HomeMy WebLinkAbout2007/06/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
COUNCIL CHAMBERS
June 18, 2007
7:30 p.m.
Study Session Immediately Following Regular Meeting--Westwood Room.
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Service Recognition Al Luedtke 27 Years
2b. Proclamation Japs Olson 100th Anniversary
2c. Life Saving Commendation Police Department
3. Approval of Minutes
3a. Study Session Minutes of May 29, 2007
3b. City Council Minutes of June 4, 2007
3c. Study Session Minutes of June 11, 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.
6a. First Reading Request for Vacation of a Portion of the 26th Street Right-Of-Way
(2548, 2552 Monterey Avenue South).
Case No.: 07-22-VAC
Recommended
Action:
Close the public hearing.
Motion to Approve First Reading of Ordinance Vacating a
Portion of the 26th Street West Right-of-Way.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. First Reading of Ordinance Amending City Code Rental Housing Section 8-327
Required Application Information and Adding Sections 8-328 Crime Free/Drug
Free Training, 8-331 Crime Free/Drug Free and Disorderly Use Lease
Requirements and 8-332 Administrative License Violation Fee.
Proposed ordinance establishing requirements for a Crime and Drug Free Rental
Program.
Recommended
Action:
Motion to approve first reading of an amendment to City Code
Section 8, Article II, establishing a crime and drug free rental
housing program and requirements as part of rental unit
business licensing and set 2nd reading for not later than July 16,
2007.
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 JUNE 18, 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. Second Reading of Ordinance Amending City Code Section 8-257, Establishing a Class S
License for Seasonal Concession Food Stands.
4b. Motion to Approve Temporary On-Sale Intoxicating Liquor License for Frank Lundberg
American Legion Post 282, 5605 W. 36th Street.
4c. Motion to Reject All Bids Received for the Purchase of an Asphalt Paver and Authorize Re-bid
with Revised Specifications.
4d. Motion to Approve Agreement with Benilde-St. Margaret for Tennis Courts at Aquila Park.
4e. Motion to Authorize Execution of Joint Powers Agreement Between the City of Edina and the
City of St. Louis Park to Establish the Responsibilities of the Cities Concerning the Sale of
Water by St. Louis Park to Customers in Edina.
4f. Motion to Approve Resolution Accepting Work on Edgebrook Park Trail Improvement Project
2004-0301.
4g. Bid Tabulation: Motion to Designate Insituform Technologies USA, Inc. the Lowest
Responsible Bidder and Authorize Execution of Contract with the Firm in the Amount of
$157,788.00 for Project Nos. 2006-2200 and 2007-2200.
4h. Motion to Accept for Filing Planning Commission Minutes 051607.
4i. Motion to Accept for Filing Police Advisory Commission Minutes 050207.
4j. Motion to Approve Resolution Recognizing the Contributions of and Expressing Appreciation
to Al Luedtke.
St. Louis Park City Council Meeting
Item: 061807 - 2a - Al Luedtke Resolution 27 Years of Service
Page 1
RESOLUTION NO. 07-071
RESOLUTION OF THE CITY COUNCIL
OF ST. LOUIS PARK, MINNESOTA,
RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING
APPRECIATION TO AL LUEDTKE
WHEREAS, Al Luedtke began his employment with the City of St. Louis Park over 27
years ago on November 19, 1979; and
WHEREAS, Al has earned the respect of peers and citizens; and
WHEREAS, Al has worked diligently in the Parks and Recreation Department, moving from
Organized Rec to Park Maintenance, to the Sign shop and then back to finish his career in Park
Maintenance; and
WHEREAS, Al takes pride in his work, has received numerous compliments for his set up
of programmed events for Parks and Rec, and enjoys all aspects of his job including ball fields,
forestry, snow removal, and winter rinks; and
WHEREAS, Al has an incredible knack of getting stuck in the parks when he mows; and
WHEREAS, Al will spend his retirement enjoying his winter time share in Florida and his
summer cabin in Minnesota;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Louis
Park, Minnesota, by this resolution and public record, would like to thank Al Luedtke for his
great contributions and 27 years of dedicated service to the City of St. Louis Park and wish him
the best in his retirement.
Reviewed for Administration: Adopted by the City Council June 18, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 061807 - 2b - Proclamation Japs Olson 100th Anniversary
Page 1
Presentation June 18, 2007
Mayor to read and present Proclamation to Michael Beddor, Chief Executive Officer
PROCLAMATION
JAPS OLSON COMPANY
100th Anniversary
WHEREAS, Japs-Olson Company was founded in 1907 by Barney Japs and G.F. Olson
and is celebrating 100 years of service to its customers,
WHEREAS, Japs-Olson Company provides high quality sheetfed and web printing, as
well as personalization and mailing services, and operates seven days a week, 24 hours a day,
WHEREAS, Japs-Olson Company supports the marketing efforts for customers in
banking and financial services, retail and manufacturing giants, nonprofit groups, as well as
credit card and insurance companies,
WHEREAS, Japs-Olson Company is one of the country’s largest commercial printing
and direct mail production companies, employing over 700 people in St. Louis Park.
NOW THEREFORE LET IT BE KNOWN, that the Mayor and City Council of the
City of St. Louis Park do hereby congratulate Japs-Olson Company upon the momentous
occasion of its 100th anniversary and invite the citizens of St. Louis Park to join them in
celebrating this milestone with them.
WHEREFORE, I set my hand and cause the Great Seal of
the City of St. Louis Park to be affixed this 18th day of
June, 2007.
_______________________________
Jeff Jacobs, Mayor
St. Louis Park City Council Meeting
Item: 061807 - 2c - Police Department Life Saving Commendation
Page 1
2c. Life Saving Commendations Police Department
BACKGROUND:
On March 23, 2007, two juvenile males fell through the ice on Victoria Lake. Both juveniles
ages 4 and 6 were unable to rescue themselves. Two witnesses who were walking past the lake
noticed the boys struggling in the water. The witnesses identified as Kenneth Michael Callahan-
Boudereaux and Anthony Tony Nelson rendered aid to the boys. Mr. Callahan-Boudereaux
walked on the ice about 10 feet from shore at which time he fell through the ice cold water. Mr.
Callahan-Boudereaux was able to retrieve juvenile #1 who was submerged under water/ice and
handed him to Mr. Nelson. Mr. Callahan-Boudereaux then retrieved juvenile #2 from the water
and handed him to Mr. Nelson who then brought the two boys to shore and called 911.
Upon arrival, Sergeant Forster found both boys to be completely soaked and shivering with what
appeared to be the beginning stages of hypothermia. The boys were wrapped in blankets and
placed in Sergeant Forster’s squad car until the arrival of HCMC medical personnel for medical
attention. Both Mr. Callahan-Boudreaux and Mr. Nelson were completely water soaked but
refused medical attention.
Another witness identified as Dick Burbacher stated “If it wasn’t for the two adult rescuers those
boys would be dead.”
It was Sergeant Forster’s belief that both Mr. Callahan-Boudereaux and Mr. Nelson risked their
own lives to rescue these two juvenile males who would have been seriously injured or drowned
due to the ice and temperature of the water and recommended citizen commendation for both Mr.
Callahan-Boudereaux and Mr. Nelson.
RECOMMENDATION:
The St. Louis Park Police Department recommends that both Kenneth Callahan-Boudereaux and
Anthony Nelson receive a Citizen Commendation.
Prepared by: John Luse, Police Chief
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 061807 - 3a - Study Session Minutes 052907
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
MAY 29, 2007
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran
Paprocki and C. Paul Carver.
Councilmembers absent: Susan Sanger
Staff present: City Manager (Mr. Harmening), Director of Inspections (Mr. Hoffman), Police
Chief (Chief Luse), Police Lieutenant (Lt. Dreier), Community Coordinator (Mr. Zwilling), Web
Coordinator (Mr. Huber), Director of Public Works (Mr. Rardin) and Recording Secretary (Ms.
Schmidt).
1. Future Study Session Agenda Planning
Mr. Harmening and Council discussed study session agenda planning.
2. Proposed Crime Free Rental Housing Program
Mr. Hoffman presented the staff report.
Councilmember Finkelstein asked if the length of time for three occurrences could be shorter
than 12 months. Chief Luse stated the discussion at the meetings came down to three strikes and
you’re out, stating many landlords may not let it go to a three strikes and you’re out type of
behavior.
Councilmember Finkelstein asked if it could be made more regionally based. Mr. Hoffman
stated Hopkins is considering a program.
Chief Luse stated they would take action on the first occurrence, with the third occurrence
resulting in implementation of the tenancy termination condition.
Councilmember Finkelstein stated he appreciated the background data that supported the need
for this program.
Councilmember Paprocki asked if criminal activity could mean a citation, not necessarily a
conviction. Chief Luse stated correct, it may just be documented, a citation, disorderly event,
and any and all in combination will be in play. Mr. Hoffman stated the state law doesn’t require
a conviction.
Councilmember Paprocki asked why rented row units and townhouse associations were
excluded. Mr. Hoffman stated the decision was made three years ago not to include those.
Councilmember Paprocki stated it might be construed as discriminatory. Mayor Jacobs
suggested revisiting if it became necessary.
St. Louis Park City Council Meeting
Item: 061807 - 3a - Study Session Minutes 052907
Page 2
Councilmember Basill asked if there was any provision to protect against a tenant moving from
one unit to another unit within the building. Mr. Hoffman stated the proposed ordinance states
eviction or removal from the unit. Councilmember Finkelstein suggested using same tenancy or
tenant in the wording. Councilmember Basill stated he would like something added so people
wouldn’t move from one unit to another unit. Mr. Hoffman stated they could put it in.
Councilmember Carver asked if restrictions would apply if they moved from one unit across
town to another unit. Mayor Jacobs stated hopefully with screening they would not be allowed
to move from one unit to another. Councilmember Finkelstein stated they shouldn’t allow
people to game it.
Councilmember Carver asked if the police department would be determining if a crime occurred,
even if there was no charge or citation issued. Lt. Dreier stated they would be actually tracking
the activity to see if it’s the same people. Chief Luse stated the behavior would be broader than
just crime.
Councilmember Carver asked if the language is something uniform that has been approved.
Chief Luse stated correct. Lt. Dreier stated that’s the language received in the training. Chief
Luse stated most landlords and owners wanted to do better at sharing and get to a better uniform
business model.
Councilmember Paprocki stated he liked the fact that it applied to all persons in the unit, not just
a tenant, allowing the landlord the leverage to make some decisions.
Councilmember Carver asked where the people would go to live once evicted. Councilmember
Finkelstein stated that was his concern and that was why he requested the background data to
support it.
There was Council consensus to direct staff to move to first reading for an ordinance establishing
the proposed Crime Free Rental Housing Program.
3. Police incident and Other City Info Mapping
Mr. Zwilling presented the staff report. Mr. Zwilling stated the Minnesota Association of
Government Communicators (MAGC) honored Mr. Huber for the City’s website redesign and
content management development.
Lt. Dreier stated they are not posting everything, but posting everything they thought people
would want to see. Councilmember Finkelstein asked if other cities have complained that this is
a form of self-publication. Lt. Dreier stated no. Chief Luse stated it’s public information. Lt.
Dreier stated it’s not attached to any particular parcel.
Mayor Jacobs asked what staff was requesting from Council. Mr. Zwilling stated staff is asking
if Council is comfortable to proceed forward.
St. Louis Park City Council Meeting
Item: 061807 - 3a - Study Session Minutes 052907
Page 3
Councilmember Basill asked if it should be something that’s on the website or more of an
internal tool. Lt. Dreier stated this is made for external use; staff will be developing another one
for internal use.
Mayor Jacobs asked if it would be something that would have to be disclosed as a real estate
agent. Councilmember Basill stated he wasn’t sure, stating if someone saw an address already
marked, neighbors may be more inclined to call and keep calling on that address.
Councilmember Carver asked what would be the better situation, to know it or be ignorant,
stating it’s openly available.
Councilmember Carver asked if there were multiple indicating balloons marking one parcel. Lt.
Dreier stated it’s on centerline, not a particular parcel.
Councilmember Paprocki suggested neighborhood associations have full access, suggesting more
screens for deeper inquiries.
Councilmember Finkelstein suggested identifying by neighborhood rather than street.
Councilmember Paprocki stated it’s important to know the location.
Councilmember Basill stated concerns with not having neighboring cities participate. Lt. Dreier
stated the uniform Logis product just showed crime, there was no context, stating that
surrounding cities use dots on a map. She stated Mr. Huber developed this program specifically
for St. Louis Park. Councilmember Basill asked about converting neighboring communities. Lt.
Dreier stated it could be a copyright type issue.
Chief Luse stated a link for numbers could be created versus dots, stating the baseline is St.
Louis Park incidents. Councilmember Carver stated showing where the resources go is better.
Chief Luse stated it’s being used as an internal tool.
Councilmember Finkelstein stated he’d like it in context with surrounding Cities. Chief Luse
stated part I and part II are reported the same way, but livability wise it could be misleading.
Mayor Jacobs asked what the next step should be. Lt. Dreier stated meeting with block captains
and neighborhood associations.
Councilmember Basill stated it’s a great resource, suggesting taking a year for an internal study
and sharing it with block captains and neighboring communities, with quarterly reports.
Councilmember Paprocki asked about sharing with neighborhood communities, stating they may
not be doing same type of reporting, thus it wouldn’t be a level playing field. Mayor Jacobs
suggested talking to the neighboring communities, block captains and the business council.
Chief Luse stated they want people to call about nuisance calls, even though it may drive
statistics up. Mayor Jacobs stated he wants things reported, stating when people stop reporting
incidents, they stop caring.
Councilmember Paprocki stated concern with the statistics on the annual report, stating the
proportion wasn’t there. Mayor Jacobs suggested doing it as a percentage per population.
St. Louis Park City Council Meeting
Item: 061807 - 3a - Study Session Minutes 052907
Page 4
Mr. Harmening reiterated Council would like to have more conversation with the community and
whether they would find it useful, and concern with unintended consequences. He stated it could
be brought back after those items have been looked into.
Councilmember Finkelstein asked to see part I and part II crimes versus other suburbs.
Councilmember Carver stated concern in the packaging of presentation, stating it could be
misleading.
4. Solid Waste Program
Mr. Rardin presented the staff report.
Councilmember Basill asked if there had been any requests for smaller containers.
Councilmember Paprocki felt there were a lot of them.
Councilmember Basill asked about cardboard bundle sizing, stating it should state an average
box because cutting and tying doesn’t seem feasible. Councilmember Carver thought the haulers
would be more than happy to take it if it were stacked separately.
Councilmember Omodt stated he didn’t think bi-weekly would be the direction to take. He also
disagreed with the Pay-As-You-Throw (PAYT) analysis and would be more in favor of a
graduation rate.
Councilmember Finkelstein asked about shared containers. Mayor Jacobs stated it sounded too
complicated.
Councilmember Finkelstein asked how well the City was doing on recycling. Mr. Rardin stated
the monthly report shows the trending patterns. He stated it’s complex because recycled
amounts are tracked by weight and recycled items along with shapes, sizes, and weights continue
to change. Mr. Rardin stated weight only does not allow for a good comparison as to the
effectiveness of recycling.
Councilmember Finkelstein asked if garbage and recycling should be combined or separate. Mr.
Rardin stated they could split the contract.
Mayor Jacobs stated it might become more costly to recycle in parks and bus shelters. Mr.
Harmening stated they are recycling in parks with some success.
Councilmember Finkelstein stated Council seemed to be in favor of what they have now.
Councilmember Paprocki suggested having organics be a separate contract.
Councilmember Finkelstein suggested banning plastic bags and requested having some sort of
recycling for them. He would like to encourage the use of canvas bags.
St. Louis Park City Council Meeting
Item: 061807 - 3a - Study Session Minutes 052907
Page 5
5. 2008 Budget Process
Mr. Harmening presented the staff report.
Councilmember Omodt requested the report show fluctuation and variability in the budget. Mr.
Harmening stated that could be added.
Councilmember Finkelstein asked if there would be a market value credit coming from the state.
Mr. Harmening stated there would be zero local government aid.
6. Protocol for Council Communications
Mr. Harmening presented the staff report.
Councilmember Omodt asked what the policy should be.
Mayor Jacobs stated he confirms receipt and forwards them to Ms. Honold for the proper
department to process. Councilmember Carver suggested forwarding to the Councilmember in
that ward.
Mr. Harmening stated Council could forward them to him or Ms. Honold.
Updates
Mr. Harmening stated Children First received a grant from the Bremer Foundation for $110,000
for Asset Champions initiative. He stated Congressman Keith Ellison would be speaking at June
4th regular Council Meeting. He also reminded Council that he would be attending a Municipal
Innovations Conference next week.
Councilmember Basill stated Excelsior Boulevard West has become extremely cumbersome and
that Public Works is working with the County. Mr. Harmening suggested forwarding any
concerns to County Commissioner Gail Dorfman.
The meeting adjourned at 8:13 p.m.
Written Reports provided and documented for recording purposes only:
7. Community Event Guidelines
8. Financial Reports (April 2007)
9. License Renewal Process for Delinquent Taxes and Accounts
10. Park WiFi Update
11. Anti-Graffiti Program
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
St. Louis Park City Council Meeting
Item: 061807 - 3b - Council Meeting Minutes 060407
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
JUNE 4, 2007
1. Call to Order
Mayor Jacobs called the meeting to order at 7:32 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), Finance Director (Mr.
DeJong), Development Director (Mr. Locke), Housing Programs Coordinator (Ms. Larsen),
Communications Director (Mr. Zwilling), Inspections Director (Mr. Hoffman) and Recording
Secretary (Ms. Schmidt).
2. Presentations
2a. Congressman Keith Ellison Presentation
Congressman Ellison updated Council on what was happening in the legislature and
extended the use of his Congressional office whenever in D.C.
Mr. Harmening stated staff would like to continue conversation about transportation
funding for improvements in the community, stating the Transportation Authorization
Bill would have be a great impact.
2b. Nordic Ware Historic Bundt Pan Proclamation
Mayor Jacobs read the proclamation for Nordic Ware for its bundt pan inductment in the
American History Museum of the Smithsonian Institute in Washington D.C. He stated
that in its 55 years in service, it has been one of St. Louis Park’s oldest and most
successful businesses.
3. Approval of Minutes
3a. Study Session Minutes of May 14, 2007
It was noted on page two, the ninth paragraph, it should state: “Councilmember Paprocki
stated he was opposed to the use of funds from land sales to develop commercial
property.”
St. Louis Park City Council Meeting
Item: 061807 - 3b - Council Meeting Minutes 060407
Page 2
It was noted on page five, the fifth paragraph, second sentence, that Councilmember
Basill did not state or suggest that waste containers be provided at bus shelters and that
the tape be reviewed.
It was noted on page five, the sixth paragraph, first sentence, it should state:
“Councilmember Sanger suggested a smaller container.”
It was noted on page five, the ninth paragraph, second sentence, it should state:
“Councilmember Sanger stated that higher trash fees for larger volume users would be an
incentive to recycle more.”
It was noted on page five, the ninth paragraph, last sentence, it should state:
“Councilmember Sanger suggested that PAYT fees are used.”
It was noted on page five, the last paragraph, it should state: “… biodegradable doggy
waste bags in the parks.”
The minutes were approved as amended.
3b. City Council Minutes of May 21, 2007
It was noted on page four, the fourth paragraph, second sentence, it should state:
“…living around the lake rather than those potentially having to cross the tracks.”
It was noted on page four, the last paragraph, it should state: “…reminded Council that
he typically opposes subdivisions, but the previous owner had visions of putting in ten
plus townhomes, stating it would be a way to ensure it wouldn’t be further subdivided.”
The minutes were approved as amended.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
4a. Motion to approve revised Board of Zoning Appeals Bylaws.
4b. Motion to approve Resolution No. 07-066 recognizing Nordic Ware Bundt Pan.
4c. Motion to approve a Temporary On-Sale Intoxicating Liquor License for St.
Louis Park Friends of the Arts, 6715 Minnetonka Blvd.
4d. Motion to approve premises amendment to On-sale and Sunday intoxicating
liquor license for TGI Friday’s of MN, Inc., d.b.a. TGI Friday’s, 5875 Wayzata
Blvd.
4e. Motion to approve Resolution No. 07-065 for Park Tavern Lounge & Lanes to
provide alcohol for the Parktacular Street Dance to be held on June 15, 2007.
4f. Motion to approve a 90-day extension for the Conditional Use Permit and
Variances for the Cedar Pointe Redevelopment at 5330 Cedar Lake Road.
St. Louis Park City Council Meeting
Item: 061807 - 3b - Council Meeting Minutes 060407
Page 3
4g. Motion to approve Amendment No. 2 to City Agreement No. 4069, between the
City and T-Mobile Central LLC (T-Mobile) for Space on the Water Tower at
5100 Park Glen Road for Communications Antenna.
4h. Motion to approve Resolution No. 07-067 establishing a special assessment for
the repair of the sewer service line at 2943 Zarthan Avenue South, St. Louis Park,
MN.
4i. Motion to accept for filing Vendor Claims.
Mr. Harmening asked Council if Item 8a should be removed from the agenda due to
difference in property valuation between the City and County. He stated the options
would be remove it from the agenda, leave it on and continue discussion or act on it now.
Council had discussion on the forfeited parcel.
It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to
approve Agenda and items listed on the Consent Calendar, with Item 8a remaining on the
Agenda.
The motion passed 4-2 (Councilmember Finkelstein and Councilmember Sanger
Opposed).
5. Boards and Commissions - None
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Motion to approve Resolution to Reconvey and Purchase a Portion of a Tax
Forfeit Parcel at 2600 Natchez relating to the Vacant Land Sale Process.
Resolution No. 07-068
Ms. Larsen presented the staff report.
Council had further discussion on the forfeited parcel.
It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt
Resolution No. 07-068 directing reconveyance and purchase from the State of Minnesota
of certain tax-forfeit land at 2600 Natchez Avenue South.
Councilmember Sanger stated her opposition was primarily for environmental reasons,
since it’s adjacent to a protected wetland, there are concerns with the use of pesticides.
Councilmember Finkelstein agreed with Councilmember Sanger’s opposition, stating it’s
a nature setting and it would be hard to replace.
The motion passed 4-2 (Councilmember Finkelstein and Councilmember Sanger
Opposed).
St. Louis Park City Council Meeting
Item: 061807 - 3b - Council Meeting Minutes 060407
Page 4
8b. First Reading of Ordinance amending City Code Section 8-257, Classification
of Food and Beverage Establishments and Food vending Machines.
Mr. Hoffman presented the staff report.
Councilmember Finkelstein asked if the word “seasonal” needed to be more defined. Mr.
Hoffman stated it’s dependent on the length of operation within one-year period.
Councilmember Basill asked if a seasonal license expires. Mr. Hoffman stated it will
have begin and end dates, allowing a maximum 12 month issuance. Councilmember
Sanger asked if they would have to renew each season. Mr. Hoffman it would be each
year.
Councilmember Omodt asked if it would be a fee schedule item with annual and bi-
annual reviews. Mr. Hoffman stated staff would reevaluate it on a yearly basis.
It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to
approve First Reading of Ordinance amending City Code Section 8-257, Classification of
Food and Beverage Establishments and Food Vending Machines, and to set second
reading for June 18, 2007.
The motion passed 6-0.
8c. Refinancing of 2003B Private Activity Revenue Bond – Park Nicollet Health
Services. Resolution No. 07-069
Mr. DeJong presented the staff report.
Mr. Cook, Chief Financial Officer, Park Nicollet Health Services, presented bond
information regarding the bond insurance.
Councilmember Sanger asked if it would be cost neutral for the City. Mr. DeJong stated
correct.
Councilmember Finkelstein asked if the City would be adding more liability or cost the
taxpayers anything. Mr. DeJong stated Park Nicollet would be the obligated party.
Mayor Jacobs reminded Council this was a revenue bond and not a full obligation bond.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 07-069, relating to the issuance of revenue refunding bonds for the
benefit of Park Nicollet Health Services as drafted by Kennedy & Graven.
The motion passed 6-0.
9. Communications
Mayor Jacobs thanked Sunrise Rotary club, staff and volunteers for their help with the Pedal for
People Event. He also stated the St. Louis Park Fire Department would be having its open house
Tuesday June 12th from 6 to 9 p.m. at Fire Station #1.
St. Louis Park City Council Meeting
Item: 061807 - 3b - Council Meeting Minutes 060407
Page 5
Councilmember Finkelstein reminded everyone of the annual Parktacular events June 14th – 17th.
Councilmember Paprocki reminded everyone that June 12th from 8 a.m. to 1 p.m. would be the
annual City Clean Up Day at Louisiana Oaks Park.
10. Adjournment
The meeting adjourned at 8:31 p.m.
______________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
St. Louis Park City Council Meeting
Item: 061807 - 3c - Study Session Minutes 061107
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
JUNE 11, 2007
The meeting convened at 7:43 p.m.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger, Loran Paprocki and C. Paul Carver.
Councilmembers absent: None
Staff present: City Manager (Mr. Harmening), Director of Parks & Recreation (Ms. Walsh) and
Recording Secretary (Ms. Schmidt).
Guest: George Foulkes, Parks & Recreation Commission Vice Chair
1. Future Study Session Agenda Planning
Mr. Harmening and Council discussed study session agenda planning.
2. Park and Recreation Commission Annual Report & Work Plan
Mr. Foulkes presented the staff report.
Councilmember Omodt asked if there were any youth staff members. Mr. Foulkes stated there
were a couple.
Council had discussion on the current and future park and recreation opportunities.
Councilmember Sanger suggested adding some gathering places. Mayor Jacobs suggested more
bike trails.
3. Off Leash Dog Park
Ms. Walsh presented the staff report.
Council and staff had discussion on the off leash dog park possibilities.
Councilmember Omodt suggested creating a list of surrounding suburb dog parks.
It was the consensus of Council to have staff pursue a second off leash dog park.
The meeting adjourned at 9:16 p.m.
Written Reports provided and documented for recording purposes only:
St. Louis Park City Council Meeting
Item: 061807 - 3c - Study Session Minutes 061107
Page 2
1. Tobacco Penalties
2. DUKE Community Planning Process
____________________________________ ______________________________________
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
St. Louis Park City Council Meeting
Item: 061807 - 4a - 2nd Reading Amending City Code 8-257
Page 1
4a. Second Reading of Ordinance Amending City Code Section 8-257, Establishing a
Class S License for Seasonal Concession Food Stands.
DESCRIPTION OF REQUEST:
Amending City Code Section 8-257, establishing a Class S license for seasonal concession food
stands and setting the license fee at $175.
ANALYSIS:
Establishing a Class S, Seasonal Concession license would allow organizations and businesses to
operate food and beverage sales in conjunction with seasonal sporting events or other special
events lasting longer then the ten days permitted under a Temporary Food License. The current
alternative available is issuing either an annual Class L (prepackaged) or Class M (limited
service restaurant) food establishment license at fees of $275 and $525 respectively.
Food inspection would occur before opening and as needed throughout the season. All
Minnesota Food Code requirements would apply. Depending on the equipment used and food
being prepared, the Minnesota Food Code will limit some licensed users to no more than 21 days
per year and allow a full season use for others.
The proposed fee of $175 would cover the license application process and all inspections related
to the specific license. All license and permit fees are reviewed annually.
PROCESS: • The ordinance requires two readings. The first reading was approved by Council on June 4,
2007. • If the second reading of the ordinance is approved by Council, the ordinance will become
effective July 13, 2007.
RECOMMENDATION:
Staff recommends adoption of the second reading of the ordinance amending City Code Section
8-257, establishing a Class S license for seasonal concession stands and setting the fee at $175 as
described in the attached Ordinance, approve summary and authorize publication.
Attachments: Ordinance
Summary Ordinance for Publication
Prepared by: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 061807 - 4a - 2nd Reading Amending City Code 8-257
Page 2
ORDINANCE NO. 2332-07
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 8-257 OF
THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK,
MINNESOTA TO ALLOW THE ISSUANCE OF A SEASONAL
CONCESSION FOOD AND BEVERAGE LICENSE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. New Class S License. Section 8-257 of the Code of Ordinances is amended by
adding the following subsection:
(6) Class S – Seasonal concession with low or medium risk.
Section 2. License Fee. The initial license fee shall be $175.00. The license fee shall
thereafter be established annually by ordinance.
Section 3. Effective Date. This Ordinance shall take effect fifteen days after its
publication.
First Reading June 4, 2007
Second Reading June 18, 2007
Date of Publication June 28, 2007
Date Ordinance takes effect July 13, 2007
Reviewed for Administration: Adopted by the City Council June 18, 2007
City Manager Mayor
Attest:
City Attorney
City Clerk
St. Louis Park City Council Meeting
Item: 061807 - 4a - 2nd Reading Amending City Code 8-257
Page 3
SUMMARY
ORDINANCE NO. 2332-07
AN ORDINANCE AMENDING CITY CODE SECTION 8-257
TO ALLOW THE ISSUANCE OF A SEASONAL
CONCESSION FOOD AND BEVERAGE LICENSE
This ordinance allows the issuance of a seasonal concession food and beverage license with an
annual license fee of $175.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council June 18, 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: June 28, 2007
St. Louis Park City Council Meeting
Item: 061807 - 4b - Temporary Liquor License American Legion
Page 1
4b. Motion to Approve Temporary On-Sale Intoxicating Liquor License for Frank
Lundberg American Legion Post 282, 5605 W. 36th Street.
BACKGROUND:
The Frank Lundberg American Legion Post 282 has applied for a temporary liquor license for a
Second Year Anniversary Event. The event will be held on Sunday, July 1st, 2007 from 1:00 pm
to 5:00 pm in the American Legion’s parking lot located at 5605 W. 36th Street. The parking lot
will be fenced off and tents will be set up on approx. 1/3 of the parking lot. The parking lot
south of the Legion will accommodate any additional parking. The Legion will be serving a rib
dinner inside the facility and will have a band playing.
Staff has administratively approved all required permits for the event, with the exception of the
Temporary Liquor License which is required to be approved by Council.
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: 061807 - 4c - Bid Tabulation - Asphalt Paver
Page 1
4c. Motion to Reject All Bids Received for the Purchase of an Asphalt Paver and
Authorize Re-bid with Revised Specifications.
BACKGROUND:
Proposals were received on May 9, 2007 for the purchase of One (1) new 2007 Asphalt Paver as
provided in the 2007 Capital Equipment Replacement Fund.
BIDS:
An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 26 and May 3,
2007. Five (5) bid packages were issued to vendors throughout Minnesota and North Dakota.
A summary of the bid results is as follows:
VENDOR BID AMOUNT
Swanston Equipment Corporation (Mauldin) $73,137.00
Ruffridge Johnson Equipment, Inc. (Bomag) $77,113.00
Road Machinery & Supplies Company (LeeBoy) $82,669.00
DISCUSSION:
For each proposed paver, staff performed onsite evaluations to determine compliance to bid
specifications. Staff traveled to the nearest paver locations: Chicago, Illinois (Mauldin), St Paul,
Minnesota (Bomag) and Milwaukee, Wisconsin (LeeBoy) to inspect and gather information. Bid
specification 10.1.5 requires an automatic grade control system. Two pavers (Bomag and
LeeBoy) supplied automatic grade control, whereas Swanston Equipment (Mauldin) noted an
exception. Staff reviewed current City paving processes to determine the need for automatic
grade control. Staff consensus was to remove the grade control feature from the paver
specifications. This specification revision will provide comparable bids and reduce the purchase
price approximately $6,000 - $10,000.
RECOMMENDATION:
After reviewing costs, staff recommends Council reject all bids and authorize staff to revise the
paver specifications and re-advertise for bids.
Prepared by: Dennis Millerbernd, Equipment Superintendent
Reviewed by: Cindy Walsh, Director of Parks & Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 1
4d. Motion to Approve Agreement with Benilde-St. Margaret for Tennis Courts at
Aquila Park.
BACKGROUND:
The six existing tennis courts at the Bass Lake Preserve site were constructed in partnership with
Benilde-St. Margaret. As a part of the redevelopment of the Bass Lake Preserve site, the existing
six tennis courts will be removed. The city plans to construct four additional tennis courts at
Aquila Park. This would make a tennis area with eight courts for use by Benilde-St. Margaret’s
and the city. As a side note, two new/replacement tennis courts are proposed to be constructed
as part of the redevelopment of the Bass Lake site.
The site for the replacement courts was identified by staff in consultation 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. Construction is expected to begin in June and
take approximately two (2) months with substantial completion in August for BSM’s fall season.
PROCESS:
Staff held a neighborhood meeting on Thursday, April 26, 2007 to explain the project. Twelve
(12) people were present and the major concern expressed was safety considerations during the
July 4th celebration. Staff will ensure the areas under construction will be fenced and secure
during community activities.
A public hearing was held by the Planning Commission for a Conditional Use Permit (CUP)
relating to the placement of fill on March 7, 2007. All property owners within 350 feet of the
park were notified by mail; no one was present at the meeting to testify. The City Council
approved the CUP on May 21.
AGREEMENT WITH BSM:
The attached agreement has been approved by the BSM board. Staff has mirrored this agreement
after the agreement that currently exists with BSM at the Bass Lake Preserve site (e.g. BSM
agrees to pay for 40% of the construction costs). The difference in this agreement from the
previous one is that the city is asking BSM to fund 50% of all future maintenance expenditures.
Staff believes that having BSM continue as a financial partner will ensure that the courts remain
in good condition. A final agreement will be endorsed once construction is complete and final
costs are known. City staff looks forward to continuing a great working relationship with BSM.
The City’s share of funding for the courts at Aquila Park (and Bass Lake) is incorporated into the
overall project cost for the redevelopment of the Bass Lake site.
RECOMMENDATION:
Staff recommends approval of the agreement with BSM. A final agreement will be endorsed by
all parties once construction is complete and costs are finalized.
Attachment: Agreement with Benilde-St. Margaret
Prepared by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 2
GROUND LEASE, DEVELOPMENT AND JOINT USE AGREEMENT
THIS AGREEMENT dated this day of _______________, 20__ by and between the CITY
OF ST. LOUIS PARK, a -Minnesota municipal corporation, as Lessor (hereinafter “City”), and
BENILDE-ST. MARGARET’s SCHOOL, a Minnesota non-profit corporation, as Lessee
(hereinafter “B-SM”).
RECITALS
WHEREAS, the City owns property located at 3110 Xylon Ave South (Aquila Park), which is
currently used for general park purposes and has four (4) existing tennis courts;
and
WHEREAS, the City and B-SM desire to enter into a joint program of public recreation
involving: the construction and operation of four (4) additional tennis courts; and
the operation of the four (4) new courts and the four (4) existing courts; and
allowing B-SM to use these four new courts along with the four (4) existing
courts for their school’s tennis programs; and
WHEREAS, the City will lease to B-SM the property upon which the four (4) existing and four
(4) new courts will be developed and operated by B-SM pursuant to this
Agreement; and
WHEREAS, this Agreement sets forth the rights and obligations of the parties, their successors
and assigns, relating to the lease of the four (4) existing and four (4) new tennis
courts to B-SM by the City and the construction and on-going operation of the
tennis courts.
Now THEREFORE, the parties agree as follows:
1. Term. The lease shall be for a term of ten (10) years as provided herein commencing on
completion of construction and expiring on December 31, 2017.
3. Site Development and Leasehold Improvements. B-SM will design and construct, at
its cost, the four (4) additional tennis courts on the subject property in accordance with
the plans and specifications approved by the City and agreed to by B-SM (the
“Specifications”) which when approved and agreed upon will become Exhibit “A” to this
Agreement. Construction of the four (4) additional tennis courts will commence no later
than fourteen (14) days following City approval of the Specifications and will be
completed no later than ninety (90) days after such approval.
4. City Contribution. The City will contribute 60% of the total project cost of designing
and constructing the four (4) additional tennis courts at Aquila Park. B-SM will pay for
40% of the project cost of designing and constructing the additional tennis courts. The
City of St. Louis Park will reimburse 50% of their portion of the total costs by December
31, 2007. The remaining 50% of their portion of the total costs will be paid in three (3)
equal installments for each of the next three (3) years by December 31st of each year
resulting in full payment of City contribution by December 31, 2009. The City will
assume the obligation to perform and pay for disposal of any excess grading material
resulting from construction of the new four (4) tennis courts. The City also represents that
the site is not environmentally contaminated and does not need any environmental
remediation.
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 3
5. Maintenance and Upkeep. Throughout the term of this Agreement including any
extension pursuant to Paragraph 9 herein, the City and B-SM will share equally (50/50)
in all expenses to maintain the eight (8) tennis courts at Aquila Park. This includes
keeping the tennis courts in good order and condition, reasonable wear and tear expected,
and make all necessary repairs thereto, that are ordinary and foreseeable. The term
“repairs” shall include all necessary replacements, renewals and alterations needed to
maintain the eight (8) tennis courts at Aquila Park to the minimum standards necessary to
meet MSHL standards to host competitions. The City will allow B-SM access to and use
of the concession building on site for storage and concession sales, the parking lot at
Aquila Park, and toilets at Aquila Park. The City will also provide appropriate signage at
the site concerning use of the eight (8) tennis courts at Aquila Park.
6. Joint Use. Joint use of the eight (8) tennis courts at Aquila Park between the parties will
be as set forth in Exhibit “B” hereto.
7. Surrender. B-SM shall on the last day of the then existing lease term hereof or upon any
permissible earlier termination of this Agreement, or upon any entry or re-entry by the
City upon the eight (8) tennis courts at Aquila Park pursuant to this Agreement, surrender
and deliver to the City the Tennis Court Property. All furnishings, fixtures and equipment
installed in, affixed to, placed upon or used in connection with the operation of the
Tennis Courts other than bleachers, B-SM tennis equipment, and B-SM nets will become
the property of the City upon termination of this Agreement or surrender of the to the
City. B -SM will, upon request by the City, promptly execute and deliver to the City a
deed or such other appropriate instrument of conveyance as the City may deem necessary
or desirable to evidence or confirm the vesting of title to the eight (8) tennis courts at
Aquila Park in the name of the City, in recordable form reasonably satisfactory to the
City.
8. Early Termination. If the City requires the use of the Property for another use during the
term of this agreement, the City may terminate the agreement upon giving one hundred
eighty (180) days written notice to B-SM of its intent to terminate. Upon such early
termination, the City will pay to B-SM the balance of the City’s portion of the total
design and construction costs of the entire project and reimburse B-SM for its portion of
design and construction costs based upon the following schedule:
Year of Termination Percentage of Benilde Cost reimbursed
1 Today - 6/30/08 100%
2 7/1/08 - 6/30/09 90%
3 7/1/09 - 6/30/10 80%
4 7/1/10 – 6/30/11 70%
5 7/1/11 – 6/30/12 60%
6 7/1/12 – 6/30/13 50%
7 7/1/13 – 6/30/14 40%
8 7/1/14 – 6/30/15 30%
9 7/1/15 – 6/30/16 20%
10 7/1/16 – 12/31/17 10%
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 4
9. Extension of Joint Use. Upon expiration of this agreement and transfer of ownership of
the improvements to the City pursuant to Paragraph 7 herein, the City will continue the
joint use of the facility with B-SM as set forth in Exhibit B hereto for an additional five
(5) years. During this five-year period, the City reserves the right to cancel the joint use
arrangement at its sole discretion. Maintenance and upkeep during any extension period
shall be in accordance with Paragraph 5 herein.
10. Insurance and Indemnity. B-SM will maintain its standard property damage insurance
with an endorsement extending its coverage to the eight (8) tennis courts at Aquila Park
and insuring the eight (8) tennis courts at Aquila Park to their full replacement cost. Each
party will maintain public liability insurance covering activities associated with their
respective use of the facility.
IN WITNESS WHEREOF, the parties hereto have set their hand the date and year first hereinabove
written.
FOR THE CITY OF ST. LOUIS PARK:
Attest:
Nancy Stroth, City Clerk Jeff Jacobs, Mayor
(seal)
Tom Harmening, City Manager
FOR BENILDE-ST. MARGARET’S
SCHOOL
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before this _______ day
of_________________, 2007, by ____________________, the _________________of Benilde-
St. Margaret’s School, a Minnesota non-profit corporation, on its behalf.
________________________________________
Notary Public
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of
________________, 20__ by Jeff Jacobs and Tom Harmening, the Mayor and City Manager of
the City of St. Louis Park, a Minnesota municipal corporation, on its behalf.
________________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 6
EXHIBIT A
(Plan and Specifications)
St. Louis Park City Council Meeting
Item: 061807 - 4d - Agreement with Benilde-St. Margaret for Aquila Park Tennis Courts
Page 7
EXHIBIT B
USAGE AGREEMENT FOR EIGHT (8) TENNIS COURTS AT AQUILA PARK
BENILDE-ST. MARGARET’S SCHOOL & CITY OF ST. LOUIS PARK
AUGUST 21, 1998
1. Benilde-St. Margaret’s School shall have the first priority selection of all dates and times
for use of the eight (8) tennis courts at Aquila Park during the girls and boys high school
seasons and summer session. Dates reserved for BSM will be communicated to the St.
Louis Park Department of Parks and Recreation by August 1 of each year for the fall
season, by March 1 each year for the spring season, and by June 1 of each year for the
summer season.
2. Following the reservation of all dates and times for use of the eight (8) tennis courts at
Aquila Park by Benilde-St. Margaret’s School, the courts shall be available for use by the
general public through the regular permit procedures of Parks and Recreation Department
of the City of St. Louis Park.
3. During the official Minnesota State High School League tennis seasons for boys and
girls, Benilde-St. Margaret’s School retains the right to preempt the use of the tennis
courts by any other user groups or other St. Louis Park uses as agreed upon by the City
for the purpose of making up weather-related postponements of official competitive
matches or scrimmages.
4. The official records of use and the scheduling and reserving of the eight (8) tennis courts
at Aquila Park will be overseen by the Department of Parks and Recreation of the City of
St. Louis Park.
St. Louis Park City Council Meeting
Item: 061807 - 4e - Joint Powers Agreement with Edina Sale of Water
Page 1
4e. Motion to Authorize Execution of Joint Powers Agreement Between the City of
Edina and the City of St. Louis Park to Establish the Responsibilities of the Cities
Concerning the Sale of Water by St. Louis Park to Customers in Edina.
BACKGROUND:
The City of St. Louis Park provides municipal drinking water and sewer services to a limited
number of property owners (customers) in adjacent communities. In a like manner, adjacent
communities also provide these same services to some property owners in St. Louis Park. This
situation is not unusual in this metropolitan area and has been occurring satisfactorily for many
years.
Specifically, the City of St. Louis Park has been supplying municipal drinking water to a small
number of customers in Edina for many years.
ISSUE:
In reviewing this situation recently, no agreement could be found establishing this “service”
relationship with the City of Edina. The City Attorney has determined a written agreement
between the two cities is necessary to formalize this “service” relationship.
Public Works, Finance, and Administrative staff from both cities have discussed and reviewed
this situation and desire this “service” relationship to continue as it currently exists. As a result,
our City Attorney has created the attached Joint Powers Agreement memorializing this “service”
relationship. This agreement was approved by the City of Edina on June 5th.
This same situation is believed to exist with several other cities where we have (or they have)
this same “service” relationship. So, it may be several more of these Joint Power Agreements
will need to be processed in the near future.
RECOMMENDATION:
Staff recommends approval of the attached Joint Powers Agreement.
Attachment: Joint Powers Agreement
Prepared by: Mike Rardin, Public Works Director
Reviewed by: Scott Anderson, Utility Superintendent
Bruce DeJong, Finance Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 061807 - 4e - Joint Powers Agreement with Edina Sale of Water
Page 2
JOINT POWER AGREEMENT
BETWEEN
THE CITY OF EDINA
AND
THE CITY OF ST. LOUIS PARK
THIS AGREEMENT is entered into between the CITY OF EDINA, a Minnesota
municipal corporation (“Edina”) and the CITY OF ST. LOUIS PARK, a Minnesota municipal
corporation (“St. Louis Park”), hereinafter collectively referred to as the “Cities.”
RECITALS
A. St. Louis Park sells water to customers in Edina.
B. The Cities wish to memorialize their longstanding agreement concerning the sale
of water.
C. Minn. Stat. § 471.59 authorizes two or more governmental units to enter into
agreements to jointly or cooperatively exercise any power common to the contracting parties or
any similar power.
NOW, THEREFORE, the Cities agree as follows:
1. PURPOSE. This Agreement shall establish the responsibilities of the Cities
concerning the sale of water by St. Louis Park to customers in Edina.
2. SALE OF WATER. St. Louis Park will continue to sell water to customers in
Edina in accordance with existing practices except as modified herein. Usage of St. Louis Park
water by Edina customers shall be subject to the same usage rules imposed upon St. Louis Park
residents including sprinkling regulations.
3. BILLING. St. Louis Park will bill customers in Edina for water St. Louis Park
sells to customers in Edina. The billing rate will be the same as charged St. Louis Park
customers. If the customer fails to pay a bill, St. Louis Park will notify Edina. Upon receipt of
such notification Edina will certify the unpaid bill to taxes in accordance with Minn. Stat.
Chapter 444. Edina shall promptly transmit the proceeds to St. Louis Park after they are
received in the normal course of property tax settlements.
4. WATER METERS. St. Louis Park shall provide water meters at its customary
charge for customers in Edina using St. Louis Park water. St. Louis Park shall also be
responsible for any necessary testing and replacement of the meters.
St. Louis Park City Council Meeting
Item: 061807 - 4e - Joint Powers Agreement with Edina Sale of Water
Page 3
5. TERMINATION. Either party may terminate this Agreement upon 24 months
advance written notice to the other party.
Dated: _______________, 2007. CITY OF EDINA
BY: __________________________________
James Hovland, Mayor
AND _________________________________
Gordon Hughes, City Manager
Dated: _______________, 2007. CITY OF ST. LOUIS PARK
BY: __________________________________
Jeffrey W. Jacobs, Mayor
AND _________________________________
Thomas K. Harmening, City Manager
St. Louis Park City Council Meeting
Item: 061807 - 4f - Resolution Final Payment Jay Bros (121-06) 2004-0301
Page 1
RESOLUTION NO. 07-070
RESOLUTION ACCEPTING WORK ON
EDGEBROOK PARK TRAIL IMPROVEMENT
CITY PROJECT NO. 2004-0301
CONTRACT NO. 121-06
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis
Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated October 20, 2006, Jay Brothers, Inc. has
satisfactorily completed the Edgebrook Park Trail Improvement, as per Contract No. 121-06.
2. The Director of Public Works has filed his recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The City Manager is
directed to make final payment on the contract, taking the contractor's receipt in full.
Original Contract Price $59,322.50
Change Order 2,430.00
Overrun 497.80
Deduct for light pole -1,100.00
Previous Payments 58,638.75
Balance Due $ 2,511.55
Reviewed for Administration: Adopted by the City Council June 18, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 061807 - 4g - Bid Tabulation Sanitary Sewer Project 2006-2200 2007-2200
Page 1
4g. Bid Tabulation: Motion to Designate Insituform Technologies USA, Inc. the
Lowest Responsible Bidder and Authorize Execution of Contract with the Firm in
the Amount of $157,788.00 for Project Nos. 2006-2200 and 2007-2200.
BACKGROUND:
Bids were received on June 5, 2007 for the Sanitary Sewer Mainline Rehabilitation Project. This
project includes relining of the sanitary sewer lines at selected locations. The majority of the
work selected will occur in the Fern Hill Neighborhood, along with short relining segments
occurring in the Birchwood, Aquila and Cobblecrest Neighborhoods. The relining process will
rehabilitate or renew these sections of aging pipe and is expected to extend their service life
another fifty plus years.
A total of five (5) bids were received for this project. An advertisement for bids was published
in the St. Louis Park Sun-Sailor on May 17 and 24, 2007 and in the Construction Bulletin on
May 14 and 21, 2007. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Insituform Technologies USA, Inc. $157,788.00
Veit and Companies, Inc. $160,845.00
Michels Corporation $175,898.00
Visu-Sewer Clean & Seal, Inc. $191,714.00
Lametti & Sons, Inc. $267,254.00
Engineer’s Estimate $279,660.00
EVALUATION OF BIDS:
Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff
recommends Insituform Technologies USA, Inc. as the lowest responsible bidder. Insituform is
a reputable contractor that has worked for the city before and has successfully completed
contracts.
FINANCIAL CONSIDERATIONS:
The source of funds for this project is the Sanitary Sewer Fund.
Note: Our estimate for this work was based on past costs. As can be seen, current contract costs
are considerably reduced from past costs. Our evaluation of this indicates we should expect
these continued reduced costs into the future as this sewer relining technology appears to have
become a more routine and much more competitive industry.
CONSTRUCTION TIMELINE:
The contract allows 25 working days to complete the project, which will be scheduled during the
summer months.
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: 061807 - 4h - Planning Commission Minutes 051607
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
May 16, 2007--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Carl
Robertson
MEMBERS ABSENT: Robert Kramer, Richard Person, Jerry Timian
STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells
1. Call to Order – Roll Call
2. Approval of Minutes of April 11, April 18 and May 2.
Commissioner Robertson made a motion to recommend approval of the minutes of April
11th, April 18th and May 2nd.
Commissioner Morris seconded the motion, and the motion passed on a vote of 4-0.
3. Hearings
A. Conditional Use Permit for retail building and office/bank building
(former Planet Ford site)
Location: 3555 State Highway 100
Applicant: PBK Investments, Inc.
Case No.: 07-13-CUP
Adam Fulton, Associate Planner, presented the staff report. He said the applicant had
agreed to do bio-swales, which were requested by the Watershed District as a means of
improving storm water runoff. They would also do native plantings. The traffic study
recommended the developer install new traffic signals to accommodate exiting traffic
onto 36th Street. A supplement was done to the traffic study because the entrance was
offset and to accommodate it, SRF came up with a solution that would require an
adjustment to the median and slight turn of the lanes.
Commissioner Carper stated he didn’t see indication of study about access from the
Beltline Blvd. and 35th Street intersection in the traffic study. He suggested there is
probably going to be a great deal of traffic from Highway 7 and the northeast. He was
concerned that a traffic light will be needed at that location.
Meg McMonigal, Planning and Zoning Supervisor, stated staff didn’t specifically look at
that intersection, but staff could ask the consultant if they had determined one was not
necessary.
St. Louis Park City Council Meeting
Item: 061807 - 4h - Planning Commission Minutes 051607
Page 2
Mr. Fulton commented that particular access was a little out of the way and not apparent
from Beltline Blvd.
Commissioner Carper said he felt it would become apparent to individuals familiar with
the area. He said he was concerned.
Commissioner Morris agreed and felt Beltline would become a primary access for the
development. The primary entrances would be 36th St. and Beltline. The traffic study
should address how many cars would be using Beltline. Raleigh was not significant. He
said he was also concerned about the steep grade and was inclined to see 36th St. and Park
Center Blvd. as an entrance only. He said he was not satisfied with the traffic study
based on those reports. He commented that the Commission had seen several projects
(i.e. Costco, Home Depot, Sam’s Club) with traffic congestion after all of the
development studies and traffic studies. He envisioned that occurring at this site and said
he was not satisfied with what had been proposed.
Mr. Fulton replied the developer was proposing to bring the slope down from what was
currently proposed, with the grade of the driveway entrance from 36th Street not
exceeding 5%. The building will be pulled away a little from 36th St. to allow for greater
slope.
Commissioner Morris indicated it was a slippery grade and from previous experience, he
was not sure this could accommodate the peak traffic from 36th St. coming out at that
site.
Commissioner Carper asked if the alignment adjustment was the optimal approach or
would something else need to be done? Mr. Fulton replied this was not the optimal
approach. Ideally, what City Engineering staff had requested was an option that brought
them straight into the site. What was shown was the most realistic possibility. The
developer indicated they had attempted to contact the property owner to the east and they
had not been responsive to bringing Park Center Blvd. straight into the site. The traffic
study supplement determined the truck turning movements would be adequately served.
Commissioner Carper asked if the development would have any public art.
Mr. Fulton replied that the developer had mentioned it, and could speak to that question.
Staff had not included that as a condition of approval.
Commissioner Morris asked about cart corrals for the big box retail. Mr. Fulton said the
developer had not anticipated cart corrals in this location and staff had included as a
condition that any future cart corrals would require an amendment to the conditional use
permit.
Commissioner Morris asked if it was anticipated that loading of heavy merchandise
would occur at the front of the building.
St. Louis Park City Council Meeting
Item: 061807 - 4h - Planning Commission Minutes 051607
Page 3
Mr. Fulton replied he believed that loading would occur at the rear of the store.
Chair Johnston-Madison asked how many cars could stack in the left turn lane from 36th St.
into the project.
Ms. McMonigal replied that SRF determined there was adequate stacking.
Chair Johnston-Madison commented on the need to know how many cars could be
accommodated. She requested additional information prior to Council consideration.
Brian Pelowski, PBK Investments, applicant, said it was important to state that this was a
long-term opportunity.
Mr. Pelowski said he had other sites with a much steeper grade. The property manager
needs to be aware of it and maintain the access.
Kathy Anderson, project architect, indicated she was excited about the project. She said
staff had been very thorough. Strict architectural guidelines are used used on the
buildings. The upper story office portion of the bank would be an office for Mr.
Pelowski.
Commissioner Robertson said he understood the applicant met the zoning requirement but
asked if something more interesting could be done on the south and north elevations of the
retail building. He said the roofline is flat and the façade facing 36th St. is boring.
Ms. Anderson replied they added elements to break up the façade. There are a variety of
textures and a large landscaped area on 36th St., which softens the edge. She said it is
important to highlight the landscaped area and use quality materials throughout.
Commissioner Robertson commented that they missed an opportunity. It was boring and
could be better. It was not just a backdrop to landscaping. The building has architecture
and there is a way to do things in a more interesting fashion.
Commissioner Morris asked if they knew who the tenant would be.
Mr. Pelowski stated that until the deal was approved, the tenant had asked not to be
disclosed.
Commissioner Morris said that many corporations require a certain identity to their color
scheme, placement of signage and banding.
Mr. Pelowski responded with a major tenant, they try to get everything and they try to
accommodate it. This is a big building and the architect has done a good job to make it
interesting. It is 150 feet long with no glass on two sides, which they couldn’t change.
Their job would be to add landscaping and trees to soften the approach on the two sides.
They wanted to save 60% of the trees and move them to 36th St., along the parking lot.
Commissioner Morris asked where they would put the 22 bicycle stations.
St. Louis Park City Council Meeting
Item: 061807 - 4h - Planning Commission Minutes 051607
Page 4
Mr. Pelowski replied he was not sure.
Commissioner Morris suggested it be put at the building. Mr. Pelowski agreed.
Commissioner Carper asked about public art in the development.
Mr. Pelowski replied that he was committed to the arts and the arts community and would
be very interested in providing art in the development.
Commissioner Carper asked the architect about the drive thru canopy of the bank
building. He said planning staff recommended changing that to the opposite side of the
building to accommodate better traffic flow. He asked the developer about this
recommendation.
Ms. Anderson replied they believed the drive thru was internal to the site and there was a
lot of stacking. The developer wanted the building on the main corner and not the
canopy. They didn’t believe there was a traffic issue, people could go in and then exit
through the drive aisle at 35th.
Mr. Fulton added that the site plan had changed since the recommendation was made. At
that time, the traffic in the drive thru was going to move from the north to the south. The
new plan has traffic moving from the south to the north, which is an improved set up.
Mark Anderson, project engineer, addressed comments, discussed landscaping features,
recycling the existing pavement at the site, and storm water improvements. He said they
were trying to promote a pedestrian friendly and environmentally conscious environment.
With regard to the slope at the entrance, it was a concern and they were extending it in
and had a continuous slope in the whole area, lengthening the run of the road to reduce
the slope. They were also proposing raising the building by two feet, which would also
reduce the slope.
The slope would become approximately 5% with a 2% slope at the top. For vehicles
approaching the signal and waiting, there would only be a 2% slope. The entrance
alignment was as submitted and perpendicular to 36th Street. It will be revised according
to the traffic study to allow the traffic to flow from the south to the north. He didn’t
believe the report identified how many cars would queue during a cycle of the signal, but
there was great opportunity for queue length. They have sidewalk access at both ends of
the retail center and to the office and bank building. They would like to get away from
building the stairway. It is such a steep grade and being north facing, there would be too
many opportunities for slippery steps and other issues. There are crosswalks at the
intersections for people to cross 36th St. safely.
Commissioner Robertson asked if they looked at using a green roof for any portion of the
project. Ms. Anderson replied the cost of a green roof on a building this size was
prohibitive. Rain gardens were better for retail projects.
Chair Johnston-Madison opened the public hearing.
St. Louis Park City Council Meeting
Item: 061807 - 4h - Planning Commission Minutes 051607
Page 5
As no one was present wishing to speak, the Chair closed the public hearing.
Chair Johnston-Madison recapped the traffic concerns at 35th Street and Beltline Blvd.
Commissioner Morris indicated there were some major issues he wanted to see
addressed. He said he was not sure the traffic study envisioned all of the residential
developments on 36th Street. It was based on 1998 studies and he would like to see the
SRF report include information with all the residential development going on 36th Street.
Ms. McMonigal stated the traffic study did consider the impacts of Hoigaard Village,
Park Summit, and Village in the Park residential developments.
Commissioner Morris said he was not convinced of the traffic study. He said there were
traffic problems with the last three big box developments in the City. He would like to
see the plan show things like bike racks, traffic lane shifts and ingress/egress points. He
would like to hold this over to another meeting until the Commission could see an update
of the site plan and the traffic study.
Chair Johnston-Madison echoed the concern about 35th Street and Beltline and thought it
was a major issue and needed to be looked at for the long term. She proposed looking at
the stacking on the left turn lane into the project. She could see traffic backing up there
with the way the lights were synchronized. She would like to have additional discussion
and information on that available for Council.
Ms. McMonigal indicated staff could have the traffic engineer look again at 35th and
Beltline prior to City Council consideration.
Commission Morris commented in long term planning the City had been looking at
creating another access for Park Center Blvd. behind Byerly’s. He was not certain if
those plans were considered and if that would cause more traffic through that
intersection.
Mr. Fulton replied staff discussed with the developer the opportunity for extending Park
Center through the site up to 35th Street and the developer was not interested in pursuing
it at this time.
Commissioner Robertson said when plans were reviewed further they usually got better.
The north and south facades could be improved. The bank building was handsome and
the entry to the retail was striking. Big box retail is architecturally challenging and this
was close to being something really good, but was just falling short on those two facades.
Overall it was a well laid out project.
Chair Johnston-Madison said she agreed with Commissioner Robertson’s remarks.
Commissioner Carper congratulated the developer for taking an eco-friendly and
conscientious approach in terms of recycling materials, stormwater, and adding the
swales.
St. Louis Park City Council Meeting
Item: 061807 - 4h - Planning Commission Minutes 051607
Page 6
Commissioner Morris asked if this could be held over to June 6th . Mr. Fulton replied the
60-day deadline was around June 3, but the developer was on a different timetable.
Ms. McMonigal added that the main question might be the 35th Street and Beltline and if
they could answer that prior to going to the Council, that could possibly take care of the
biggest issue.
Commissioner Morris stated he was in favor of approving what was before them with a
request that staff send any revised traffic information to the Planning Commission prior
to City Council consideration, which would give them an opportunity to communicate
with Council if they had any serious issues regarding the study.
Commissioner Carper indicated he had a concern if this type of development drives the
need to put in traffic signals. If so, the City should be looking for participation from the
developer.
Commissioner Morris made a motion to recommend approval of the Conditional Use
Permit, subject to conditions recommended by staff, with the additional condition that the
Planning Commission receive communication regarding an upgrade of the traffic study
and other issues discussed prior to the City Council meeting, which would afford them
the opportunity to communicate to the Council if there were any major issues.
Commissioner Robertson seconded the motion, and the motion passed on a vote of 4-0.
4. Other Business
Commissioner Carper noted he had asked a question at the previous meeting regarding a
rain garden at the Holiday gas station. He stated that Planning staff had responded to his
inquiry.
Mr. Fulton stated that the Holiday station was not proposing a rain garden. There was not
adequate space on the site. Holiday was going to try to use some of the MnDOT
property, but MnDOT was not interested in participating.
Ms. McMonigal added that landscaping on the site was not yet completed and there
would be additional landscaping.
Commissioner Morris stated that the landscaping in the swale area was not attractive. If
MnDOT was not going to do anything, it was his understanding as to the site plan the
Commission approved, that somebody was going to create a swale or area other than the
mud rutted inaccessible site that exists now.
Ms. McMonigal replied that was MnDOT’s property.
Mr. Fulton recalled that Holiday narrowed the drive aisles to get enough landscaping.
Ms. McMonigal stated staff would contact MnDOT and ask them to address that issue.
St. Louis Park City Council Meeting
Item: 061807 - 4h - Planning Commission Minutes 051607
Page 7
Mr. Fulton stated he would also check with the City Engineer. MnDOT was working on
landscaping across the Metro area and hopefully they had something planned at the Holiday
site.
5. Communications
6. Adjournment
The meeting was adjourned 7:30 p.m.
Respectfully submitted,
Amy Stegora-Peterson/ns
Recording Secretary
St. Louis Park City Council Meeting
Item: 061807 - 4i - Police Advisory Commission Minutes 050207
Page 1
Police Advisory Commission
Meeting Minutes
2 May 2007
Vice Chair Widmer called the meeting to order at 6:37.
Commissioners Present: Cindy Hoffman, Dick Markgraf, Jim Smith, Pat Swiderski and Hans
Widmer.
Commissioners Absent: Siyad Abdullahi, Michael Baum, Maureen Gormley, Jim Lanenberg
and Cal Ohliger.
Staff Present: Chief Luse, Lieutenant Harcey and Ms. Stegora-Peterson.
I. Call to order
II. Speakers – Marney Olson, Clint Pires, Jason Huber and Joan Reamer
Clint Pires, Marney Olson, Jason Huber and Joan Remer presented the crime mapping for the
Police Department and City web site.
The Commission made a suggestion to link maps to historical references for the City and also
comparisons with other cities. They also suggested including definitions (i.e. burglary versus
robbery).
Commissioner Swiderski noted Usability Services at the University of Minnesota tests webs
sights to see they are usable.
Mr. Huber displayed the neighborhood views on the web site. Chief Luse noted they wanted
people to know what was going on in their neighborhoods.
Commissioner Markgraf suggested showing calls, but designating which were actual problems and
with laws being broken. He also suggested they use the chart in the handout.
Commissioners felt after some of the changes had been made, City staff could make it
available on the web site.
III. Motion to approve the March 7, 2007 minutes was made by Com. Markgraf,
seconded by Com. Swiderski. The minutes were approved.
IV. Subcommittee reports
Community Partnerships/Public Relations – Com. Smith reported that the Committee met
and reviewed a pamphlet on graffiti and provided suggestions to Lt. Harcey. They
discussed ideas about how to address graffiti problems. Most people were not aware
graffiti should be reported and that it is registered. They also discussed having a
neighborhood graffiti watch and clean up.
St. Louis Park City Council Meeting
Item: 061807 - 4i - Police Advisory Commission Minutes 050207
Page 2
Lt. Harcey indicated that the City’s communications staff was working on providing
information to the public about graffiti (Park Perspective, Sun Sailor, promotional
ads, etc.).
Com. Swiderski suggested they work as neighborhoods to clean up graffiti and
possibly get grant money.
Com. Smith stated they were working on publicity for the golf tournament.
Police Citizens Academy – Com. Widmer stated they hadn’t met. The first academy
will start May 3rd.
Lt. Harcey noted that there are 23 registered participants and it will be seven sessions.
Commissioners are invited to attend the sessions.
Traffic – Com. Widmer stated they met and discussed speed signs in various locations
(Louisiana, West Marlin Dr., Browndale, etc.). They also discussed doing a
neighborhood survey about traffic issues and met with Jamie Zwilling about various
approaches (on line versus mail). They want people to remain aware of the speed
limit and their speeds.
V. New Business
Com. Swiderski reported she attended the Human Rights commission (HRC) meeting. One
of the issues they discussed was about bias/hate crimes and an incident at the Spanish
Emersion school. She was unsure of her role with the HRC.
Chief Luse indicated that the City Council directed a partnership between the
commissions and wanted them to learn from each other. They do not want people to
fear the police and want to work with the community.
Com. Swiderski stated the HRC is sponsoring a film festival at Lenox with speakers and
providing education. They could work together to educate the public.
Chief Luse wanted to acknowledge a crime that had occurred in the last week resulting
in the death of a newborn. There had been a lot of media coverage. The media had
also been covering an incident from a few years ago that resulted in an officer dying in
his car. The Police Department did not intend to respond. The Department tries to put
their best foot forward, but it was hard to have negative media attention. He hoped the
sub committees would continue to provide assistance to them and they continue to work
on public trust.
Com. Swiderski commented on troubles of people having fire pits in their yards and
suggested something be publicized about the need for a permit. Lt. Harcey stated he
would talk with the Fire Department.
VI. The meeting adjourned at 7:57 PM.
St. Louis Park City Council Meeting
Item: 061807 - 4j - Al Luedtke Resolution
Page 1
RESOLUTION NO. 07-_____
RESOLUTION OF THE CITY COUNCIL
OF ST. LOUIS PARK, MINNESOTA,
RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING
APPRECIATION TO AL LUEDTKE
WHEREAS, Al Luedtke began his employment with the City of St. Louis Park over 27
years ago on November 19, 1979; and
WHEREAS, Al has earned the respect of peers and citizens; and
WHEREAS, Al has worked diligently in the Parks and Recreation Department, moving from
Organized Rec to Park Maintenance, to the Sign shop and then back to finish his career in Park
Maintenance; and
WHEREAS, Al takes pride in his work, has received numerous compliments for his set up
of programmed events for Parks and Rec, and enjoys all aspects of his job including ball fields,
forestry, snow removal, and winter rinks; and
WHEREAS, Al has an incredible knack of getting stuck in the parks when he mows; and
WHEREAS, Al will spend his retirement enjoying his winter time share in Florida and his
summer cabin in Minnesota;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Louis
Park, Minnesota, by this resolution and public record, would like to thank Al Luedtke for his
great contributions and 27 years of dedicated service to the City of St. Louis Park and wish him
the best in his retirement.
Reviewed for Administration: Adopted by the City Council June 18, 2007
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 061807 - 6a - 1st Reading Easement Vacation 2548 & 2552 Monterey
Page 1
6a. First Reading Request for Vacation of a Portion of the 26th Street Right-Of-Way
(2548, 2552 Monterey Avenue South).
Case No.: 07-22-VAC
Recommended
Action:
Close the public hearing.
Motion to Approve First Reading of Ordinance Vacating a Portion of
the 26th Street West Right-of-Way.
DESCRIPTION OF REQUEST:
Timothy Ferraro and Mark A. Hauck own both single family lots at 2552 and 2548 Monterey
Ave S. The request is to vacate right-of-way which will be combined with the adjacent single
family lot to the north.
ANALYSIS:
The applicants own parcels at 2548 and 2552 Monterey Ave S. 2552 Monterey Ave S is
improved with a single family home. 2548 Monterey Ave S. is a vacant parcel and cannot be
built on because it is too small. (A vacant parcel must meet at least 66% of the lot area and
width requirements of the zoning district in order for a house to be built.) In March of 2007 the
applicants considered combining the two parcels together with the vacated portion of 26th Street
West, and then subdividing the combined parcel into two single family, buildable lots. This
course of action would require a variance for lot width. The applicants conducted a
neighborhood meeting to solicit input from the neighbors, and although the neighbors were not
opposed to the vacation, they overwhelmingly said they would oppose a variance, and would
rather see one large house constructed on the combined land. With this in mind, the applicants
decided to combine the two residential lots into one. This was an administrative application, and
was approved on June 4, 2007. Now they are asking for the vacation of right-of-way, which
would be added to the combined parcel. The applicants state that they will not pursue the
variance to re-subdivide the parcel into two single family lots. Instead, they intend to add onto
the existing home resulting in one large home as preferred by the neighborhood.
The vacation request was reviewed by engineering and the necessary utility companies. The
only utility in the portion of the right-of-way to be vacated is a city sanitary sewer line.
Therefore, the Public Works Department is recommending that the right-of-way be vacated and
that all but the north five feet be covered in a utility easement to be retained by the city. If the
vacation is approved, the remaining right-of-way for 26th St. West will be 60 feet wide, which is
a standard width for a local street.
By vacating the right-of-way, the applicants hope to gain the ability to fence in a larger portion
of the back yard, add landscaping, and gain a small amount of buildable area. They originally
hoped to construct an accessory building or swimming pool within a portion of the vacated right-
of-way, however, the easement will prevent any structure other than landscaping and a fence
from being constructed more than five feet into the vacated right-of-way.
St. Louis Park City Council Meeting
Item: 061807 - 6a - 1st Reading Easement Vacation 2548 & 2552 Monterey
Page 2
PROCESS:
§ A public hearing with written notification to all property owners affected by the easement
and published in the newspaper is required to vacate a right-of-way.
§ Vacations require adopting an ordinance passed by a vote of at least five members of the
Council (2/3 majority of all members).
§ The ordinance requires two readings. The second reading is tentatively scheduled for July 2,
2007.
RECOMMENDATION:
Staff recommends adoption of the ordinance vacating a portion of the 26th Street right-of-way as
described in the attached Ordinance.
Attachments: Aerial photo
Draft Ordinance
Survey showing location of easement to be vacated
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: 061807 - 6a - 1st Reading Easement Vacation 2548 & 2552 Monterey
Page 3
AERIAL PHOTO
St. Louis Park City Council Meeting
Item: 061807 - 6a - 1st Reading Easement Vacation 2548 & 2552 Monterey
Page 4
D R A F T
ORDINANCE NO. _____-07
ORDINANCE VACATING A PORTION OF THE
26TH STREET RIGHT-OF-WAY
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 street right-of-way proposed to be vacated has been duly
filed. The notice of said petition has been published in the St. Louis Park Sailor on June 7, 2007
and the City Council has conducted a public hearing upon said petition and has determined that
the street right-of-way is not needed for public purposes, and that it is for the best interest of the
public that said street right-of-way be vacated.
Section 2. The following described street right-of-way, as now dedicated and laid out
within the corporate limits of the City of St. Louis Park, is vacated:
That part of Lot 8, Block 9, Thorpe Bros. Cedar Lake Heights, according to the recorded
plat thereof, Hennepin County, Minnesota, which lies northerly of the following
described line:
Beginning at the northeast corner of said Lot 8; thence southwesterly a distance of 30.31
feet along a non-tangential curve concave to the northwest, having a radius of 32.23 feet,
a central angle of 53 degrees 52 minutes 31 seconds, and a chord that bears South 45
degrees 20 minutes 15 seconds West; thence southwesterly a distance of 55.71 feet along
a compound curve concave to the north, having a radius of 187.53 feet and a central angle
of 17 degrees 01 minutes 14 seconds; thence South 89 degrees 17 minutes 44 seconds
West, tangent to said curve, a distance of 65.32 feet to the west line of said Lot 8 and said
line there terminating
reserving, however, to the City of St. Louis Park an easement over all but the north five feet of
the described property for storm sewer, sanitary sewer, water main, and public utility purposes.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in
the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
St. Louis Park City Council Meeting
Item: 061807 - 6a - 1st Reading Easement Vacation 2548 & 2552 Monterey
Page 5
Section 4. This Ordinance shall take effect fifteen days after its publication.
First Reading June 18, 2007
Second Reading July 2, 2007
Date of Publication July 12, 2007
Date Ordinance takes effect June 27, 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: 061807 - 6a - 1st Reading Easement Vacation 2548 & 2552 Monterey
Page 6
St. Louis Park City Council Meeting
Item: 061807 - 8a - 1st Reading Crime Free Housing Program
Page 1
8a. First Reading of Ordinance Amending City Code Rental Housing Section 8-327
Required Application Information and Adding Sections 8-328 Crime Free/Drug
Free Training , 8-331 Crime Free/Drug Free and Disorderly Use Lease
Requirements and 8-332 Administrative License Violation Fee.
Proposed ordinance establishing requirements for a Crime and Drug Free Rental Program.
Recommended
Action:
Motion to approve first reading of an amendment to City Code Section
8, Article II, establishing a crime and drug free rental housing program
and requirements as part of rental unit business licensing and set 2nd
reading for not later than July 16, 2007.
PURPOSE OF ORDINANCE:
The proposed ordinance amendment is to enhance the rental housing licensing program with the
addition of crime free/drug free and disorderly use components.
BACKGROUND:
As staff discussed with the Council during its study session on January 8 and May 29, the city
has over 7,000 multi-family rental units in over 300 buildings and over 600 single 1 & 2 family
rental (non-owner occupied) units. Code currently requires each rental building be licensed
annually and maintained in compliance with the Property Maintenance Code as a condition of
the license. A property maintenance inspection by staff occurs every 2-3 years.
Of growing concern is the incidence of public nuisance and criminal activity occurring in some
properties. Police records indicate a higher incidence of repeat calls to some rental units for a
variety of activities. During two, four-month periods last year, of the 10 most frequently visited
single family homes, an average of half were rental units. This is significant as only five percent
of our single family homes are non-owner occupied rentals. While this number represents all
types of calls including criminal, assistance, nuisance, and medical, the Police have observed a
problem with tenant behavior in certain rental units.
Multi-unit buildings also reflect a similar situation. Of the approximately 3400 criminal calls the
Police responded to during the year, less then one percent occurred from ~1500 owner occupied
condominiums/townhouses and 15% occurred from ~7000 apartments. This data helps support
the concerns that our Police are observing in the community. Similar concerns have resulted in
crime and drug free rental provisions being adopted in several other cities including Burnsville,
Mounds View, Brooklyn Park, Minneapolis, and are under consideration in Hopkins.
During the May 29 study session the Council discussed the ordinance and asked staff to bring the
ordinance to a Council meeting for first reading. Council also asked staff to incorporate a
clarification in the ordinance which staff has done.
ANALYSIS:
Rental homes and apartments are unique compared to their owner occupied equivalent. Rental
buildings are licensed as a business. If a license holder lives out of the city, becomes
unconcerned with the community welfare, or is lacking knowledge on how to properly operate
crime free rental property, the business may have an undesirable effect on the quality of life in
the city.
St. Louis Park City Council Meeting
Item: 061807 - 8a - 1st Reading Crime Free Housing Program
Page 2
The City Code currently does not provide any tools to effectively help prevent or resolve
behavior concerns which may develop and continue in rental properties. Developing a Crime
Free/Drug Free Rental Housing program as an enhancement to the business license requirements
in section 8-326, will benefit neighboring tenants, property owners, and the general welfare of
the community. Ignored criminal and illegal drug activity can quickly escalate, consuming
additional city resources and effecting quality of life.
Over 900 current rental license holders were invited to attend open houses over the past months
to assist in developing an effective and reasonable program. Additional meetings with the St.
Louis Park Rental Coalition (SPARC) and the Minnesota Multi Housing Association (MHA)
with their St. Louis Park members have also occurred. During these meetings staff identified the
city’s perspective of the problem and outlined the proposed crime free/drug free program. The
owners shared the difficulties they are currently experiencing and clarified what we can do better
to improve our service to assist them.
The proposed ordinance has undergone minor formatting changes following Council review of
the draft during the May 29 Study Session discussion, including a provision that a rental owner
cannot enter into a new lease with an evicted tenant for a unit located on the licensed property
for a period of one year after the eviction.
The following outlines and summarizes the significant program components proposed in the
ordinance:
Education
• Licensee would be required to utilize a tenant lease with code specified crime free/drug
free and disorderly use language included. A lease addendum with the required language
may be substituted when the licensee chooses not to modify there base lease agreements.
The crime free/drug free and disorderly use conditions of the lease provide notice to the
tenant that certain actions and behavior are grounds for termination of the lease.
New tenants entering into leases beginning January 1, 2008 would need to have this
language in their lease. Existing tenants would be required to have the language
integrated into their lease during the normal renewal rotation, not to exceed January 1,
2009.
• Licensee or identified property manager would need to attend or previously have attended
the Crime Free/ Drug Free Housing Program training provided by a participating Police
Department. Currently voluntary, this extensive eight-hour training provides owners and
managers information on what they can do to help maintain safe rental housing. The
Police Department offers this training at various times for a cost of $25. Mandatory
training would help establish a consistent baseline for information and promote a
continuing and expanding partnership between city staff and the licensee or their
manager.
St. Louis Park City Council Meeting
Item: 061807 - 8a - 1st Reading Crime Free Housing Program
Page 3
Communication
• Police Department would establish a residential rental unit tracking system. This system
would document criminal/drug and disorderly use occurrences, as defined in the
ordinance and agreed to in the lease, when formal Police action such as warnings,
citations, or arrests occur.
• Police would notify the licensee/manager following an occurrence at a unit, providing
information on the occurrence and requesting their assistance in resolving the situation.
Crime/Drug Event - In the event of an identified crime or drug occurrence, the licensee
would be notified that they must implement the tenancy termination condition in the lease
for the unit. Tenants would not be permitted to relocate to a different unit in the licensed
building. Police would be available to provide assistance and documentation of the
occurrence to the licensee.
Disorderly Use - Following the first disorderly use occurrence of a unit within a 12
month period, the licensee would be notified of the event. The second disorderly use
occurrence would again result in licensee notification and a request for them to
respond in writing back to the city on their plan for preventing future occurrences.
A third occurrence within a rolling 12 month period would result in the licensee being
notified that they must implement the tenancy termination condition in the lease for
the unit.
Compliance
• An administrative license violation fee of $750 monthly would be established.
Administered by the Inspections Department as licensing authority, the fee would be
applied only if licensee decides to not initiate corrective action by terminating tenancy
with the tenant when specified in the lease document. Fee would apply every month that
the licensing violation continues. The fee would not be charged to owners unable to
implement the tenant termination lease language due to a court decision.
• Correction of crime free and disorderly use requirements of this proposed ordinance and
payment of any outstanding fees would be required before the annual business license for
the rental building is renewed.
STAFFING AND FEES:
Additional Inspection and Police staff time will be necessary to create and maintain the proposed
program. The most work intensive component will be the data tracking system utilized by the
Police. Initially planned to be accomplished by existing staff, future work loads may require
additional part or full time data entry/clerical.
The current annual fee is based on covering the program cost for property maintenance
inspections. Each year the City evaluates permit and license fees relative to the cost of providing
related services. Rental license fees are not proposed to be changed at this time to implement the
program.
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Item: 061807 - 8a - 1st Reading Crime Free Housing Program
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SUMMARY:
This program is designed to be an effective and efficient tool in partnering with the hundreds of
rental property owners to maintain crime and drug free housing in the city. Clarity of
information, open disclosure, and simplicity in administration are important components. After
months of study, staff believes this to be a reasonable program design to accomplish our goals.
Attachment: Proposed Ordinance
Prepared by: Brian Hoffman, Director of Inspections
John Luse, Chief of Police
Approved by: Tom Harmening, City Manager
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Item: 061807 - 8a - 1st Reading Crime Free Housing Program
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ORDINANCE NO. _____-07
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II,
THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK,
MINNESOTA RELATING TO RENTAL HOUSING
LICENSES, REQUIRING CRIME FREE/DRUG FREE AND
DISORDERLY USE LEASE LANGUAGE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Crime Free/Drug Free and Disorderly Use Lease Language Requirements.
Chapter 8, Article II, Subdivision VIII of the Code of Ordinances relating to rental housing is
amended in its entirety to read as follows:
Sec. 8-326. License required.
(a) The owner of a residential building or portion thereof operated as rental
housing with one or more dwelling units must obtain a rental housing license. The license
shall contain a statement that the tenant or tenants may contact the attorney general for
information regarding the rights and obligations of owners and tenants under state law.
The statement shall include the telephone number and address of the attorney general.
(b) The term “rental housing” means any occupied dwelling or dwelling unit
that is not owner occupied. The term includes any dwelling or dwelling unit occupied by
a relative of the owner.
(c) Exceptions. No license shall be required under the following
circumstances:
(1) A single family dwelling or single dwelling unit of a duplex occupied by
the building owner for a minimum of six months per calendar year.
(2) Rented rooms within an owner occupied dwelling unit.
(3) Rented dwelling units that are part of a condominium or townhouse
association.
Sec. 8-327. Required Application Information.
The owner must identify a designated property manager responsible for operation
and maintenance of each licensed property. Contact information for the owner and
property manager must be provided on the license application, and the owner must
provide the city with any changes occurring within the license period. The owner may be
the designated property manager. The owner must submit verification with the license
application that the designated property manager has attended required training as
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Item: 061807 - 8a - 1st Reading Crime Free Housing Program
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specified in this section and that the Crime Free/Drug Free and Disorderly Use language
required by this section is contained in the licensed property tenant lease or leases.
Section 8-328. Crime Free/Drug Free Training.
The owner or property manager must have attended an approved training program
in The Minnesota Crime Free Multi-Housing Program before any rental license is issued.
A Provisional License may be issued for six months to accommodate the training
schedule.
Sec. 8-329. Maintenance.
The owner of rental housing must maintain all units, common space and exteriors
of such buildings in compliance with the City Code and state and federal laws and
regulations. The owner of such rental housing shall perform a periodic assessment of all
portions of the building and correct any inadequacies to ensure the building is maintained
in good repair.
Sec. 8-330. City Inspections.
(a) The owner of rental housing shall permit access by the City to perform a
minimum of one inspection every two years of the common space and every dwelling
unit. The City may perform or require additional inspections if deemed necessary by the
City or by the request of a tenant. The owner shall notify the tenant or tenants of the time
when the City inspection will be conducted and provide access to the units.
(b) The owner’s rental housing license may be suspended, revoked or denied
renewal for failing to maintain the licensed building in compliance with the property
maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to
comply with the requirements of the City Code or applicable state or federal law.
Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements.
(a) All tenant leases shall contain the following Crime Free/Drug Free and
Disorderly Use language:
(1) Crime Free/Drug Free.
1. Resident, any members of the resident’s household or a guest or
other person affiliated with resident shall not engage in criminal activity,
including drug-related criminal activity, on or near the premises.
2. Resident, any member of the resident’s household or a guest or
other person affiliated with resident shall not engage in any act intended to
facilitate criminal activity, including drug-related criminal activity, on or
near the premises.
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3. Resident or members of the household will not permit the dwelling
unit to be used for, or to facilitate criminal activity, including drug-related
criminal activity, regardless of whether the individual engaging in such
activity is a member of the household, or a guest.
4. Resident, any member of the resident’s household or a guest, or
other person affiliated with the resident shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled
substance at any locations, whether on or near the premises or otherwise.
5. Resident, any member of the resident’s household, or a guest or
other person affiliated with the resident, shall not engage in any criminal
activity on or near the premises.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A
MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND
GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY.
(2) Disorderly Use.
1. Resident, members of the resident’s household, guests, or other
persons under the resident’s control shall not engage in the following
Disorderly Use activities: violations of state law relating to alcoholic
beverages, trespassing or disorderly conduct; and violation of the St. Louis
Park City Code relating to prohibited noise.
2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE
SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH
PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL
VIOLATION OF THE LEASE AND GOOD CAUSE FOR
TERMINATION OF THE TENANCY.
(3) Definitions.
1. The term “criminal activity” means prostitution, criminal street
gang activity, threatening, intimidating or assaultive behavior, the
unlawful discharge of firearms, or any other criminal activity on or near
the premises that jeopardizes the health, safety and welfare of the landlord,
his agent or other resident, or involving imminent or actual serious
property damage.
2. The term “drug related criminal activity” means the illegal
manufacture, sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use of a controlled substance or any
substance represented to be drugs (as defined in Section 102 of the
Controlled Substance Act [21 U.S.C. 802]).
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(4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use
provisions are in addition to all other terms of the lease and do not limit or replace
any other provisions.
(b) These lease provisions shall be incorporated into every new lease for a
tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009.
(c) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used in violation of the Crime Free/Drug Free
provisions of Subsection (a)(2) herein, the Police Department shall cause notice to be
made to the owner and property manager of the violation. The owner or property
manager shall notify the tenant within ten days of the violation of the Crime Free/Drug
Free lease language and proceed with termination of tenancy. The owner shall not enter
into a new lease for a unit located in the licensed property with an evicted tenant for a
period of one year after the eviction.
(d) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used for Disorderly Use activities as set forth in
Subsection (a)(3) herein, the Police Department shall cause notice to be made to the
owner and property manager of the violation and direct the owner and property manager
to take steps to prevent further Disorderly Use violations.
(e) If a second Disorderly Use violation as determined by the Police
Department occurs within a continuous twelve month period involving the same tenancy,
the Police Department shall cause notice to be made to the owner property manager of
the second violation. The owner or property manager shall respond in writing within ten
(10) days of receipt of the notice with an action plan to prevent further Disorderly Use
violations.
(f) If a third Disorderly Use violation as determined by the Police Department
occurs within a continuous twelve month period involving the same tenancy, the Police
Department shall cause notice to be made to the owner and property manager of the third
violation. The owner or property manager shall notify the tenant within ten days of the
Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and
proceed with termination of tenancy. The owner shall not enter into a new lease for a
unit located in the licensed property with an evicted tenant for a period of one year after
the eviction.
Sec. 8-332. Administrative License Violation Fee.
An owner failing to proceed with an action to terminate the tenancy after Police
Department notification in accordance with a Crime Free/Drug Free violation or the third
Disorderly Use violation shall pay an administrative license violation fee of $750.00 for
each calendar month that the owner fails to proceed. The tenancy must be terminated and
outstanding fees paid prior to the city renewing a rental license for the licensed premises.
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Section 2. Effective Date. This Ordinance shall take effect fifteen days after its
publication.
First Reading June 18, 2007
Second Reading July 16, 2007
Date of Publication July 26, 2007
Date Ordinance takes effect August 10, 2007
Reviewed for Administration: Adopted by the City Council ________, 2007
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney