
Case No.: 07-15-CUP
Meg McMonigal, Planning and Zoning Supervisor, presented the staff report.
Commissioner Timian asked how many tennis courts will be located at Aquila Park after
the four new courts are added.
Ms. McMonigal responded that there will be a total of eight tennis courts at Aquila Park.
Commissioner Carper asked if there would be active construction over the July 4th
holiday.
Cindy Walsh, Parks and Recreation Director, replied that staff hopes construction will not
be occuring during the week of July 4th. Staff will request that the contractor fence off
the entire construction area during that period of time. Staff anticipates, depending on
when bid requirements are worked out, that construction will start in June.
Vice-Chair Kramer opened the public hearing. As there was no one present wishing to
speak, he closed the public hearing.
St. Louis Park City Council Meeting
Item: 052107 - 4r - Planning Commission Meeting Minutes 050207
Page 2
Commissioner Robertson made a motion to recommend approval of a Conditional Use
Permit to allow the placement of approximately 3,000 cubic yards of soil from the
location described subject to conditions included in the resolution. Commissioner Carper
seconded the motion, and the motion passed on a vote of
4-0.
B. Planet Ford Conditional Use Permit for retail building and office/bank building
(hearing continued until May 16, 2007)
Location: 3555 State Highway 100
Applicant: PBK Investments, Inc.
Case No.: 07-13-CUP
4. Other Business
Commissioner Carper inquired about the Holiday Station which was recently
reconfigured on Minnetonka Blvd. He recalled that plans included a rain garden as part
of the new drainage system. He said it appears that the completed landscaping consists
of large basalt rock chips and evergreens, rather than a rain garden.
Ms. McMonigal said that staff will check the approved landscape plan and the site and
report back to the Planning Commission.
5. Communications
6. Adjournment
The meeting was adjourned at 6:12 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
Item: 052107 - 4s - Housing Authority Meeting Minutes 041107
Page 1
MINUTES
Housing Authority
St. Louis Park City Hall, Westwood Room
St. Louis Park, Minnesota
Wednesday, April 11, 2007
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt,
Anne Mavity, Judith Moore
MEMBERS ABSENT: Trinicia Hill
STAFF PRESENT: Shannon Bodnar, Kevin Locke, Michele Schnitker,
and Sharon Anderson
1. Call to Order
The meeting was called to order at 5:03 p.m.
2. Approval of Minutes for March 14, 2007
Commissioner Mavity moved to approve the minutes of March 14, 2007, and
Commissioner Moore seconded the motion. The motion passed 4-0.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Approval of S+C Grant Application—Wayside House Inc.
Ms. Schnitker provided background information on the partnership between the
Housing Authority and Wayside House Inc. on the grant application to HUD to
fund eight units of sponsored-based Shelter Plus Care (S+C) rental assistance for
use at their supportive housing apartments on Jersey Avenue in St. Louis Park and
in scattered site units throughout the community. Mr. Schnitker stated that the
Authority has been working with Wayside House, and this topic has been
discussed at previous Board meetings. She further stated that applications are due
to Hennepin County the first part of May.
St. Louis Park City Council Meeting
Item: 052107 - 4s - Housing Authority Meeting Minutes 041107
Page 2
Commissioner Moore moved that the Board (1) authorize the Housing Authority
to partner with Wayside House Inc. in the submission of an application to HUD
for eight Shelter Plus Care Program rental assistance units to serve Wayside
participants living at the Jersey Avenue supportive housing apartments and in
scattered site units located throughout the community and (2) authorize the
Executive Director to execute a contract agreement with HUD and Wayside
House Inc. to operate the rental assistance program per the original application.
Commissioner Fillbrandt seconded the motion, and the motion passed 3-0 with
Commissioners Courtney, Fillbrandt, and Moore voting in favor and
Commissioner Mavity abstaining.
b. Public Housing Collection Write-Off
Ms. Bodnar explained the annual Public Housing Collection Write-Off, totaling
$15,194.77 for Fiscal Year Ending March 31, 2007. Ms. Bodnar further
explained the importance of clearing the books prior to the Authority’s annual
audit.
Commissioner Mavity moved to adopt Resolution No. 559, designating
$15,194.77 as collection losses for damages, unpaid rents, and other charges.
Commissioner Moore seconded the motion, and it passed 4-0.
c. Review of FYE 2008 Action Plan – FYE 2007 Action Plan Update
Ms. Schnitker outlined some of the highlights of the Action Plan for 2008. Ms.
Schnitker stated that one of the goals will be to look at the initiatives identified
through the 2006 City visioning process. The discussion focused primarily on (1)
assisting non-profit and for-profit developers to work with the City on the
acquisition, improvement and/or development of additional and/or non-traditional
housing opportunities to meet the City’s diverse housing needs; (2) considering
development of an incentive program for use of environmentally friendly design
and products in home rehab/expansion/maintenance; and (3) transitioning asset
management in the public housing program. Ms. Schnitker added that staff will
continue to provide periodic progress reports.
Commissioner Fillbrandt moved adoption of the FYE 2008 Action Plan.
Commissioner Moore seconded the motion, and it passed 4-0.
Ms. Schnitker stated that the Council has added to its rules and procedures a goal
of meeting with each board and/or commission. She asked the Board if they
would be interested in such a meeting and suggested that she could provide the
Council with a copy of the Authority’s Action Plan prior to the meeting.
Mr. Locke stated that he felt it would be a good opportunity for the Council to
interact with the Housing Authority Board members and to build bridges for
future communications.
St. Louis Park City Council Meeting
Item: 052107 - 4s - Housing Authority Meeting Minutes 041107
Page 3
It was the consensus of the Board that it would be beneficial to meet with the
Council. Ms. Schnitker stated that she would e-mail the commissioners to
determine the date when the commissioners would be available for a meeting.
7. Communications from Executive Director
a. Claims List April -- 2007
Commissioner Fillbrandt moved to ratify the Claims List for April, 2007, and
Commissioner Moore seconded the motion. The motion passed 4-0.
b. Communications
1. Monthly Report for April, 2007
2. Housing Matrix
3. Scattered Site Houses and Hamilton House (verbal report)
4. Draft Financial Statements
8. Other
9. Adjournment
Commissioner Mavity moved to adjourn the meeting, and Commissioner Moore
seconded the motion. The motion passed 4-0. The meeting adjourned at 5:50 p.m.
Respectfully submitted,
Anne Mavity, Secretary
St. Louis Park City Council Meeting
Item: 052107 - 8a - Police Officer Labor Contract
Page 1
8a. Police Officer Union Contract: January 1, 2007 – December 31, 2009
A three year agreement between the City and the Police Officers Union for 2007-2009.
Recommended
Action:
Motion to adopt attached Resolution approving a Labor
Agreement between the City and Law Enforcement Labor Services
(LELS) Local #206, establishing terms and conditions of
employment for three years, from 1/1/07 – 12/31/09.
We are pleased to bring the Council a contract agreement between the City and the Patrol
Officers bargaining group. The contract with Patrol was the only one open for 2007.
BACKGROUND:
The City and Patrol Officers union have been in negotiations since late fall. In 2006, we were
assigned a new business agent from Law Enforcement Labor Services Inc. (LELS). When we
started contract discussions, the majority of negotiating team members for Patrol were new to the
process.
A major focus in negotiations was on how our compensation for Patrol compares to our market.
In 1997, Council set the policy that our market is defined as metro suburbs with population over
25,000. In reviewing the data, we found the overall compensation for our Patrol position was
falling behind market. After many sessions and various compensation configurations, we all
agreed to use the same pay structure in 2007 and 2008 and include an additional market
adjustment. For 2009 the step and longevity program was redesigned to incorporate longevity
into steps and allow for a more rapid step progression program.
It is essential that we maintain a competitive position in the market for our Patrol positions. We
believe this market adjustment is critical to keep pace with what we see in the position of Patrol.
This is one of the positions in the city where we find that recruitment is fairly difficult, the
market is tight and very competitive.
Compensation changes were settled as follows:
• The base wage increase recommended for 2007 is the same given to non-union
employees, 3%, and the market adjustment is .25%. The city started with a market
adjustment of 7 cents per hour. The union wanted this market adjustment in a percentage
figure to give a more favorable impact to the senior employees, costs were calculated and
the 7 cents was converted to a percentage at an equivalent cost of .25%.
• The base and market adjustment for 2008 is the same as 2007 at 3% and .25% for market.
• The base increase for 2009 is 3% and the additional cost in wages is due to the new step
program.
This is the first contract that is settled for the city for years 2008 and 2009.
Listed below is the summary of all changes as negotiated:
• Three year agreement – 2007, 2008, 2009
• 2007 wage increase of 3%.
St. Louis Park City Council Meeting
Item: 052107 - 8a - Police Officer Labor Contract
Page 2
• 2007 market adjustment – .25%. Comment: Additional cost for market adjustment over a
general 3% increase is estimated to be $5,137.
• 2008 wage increase of 3%.
• 2008 market adjustment – .25%. Comment: Additional cost for market adjustment over a
general 3% increase is estimated to be $5,304.
• 2009 eliminate longevity and replace with step program, 12 years to reach top pay. With
current longevity program, employees must have 13 years of service to reach top pay.
Comment: The cost of this pay plan redesign over a general 3% increase is estimated to
be $22,874 in 2009.
• Increase in employer contribution for insurance, set at the same level as other groups for
2007. For 2008 and 2009 the union agrees to have the same contribution as other non-
exempt groups.
• Supplemental pay for officer assignments (Community Outreach, DARE, Drug Task
Force, School Liaison, and Support Services) will increase by $5 per month in 2008.
Comment: The following changes will occur in 2008: Entry level supplemental pay from
$150 to $155 per month, supplemental pay after 12 months from $170 to $175 per month,
and supplemental pay after 24 months from $190 to $195 per month. Increase is to help
keep pace with supplemental pay in our market.
• Emergency Response Unit Assignment Pay: Increase by $10 per month in 2008.
Comment: Currently, supplemental pay for this assignment is $350 per year. In 2008,
the supplemental pay will increase to $360 per year.
• Court Time – in 2008 the minimum number of hours paid to employees who appear in
court during their off duty time will increase from 2 to 3 hours at one and one-half (1 ½)
times the employee’s base pay rate. Comment: This change is in line with other cities in
our market pay for officers who appear in court during off duty time.
• Health Care Savings Plan added – Patrol Officers will now be participating in the same
Health Care Savings Plan offered to other groups which allows employees to save money
on a pre-tax basis for allowable medical expenses. The HCSP will be implemented in
mid-2007, when all the proper documents are in place.
City staff is very pleased with this agreement and recommends approval. Funds for this
settlement are in the 2007 budget. Budget impacts for 2008 and 2009 will be taken into
consideration at the time of budget preparation. The proposed contract is on file with the City
Clerk.
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution approving a Labor
Agreement between the City and Law Enforcement Labor Services Local #206, Police Officers,
establishing terms and conditions of employment for the duration of 1/1/07 – 12/31/09.
Attachment: Resolution
Prepared by: Ali Fosse, Human Resources Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 8a - Police Officer Labor Contract
Page 3
RESOLUTION NO. 07-058
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN
THE CITY OF ST. LOUIS PARK
AND
LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL #206
POLICE OFFICERS
JANUARY 1, 2007 – DECEMBER 31, 2009
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter;
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis
Park, Minnesota, that the Mayor and City Manager are authorized to execute a Collective
Bargaining Agreement, City Contract #______ between the City of St. Louis Park and Law
Enforcement Labor Services, Inc. (LELS), Local #206, Police Officers effective January 1, 2007
– December 31, 2009.
Reviewed for Administration: Adopted by the City Council May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 1
8b. 2849 Jordan Avenue South –Preliminary and Final Plat and Subdivision Variance
This report requests that the City Council adopt a resolution approving the Preliminary
and Final Plat of Hannon Lake Addition for property at 2849 Jordan Avenue South with
a Subdivision Variance for sidewalk construction.
Recommended
Action:
Motion to adopt Resolution approving the Preliminary and Final Plat
of Hannon Lake Addition with a Subdivision Variance.
DESCRIPTION OF REQUEST:
Requested is approval of a Preliminary Plat with a variance from the subdivision ordinance
requiring sidewalk. The applicant is proposing to subdivide one lot into two buildable lots and
one outlot. The existing house would remain in place on the first lot. On the second, a building
pad is identified for future construction. The third, an outlot, would be deeded to the City after
the Plat is filed. The City would retain the outlot for access to Hannon Lake for maintenance and
public safety purposes.
BACKGROUND:
The property at 2849 Jordan Avenue South is owned by Mr. Steve Smedberg. In 2004 the
property was part of an alternative development proposal, as shown on the attached map titled
“Previous Proposals.” At that time, a developer came forward with various proposals for
townhouses and attached homes located on the lot at 2849 Jordan Ave. S. as well as two other
adjacent lots. Each of the previous proposals was withdrawn.
In meetings with Staff over the past several months, the applicant has indicated his intent to
retain the existing house as his primary dwelling. For this reason, he has a direct interest in the
construction style and architectural characteristics of the adjacent lot. He has indicated that he
would prefer to sell the existing lot without covenants placed on the property, in order to
maximize the lot’s value. However, he has stated that he intends to seek a builder who will build
a house that would fit into the context of the neighborhood.
The applicant has discussed the request for a sidewalk variance with Staff; he indicated that
without the sidewalk variance he is unable to complete the Plat due to the severe grade along
Jordan Avenue South. The sidewalk variance is discussed in detail below, and a related map is
attached.
The applicant held a neighborhood meeting on April 9, 2007. Five neighbors attended the
meeting. The primary questions at the meeting were in regard to the type of housing to be
constructed on the site. Staff provided background to the neighbors in regard to setback and
height requirements. It was noted at the meeting that if more than 400 cubic yards of fill is
brought onto or taken from the site, a Conditional Use Permit will be required.
A public hearing was held on April 18, 2007 before the Planning Commission. Resident
concerns included emergency vehicle access on Jordan Avenue South and West 28th Street and
existing pollution in Hannon Lake. Neither issue raised directly affects the preliminary plat
request. In addition to the concerns, residents spoke about the sidewalk variance issue. One
neighbor stated a preference for no sidewalk in this area, and another stated that there were
school-aged children occasionally walking on streets in the neighborhood. The Planning
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 2
Commission recommended approval of the Preliminary Plat and the Subdivision Variance. Two
Commissioners voted in opposition and cited the need for a sidewalk in the area as the primary
reason for their vote.
ANALYSIS:
Subdivision:
The existing property is approximately 2.32 acres in size. As proposed, the subdivision proposal
meets all Comprehensive Plan and Zoning requirements except the sidewalk requirement of the
Subdivision Ordinance. The lot design provides lake-front access to each new lot. Each new lot
meets the requirements for minimum lot width and lot area. The requirements, as reviewed in
the table below, apply to each new lot.
Factor Required Proposed Met?
Use Single Family Residential Single Family Residential Yes
Lot Area Minimum 9,000 SF Minimum of 31,220 SF Yes
Density 5 units per acre maximum 1 unit per acre Yes
Setbacks – Proposed
Dwelling
Applicant has indicated an ability to meet setback
requirements for a new house Yes
Setbacks – Existing
Dwelling
The existing dwelling meets setback requirements under
existing and proposed conditions Yes
Trees 3 trees potentially removed Tree replacement at time
of construction Yes
Sidewalks Required along all streets
frontages
Requesting a Variance
from Subdivision
Ordinance due to steep
grades
No
Stormwater Only erosion control
required for single house
Erosion control permit to
be obtained at time of
construction
Yes
Easements
10’ around exterior property
lines, 5’ along interior
property lines
Provided Yes
Lot 1: Lot 1 is the new lot created by this plat. The lot is 35,263 square feet in size. It
contains only 21,954 square feet of buildable area, however, due to a portion of the lot
being located in the floodplain. Lot 1 contains over 180 feet of frontage along Hannon
Lake, although much of the frontage is shallow and does not include access to open
water. The future house will have access to the City’s water supply along Jordan
Avenue. Sanitary sewer service, however, is only available on West 28th Street. For this
reason, the applicant will create a private drainage and utility easement across Lot 2 for
access to the sanitary sewer in West 28th Street. The City Engineer has reviewed the
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 3
proposal for the sanitary sewer and determined that the use of a private easement, while
not ideal, provides sufficient access and legal guarantee to the future owner of Lot 2. The
City does not plan to extend the sanitary sewer system to Jordan Avenue South.
Lot 2: The applicant intends to continue using the house on Lot 2 as a primary residence.
It is 31,220 square feet in size, although the buildable area is only 24,696 square feet due
to the location of the floodplain. Lot 2 contains approximately 65 feet of frontage on
Hannon Lake. The existing single-story house is approximately 1,931 square feet in size,
including a two-car garage. It includes a walk-out deck at the rear of the house, facing
Hannon Lake. The existing house meets the minimum setback requirements of the
Zoning Ordinance. Mr. Smedberg has stated that he would like to see a house of similar
construction built on Lot 1.
Outlot A: Outlot A, which has steep topography sloping toward Hannon Lake, is
approximately 34,000 square feet in size. The applicant has agreed to deed Outlot A to
the City after filing the Plat. To guarantee this transfer, Staff will work with the City
Attorney to create a development agreement prior to the filing of the plat. The Parks and
Recreation Department has indicated an interest in the property, due to its adjacency to
two other parcels owned by the City. While there are no plans to construct a public
access in this location or to construct any sort of trail around Hannon Lake, it is in the
City’s interest to acquire this parcel for public safety and maintenance reasons.
Subdivision Variance: One of the requirements for a subdivision is the construction of a
sidewalk along all public frontages. Due to reasons of topography, Staff supports this variance.
The connection to Cedar Lake Road, which would be the responsibility of the City, would
require the construction of over 550’ of additional sidewalk over the steep grade found in this
location. The construction of such a connection would require a large retaining wall.
At the public hearing, there was a question about the potential cost of constructing a sidewalk.
The primary cost involved in this construction would be the retaining wall, which would need to
be approximately 400’ in length and 15’ in height. The Engineering Department estimated the
cost at $25.00 per square foot. For a retaining wall that would be approximately 6,000 square
feet, this would be $150,000. The cost of constructing the sidewalk would be approximately
$30,000, for a total potential sidewalk construction cost of $180,000.
As noted in previous requests for variances from the sidewalk requirement, a variance from the
Subdivision Ordinance differs from a variance from the Zoning Ordinance. Variances from the
Subdivision Ordinance are subject to a less rigorous standard of ‘hardship’ than variances to the
Zoning Ordinance. Hardships related to zoning must be proven through legislatively defined
criteria. In contrast, hardships related to subdivisions must only be shown to be providing a
property owner with reasonable use of the property in question.
During the review process, it was noted that Cedar Manor School is located just north of the
proposed subdivision and that students walking to school could benefit from a sidewalk located
along Jordan Avenue South. Staff reviewed this issue both on-site and through consultations
with School District Staff. School District Staff noted that no students should be walking in this
area. No students live in the area south of the school, except those students living to the south
across the Burlington Northern railroad tracks. Students on that side of the railroad tracks are
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 4
expected to utilize School Districts buses to get to Cedar Manor School. Planning and
Engineering Staff concur with the School District, noting that illegal crossings of the railroad
tracks are dangerous and pose not only a threat to life and safety but also to the trains utilizing
the corridor.
The construction of a sidewalk at this location would encourage the on-going illegal crossings of
the railroad track. Staff has reviewed the available right-of-way along the proposed property
lines, and there is adequate public right-of-way available to construct a sidewalk at a future time
if determined appropriate by the City. If such a sidewalk were to be constructed, consideration
of a safe method of access across the railroad tracks would be necessary.
Recommendation: Staff recommends adoption of the resolution approving the Preliminary and
Final Plat with a Subdivision Variance.
Attachments: Resolution approving Preliminary and Final Plat with Subd. Variance
Draft minutes, April 18, 2007 Planning Commission Meeting
Location map
Current proposal map
Previous proposal map
Sidewalk issue map
City-owned land map
Preliminary Plat (Supplement)
Final Plat (Supplement)
Site photos (Supplement)
Prepared by: Adam Fulton, Associate Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 5
RESOLUTION NO. 07-059
RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF
HANNON LAKE ADDITION
WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR
SIDEWALK REQUIREMENTS
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Steven and Denise Smedberg, owners and subdividers of the land proposed to be
platted as Hannon Lake Addition have submitted an application for approval of preliminary and
final plat of said subdivision with a variance from the subdivision ordinance for sidewalk
requirements (Section 26-153) in the manner required for platting of land under the St. Louis
Park Ordinance Code, and all proceedings have been duly had thereunder.
2. The proposed preliminary and final plat has been found to be in all respects
consistent with the City Plan and the regulations and requirements of the laws of the State of
Minnesota and the ordinances of the City of St. Louis Park.
3. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
That part of the South 1/2 of Southwest Quarter in Section 7, Township 117, Range 21 described
as follows: Beginning at a point 75 feet at right angles East of the West line of said Section 7 and
702.65 feet South, measured on a line parallel with the West line of said section from the North
line of the South 1/2 of the Southwest Quarter of said Section 7, thence South 87 degrees 16
minutes East 149.56 feet; thence South 48 degrees 09 minutes East 122.65 feet more or less to a
point 315 feet East of, measured at a right angle to the West line of said Section 7, thence North
parallel with the West line of said section, 792 feet more or less, to the North line of the South
1/2 of the Southwest Quarter of said Section 7; thence West along said North line 240 feet, more
or less to a point distant 75 feet at right angles East from the West line of Section 7; thence South
parallel with said West line 702.65 feet to the point of beginning, according to the United States
Government Survey thereof and situate in Hennepin County, Minnesota.
Except that part of the above described tract lying Westerly of a line parallel with and distant 25
feet Easterly of the following described line:
Commencing at the Southwest corner of Section 7, Township 117 North, Range 21 West, thence
North along the West line thereof a distance of 570.92 feet; thence deflect to the right at an angle
of 90 degrees a distance of 116 feet to the actual point of beginning of the line to be described,
thence deflect to the left at an angle of 93 degrees 11 minutes a distance of 115.45 feet; thence
defect to the right along a 12 degree curve (delta angle 33 degrees 08 minutes 28 seconds tangent
distant 142.07 feet) a distance of 276.18 feet; thence on a tangent to said curve 4.85 feet thence
deflect to left along a 10 degree curve {delta angle 35 degrees, tangent distance 180.65) a
distance of 350.0 feet, thence along tangent to last described curve, a distance of 200 feet and
there terminating.
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 6
The West 20 feet of that part of the South 1/2 of the Southwest quarter of Section 7, Township
117, Range 21 West of the Fifth Principal Meridian described as follows: Commencing et a point
75 feet at right angles East of the West line of said Section 7 and 702.65 feet South, measured on
a line parallel with the West line of said section from the North line of the South 1/2 of
Southwest Quarter of said Section 7; thence South 87 degrees 16 minutes East 149.56 feet;
thence South 48 degrees 09 minutes East 122.65 feet, more or less to a point 315 feet East of,
measured at a right angle to, the West line of said Section 7, said last described point being the
actual point of beginning of the tract of land to be described; thence North parallel with the West
lima of said section an 792 feet, more or less to the North line of the South 1/2 of Southwest
Quarter of Section 7; thence East along the North line of said Tract 120 feet, more a less to a
point distant 435 feet East of, measured at a right angle to the West line of said section; thence
South parallel with said West line 898 feet, more or less to a point distant 60 feet Northerly of,
measured at a right angle to the Northerly line of the right of way of the Great Northern Railway
Company; thence North 48 degrees 09 minutes West 160.7 feet, more or less to the actual point
of beginning, according to the United States Government Survey thereof and situate in Hennepin
County, Minnesota.
4. There are special circumstances affecting the property such that the strict
application of the provisions of the subdivision ordinance would deprive the applicant/owner of
the reasonable use of the land. Such circumstances arise due to steep topography.
5. The granting of the variance will not be detrimental to the public health, safety,
and welfare or injurious to other property in the territory in which the property is situated. The
granting of the variance will enable the construction of one new single family housing unit.
6. The variance is not contrary to the intent of the Comprehensive Plan and permits
the applicant to dedicate to the City substantial lands that would otherwise be used for
development, increasing lands available for park and open space within the City.
Conclusion
1. The proposed preliminary and final plat of Lake Hannon Addition is hereby
approved and accepted by the City as being in accord and conformity with all ordinances, City
plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota,
provided, however, that this approval is made subject to the opinion of the City Attorney and
Certification by the City Clerk subject to the following conditions:
a. Variance is approved from the subdivision ordinance for sidewalk
requirements required by City Code, Section 26-153, provided, however, that
this approval is made subject to the opinion of the City Attorney and
Certification by the City Clerk.
b. The developer or owner shall pay an administrative fee of $750 per violation of
any condition of this approval.
c. Prior to filing the Final Plat, the developer shall enter into a development
agreement with the City. The development agreement shall:
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 7
1. Provide for the legal transfer to the City of Outlot A as shown on the
Plat of Hannon Lake Addition, Hennepin County, MN. Outlot A
contains greater than 10% of the total lot area, accommodating the park
dedication requirements of the Subdivision Ordinance.
2. Ensure the filing of a private utility easement across Lot 2, granting Lot
1 permanent, irrevocable access to the sanitary sewer in West 28th
Street.
d. Trail dedication fees must be received by the City prior to filing the final plat.
e. Applicant shall submit financial security in the form of a cash escrow or letter
of credit in the amount of $1000 to insure that a Mylar copy of the final plat is
provided.
f. Applicant shall submit financial security in the form of cash escrow or letter
of credit in the amount of 125% of the costs of tree replacement, public
improvements, landscaping and repair/cleaning of public streets and utilities.
g. Applicant shall reimburse City attorney’s fees in drafting/reviewing such
documents as required in the Plat approval.
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.
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 8
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 9
UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
April 18, 2007--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis
Morris, Richard Person, Carl Robertson, Jerry Timian
MEMBERS ABSENT: None
STAFF PRESENT: Adam Fulton, Sean Walther, Nancy Sells
1. Call to Order – Roll Call
2. Minutes: None
3. Hearings
A. Preliminary Plat and Subdivision Variance
Location: 2849 Jordan Avenue South
Applicant: Steven and Denise Smedberg
Case No.: 07-12-S
Adam Fulton, Associate Planner, presented the staff report.
Commissioner Person commented that Hannon Lake is totally subdivided. He asked if that
is unusual.
Mr. Fulton replied it was quite unusual, as throughout Minnesota most lake properties end
at the water line. He said when Hannon Lake properties were originally platted, the
ownership went to the center of the lake. He added that there are probably statutes that
outline public access to the lake.
Commissioner Timian asked if this created insurance issues for the owners of properties
along the lake. Mr. Fulton replied he was not familiar with any case law on that subject.
Staff could refer that question to the City Attorney if it was a concern.
Commissioner Carper asked hypothetically, if the applicant was required to build
sidewalk should the City also build sidewalk on its property to continue to Cedar Lake
Road?
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 10
Mr. Fulton replied that the City has not dedicated funds to build the sidewalk. It would
require a substantial retaining wall and potentially an access bridge across the railroad
tracks to the south. He explained that construction would have to come out of a larger
planning process.
Commissioner Kramer agreed that sidewalk construction at the site was difficult. He
asked for alternatives.
Mr. Fulton suggested that the question be directed to the applicant. He went on to say
the applicant had indicated to staff that because of the expense it was unlikely he would
pursue the subdivision to completion if he was required to build the sidewalk. Mr.
Fulton said one alternative would be to build a path to the lake at a future time.
Commissioner Morris stated he believed it would be most practical to put a sidewalk on
the opposite side of the street.
Steve Smedberg, applicant, stated he had been in his house for two years and loved the
house and neighborhood. He explained the lot next door is a natural spot for a house. He
did not have an exact plan for a proposed house, but said he imagined a low house that
would blend into the site, with no lawn and minimal impact. He said he would wait for
the right builder and owner who wanted a low impact house that would fit into the
neighborhood. He went on to say that there are several large oak trees on his property
and the City had put in a retaining wall. He said he didn’t feel a sidewalk would fit the
neighborhood. Also, large trees would have to be removed for sidewalk construction.
Commissioner Person asked if children walked along Jordan Ave. to get to Cedar Lake
Road.
Mr. Smedberg replied there are some children walking, but not many.
Chair Johnston-Madison opened the public hearing.
Betty Carlson, 9315 Cedar Lake Rd., asked who owned the parcel shown as green on the
map which was displayed.
Mr. Fulton replied that it was his understanding that parcel was lake and wetland and was
owned by the City.
Dr. Hope Thornberg, 8900 28th St. W., stated the street is full of kids walking to school in
the morning. She said that 28th Street is a narrow road. She said she spoke with Mr.
Fulton earlier about limiting parking to one side of the street and she had concerns about
emergency vehicles. There are eleven children who walk on the street all the way to
Cedar Manor. She said a sidewalk is needed. Her concern is about infrastructure and the
traffic.
Commissioner Timian asked why there were so many cars on the street as it didn’t seem
to be a busy place.
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 11
Dr. Thornberg said the parking seemed to be concentrated on the north end of the street.
Mr. Fulton noted he had referred Dr. Thornberg’s concerns to the traffic issues group
administered by the Engineering Department. That group will look into whether it might
be appropriate to recommend signage for no parking.
Leonard Jackson, 9202 W. 28th St., asked how much maintenance the City does on Lake
Hannon. He said it is listed as one of the top 10 polluted lakes in the state. He said the
City had contributed to the pollution with the storm sewer system it put on Flag Ave.
There was an aerator in the lake that kept weeds down, but that quit functioning and was
never replaced. He commented that the lot proposed to be given to the City as an access
to the lake would have to go through a protected wetland area and he didn’t think they
could get through without damaging it. Mr. Jackson said that a number of children use
the street daily. He said he was not in favor of putting a sidewalk in that neighborhood.
He added that expecting pedestrians to cross the intersection of Jordan/Hwy. 169 was a
concern.
Commissioner Morris noted the sidewalk issue was not within the realm of the Planning
Commission. It was a question as to if a sidewalk went in, where could it possibly go.
Mr. Jackson said at the recent neighborhood meeting it was clear that the applicant does not
intend to be the developer of the site.
Commissioner Person asked if the applicant would have to install the sidewalk if the
variance was not granted.
Mr. Fulton replied that was correct.
Chair Johnston-Madison closed the public hearing as no one wishing to speak was
present.
Commissioner Carper spoke about the difficulties of narrowness and topography for any
proposed sidewalk construction at the site. He suggested if the road could be realigned,
it might allow for striping for a pedestrian walk area adjacent to the road. He thought the
exception should be given for the sidewalk request.
Commissioner Kramer asked about the value of the property. He asked about the cost of
a sidewalk at the site.
Mr. Fulton and Mr. Walther replied that an estimate for concrete would be approximately
$32,000 plus approximately $30,000 or more for the retaining wall.
Commissioner Morris made a motion to recommend approval of the preliminary plat and
the subdivision variance for the sidewalk, subject to conditions recommended by staff.
Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-2
(Kramer and Person opposed).
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 12
4. Other Business
5. Communications
6. Adjournment
The meeting was adjourned 6:40 p.m.
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 13
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
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St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 15
St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
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St. Louis Park City Council Meeting
Item: 052107 - 8b - Hannon Lake Plat (2849 Jordan Ave.) and Variance
Page 17
St. Louis Park City Council Meeting
Item: 052107 - 8c - Sanitary Sewer Backup Policy
Page 1
8c. Motion to adopt the attached resolution approving a Sanitary Sewer Backup
Policy.
This report requests that the City Council adopt a resolution approving the sanitary
sewer backup policy and authorizing staff to obtain the insurance policy as a means to
carry out staff’s understanding of the Council’s previous direction.
Recommended
Action:
Motion to adopt attached Resolution Approving Sanitary Sewer
Backup Policy and Authorizing Staff to Purchase Insurance from
the League of Minnesota Cities Insurance Trust.
BACKGROUND:
The St. Louis Park sanitary sewer system handles over 2,000,000,000 gallons of sewage per year
through approximately 140 miles of pipe. There is always a possibility of failure or blockage in
the system which may cause a back-up in the city sewer main line which could cause private
property damage. Back-ups can occur for a variety of reasons such as structural failures, lift
station failure, power outages, lack of proper maintenance, improper disposal practices (grease,
diapers, other), environmental factors (roots), and even vandalism. Experience indicates most
sanitary sewer back-ups in St. Louis Park are caused by property owners’ improper disposal of
debris into city sewers, i.e., tree roots from service line cleaning, diapers, clothing, and other
miscellaneous debris.
The City’s sewer maintenance program is designed to provide for routine cleaning and
inspection as well as to reduce the accumulation of grease and the invasion of roots in the city
lines. Generally speaking, the entire system is cleaned on a three to five year interval. However,
there are certain areas that are cleaned more often based upon a history of problems in that area
of the system or based on inspection. For example, a sewer line that services some restaurants is
cleaned more often due to grease deposits, than lines in a typical residential area. Areas known to
have root intrusion are cleaned on a more frequent basis. When inspection identifies problems
such as this, those areas are scheduled for cleaning or repair as deemed appropriate.
During Study Sessions held on July 10, 2006, September 25, 2006, and November 27, 2006, staff
reviewed information regarding our sanitary sewer infrastructure, sewer maintenance practices
and experiences, past backups, public education, and insurance coverages (public and private).
Council expressed concerns that property owners were at times significantly harmed by backups
through no fault of their own. As a part of those discussions, staff presented Council with
several ideas on how the City might address those concerns.
After the study session in November Council directed staff to prepare a sanitary sewer backup
policy which would:
§ treat residents fairly
§ allow for shared responsibility with residents
§ incentivize residents to better protect themselves from backups (obtain backup insurance
coverage and upgrade and/or properly maintain their plumbing system)
In addition, staff was also requested:
St. Louis Park City Council Meeting
Item: 052107 - 8c - Sanitary Sewer Backup Policy
Page 2
§ to determine if an independent adjuster should be used to administer this new policy or if
this could be done by the League of Minnesota Cities Insurance Trust (LMCIT) in
conjunction with the City’s liability insurance
§ to provide a description of the industry standard coverage associated with damage to
furnishings and personal belongings
CONFLICT OF INTEREST:
This proposed policy was discussed with the LMCIT staff. They immediately discerned that a
potential conflict of interest was created, not only for the claims adjustment portion of the policy,
but a possible conflict with our duty to defend them against liability claims. When it is the city’s
policy to pay a claim with insurance when we are liable, and to pay with our own utility funds
when we are found not liable, it is in our best financial interest to be found liable. The LMCIT
concern is that we would not be vigorous in defending ourselves against backup claims.
INCREASED INSURANCE COVERAGE PROVIDED:
In further discussions with LMCIT staff, we were offered an upgrade to their existing no-fault
sewer backup coverage. They will allow us to raise the coverage amount to $40,000 per
occurrence from the $10,000 limit on their standard policy. This will provide the level of
coverage that the City Council previously discussed. Please note that the insurance coverage
will still be subject to our standard deductible e.g. $50,000 per occurrence and not more than
$150,000 aggregate.
This allows us to eliminate the conflict of interest since all claims will be paid through our
standard insurance policy. We avoid the direct cost and supervisory time it takes to hire and
oversee an outside adjuster. Litigation support for disputed cases will be provided by the
LMCIT rather than city resources. And this provides for a simple process with a single point of
contact for our property owners to make claims and be paid for damages.
The cost of the insurance will be 12.5% of our general liability coverage. The exact premium is
still being determined through the underwriting process, but will be approximately $20,000 for
the period of April 1, 2007 through March 28, 2008. In the past the City Council indicated its
desire for coverage to start after a property owner paid for the first $5,000 of loss. This is not a
standard part of the LMCIT coverage. We are awaiting an answer from the LMCIT if this is able
to be changed.
This standard policy provides more benefits than our initial discussions proposed. The additions
are:
§ Coverage starts at the first dollar of loss rather than $5,000.
§ This policy applies to non-residential properties.
§ This policy will cover multiple occurrences at a property.
PROPOSED POLICY:
Attached is a resolution authorizing staff to obtain the insurance policy as a means to carry out
staff’s understanding of the Council’s previous direction. The policy states the following:
1. Damages associated with backups occurring in City sewer lines should be considered for
cost reimbursement by the City. Backups occurring in privately owned sewer lines (i.e.,
Townhome Associations, etc) and property owner service lines will not be considered.
St. Louis Park City Council Meeting
Item: 052107 - 8c - Sanitary Sewer Backup Policy
Page 3
2. Owner out of pocket costs in the following areas will be eligible for reimbursement by
the City:
§ Clean up (includes removal and disposal of all damaged property)
§ Building restoration (to original condition)
§ Damages to furnishings and personal belongings - the industry standard as
determined by the LMCIT
3. City reimbursement will be limited to a maximum of $40,000.
4. This reimbursement program will be administered by LMCIT in conjunction with the
City’s liability insurance.
5. The Council reserves the right to discontinue this policy on an annual basis as part of the
city’s liability insurance renewal.
Staff believes that the City Council desired this new policy to be effective starting in 2007. Due
to our insurance renewal date of April 1, the new no-fault insurance will not cover incidents from
January 1 through March 31. With the LMCIT’s approval, staff is recommending that we cover
incidents during the first three months of 2007 as if the insurance was in effect, so that the
amount of damages to be covered will be up to $40,000 above any private insurance the property
owner may have in force. Any amounts that we pay out will come from the sanitary sewer utility
fund. To date staff is only aware of three sewer backups from our city lines since the beginning
of 2007. The LMCIT has done the initial investigation and will provide the claims adjustment for
all of these incidents.
SUMMARY: As directed by Council, staff has developed and implemented a public education
plan which informs residents/property owners of the potential for sanitary sewer backups. We
have been advising residents to protect themselves by obtaining the best sewer backup coverage
they can as well as to upgrade and properly maintain their plumbing systems to minimize or even
eliminate backups. Residents are still encouraged to obtain private backup coverage to insure
against backups in their private service lines.
Attachment: Resolution
Prepared by: Bruce DeJong, Finance Director
Reviewed by: Michael P. Rardin, P.E., Public Works Director
Scott Anderson, Utility Superintendent
Nancy Gohman, Deputy City Manager
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 8c - Sanitary Sewer Backup Policy
Page 4
RESOLUTION NO. 07-060
RESOLUTION APPROVING SANITARY SEWER BACKUP POLICY AND
AUTHORIZING STAFF TO PURCHASE INSURANCE FROM THE LEAGUE OF
MINNESOTA CITIES INSURANCE TRUST
WHEREAS, The City Ordinance Chapter 32, Article III requires structures from which
sewage is discharged to be connected to the City’s public sanitary sewer system; and
WHEREAS, it is not possible to eliminate sewage backups in the City’s public sanitary
sewer system; and,
WHEREAS, The City Council determines it to be in the public interest to partially
mitigate the impact to property owners who may at times be harmed by backups from the City’s
public sanitary sewer system not caused by any negligence by the City,
NOW THEREFORE BE IT RESOLVED, that the City of St. Louis Park authorizes
city staff to purchase insurance coverage from the League of Minnesota Cities Insurance Trust
(LMCIT) for no-fault sanitary sewer backup coverage:
1. Damages associated with backups occurring in City sewer lines will be covered up to
$40,000. Backups occurring in private sewer lines will not be considered.
2. Owner out of pocket costs in the following areas will be eligible for reimbursement:
a Clean up (includes removal and disposal of all damaged property)
b Building restoration (to original condition)
c Damages to furnishings and personal belongings.
3. City reimbursement will be limited to a maximum amount of $40,000 on top of any
private insurance (which will be the primary coverage.)
BE IT FURTHER RESOLVED, that this policy becomes effective retroactive to January 1,
2007 immediately upon passage of this resolution.
Reviewed for Administration: Adopted by the City Council May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
Page 1
8d. Request for Conditional Use Permit by the City of St. Louis Park to permit the
placement of approximately 3,000 cubic yards of fill material to construct four
additional tennis courts at Aquila Park
Case No. 07-15-CUP
Location: Aquila Park
Recommended
Action:
Motion to adopt resolution approving a Conditional Use Permit to
allow the placement of approximately 3,000 cubic yards of soil in
Aquila Park subject to conditions included in the resolution.
Current Zoning: Park and Open Space
Comprehensive Plan Designations: Park
REQUEST:
As a part of the redevelopment of the Bass Lake site, the city plans to construct four replacement
tennis courts at Aquila Park. A Conditional Use Permit (CUP) is required for over 400 cubic
yards of fill, and approximately 3,000 cubic yards of fill is expected to be imported for the tennis
courts. The courts would be added to the existing four courts as shown on the attached plans.
Tennis courts are a permitted use in the Park and Open Space zoning district and consistent with
the Comprehensive Plan.
BACKGROUND INFORMATION:
As proposed, the city would add four tennis courts to the existing four courts at Aquila Park.
This would make a tennis area with eight courts for use by Benilde-St. Margaret’s and the city.
The site for the replacement courts was identified by staff in working with Benilde-St. Margaret
(BSM), a primary user of the tennis courts. Construction is expected to occur this summer
between the high school tennis seasons. BSM has agreed to pay for 40% of the project cost plus
pay for half of the ongoing maintenance. A contract memorializing this arrangement will be
brought to the Council at a later date.
Approximately 3,000 cubic yards of new material will be brought in to construct the new tennis
courts. Material that is excavated from the site will be reused on the site. It is expected
construction would begin in June and take approximately two (2) months with substantial
completion in August for BSM’s fall season. Any trees removed will be replaced in accordance
with city ordinances.
The hauling route will be Highway 7 to Texas Avenue; north on Texas Avenue to 32nd Street,
West on 32nd Street to the courts on 32nd Street and Xylon Avenue. Hauling is anticipated to
take two to three weeks in June and July. Per Ordinance, hauling can occur between the hours of
7:00 a.m. and 10:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 10:00 p.m. on
the weekend and holidays.
Contractors are required to comply with state requirements and local ordinance requirements.
The Parks staff will ensure that the contract includes requirements for controlling dust and noise
as necessary.
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
Page 2
PROCESS:
The Parks and Recreation Staff held a neighborhood meeting on Thursday, April 26, 2007 to
explain the project. Twelve (12) people were present and the major concern was safety
considerations during the 4th of July celebration. Staff took note to ensure appropriate safety
precautions so the areas under construction will be fenced and secure during community
activities.
A public hearing was held for the CUP at the Planning Commission meeting of March 2, 2007.
All property owners within 350 feet of the park were notified by mail; no one was present at the
meeting to testify.
RECOMMENDATION:
The Planning Commission and Staff recommend approval of the Conditional Use Permit to
allow the placement of approximately 3,000 cubic yards of fill to construct the tennis courts at
Aquila Park, with the conditions required in the attached resolution
Attachments: Resolution of Approval
Aerial Photo
Location Plan for Tennis Courts
Grading Plan
Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
Page 3
RESOLUTION NO. 07-_____
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT FILL OF OVER 400 CUBIC
YARDS OF MATERIAL FOR NEW TENNIS COURTS LOCATED AT
AQUILA PARK 8400 33RD STREET WEST
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. The City of St. Louis Park has made application to the City Council for a Conditional
Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose
of excavation of over 400 cubic yards of material within located at 8400 33rd Street
West.
2. The City Council has considered the advice and recommendation of approval by the
Planning Commission (Case No. 07-15-CUP) and the effect of the proposed fill of over
400 cubic yards of material on the health, safety and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, the effect on values of
properties in the surrounding area, the effect of the use on the Comprehensive Plan, and
compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the fill of over 400 cubic yards of material will not be
detrimental to the health, safety, or general welfare of the community nor will it cause
serious traffic congestion nor hazards, nor will it seriously depreciate surrounding
property values, and the proposed excavation is in harmony with the general purpose
and intent of the Zoning Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 07-15-CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to permit the fill of over 400 cubic yards of material at the location
described is granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein.
2. Prior to starting any site work, the following conditions shall be met:
a. A pre-excavation conference shall be held with the appropriate development,
construction and city representatives.
b. All necessary erosion control measures shall be installed.
c. All necessary permits must be obtained.
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
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3. The applicant shall comply with the following conditions during excavation:
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and
10:00 p.m. and 9:00 a.m. on weekends.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of excavation on surrounding properties.
4. The applicant shall follow the following haul route:
a. Highway 7 to Texas Avenue; north on Texas Avenue to 32nd Street, West on 32nd
Street to the courts on 32nd Street and Xylon Avenue.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
Approval of a Building Permit, which may impose additional requirements.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council May 21, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
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Aquila Park – Aerial Photo
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
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Aquila Park – Location Plan for Tennis Courts
St. Louis Park City Council Meeting
Item: 052107 - 8d - Aquila Tennis Courts Conditional Use Permit
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