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HomeMy WebLinkAbout2006/05/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 1, 2006 7:15 PM 7:15 p.m. EDA Meeting 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 2b. Roll Call 2. Presentations 3. Approval of Minutes 3a. Study Session Minutes of April 3, 2006 3b. City Council Minutes of April 17, 2006 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed 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 6. Public Hearings 6a. 3600 Block Of Hampshire Avenue South – Request for Vacation 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Request of Real Estate Recycling for a Comprehensive Plan Map Amendment from Commercial to Industrial; and a Zoning Map Amendment from General Commercial (C2) to Industrial Park (IP) 8b. PPL Louisiana Court Project Deferred Loan 8c. Project Report: Quentin Avenue, Municipal State Aid Street Rehabilitation Project – Project No. 2005-1100 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF May 1 , 2006 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 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 adopt second reading of an Ordinance approving the Vacation of a portion of Natchez Avenue South, approve summary and authorize publication. 4b. Motion to approve second reading of an Ordinance approving the vacation of a utility easement at 3300 Decatur Lane, adopt Ordinance, approve summary, and authorize publication. Case No.: 06-26-VAC 4c. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,568,575.00 for the 2006 Lake Street Reconstruction Project – City Project No. 2006-0100 4d. Motion to Adopt Resolution Authorizing Special Assessment of Dutch Elm Diseased Tree Removal For Property at 1820 Flag Ave. South 4e. Motion to approve a contract with TKDA for providing Professional Services for Design and Construction Administration of the CSAH 25 Pedestrian Bridge, Improvement Project No. 2005-2100. 4f. Motion to approve Amendment No. 1 to contract 98-04 providing additional Professional Services related to Excelsior Boulevard Street Improvement Project, Project No. 2004-0400. 4g. Motion to approve Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 6327 Cambridge Street. 4h. Motion to approve Change Order No. 1 for Improvement Project No. 2006-1300, Westdale Park Detention Pond. 4i. Motion to accept Housing Authority Minutes of March 8, 2006 for filing. 4j. Motion to accept Planning Commission Minutes of April 5, 2006 for filing. 4k. Motion to accept Vendor Claims for filing. (supplement) St. Louis Park Council Meeting Item: 050106 - 3a - Study Session Minutes April 3, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION April 3, 2006 The meeting convened at 7:00 p.m. Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Loren Paprocki, Susan Sanger and Mayor Jeff Jacobs. Councilmember C. Paul Carver was absent. Staff present: City Manager (Mr. Harmening), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Stegora-Peterson). 1. Duke Realty Development Ms. McMonigal provided a brief background on the development. Darryle Henry, Duke Realty, discussed the site and the scope of the project. Councilmember Finkelstein asked if they were considering this as a corporate campus for one client? Mr. Henry replied that would be a goal, but they could have a combination. Patrick Mascia, Duke Realty, added they had met with a couple of full building users. Councilmember Omodt asked if they would have ponding for water and if they would be requesting TIF? Mr. Henry replied they were still analyzing the need for TIF. Gary Gleason replied water would be stored underground. Councilmember Sanger asked about timing. Mr. Henry replied they planned to tear down the Novartis building and begin with infrastructure in July 2007. Councilmember Sanger asked about the green space and public amenities. Mr. Henry responded they were trying to create a user-friendly environment with green space and had been considering options for a public amenity. Councilmember Sanger asked if there would be a “Big Box” retailer. Mr. Mascia replied they might have a retailer with a 2-story design (i.e. bookstore). They would not have a Walmart type of big box user. Councilmember Finkelstein suggested they consider incorporating public transportation to/from downtown and take advantage of the future possibility of light rail. Mayor Jacobs stated concerns about the traffic impact and asked what they anticipate the process would be to deal with traffic. Ms. McMonigal replied that the size of the project triggered and EIS and AUAR. The City would manage the environmental review and they would work with the City of Golden Valley on mitigation measures such as a transit and other items. St. Louis Park Council Meeting Item: 050106 - 3a - Study Session Minutes April 3, 2006 Page 2 Mayor Jacobs asked what the public process would be. Ms. McMonigal replied State law required environmental review and there would also be a neighborhood process with Golden Valley and St. Louis Park residents. Mayor Jacobs noted a concern if this construction coincided with reconstruction of Highway 100. Mr. Mascia indicated traffic was a concern for the site and they dropped the amount of office space and incorporated other uses to spread traffic throughout the day. Councilmember Sanger asked when they would meet with neighbors. Mr. Mascia replied they would like to have a concept designed before meeting with the neighborhood. Councilmember Sanger requested they utilize high quality architecture. Mr. Mascia replied they needed to be efficient with costs, but wanted a Class A development. Mayor Jacobs asked if there would be land use or Comp Plan changes. Ms. McMonigal replied the Novartis site is industrial and would be changed to C2 or mixed use. Councilmember Sanger suggested the inclusion of a day care. Councilmember Finkelstein asked when they would be back before the Council. Mr. Mascia replied they were on an aggressive track and hoped to be back over the next few months. Mayor Jacobs asked if they anticipated environmental problems. Mr. Mascia replied they were authorized to spend $1.5 million on the project. Councilmember Finkelstein asked the height? Mr. Henry replied eight to twelve story office buildings with the possibility of an eighteen story building on the corner along Highway 100. Councilmember Sanger noted the nearby residents would be interested in shadow studies. Councilmember Finkelstein suggested they make the parking ramp as attractive as possible. Mr. Mascia indicated the buildings would be on the street and the ramps would be in the middle of the project. The meeting adjourned at 7:28 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 17, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Loran Paprocki and Susan Sanger Councilmember Paul Omodt was absent. Staff present: Associate Planner (Mr. Fulton), City Clerk (Ms. Stroth), City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Housing Program Coordinator (Ms. Larsen), Public Works Superintendent of Utilities (Mr. Anderson), Public Works Director (Mr. Rardin), Planning/Zoning Supervisor (Ms. McMonigal), and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2a. Sharon Anderson’s Recognition Resolution No. 06-073 Mayor Jacobs presented Resolution No. 06-073 in recognition of Ms. Anderson’s service to the City of St. Louis Park. Ms. Anderson commented on her time working with the City. Mr. Harmening also thanked Ms. Anderson. 3. Approval of Minutes 3a. Study Session Minutes of March 13, 2006 The minutes were approved as presented. 3b. Study Session Minutes of March 27, 2006 Councilmember Sanger indicated on page two, paragraph at the top, “Birchwood” should be inserted after, “...people would not be able to get out of the”. On page five after paragraph three, the following should be inserted, “She stated it was an issue of Federalism and local law enforcement should not be put in the position of doing the enforcement for the Federal Immigration Department and this would be an unfunded mandate.” The minutes were approved as corrected. 3c. City Council Minutes of April 3, 2006 St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 2 Councilmember Basill indicated on page six, paragraph two should read, “Councilmember Basill indicated we received many calls about this issue, but we shouldn’t minimize the cost, or expenditure to the tax payer….” The minutes were approved as corrected. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve second reading of Ordinance No. 2313-06 to establish the Sungate One Housing Improvement Area, approve summary and authorize publication; approve Resolution No. 06-072 to impose fees; and authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and the Sungate One Condominium Association. 4b. Bid Tabulation: Designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $910,880.70 for the 2006 Local Street Improvement Project– City Project No. 2005-1000 4c. Approve Amendment No. 1 to contract 48-05 providing additional Professional Services related to the Design and Construction Administration of Water System Back-up Power Supply for Water Treatment Plants 1 & 4, Improvement Project No. 2005-1500. 4d. Approve Change Order No. 1 for Improvement Project No. 2005-1500, Installation of Water System Back-up Power Supply. 4e. Item was removed. 4f. Accept Planning Commission Minutes of March 8, 2006 for filing. 4g. Accept Planning Minutes of March 15, 2006 for filing 4h. Accept Park And Recreation Minutes of February 15, 2006 for filing. 4i. Accept Vendor Claims for filing. (supplement) Mr. Harmening indicated staff received a request from the applicant to remove item 8d from the agenda because a third variance was needed. He suggested the public hearing for item 6d be combined with 8c because they were related. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the Agenda as amended and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing to consider granting an On-Sale Intoxicating Liquor License with Sunday sales for Collins Restaurant Group, Inc. dba Brix located at 4656 Excelsior Blvd. in St. Louis Park. St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 3 Ms. Stroth presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. It was moved by Councilmember Basill, seconded by Councilmember Sanger to approve an on-sale intoxicating liquor license with Sunday sales to Collins Restaurant Group, dba Brix subject to the satisfactory background investigation of the prospective store manager. The motion passed 6-0. 6b. Public Hearing to consider granting an Off-Sale liquor license to Valley Wine & Spiritz, 8942 Highway 7 – Knollwood Village in St. Louis Park Ms. Stroth presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. Councilmember Paprocki indicated he had concerns with the number of licenses and location of liquor stores. At a study session last year about this issue no action had been taken. It concerned him that there had been a 40% increase in the number of licenses in less than a year. It was motioned by Councilmember Paprocki, seconded by Councilmember Basill to continue this item to the next Council meeting. Councilmember Basill indicated the Council got analysis on the number of liquor stores. Some communities limit the number of liquor licenses they have. They hadn’t researched it completely to know how many license were appropriate. If this is deferred, is there any timeline they are obligated to act? Mr. Scott replied they needed to act within a reasonable time frame. Councilmember Basill requested the report previously done be brought to study session and this come back to the next Council meeting. A two-week delay was not unreasonable. Councilmember Carver was uncomfortable delaying this application. The applicant didn’t get notice they might take this action and was looking forward to opening a new business. He was in favor of acting on this application and then doing the study. They could then give notice to those with pending applications. Councilmember Finkelstein agreed with Councilmember Carver. He was also concerned about this, but to put the burden on a small business owner seemed heavy handed. He would like to study this further, but not put this person on hold. Councilmember Sanger also agreed and didn’t think it was appropriate to delay action on this item. Future study shouldn’t have any bearing on an application already pending. Councilmember Paprocki stated once a license is approved, it was there and he would rather wait two weeks and make a good decision. St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 4 Mayor Jacobs indicated he would like to have a discussion about the number of licenses, but was not comfortable doing it in the context of this applicant. He met the requirements and was expecting his application would be acted on. Councilmember Sanger wasn’t certain two weeks was an appropriate amount of time to do a good study. If they were going to look at liquor licenses, the question was broader than where are they now and what other cities do. The question she would ask was if there was a problem? That would be an issue of looking at police stats and if there is a problem associated with some liquor stores, which may take longer than two weeks. Councilmember Basill felt if they should let new applicants know they were going through this process, and get through the discussion before the next applicant. Councilmember Finkelstein requested as part of the study to see how many licenses surrounding communities allowed, the price applicants pay for licenses, how it is monitored and how long the limit has been in place. The motion failed 4-2 with Councilmember’s Carver, Finkelstein, Jacobs and Sanger opposed. It was moved by Councilmember Carver, seconded by Councilmember Sanger to approve an off-sale intoxicating liquor license for Valley Wine & Spiritz. Councilmember Basill requested a friendly amendment that Council takes this to study session within a reasonable time frame to study the number of licenses within surrounding cities and any provisions they should include going forward. Councilmember Carver felt that made it sound like the approval was contingent on that and would not be considered a friendly amendment. Mr. Scott stated that should be a separate motion. The motion passed 5-1 with Councilmember Paprocki opposed. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein that Council discuss at study session, within a reasonable time frame, the number of licenses within surrounding cities and any provisions they should include going forward. The motion passed 6-0. 6c. Public Hearing on the Wellhead Protection Program Mr. Rardin, Mr. Anderson and Mr. Kurtz, SCH Consulting firm, presented the plan for the Wellhead Protection Program. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. No other action required by the City Council. St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 5 6e. 3300 Decatur Lane – Request for Vacation of a Utility Easement, Case No: 06-26-VAC Mr. Fulton presented the staff report. Mayor Jacobs opened the public hearing. Maja Salmon, 3300 Decatur Ln, stated they were looking to put an addition on their home and approval of the vacation was the first step. Mayor Jacobs closed the public hearing. It was moved by Councilmember Paprocki, seconded by Councilmember Sanger to adopt first reading of an Ordinance approving the Vacation of a Utility Easement and set second reading for May 1, 2006. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Renaming Stephens Drive to Westside Drive. Applicant: Westside Luther Companies, Case No.: 06-23-ST Mr. Fulton presented the staff report. Councilmember Sanger requested in the event Novartis expressed an objection to this prior to the second reading, it be part of the regular agenda, rather than the consent agenda. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve first reading of the proposed ordinance to rename Stephens Drive to Westside Drive and set second reading for May 1, 2006. The motion passed 6-0. 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition, Case No: 06-02-CP and 06-03-S Ms. McMonigal presented the staff report. Chris Garwick-Foley, 5100 Morningside Rd, stated opposition, felt people had been misled and that this property was part of the park. Mike Foley, 5100 Morningside Rd, opposed this because he felt residents had been misled. Requested this be looked at further. St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 6 John Lawson, 4320 Browndale Av, displayed a photo showing this as a gateway to the park. Opposed because this would be removing green space. Noted at the Visioning meeting, the item people were most concerned about was green space. He believed there was no longer a demand for housing. Susan Canter, 4249 Utica Av S, indicated she was surprised at the Visioning meeting about the results that green space was a priority. Opposed because she believed they could get housing without using green space. Patsy Monson, 4240 Browndale Av, asked what made this lot different than other lots at Browndale Park. Ms. McMonigal replied none of the park was designated as park in the platting process. The parcels were not different. Ms. Monson stated all of the parcels that make up Browndale Park and any park are the same. She felt old information was used to make this decision and they should table it to get more current information. Katrina Lawson, Plymouth, opposed to using this parcel and removal of green space. Stephen Girard, 4240 Browndale Av, opposed to the sale of lots. Mari Salveson, 4309 Browndale Av, believed there was misinformation and an outdated study and requested this be tabled until they had more current information and suggested using information from the Vision process. Lyn Osgood, 4337 Browndale Av, indicated this was a former swamp and residents were asked for their land when they filled it in for the park and people readily gave it. It would be a legacy to the Council to retain green space. She suggested the Council look at more affordable housing for seniors, which would free up homes. Mayor Jacobs noted the Aquila Commons coop was done for that reason. Amy Ellis, 4253 Browndale Av, opposed because she believed the City misrepresented this to oppress the opposition and requested this be tabled. Robert Knudson, 4375 Browndale Av, felt it was important for the future to retain this parcel as green space. Denise Konen, 4228 Salem Av S, agreed with the importance of the green space and the parks in the City and felt they needed to think about the future. David Erickson, 4044 Utica Av S, stated finding out the Comp Plan designation is the exact same for this parcel as it was every other parcel of park land concerned him. There had been many improvements to the park in the last ten years and the park is used more than it was. He stated green space in St. Louis Park is precious. Mary Austin, 4382 Dart Av, indicated open green space was at a minimum and requested it not be reduced further. St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 7 Peter Lenzen, 4300 Browndale Av, didn’t understand why this piece of land wasn’t a part of the park and stressed the importance of green space. They needed to use the Children First philosophy in all decisions. He was also concerned about safety of children if a house were built on this parcel. Betty Karl, 4089 Toledo Av S, indicated people enjoyed the view of the park through this parcel. She did a petition and most were happy to sign to keep parks and green space. Tom Anderson, 4088 Utica Av S, stated he saw this as an integral gateway to the park and expressed concern about green space. Sonny Schouveller, 3222 Rhode Island Av, expressed support for the residents of Browndale and noted he moved to St. Louis Park because of the parks and green space. Carina Schouveller, 3222 Rhode Island Av, stated a concern about green space being taken away. Glenn Sorenson, 4340 Browndale Av, stated he was opposed to selling this parcel which was frequently used, but was trying to come up with a compromise and indicated there were other underutilized parcels in the park. Sandra Chatfield, 4252 Toledo Av S, supported the previous speakers. They were concerned citizens, not a group of rich people or developers and it seemed like those were only people getting heard. She questioned why they didn’t use other land that had been developed for single-family move-up housing. Mayor Jacobs noted Councilmember Basill helped get five new homes approved at the former Brookside School site. Councilmember Basill added he tried to get single family homes into the Village in the Park project across from Center Park, but they weren’t able to get support because it was financially difficult. At Brookside school, the Council supported reducing density and putting in five single-family homes. Mike Niehans agreed with the previous speakers. Terry Meland, 5118 W 28th St, indicated he had come to oppose the number of liquor licenses, but added his support for residents of Browndale and retention of green space. Kevin Schrefils, 4349 Browndale Av, stated there are over 40 kids in the neighborhood and expressed a concern about their safety at the corner. Dan Breyak, 4306 Browndale Av, clarified the lots that were referenced by Mr. Sorenson that were underutilized, although they didn’t want any of the park taken. Over 600 people signed the petition (outside of Browndale). He believed there had been misrepresentation by the City and this would set a precedent by selling a portion of parkland. Guidelines need to be established to protect parks. He requested this item be tabled. He read a statement from his wife opposed to the land sale. Robin Solberg, 4249 Browndale Av, stated a concern about eroding green space, which would have a downward effect on property values and those served by the green space. St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 8 Councilmember Basill stated that the City staff is great and no one intentionally misled residents. They have one of the best City managers and he took issue with comments that people had been misled. They were fortunate to have a Mayor who would allow the public to comment as this is not a formal public hearing, which would not happen in other communities. He believed the Council and staff had high ethical standards. He also disagreed with the neighbors who suggested selling other lots, but agreed with residents that there is a new park building, considering the visioning process results and the idea of parkland zoning. The Council needed to discuss those issues and take more time on the decision. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to postpone discussion on this item indefinitely. Councilmember Carver agreed with Councilmember Basill’s comments about staff and the ability for people to speak when there wasn’t a hearing. Citizens also worked on this issue on the Excess Land Task Force. Because there was a vote in December, the question was whether or not the Comp Plan, which currently has this guided as Park, should be changed. He appreciated that the visioning that identified need for move-up housing went back many years, but also that the decision the Council ultimately arrived at in December happened throughout last year. He didn’t think the process lacked from keeping current, it was a strong process to reach the place they were. He asked what other Councilmembers envisioned would be done if this were postponed? Councilmember Basill replied he wanted to understand what was done with the visioning process. They also needed to look at the parkland zoning further. This Council was very pro-children, single-family, and parks and there were competing interests for this parcel. He didn’t think it would hurt to take more time. Councilmember Sanger stated she was not in favor of selling this lot in the first place. At the vision meeting she was with the group discussing protecting green space. It made sense to defer this because of the vision process that is going to address this question. She would rather defer and go through the vision process to address the vision statement. She asked that they look at various options how to protect park space from future encroachment. They went into the process of the excess land for the purpose of move-up housing and she believed they did need more move-up housing, but it didn’t mean they needed to sell every parcel for move-up housing. Councilmember Paprocki believed this was turning into a re-vote of a previous decision by this body. A task force went through the effort, neighborhood meetings were held, hours of presentations were done, and Council voted and made a decision. This was a Comp Plan amendment, and it was not his place to second guess what had been done before. He believed they should vote. Councilmember Finkelstein stated he didn’t agree with all of the land sales. Staff had talked about this, there was a housing task force, and excess land task force and a previous City Council vote on this issue. He lived across from a vacant lot and his children played there, but they didn’t own the lot and neither did the neighborhood. The Council may need to correct a mistake that had been made by not designating land as parkland, but it had not been the intention of the Council to set up subdivisions of St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 9 parkland and they would fix that problem. He saw this parcel as a lot and it didn’t make sense to table this item. Councilmember Basill believed this needed further discussion and was not willing to support this now. Councilmember Finkelstein stated tabling it indefinitely didn’t serve the process well that got them here. He also felt the whole Council should vote on this. Mayor Jacobs indicated the motion was to postpone indefinitely. What action would it take to get this back on the agenda? Mr. Scott replied normally what would accompany the motion would be a direction to staff with the desired process outlined. Mayor Jacobs stated he was OK taking another look at this, but also felt they needed to give some respect to the process that has been undertaken and the people that did it. He would like to look at the idea of creating a new zoning designation. Councilmember Basill asked if there was a specified time period other Councilmember’s would accept? They owed it to the residents to make a decision and to have a time frame to look at the parkland zoning. Mayor Jacobs added a decision of this magnitude should be made with the entire Council as well. Councilmember Carver stated the indefinite nature troubled him. They had tied several things together including the parkland zoning designation with the question about the Comp Plan and the question of this lot being answered by a previous Council. The other concern was what the vision meant. There were different interpretations of what something means. He didn’t see an absolute right or wrong, but believed they needed to take action. Councilmember Paprocki believed the decision had been made about the land sale. This was a Comp Plan amendment. Were they going to duplicate efforts by putting this off for more study? He thought they should vote. Councilmember Sanger noted a number of factors didn’t get considered as part of the criteria the task force considered, one of which was the aesthetic value of open space. A second was environmental protection factors and a third, issues dealing with groundwater and potential flooding. They weren’t asked to consider the factors that had relevance for other people in the community, upon which they were now making a further decision. They were not being asked to simply take a procedural step toward a decision that was made last fall, but being asked to make an independent step on the proper land use for this parcel. Mayor Jacobs suggested this be continued to a date certain, rather than indefinitely. He thought there should be a study session discussion. Councilmember Basill indicated the two important things to him were that they owed it to this community to look at protecting parks. How long would it take staff to provide a report of what other cities were doing and how they protect parks? They don’t have a separate zoning designation for parks and they want to look at that. Mr. Locke replied St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 10 the amount of time for research of ordinances and zoning district designations for parks, would be about 4-6 weeks. Mr. Locke stated that would not necessarily get to the point where they had adopted a new amendment to the zoning code. Councilmember Paprocki believed they were still putting off the decision they had to make. Defining what a park is doesn’t define whether or not this will be in that definition of a park. They were making it sound as if they were going to decide what to do with this piece of land. The vote in December was that this would be sold for residential. Councilmember Basill amended his motion that this item be brought back to a meeting by June, 2006. Councilmember Sanger accepted the amendment. If they were asking for information to be brought back on various alternatives to protect parkland, she understood that, but were they also asking for additional information on this particular parcel? Councilmember Basill replied yes, he wanted to look at the building and the visioning process. He didn’t think it would hurt to look at that information and find a way to protect parks. Councilmember Finkelstein asked what happened to the other lots in the process? Councilmember Basill believed they were talking about those that were shown in the Comp Plan as Park and what the zoning should be going forward. Mayor Jacobs indicated they could discuss this at a study session prior to June. Mr. Locke indicated they could chose to handle this issue separate from the issue of coming up with the new park zoning district or open space zoning district if they chose. Councilmember Carver stated he would support the motion as amended. Councilmember Finkelstein asked if this was just the Browndale parcel or all of the parcels. Councilmember Basill replied his suggestion was if another parcel came before Council with an amendment to the Comp Plan from park designation to residential, they wait until the study session has been held. He asked staff if there would be another coming with Park designation before June. Ms. Larsen replied there was one other parcel that had the Comp Plan Park designation and that wouldn’t be before Council until the end of summer. Councilmember Sanger asked regardless of the designation, are there any other parcels staff intended to ask council for official action before June? Mr. Locke replied there was one next on the agenda. The motion passed 5-1 with Councilmember Paprocki opposed. 6d. 4200 Natchez Avenue South – Request for Vacation of a portion of the unbuilt Natchez Avenue South, Case No.: 06-25-VAC St. Louis Park Council Meeting Item: 050106 - 3b - Council Mtg Minutes April 17, 2006 Page 11 Ms. McMonigal presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. It was moved by Councilmember Carver, seconded by Councilmember Paprocki to adopt first reading of an Ordinance approving the Vacation of a portion of Natchez Avenue South and set second reading for May 1, 2006. Councilmember Basill wanted to clarify if this lot was needed for drainage and could a home be built without any flooding problems? Ms. Larsen replied the 28 foot wide easement was for drainage and utility purposes. As recommended by the Engineers and determined it would be best to have a wider easement to accommodate drainage. The southern seven lots would remain vacant and allow for holding of water. Soil borings were conducted on this parcel and analyzed by the engineering firm and the homes would need to be built on pilings. The costs of the soil corrections will be significant, up to $40,000, which would be made know to perspective buyers. This is similar to the homes to the West. Councilmember Basill asked staff to assure the homes were built correctly. Councilmember Sanger asked the size of the home. Ms. Larsen replied the home could be 35’ wide (fronting 42nd Av). If two stories high, it could easily be a move-up home. The motion passed 6-0. 8c. 4200 Natchez Avenue South – Preliminary and Final Plat of Wooddale Park First Addition, Case No.: 06-24-S Resolution No. 06-074 Ms. McMonigal presented the staff report. It was moved by Councilmember Finkelstein, seconded by Councilmember Carver, to adopt Resolution No. 06-074 approving Wooddale Park First Addition Preliminary and Final Plat. The motion passed 6-0. 8d. Junior High Addition – Deleted from agenda 9. Communications Mayor Jacobs reported the Lenox spaghetti dinner will be held Friday at 4:30. The Home Remodeling Fair will be April 23rd, from 12-4. Councilmember Paprocki encouraged residents to become involved in the remodeling fair. 10. Adjournment The meeting adjourned at 8:30 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 050106 - 4a - Vac Of Natchez Ave 2nd Rdg Page 1 4a. Motion to adopt second reading of an Ordinance approving the Vacation of a portion of Natchez Avenue South, approve summary and authorize publication. Description of Request: As a part of the Excess Land process, 4200 Natchez Avenue South was determined to be a parcel that would be sold for single-family homes. Natchez Avenue South is on the east side of the parcel, and was not ever constructed. It is proposed that a portion of the right-of-way for the street be vacated and added to one of the parcels proposed to be sold for a single family home. The portion to be vacated would extend 156 feet south of 42nd street, alongside the proposed Lot 2, Wooddale Park 1st Addition. There is not a need for access to homes via this Natchez Avenue right-of-way. Recommendation: Staff recommends adoption of the 2nd reading of the ordinance vacating the right-of way for a portion of Natchez Avenue South, located south of 42nd Street West. Attachments: Ordinance Summary for publication Location map Survey showing location of easement to be vacated Prepared by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 4a - Vac Of Natchez Ave 2nd Rdg Page 2 ORDINANCE NO. 2314-06 AN ORDINANCE VACATING PORTION OF NATCHEZ AVENUE SOUTH SOUTH OF 42ND STREET 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 portion of Natchez Avenue South proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 6, 2006, and the City Council has conducted a public hearing upon said petition and has determined that the portion of the street is not needed for public purposes, and that it is for the best interest of the public that said portion of the street be vacated. Section 2. The following described street vacation, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of Natchez Avenue South, (formerly known as West Avenue, as dedicated in WOODDALE PARK, according to the recorded plat thereof, Hennepin County, Minnesota), which lies southerly of the easterly extension of the north line of Lot 1, Block 1, in said plat, and which lies northerly of the easterly extension of the south line of Lot 11, said Block 1. Reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across 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. Sec.4. This Ordinance shall take effect fifteen days after its publication. First Reading April 17, 2006 Second Reading May 1, 2006 Date of Publication May 11, 2006 Date Ordinance takes effect May 26, 2006 Reviewed for Administration Adopted by the City Council May 1, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 050106 - 4a - Vac Of Natchez Ave 2nd Rdg Page 3 SUMMARY ORDINANCE NO.2314-06 AN ORDINANCE VACATING PORTION OF STREET This ordinance states that a portion of Natchez Avenue South south of 42nd Street shall be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 1, 2006 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: May 11, 2006 St. Louis Park Council Meeting Item: 050106 - 4a - Vac Of Natchez Ave 2nd Rdg Page 4 St. Louis Park Council Meeting Item: 050106 - 4a - Vac Of Natchez Ave 2nd Rdg Page 5 St. Louis Park Council Meeting Item: 050106 - 4b -3300 Decatur Ln Page 1 4b. Motion to approve second reading of an Ordinance approving the vacation of a utility easement at 3300 Decatur Lane, adopt Ordinance, approve summary, and authorize publication. Case No.: 06-26-VAC Description of Request: Dan and Maja Salmon, applicants, are requesting the vacation of a utility easement that runs directly behind their home. Because of the location of the utility easement, the applicants are unable to expand their home to the north. Background: The City Council adopted the first reading of the Ordinance approving the vacation request on April 17, 2006. The City Engineer has reviewed the requested vacation and determined that there is no current or future use planned for the easement. The private utilities serving the City have also been contacted, and have not raised any concerns in regards to the proposed vacation. Recommendation: Staff recommends adoption of the second reading of an ordinance vacating the utility easement serving 3300 Decatur Lane and publication of the summary ordinance. Attachments: Ordinance Summary Ordinance Location map Survey showing location of easement to be vacated Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 4b -3300 Decatur Ln Page 2 ORDINANCE NO. 2315-06 AN ORDINANCE VACATING UTILITY EASEMENT OVER THE PROPERTY OF 3300 DECATUR LANE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the utility easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 6, 2006, and the City Council has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The following described utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: Lot 15, Block 1, Minnehaha Gables Annex, Hennepin County, Minnesota Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. First Reading April 17, 2006 Second Reading May 1, 2006 Date of Publication May 11, 2006 Date Ordinance takes effect May 26, 2006 Reviewed for Administration Adopted by the City Council May 1, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 050106 - 4b -3300 Decatur Ln Page 3 SUMMARY ORDINANCE NO. 2315-06 AN ORDINANCE VACATING UTILITY EASEMENT This ordinance states that a utility easement over the property of 3300 Decatur Lane will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 1, 2006 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: May 11, 2006 St. Louis Park Council Meeting Item: 050106 - 4c - Bid Tab 2006-0100 Lake Street Recon Page 1 4c. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,568,575.00 for the 2006 Lake Street Reconstruction Project – City Project No. 2006-0100 Background: Bids were received on April 20, 2006 for the 2006 Lake Street Reconstruction Project. The segment of Lake Street from Minnetonka Boulevard to Walker Street has been identified in the City’s Capital Improvement Program for reconstruction in 2006. Included within the proposed reconstruction is Wooddale Avenue from Lake Street to T.H. 7 and Dakota Avenue from W. 33rd Street to Lake Street. The purpose of the project is to essentially replace the existing pavement and curb and gutter which has aged and is reaching the end of its serviceable life. Also proposed with the project would be improving pedestrian access and safety, including the completion of sidewalk on the northwest side of Lake Street, and lighting enhancements as needed. The proposed reconstruction design will also consider traffic calming techniques as may be applicable, desired parking needs and an appropriate width for the street. A total of six (6) bids were received for this project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on March 30 and April 6, 2006 and in the Construction Bulletin on March 31 and April 7, 2006. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Hardrives, Inc. $1,568,575.00 C.S. McCrossan $1,573,336.87 Midwest Asphalt Corporation $1,623,927.65 Bituminous Roadways $1,667,088.70 Valley Paving * $1,674,102.25 Northwest Asphalt $1,782,215.78 Engineer’s Estimate $1,652,201.50 *Bid corrected upon extension Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends Hardrives, Inc. as the lowest responsible bidder. Hardrives, Inc. is a reputable contractor who has worked for the City before. Financial Considerations: The 2005/2006 CIP budgeted $1,424,916 for the reconstruction work along Lake Street and $177,840 for the work on Wooddale and Dakota Avenue. The work will be paid for using Municipal State Aid Funds (Gas tax monies). As explained in a previous staff report, the initial CIP estimate did not include traffic calming techniques and new street lights or sidewalk. However, the cost increase from the CIP estimate can still be funded within our available State Aid budget. Construction Timeline: Work is anticipated to begin in late May, early June. All of the project work will be completed by the end of September pending extended adverse weather conditions. Construction phasing and timing will be coordinated as much as possible with Mn/DOT Hwy 100 construction work to minimize related traffic problems. St. Louis Park Council Meeting Item: 050106 - 4c - Bid Tab 2006-0100 Lake Street Recon Page 2 Lake Street and Zarthan Avenue Traffic Signal: At the March 20, 2006 Council Meeting, Staff presented the City Engineer’s Report requesting the approval of the Lake Street Reconstruction Project and authorization to advertise for bids. In the report, staff recommended as part of the project, to remove the traffic signal at Zarthan Avenue and Lake Street and replace it with four-way stop signs. Council members and residents expressed concerns regarding replacement of the traffic signal at Zarthan Avenue with four-way stop signs. Councilmember Sanger asked if the signal could remain in place while four-way stop signs were being tested / evaluated; in the event the four-way stop sign condition didn’t work, the signal system could be re-activated. Upon further Council discussion, Council approved the project as presented by staff, but directed staff to study the feasibility of leaving the signal in place pending evaluation of a four way stop condition at this location. Staff has determined the traffic signal can remain in place as requested by Council. To test / evaluate the four-way stop condition, staff will set the signal in the flashing red condition on all approaches; this mode of operation creates a four-way stop condition. For an effective evaluation, staff recommends testing the four-way stop condition for a period of one year beginning upon completion of the reconstruction project (approximately September 2006). During this time, should traffic conditions deteriorate to an unacceptable level, the signal can be immediately restored to its full operational mode. Before and after conditions will be measured and evaluated with respect to congestion, traffic volumes, and accident history. Public comment will also be solicited after the test period as an aid in determining the level of acceptance of the four way stop condition. Staff will present findings and a recommendation for long term traffic controls at this location to Council at the end of the one year test period. 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 Council Meeting Item: 050106 - 4d - Special Assess Dutch Elm 1820 Flag Ave Page 1 4d. Motion to Adopt Resolution Authorizing Special Assessment of Dutch Elm Diseased Tree Removal For Property at 1820 Flag Ave. South Background: At the July 26, 2004 Study Session, Council discussed the large volume of trees that are required to be removed due to Dutch Elm Disease (DED). At that time, a program was introduced which allows home owners to have the cost of removal of these trees assessed to their property. This program allows an assessment to be placed on the property and repaid over a specific number of years based on the dollar amount of the assessment. Since October of 2004, seventeen (17) assessments have been approved for this program. At this time, the City has received one (1) additional petition for special assessment. This petition indicates that the property owner will waive their right to a public hearing and wish to have the cost of the removal of the DED tree placed as a special assessment against their property. The total dollar amount that will be assessed to the property at 1820 Flag Avenue South is $2,001.58 at an interest rate of 6.21%. Diseased trees continue to be removed and staff anticipates there will be additional residents that want to take advantage of the special assessment program. Any additional requests for this program that come in before mid-November will be placed as an assessment on the 2007 property taxes. After that date, the assessment will be on the 2008 property taxes. Attachments: Resolution Prepared By: Jodi Bursheim, Assistant Finance Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 4d - Special Assess Dutch Elm 1820 Flag Ave Page 2 RESOLUTION NO. 06-079 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT OF DUTCH ELM DISEASED TREES AT 1820 FLAG AVENUE SOUTH WHEREAS, the Property Owners at 1820 Flag Avenue South (“Benefited Property”) have petitioned the City of St. Louis Park to authorize a special assessment for the removal of Dutch Elm Diseased tree(s) on the Benefited Property; and WHEREAS, the Property Owners have agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Forester related to the removal of Dutch Elm Diseased trees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the Dutch Elm Diseased trees is hereby accepted. 2. The removal of the Dutch Elm Diseased trees in conformance with the specifications on file in the office of Park & Recreation, Environmental Division is hereby authorized. 3. The total estimated cost for the removal of Dutch Elm Diseased trees is accepted at $2001.58. 4. The Property Owners have agreed to waive their rights to public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners agree to pay the City for the cost of the above improvements through special assessment over a three (3) year period at 6.21% interest. 6. The Property Owners agree to execute an agreement with the City and any other documents necessary to implement the removal of Dutch Elm Diseased trees and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 4e - Approve Contract Ped Bridge - TKDA 2005-1200 Page 1 4e. Motion to approve a contract with TKDA for providing Professional Services for Design and Construction Administration of the CSAH 25 Pedestrian Bridge, Improvement Project No. 2005-2100. Background: A contract with TKDA for the CSAH 25 Pedestrian and Bicycle Crossing, Improvement Project No. 2005-2100, was originally approved in October of 2005. That particular contract provided for an amount of $14,900 to prepare a feasibility report and concept design for the proposed CSAH 25 crossing west of Raleigh Avenue. Since that time, TKDA provided technical scoping and feasibility alternatives for a bridge or tunnel at various locations along CSAH 25 between Carpenter Park and T.H. 100. TKDA’s work also included additional field survey and geotechnical work to assist in determining feasibility. As a result of the scoping process, Council directed staff to proceed with design plans for a bridge to be located near the east side of Carpenter Park. Additional Information: TKDA has provided a new Proposal for Engineering Services that would allow for the design and construction of the bridge and connecting trails in the amount of $187,700. This proposal provides for a design and construction services contract that is in addition to the previous feasibility study already completed. Included in this amount would be project management, supplemental surveys, preliminary and final design, plans and specifications (bridge and trail), and construction and contract administration. Based upon the estimated construction cost of the bridge and trail, the total fees for the feasibility report, design, and construction services would be less than 20% of the construction cost. This amount on a percentage basis is generally consistent with engineering fees paid for similar types of projects. A copy of TKDA’s Proposal that summarizes these work efforts and hours in more detail is attached. Funding: As mentioned in the previous report, the City has received verbal commitments for funding of the project from Hennepin County, Mn/DOT, and the Three Rivers Park District. A formal Cooperative Agreement is currently in the process of being drafted. Pending final adoption of a Cooperative Agreement, the City of St. Louis Park will be responsible for developing and constructing the crossing over CSAH 25. Obligations of the Park District and Hennepin County will be to finance a portion of the CSAH 25 crossing as agreed. As committed, Hennepin County will provide an amount of $200,000 while Three Rivers Park District will participate up to a maximum of $500,000. Mn/DOT has committed to designing and constructing the portion of trail located within the construction limits of the T.H. 100 Interim Project, or from Minnetonka Boulevard south to approximately Salem Avenue. The City (as included in TKDA’s contract) will be responsible for constructing the trail from Salem Avenue to the north end of the bridge, and from the south end of the bridge to the SWLRT Regional Trail at Beltline Boulevard. St. Louis Park Council Meeting Item: 050106 - 4e - Approve Contract Ped Bridge - TKDA 2005-1200 Page 2 With engineering and administrative costs included, the total project cost is estimated to range from 1.5 to 1.7M. At this time, additional costs for utility relocations or additional right of way are not anticipated, but would add to the cost if required. Therefore, total City costs could range from $800,000 to $1,000,000. So far, $500,000 in HRA funds have been designated towards this project. RECOMMENDATION: Staff recommends that authorization be granted to enter into an agreement with TKDA in the amount of $187,700 as provided in their proposal dated April 13, 2006 in order to provide design and contract administration services for Improvement Project No. 2005-2100 as described above. Attachment: Authorization Professional Services Agreement TKDA letter and proposal dated April 13, 2006 (Supplement) Prepared By: Scott A. Brink, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 4e - Approve Contract Ped Bridge - TKDA 2005-1200 Page 3 CITY OF ST. LOUIS PARK AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TKDA CITY PROJECT NO. 2005-2100 THIS AGREEMENT is made on May 1, 2006, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “CITY”, and TKDA. BACKGROUND The City of St. Louis Park has received a proposal from TKDA dated April 13, 2006 detailing professional services in the amount of $187,700 for the design and construction administration of the CSAH 25 Pedestrian Bridge. NOW, THEREFORE, in consideration of the above facts and mutual covenants herein contained, it is hereby agreed that the City of St. Louis Park enter into an agreement with TKDA to provide professional services for the design and construction of City Project 2005-2100 as follows: I. Services and compensation shall be provided as stated in the Proposal for Engineering Services dated April 13, 2006 submitted by TKDA. II. The contract shall terminate June 1, 2007. III. Total compensation to TKDA for all services rendered pursuant to this Agreement shall not exceed $187,700. EXECUTED as to the day and the year first above written. CITY OF ST. LOUIS PARK, MINNESOTA TKDA Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 4f - Amnd No. 1 Cont 98-04 SRF Streetscape Page 1 4f. Motion to approve Amendment No. 1 to contract 98-04 providing additional Professional Services related to Excelsior Boulevard Street Improvement Project, Project No. 2004-0400. BACKGROUND: The City Council approved a contract on October 4, 2004 with SRF in the amount of $77,183 for design, participation in the public process, and plan preparation services related to the Excelsior Boulevard Streetscape Improvement (Special Service District No. 4). The streetscape improvement project is being done in conjunction with Hennepin County’s road reconstruction project. ADDITIONAL INFORMATION: The original contract provided for specific design, public process, and plan preparation services for Project No. 2004-0400. Since that time staff has determined additional services are necessary to complete the project including additional public information and property owner meetings, writing legal descriptions for the landscape easements, and design / plan revisions. This additional work, not allowed for in the original contract, is described in the attached Exhibit C. FUNDING: The funding for this project is part of the TIF Excelsior Boulevard project previously approved by Council. RECOMMENDATION: Staff recommends Contract No. 98-14 be amended to increase the contract amount by $15,850 to a total cost of $93,033 in order to provide additional professional design and contract administration services for Improvement Project No. 2004-0400 as described above. Attachment: Exhibit “C” SRF Letter Amendment No. 1 to Contract No. 94-05 Prepared By: Scott Merkley, Public Works Coordinator Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 4f - Amnd No. 1 Cont 98-04 SRF Streetscape Page 2 CITY OF ST. LOUIS PARK AMENDMENT NO. 1 TO CONTRACT NO. 98-04 THIS AMENDMENT NO. 1 to Contract No. 98-04 is made on March 13, 2006, between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “CITY” and SRF CONSULTING GROUP, INC. hereinafter referred to as “SRF”. BACKGROUND. On October 4, 2004, the City and SRF entered into Contract No. 98-04 for professional services for the Streetscape project preparation on Excelsior Boulevard from TH 100 to Louisiana Avenue. Under the current agreement services provided include data collection, public involvement, preliminary design, preparation of final plans and specifications, and bidding administration. Since that time it has been determined additional services are necessary to complete the project including additional public information property owner meetings, writing legal descriptions for the landscape easements, and design / plan revisions. This additional work is described in the attached Exhibit C. NOW, THEREFORE, in consideration of the above facts and mutual covenants herein contained, it is hereby agreed that Contract No. 98-04 is amended as follows: 1. The scope of work shall be amended to include the additional work described in the attached Exhibit “C” and made part of this Agreement. 2. The length of Contract No. 98-04 shall be completed by October 1, 2006. 3. The total compensation to SRF for all services rendered pursuant to Contract No. 98-04, as amended, shall not exceed $93,033. IT IS FURTHER AGREED that all other provisions of Contract No. 98-04 shall remain unchanged and fully effective, and this Amendment shall become an integral part thereof. EXECUTED as to the day and the year first above written. CITY OF ST. LOUIS PARK SRF Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 4f - Amnd No. 1 Cont 98-04 SRF Streetscape Page 3 O:\Pubwks\Agreements & Contracts\Consultants\SRF\98-04 Amendment No. 1 St. Louis Park Council Meeting Item: 050106 - 4f - Amnd No. 1 Cont 98-04 SRF Streetscape Page 4 St. Louis Park Council Meeting Item: 050106 - 4g - Fire Sprinkler Access 6327 Cambridge St Page 1 4g. Motion to approve Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 6327 Cambridge Street. Background: William F. Smith, owner(s) of the commercial building at 6327 Cambridge Street, have requested the City to authorize the installation of an automatic fire suppression sprinkler system for the commercial building and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system due to a major remodeling project of the building. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work, the system qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the installation of the fire sprinkler system and special assess the cost of the installation. Sprinkler plans have been submitted and approved by City staff. The total eligible cost of the installation has been determined to be $60,388.00. An Administrative Fee of $302.00 will be added to the special assessment. Staff has determined that adequate funds are available through the Permanent Improvement Revolving Fund to fund this special assessment project. Attachments: Resolution Prepared By: Cary Smith, Fire Marshal Through: Luke Stemmer, Fire Chief Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 4g - Fire Sprinkler Access 6327 Cambridge St Page 2 RESOLUTION NO. 06-080 RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 6327 Cambridge Street, St. Louis Park, MN 55416 WHEREAS, William F. Smith commercial property, located at 6327 Cambridge Street has petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in the building on the Benefited Property; and WHEREAS, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $60,388.00. 4. An administrative fee of $302.00 for processing shall be added to the special assessment. 5. The total special assessment against the property will be $60,690.00. 6. The Property Owners have agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 7. The Property Owners agree to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at six point twenty-five percent (6.25%) interest. St. Louis Park Council Meeting Item: 050106 - 4g - Fire Sprinkler Access 6327 Cambridge St Page 3 8. The Property Owners agree to execute an agreement with the City and any other documents necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 4h - Westdale Pk Change Order No. 1 To Project No. 2006-1300 Page 1 4h. Motion to approve Change Order No. 1 for Improvement Project No. 2006-1300, Westdale Park Detention Pond. Background: City Council approved Improvement Project No. 2006-1300 at their November 21, 2005 meeting which provided for the construction of a water quality detention pond at Westdale Park located just east of Flag Avenue and adjacent to Westwood Lake. This project is being constructed in partnership with the Bassett Creek Watershed Management Commission (BCWMC) to improve the water quality at Westwood Lake. The project was advertised, bid and awarded to Olympic Construction on January 3, 2006 in the amount of $108,748.00. Additional Information: Part of the construction with this project involved removing an old concrete storm sewer pipe and 4 creosol treated timber piles. The timber piles are essentially telephone poles driven into the ground to support the storm sewer in the marshy soils. During the removal of the timber piles, it was discovered that creosol had leached into the soils and the water immediately around the piles. As a result of the discovery it was necessary to follow proper removal and disposal methods of the impacted soil and water. The City’s consulting engineer administering this project, Barr Engineering, notified the appropriate agencies to obtain approval of a disposal plan. The plan resulted in pumping the impacted water into the sanitary sewer system which allowed for treatment at the regional facility and the impacted soils were loaded into dumpsters and transported to a landfill for disposal. For this extra work, Barr Engineering negotiated on behalf of the City for a lump sum amount of $15,756.32. Funding: Funding for this project will be provided from monies designated by the Bassett Creek Watershed Management Commission (BCWMC). Monies will be collected by a County tax levy from those properties within the Basset Creek Watershed. The City is paying for the up front project costs and will be reimbursed for these costs in 2006 and 2007 as set forth in a cooperative agreement with BCWMC. Any change orders necessary for the successful of the project are eligible for funding from BCWMC. RECOMMENDATION: Staff recommends approval of Change Order No. 1 for Project No. 2006-1300, in the amount of $15,756.32. Attachment: Change Order Proposal (Supplement) 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 Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 5, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Jerry Timian STAFF PRESENT: Meg McMonigal, Sean Walther, Greg Hunt, Kathy Larsen, and Nancy Sells 1. Call to order - Roll Call 2. Approval of Minutes of March 8, 2006 and March 15, 2006 Commissioner Person moved approval of the minutes of March 8, 2006. Commissioner Morris seconded the motion. The motion passed on a vote of 6-0. Commissioner Johnston-Madison reported that on the last page of the minutes for March 15th, she would like to have it read: The Planning Commission is passing up an opportunity that we don’t always have when presented with dividing a lot, and it would be an advantage to the neighborhood rather than a problem in the neighborhood. Commissioner Kramer moved approval of the minutes of March 15, 2006 as amended. Commissioner Morris seconded the motion. The motion passed on a vote of 6-0. 3. Hearings: A. Village in the Park Phase II - Preliminary Planned Unit Development and Preliminary Plat (continued until April 26, 2006) Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case Nos.: 05-77-PUD and 05-78-S B. Hoigaard’s at Miracle Mile – Major Amendment to Special Permit (continued until April 26, 2006) Location: 5313 Excelsior Boulevard Applicant: Hoigaard’s Inc. Case No.: 06-19-CUP C. Highway 7 Corporate Center (Golden Auto site) – Comprehensive Plan Amendment and Zoning Map Amendment Location: 7003 W. Lake Street Applicant: CPE Exchange (Paul Hyde) Case No.: 06-20-CP and 06-21-Z St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 2 Senior Planner Sean Walther presented the staff report. In regard to the vacation of Hampshire Avenue, Chair Carper asked about the current use of Hampshire Avenue and whether or not the vacation would create an adverse impact. Mr. Walther said the buildings currently served by Hampshire Avenue are along the east side of Hampshire and are part of the redevelopment project, and will be part of the total redevelopment. The buildings are controlled by the applicant Paul Hyde. Commissioner Morris asked about the need to reclassify the south portion of the parcel as Industrial if the future use is unknown. Mr. Walther said it could become a redevelopment site in the future, however, there is a long-term lease with Methodist Hospital. Commissioner Morris remarked that any development on that parcel will be guided to Industrial. Paul Hyde, owner and developer of Real Estate Recycling (RER), said he and RER have been redeveloping polluted sites for 11 years. Chair Carper and Commissioner Johnston- Madison acknowledged and thanked Mr. Hyde for his work in the St. Louis Park. Chair Carper opened the public hearing. With no one wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson said he very much supports the request as he encourages keeping industrial zones. Commissioner Morris fully favors the project and said he would like to preface his vote for approval with the fact that he thinks it won’t be a done deal for what is to be done with the silver lot. He has not yet decided on the use of the silver lot. Commissioner Morris said his concern is if this is approved, the parking lot, not the silver lot, is not automatically approved. Economic Development Coordinator Greg Hunt said the two are tied together. The requirement with Methodist Hospital is that the developer provide for up to 800 parking stalls for Methodist Hospital’s offsite parking needs. Commissioner Morris said if the Comprehensive Plan change and the zoning change are approved, the result would be approving Highway 7 and Louisiana as a parking lot. Planning and Zoning Supervisor Meg McMonigal said a parking lot for Highway 7 and Louisiana is a permitted use so there will not be an approval of that use coming through the Planning Commission except for a Conditional Use Permit for excavation and fill. Mr. Hunt said the parcel is impacted with contaminants and a parking lot would serve as a cap. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 3 Commissioner Morris said for several years the parcel had been viewed as a development parcel and several plans have passed through the Planning Commission regarding office, restaurant, and medical facilities. Commissioner Morris is concerned about taking that parcel out of the development use. Mr. Hunt said in the future, a grade separated interchange will be required, therefore, it doesn’t make sense to develop that property. Because it is a city-owned property, it has been pulled from the market. The parking lot at Highway 7 and Louisiana is an interim use. Commissioner Kramer moved to recommend approval of the Comprehensive Plan amendment to change the land use designation from Commercial to Industrial and moved to recommend approval of a zoning map amendment from C2—General Commercial to IP—Industrial Park. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. D. Preliminary and Final Plat to Create Two Single Family Lots Location: 4200 Natchez Case Nos.: 06-24-S Applicant: City of St. Louis Park Planning and Zoning Supervisor Meg McMonigal presented the staff report. The report states that as a part of the Excess Land process, 4200 Natchez Avenue South was determined to be a parcel that would be sold for a single-family home. A Preliminary and Final Plat for this property are required to facilitate the sale. The plat includes two lots for new single-family homes, as well as dedication of the adjacent alley to the west. A portion of the un-built Natchez Avenue South on the east side is intended to be vacated to become part of Lot 2. Staff is recommending approval of the Preliminary and Final plat. Ms. McMonigal said there is one change to the conditions listed in the staff report: a sidewalk should not be required on these lots, as it would not connect to any other sidewalk. Commissioner Robertson asked Ms. McMonigal to go through the difference between the Preliminary and the Final Plat. Ms. McMonigal said staff thought half of Natchez Avenue was in Edina and half in St. Louis Park. Upon further review, it was determined that the entire right-of-way for Natchez Avenue is in St. Louis Park, so that was added to the entire plat. It will have to be vacated which is an action to take place at the City Council level. The approval for the Preliminary Plat is a formality. Chair Carper opened the public hearing. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 4 John Novicki, 4718 Ottawa Court, tried to purchase the property in the 1990s. Housing Program Coordinator Kathy Larsen responded that the Public Works department has determined that lots further to the south shall be retained and kept for open space and for drainage purposes. Ms. Larsen said the most southerly lots will not be sold. John Deinema, 4201 Ottawa Avenue South, asked if the lot will be filled prior to building houses. Some soil correction, and likely fill, will be necessary. Mr. Deinema asked if the lots would be north-facing, with curb cuts for facing 42nd Street. Ms. McMonigal replied yes, the intent is the lot closest to Mr. Deinema on the west would have access to a garage from the alley; the other lot would gain access from 42nd Street and there would be a curb cut, so one additional curb cut along 42nd Street. Mr. Deinema asked if piles would be used. Ms. Larsen said staff went through soil borings on this parcel from about five years ago. There is about 14 feet of peat so construction is possible but would require a special construction technique. Ms. Larsen said an engineer’s report would be included with recommendations for construction to anyone who purchases the lot. Chair Carper closed the public hearing. Commissioner Morris asked: By disposing of the two parcels that front on 42nd Street, are we land locking the remaining parcels? Ms. McMonigal replied, yes, essentially we are but they are not intended to be developed because they will remain city-owned and are intended to remain that way as a low area for the collection of water. Commissioner Morris asked how would the city perform maintenance, will the public alley be the main access point? Ms. McMonigal said the public alley or the drainage and utilities easements along the plats will provide access. Chair Carper asked about addressing for the plats. Ms. McMonigal said the two lots will get two new addresses; 4200 Natchez is currently being used as a general reference to this parcel throughout the excess land process. Commissioner Person asked if the access to the easterly lot would be a curb cut off of 42nd. Ms. McMonigal said yes, but access for the westerly lot would be through the existing alley on the west of the property, therefore, the intent would be to have the design of the house so that the access is off of the alley. Chair Carper asked if the builder could choose where the access would be, i.e., the curb cut or the alley. Ms. McMonigal said as part of the Excess Land process, the city also has a design process; the preference here is that the access be off of the alley and the garage be situated to the rear of the home. Commissioner Morris made a motion to recommend approval of Browndale Park Second Addition Preliminary and Final Plat. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 5 Correction: Ms. McMonigal made a correction to the staff report and the motion. She said it is Wooddale Park First Addition and not the Browndale Park Second Addition. As maker of the original motion, Commissioner Morris said he would like to amend it to correct it to the Wooddale Park. Commissioner Morris made a motion to recommend approval of Wooddale Park First Addition Preliminary and Final Plat. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. E. Comprehensive Plan Amendment and Plat to Create One Single Family Lot Location: 4525 Morningside Case Nos.: 06-02-CP and 06-03-S Applicant: City of St. Louis Park Ms. McMonigal presented a staff report. According to the staff report, 4525 Morningside Road was determined to be a parcel that would be sold for a single-family home. An amendment to the Comprehensive Plan and a Preliminary and Final Plat for this property are required to facilitate the sale. The Comprehensive Plan amendment will change the lot’s designation on the Comprehensive Plan from Parks and Open Space to Low Density Residential. The plat includes two lots—one for a new single family home and one that includes the neighboring property at 4309 Browndale Road, and adds 8.89 feet of width by 155 feet of depth to it. Commissioner Morris said the dedication language in the final plat should also state “the easement for public street,” i.e., dedicate the street as being added in. Ms. McMonigal said it will be added. Chair Carper opened the public hearing. Mac Chatfield, 4252 Toledo, a frequent user of Browndale Park, opposed the motion to amend the Comprehensive Plan. He cited the Comprehensive Plan for park and open space in a document already approved, and to sell that lot is contrary to the goals of the Comprehensive Plan. Mr. Chatfield said in November 2005 the Council discussed what to do with the funds generated by the sale of the property. In part, Council said the revenues would not be placed in the general fund but would serve the needs relating to an environment and the need for open space. Mr. Chatfield said by selling this, you are going opposite of what the desires are. He urged the Comprehensive Plan not be amended. Patsy Monson, 4240 Browndale Avenue, asked for a clarification regarding the zoning of Browndale Park. Ms. McMonigal said the property is zoned R-1, single family residential, and it also includes parks and open space in the city. Most parks and open space have an R-1 zoning. Ms. Monson asked: Why was this put on the Excess Land list in the first place? Why is a park deemed excess land? St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 6 Commissioner Robertson was on the Excess Land Committee, and he said it was explained to him that although it is designated on the Comprehensive Plan as an open space it was not owned or maintained by St. Louis Park nor did St. Louis Park desire to own or maintain it, therefore, it was deemed excess land. Ms. Monson asked, why then change the land use designation of it? Ms. McMonigal said the designation needs to be changed in order to place a single-family home on the lot to show that the Comprehensive Plan would be residential, low density as the land use. Ms. Monson said so a park is really not a park and can be sold willy-nilly. That is what the neighborhood is concerned about because it has been a park for 60 years, it has been used as a park, and it has been maintained by the City of St. Louis Park as a park. Ms. Monson would like it to remain designated as a park. Chair Carper asked if the Parks department or the City has maintained this area. Ms. Larsen said she doesn’t know. It was determined by the Task Force and the Council that this parcel is not integral to the park. Ms. Monson asked: What prevents the sale of remaining lots that make up the rest of Browndale Park? Chair Carper said essentially nothing other than the process that exists to sell any other pieces of property the City owns. Commissioner Kramer asked if that corner of land was part of the park originally or part of tax forfeited land that became annexed to the park. Ms. Larsen said this parcel is not a tax forfeit parcel, the City owns it outright. It was probably acquired through condemnation. Ms. Monson said it was a swamp and a lake. Reverend Molly Cox, 4920 Morningside Road, opposes the motion. Reverend Cox has lived on Morningside Road for 35 years. Browndale Park is extremely important to the neighborhood—it is the focus and center of the neighborhood. It has been used and cared for and loved in the past 10 years better than ever before. Bruce Fisher, 4359 Browndale, said the park is common space, and common space is important. Mr. Fisher asked: What will be done with the money from the sale of the parcel? It is park land and should be maintained as park land. Commissioner Morris asked: What is the difference between city-owned land and city-owned land used as park? Ms. McMonigal said it is all city-owned, St. Louis Park does not have a Park Board. Chair Carper asked about various maintenance departments. Ms. McMonigal said there is a separate parks maintenance department and they maintain the parks, including Browndale Park. Commissioner Kramer asked, what was the identifying force behind the Browndale parcel? Ms. Larsen said the original identification of the parcels was done in 1995 by the Parks and Open Space Study. They studied 397 vacant parcels in the City. Browndale was identified as not integral to the park. Commissioner Kramer asked speakers to state why they find this part of the park to be integral. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 7 The question asked was: Is this parcel considered a gateway to the park. The audience responded yes. Susan Cantor, 4249 Utica Avenue South, said yes, it is a gateway to the park. It is integral because by and large it is a very sunny park and that parcel provides shade. John Lawson, 4320 Browndale, said the park attracted him to buy his home. Mr. Lawson mentioned a letter sent to residents by the City of St. Louis Park, dated the 7th, and it discussed the aging street program and modifications to the street for a cable down Browndale Park. The maps show the park going to the corner of Morningside and Browndale. Mr. Lawson doesn’t want to call St. Louis Park the “City that sells the Park.” There are several celebrations in Browndale Park and he anticipates having those celebrations on that corner, if it is not sold. When this item came up, over 200 people signed a petition protesting the sale of this lot. If that lot is sold, Mr. Lawson said it would be a failure of a democratic process and a failure of a democracy right here in St. Louis Park. Chair Carper said he will accept the letter as an exhibit and will retain it permanently. Wendy Olson, 4316 Browndale, asked if the State allows the City to sell parkland. Ms. Olson would like to get a hold of the original plat and see if it states “the intent of the land.” She asked to table this item until they get the information. Some cities state in their Charters that parkland cannot be sold without a general election. Ms. Olson said that is not in the St. Louis Park Charter, but it should be. Ms. Larsen said when a plat is recorded and if it is dedicated as parkland, then there are different processes that a city would have to follow to sell the parcel. The original plat does not state it as being dedicated as parkland; therefore, it can be sold. Ms. Larsen said the City has a copy of the original plat and would be happy to share it with the neighborhood. The entire park is non-dedicated. Commissioner Johnston-Madison suggested that Ms. Larsen provide background information for the new commissioners on the Excess Land process. Chair Carper invited people wishing to address issues to send letters to the Charter Commission in care of the City Clerk and those actions will be considered. Lyn Osgood, 4337 Browndale, said neighbors do maintain the park. The park building has shifted closer to the streets and there are unknown traffic patterns. No traffic studies have been done. Ms. Osgood said that corner should be left as a flood region because of its low elevation. The park is the neighborhood connector. Ms. Osgood asked: Why would a home face Morningside? It would not be aesthetically pleasing. A home would create a blind spot on that corner. There are now 46 children on the park. Commissioner Robertson said zoning pretty much designates the short side of the lot as the front so it probably would face Browndale. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 8 Mike Schacherer, 4321 Browndale, said the selling point for him was the park. He purchased his home in August of 2005. He said the neighborhood is highly organized and vital. The neighborhood loves that park. Mari Salveson, 4309 Browndale, reviewed the support from the neighborhood, i.e., over 200 signatures have been gathered and over 70 representatives have spoken at meetings, and 200 yard signs ordered. Ms. Salveson asked: Can the R-1 zoning be changed so as not to exist? What about the little parks? Can we revote? Can we table it and have the Council look at it again. We need to protect open space and green space. Ms. Salveson said the Browndale Neighborhood Association would like to propose to buy the parcel. Commissioner Morris asked: How will the lot sale be conducted? Ms. Larsen said it will be a sealed bid process. Ms. McMonigal said Mari Salveson, the neighbor to the south, is a party to the plat. Ms. Salveson said for the record, she was highly involved in this, opposing the development of the land, and she met with Kathy Larsen. Ms. Salveson said take the 8.9 feet but let us have our park, and if a house is built, she wants it to be 8.9 feet less big. Nicole Lenzen, 4300 Browndale, said the parcel is a gateway. The intersection is dangerous and a home on that parcel would obstruct the view of people and children crossing. Do consider the importance of the parkland. Peter Lenzen, 4300 Browndale, said his concerns are: The loss of this land will take parkland away; removal of an access; and create a safety issue. Mr. Lenzen said stop signs are few. He wonders how much open space per person St. Louis Park has. The number of children should be considered. Mary Campbell, 4306 Browndale, said she agrees with the concerns voiced. With a new Council in place, could this issue be re-presented to them? She said she promised her 8- year-old son that she would ask: Why are you taking my 8-year-old son’s ball field away from him? Chair Carper said this item will go to Council on April 17th. Glen Sorenson, 4340 Browndale, said he thinks parkland is actually called public use land in the Minnesota Statutes. Commissioner Morris said Mr. Sorenson is correct, it is termed “dedicated for public use.” Ms. Osgood said St. Louis Park is in the middle of change. To tap into one lot doesn’t make sense. Jim Ertz, 4340 Coolidge, is a 40-year resident and he doesn’t want the park to be sold. Ms. Salveson said the neighborhood understood that sale would be open to St. Louis Park residents only, but they’ve since learned that isn’t so. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 9 Ms. Larsen remarked that the sale process has a preference for a St. Louis Park resident. Chair Carper closed the public hearing. Commissioner Robertson said he was part of the Excess Land Committee and also the Housing Summit. It was not about the money. He said the Task Force was aware of neighborhood concerns and how much the park has been used. Commissioner Johnston-Madison, also on the Excess Land Committee, said there were many months of discussion and it was never about the money, it was about move-up housing. Commissioner Kramer, also on the Excess Land Committee, said he would like to see if there is a way that the neighborhood is really serious about buying the property, to create a trust. He encourages the neighborhood to explore the trust concept. Commissioner Morris said he applauds the neighborhood for its work. He said the matter before the Planning Commission is to change the Comprehensive Plan only. The decision to sell the land has been made. Commissioner Morris supports the neighborhood’s idea of retaining it as a park and he urges the Browndale neighborhood to try to sway the Council to give it another review—some things may have changed. Chair Carper said he would like to find a way to facilitate the additional land for the neighbor. He thinks the park area should be kept as it is. Chair Carper will propose a motion that the City not sell the entire lot but does facilitate the expansion of the house next door to whatever lot could be necessary. Commissioner Johnston-Madison she didn’t think the Planning Commission could do that. Through a lengthy process it has already been decided that the lot will be sold. She said she is not comfortable giving non-approval back to the Council. Chair Carper thinks the Planning Commission can do this, saying that the Commission has its own opinions. Commissioner Johnston-Madison said she is not for amending the decision at all. Commissioner Robertson made a motion to recommend approval of an amendment to the Comprehensive Plan for 4525 Morningside Road from P – Park to RL – Low Density Residential and to recommend approval of Browndale Park Second Addition Preliminary and Final Plat. The motion was seconded by Commissioner Morris. The motion passed on a vote of 4-2 (Chair Carper and Commissioner Kramer opposed). Chair Carper said the Chair will not offer a recommendation to the Council at this time from the Commission that they should not sell that particular lot nor sell the additional land to the individual. St. Louis Park Council Meeting Item: 050106 - 4j - Planning Commission Minutes 040506 Page 10 4. Other Business 5. Communications A. Recent City Council Action – March 20, April 3 B. BOZA March 23 6. Adjournment The meeting was adjourned at 8:25 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 050106 - 6a - Vac Of Hampshire Ave 1st Rdg Page 1 6a. 3600 Block Of Hampshire Avenue South – Request for Vacation Case No.: 06-22-VAC Recommended Action: Mayor to close public hearing. Motion to adopt first reading of an Ordinance approving the Vacation of a portion of Hampshire Avenue South and set second reading for May 15, 2006. Description of Request: The applicant, Real Estate Recycling, requests the City vacate a 425-foot long segment of Hampshire Avenue South. It is a 60-foot wide road right-of-way lying south of Lake Street West. Background: Real Estate Recycling is requesting the vacation of the 3600 Block of Hampshire Avenue South to facilitate the redevelopment of the National Lead/Golden Auto property for a 79,000 square foot office/showroom/tech building (Highway 7 Corporate Center). The 425-foot long segment of Hampshire Avenue to be vacated is a 60-foot wide road right-of- way lying south of Lake Street West. The applicant owns all the properties that abut this portion Hampshire Avenue and use it for legal access. The vacated road right-of-way and neighboring lots would be replatted at a later date as RER Addition. The plat application is scheduled for a public hearing before the Planning Commission on May 3, 2006. Recommendation: Staff recommends adoption of the ordinance vacating the right-of way for a portion of Hampshire Avenue South, located south of Lake Street West. Attachments: Ordinance Location map RER Addition Final Plat showing location of right-of-way to be vacated (Supplement) Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 6a - Vac Of Hampshire Ave 1st Rdg Page 2 ORDINANCE NO.___________-06 AN ORDINANCE VACATING ROAD RIGHT-OF-WAY 3600 BLOCK OF HAMPSHIRE AVENUE 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 road right-of-way proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 20, 2006 and the City Council has conducted a public hearing upon said petition and has determined that the road right-of-way is not needed for public purposes, and that it is for the best interest of the public that said road right-of-way be vacated. Section 2. The following described road right-of-way, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That portion of Hampshire Avenue, platted in "Rearrangement of St. Louis Park" as Central Avenue, which lies Southerly of the Easterly extension of the Northerly line of Lot 4, Auditor's Subdivision No. 348, Hennepin County, Minnesota, also known as the southerly right of way line of Lake Street, and which lies northerly of the westerly extension of the Northerly line of Lot 3, of said Auditor's Subdivision No. 348, to the westerly line of said vacated street and that part of the Northeasterly one-half of said vacated street which lies northerly of a line drawn at right angles to the centerline of said vacated street, said line intersects the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No. 348. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council May 1, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 050106 - 6a - Vac Of Hampshire Ave 1st Rdg Page 3 St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 1 8a. Request of Real Estate Recycling for a Comprehensive Plan Map Amendment from Commercial to Industrial; and a Zoning Map Amendment from General Commercial (C2) to Industrial Park (IP) Location: 7003 Lake Street W Case No.: 06-20-CP and 06-21-Z Recommended Action: Motion to adopt a resolution approving the Comprehensive Plan amendment to change the land use designation from Commercial to Industrial, approve summary and authorize publication. Motion approving the first reading of an ordinance amending the Official Zoning Map from C2 – General Commercial to IP –Industrial Park and setting a second reading for May 15, 2006. REQUEST: Real Estate Recycling is requesting amendments to the Comprehensive Plan and Zoning Map. The proposal will make the designation of 7003 Lake Street West consistent with the designation of surrounding properties also owned by the applicant, and allows the applicant to proceed with redevelopment plans to construct a 78,900 square foot office/showroom building. The project requires several other City approvals and permits to proceed. These will be before the City Council in May and July. The other approvals will include: § Conditional use permit for soil remediation § Vacation of Hampshire Avenue § Preliminary and final plat § Conditional use permit to have more than 50% office use in the IP District § Landscaping variance § Front yard setback variance from Monitor Street Comprehensive Plan: Commercial Zoning: C2 – General Commercial Request: Industrial (Comprehensive Plan designation) IP – Industrial Park (zoning designation) Parcel Size: 419,760 square feet (9.63 acres) Current Land Use: Remote Parking Lot for Methodist Hospital 6,000 square foot building 2,400 square foot shed All Hours Towing (city impound lot) Proposed Land Use: Office/Showroom (78,900 square feet) St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 2 Map: BACKGROUND: Overall Project Summary: Real Estate Recycling (RER) plans to cleanup and redevelop the former National Lead/Golden Auto property located at 7003 Lake Street West along with several properties to the east along Hampshire Ave. RER will clear the existing buildings and excavate and treat the most heavily contaminated soils (“hot spots”) with a stabilization agent and then capping those soils on site with a new building and parking lots. When the contamination on the property has been properly addressed and the site prepared for redevelopment, RER intends to build a 78,000 square foot, multi-tenant office/showroom//tech building called the Highway 7 Corporate Center. The majority of the building will be office and finished space, but each tenant will also have flex space that could accommodate a variety of other uses (i.e. lab, assembly, manufacturing, warehouse, etc.). South of the new building, a 400-stall parking lot will be constructed. This new “Purple Lot” will continue to be leased to Methodist Hospital for its off-site employee parking needs. At this time, it is unclear if All Hours Towing will continue to operate at this location under its sublease with Methodist Hospital. The towing business is privately operated, but the City uses the impound lot. The vacant property owned by the City and EDA at the southwest corner of Hwy 7 and Louisiana Ave will be developed as a remote parking lot for Methodist’s remaining parking needs displaced by the new building on the former Golden property. This “Silver Lot” will accommodate approximately 420 vehicles and will be landscaped. It will exist until Methodist constructs a new ramp on the north side of its campus and/or a grade separated interchange is constructed at Highway 7 and Louisiana Avenue. The EDA/Council reviewed the preliminary Tax Increment Financing (TIF) application from Real Estate Recycling for its proposed redevelopment project at the September 26, 2005 study session where it was favorably received. The developer has requested a total $2,460,000 in TIF to facilitate the proposed project. The developer’s intended use for requested TIF is to assist with remaining soil remediation, site capping, utility relocation, building demolition, and St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 3 building owner and tenant relocation costs. The developer has obtained commitments for Environment Protection Agency (EPA) loans via Minnesota Department of Employment and Economic Development (DEED) and Hennepin County. The developer intends to repay these loans with the requested TIF assistance. The building portion of the proposed project will be conventionally financed through a private lender. Neighborhood land use and zoning The property is in the South Oak Hill Neighborhood. This diverse neighborhood contains a combination of low density residential (single-family houses and some duplexes) on the west side, industrial development on the east side, and “big-box” commercial on the east side of Louisiana Avenue. The land uses surrounding the subject property include Hennepin County Regional Railroad Authority (HCRRA) and Soo Line Railroad tracks along south property line, Sam’s Club to the west across Monitor Street, an electrical substation to the east, and Lake Street and Highway 7 to the north. The property is guided Commercial and zoned General Commercial. The properties to the north and west are also guided Commercial and zoned General Commercial. The properties to the east and south are guided Industrial and zoned Industrial Park. The South Oak Hill Neighborhood plan and Redevelopment Plan anticipates redevelopment of the small commercial buildings east of Hampshire Avenue. Related neighborhood redevelopment goals include consideration of regional trail locations and future Light Rail Transit on the HCRRA corridor, and requiring pedestrian connections to these features. The plan also identifies the neighborhood’s desire to stop train switching and the troublesome noise it generates. COMPREHENSIVE PLAN AMENDMENT AND REZONING: The Comprehensive Plan identifies a goal of maintaining the integrity of the industrial areas by providing opportunities for expansion and protecting the industrial areas from encroachment of other land uses. The Industrial Chapter of the Comprehensive Plan identifies up to 9 percent of the land in the city as being industrial. Since 2000, the city has rezoned some industrial parcels from industrial to another district, typically residential. The city has not rezoned land from another land use to industrial so the percentage of industrial land has declined since 2000. This site is well suited for light industrial use due to good visibility from Highway 7, and the proximity of the railroad tracks, substation and impounds lot. The use also provides a good transition from the Sam’s Club site. As described in the summary, the project results in important soil remediation on the former National Lead/Golden Auto property. This is a significant project for the City, County and Region as demonstrated by the level of participation from all levels of government to help with the clean up of the site. Several small commercial buildings targeted for redevelopment in the Comprehensive Plan will be removed to accommodate a larger scale building that better utilizes the site. This will result in aesthetic improvements, higher future tax assessments and more employment on the site. The table below compares potential uses of this site under the existing and proposed zoning. Uses permitted by Conditional Use Permit (CUP) require a public hearing and Council approval. St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 4 C2 General Commercial IP Industrial Park District Permitted Uses Medical and Dental Offices Showrooms Funeral Homes Transit Stations Libraries Recycling Operations Museums Warehouse and Storage Banks Parcel Delivery Services Offices Business and Trade Schools Retail Shops Up To 20,000 Sq. Ft. Time Transfer Stations Service Facilities Studios Showrooms Parking Lot Time Transfer Stations Transit Stations Pawnshops Large Item Retail Under 20,000 Sq. Ft. Permitted With Conditions Adult Day Care Utility Substations Dry Cleaning, Laundering Manufacturing/Processing Group Day Care/Nursery Schools Group Day Care/Nursery Schools Park/Recreation High impact sexually oriented business Utility Substation Catering Animal Handling Public Service Structures Appliance/Small Engine/Bicycle Repair Parking Lots (as principal land use) Clubs/Lodges Without Liquor Parking Ramps (as principal structure) Convention/Exhibit Halls Office Food Service Medical/ Optical/Dental Laboratories Hotels/Motels Public service structure Medical/ Optical/Dental Laboratories Outdoor Sales (Display) Printing Process Facilities Private Entertainment (Indoor) Restaurants Without Liquor Permitted by CUP Heliport Heliport More than one principal building Office, 50% or more of gross floor area Group Daycare/nursery school More than one principal building Group Daycare/Nursery Schools St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 5 PROCESS: The Planning Commission recommended approval of the Comprehensive Plan amendment and Rezoning after the public hearing on April 5, 2006. Surrounding property owners within 500 feet were notified of the hearing. Staff also notified neighboring cities, county, school district, and Metropolitan Council. No residents testified at the hearing and staff has received no questions or comments about the proposal from surrounding jurisdictions. Following City Council action on the comprehensive plan, staff will send written notification of the decision. A comprehensive plan amendment would not be complete until Metropolitan Council reviews and approves the City’s action. The action to rezone the property requires two readings. The second reading of the zoning ordinance is tentatively scheduled for May 15, 2006. Tentative Schedule of City Council review: May 15 Hampshire Avenue Vacation (2nd reading) Rezoning (2nd reading) Preliminary and final plat Conditional use permit for soil remediation July 10 Conditional use permit to have more than 50% office use in the IP District Landscaping variance Front yard setback variance from Monitor Street RECOMMENDATION: Staff recommends approval of the application to change the Comprehensive Plan land use designation from Commercial to Industrial and the Zoning District classification from C2 General Commercial to IP Industrial Park for the property at 7003 Lake Street W. Attachments: § Draft Resolution and Summary Approving An Amendment To The Comprehensive Plan 2000 To The Year 2020 For The City Of St. Louis Park • Draft Ordinance Amending the St. Louis Park Ordinance Code Changing Boundaries of Zoning Districts • Guided Land Use Map • Zoning Map • Site Plan and Building Elevations (for information not approval) Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 6 RESOLUTION NO. 06 -075 A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 7003 LAKE STREET WEST WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 7 WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on April 5, 2006, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 06-20-CP); WHEREAS, the contents of Planning Case File 06-20-CP are hereby entered into and made part of the public hearing record and the record of decision for this case; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation from as shown on “Exhibit A” from Commercial to Industrial. Reviewed for Administration: Adopted by the City Council May 1, 2006 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 8 SUMMARY RESOLUTION NO. 06-075 A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 7003 LAKE STREET WEST This resolution states that the land use designation will be changed from Commercial to Industrial. Adopted by the City Council May 1, 2006 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: May 11, 2006 St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 9 EXHIBIT A St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 10 ORDINANCE NO.__________-06 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 7003 LAKE STREET WEST THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06-21-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Par 1: Lot 4 except that part lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot; distant 535.8 feet Southeasterly measured along Southwesterly line from the most Westerly corner thereof, Auditor’s subdivision Number 348, Hennepin County, Minnesota Par 2: Lots 1 and 2; Lot 3 except the Northerly 25 feet thereof and That part of Lot 4 lying Southeasterly of a line running from a point in the Northeasterly line of said Lot, distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535.8 feet Southeasterly measured along said Southwesterly line from the most Westerly corner thereof, Auditor’s Subdivision Number 348, Hennepin County, Minnesota Par 3: Lot 5, Auditor’s Subdivision No. 348, Hennepin County, Minnesota Subject to rights of The Park Central Little League and others, if any, to the use of that portion of the above described premises being used as a grandstand and baseball diamond as shown in deed Dec. 1344270; (as to land in Par 2) Subject to the right of the State of Minnesota to construct and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No. 7; (as to land in Pars 1, 2 and 3) St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 11 from General Commercial C2 to Industrial Park IP. Section 3. The contents of Planning Case File 06-21-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. The ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. Reviewed for Administration Adopted by the City Council May 1, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 12 St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 13 St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 14 St. Louis Park Council Meeting Item: 050106 - 8a - Comp Plan & Zoning Amend 7003 Lake St W Page 15 St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 1 8b. PPL Louisiana Court Project Deferred Loan This report requests that the City Council adopt resolutions approving documents required to provide a $400,000 deferred loan to The Louisiana Court Limited Partnership to assist in funding capital improvements at Louisiana Court. Recommended Action: Motion to adopt Resolution approving loan agreements between the City of St. Louis Park and PPL Louisiana Court Limited Partnership and Related Documents Motion to adopt Resolution approving internal loan for advance of qualified housing costs in connection with Park Center tax increment financing district. PURPOSE OF DISCUSSION: The purpose of this report is to update the Council on the current financial and operational status of the Louisiana Court housing development and to request that the Council adopt Resolutions authorizing the execution of the necessary documents to provide a $400,000 deferred loan to The Louisiana Court Limited Partnership to assist with capital improvements at Louisiana Court. The funding source for the loan will be a combination of Community Development Block Grant (CDBG) funds and Tax Increment Financing (TIF) from the Park Center TIF district. BACKGOUND: At a number of meetings held throughout 2005, staff updated the Council on the difficulties being experienced in the operation of Louisiana Court and highlighted the development’s ongoing financial shortfalls. In addition to high vacancy, Project for Pride in Living (PPL) reported that increased operating expenses related to maintenance costs, insurance, utilities and taxes were contributing to shortfalls in net revenues. Financial obligations for the development were being met by utilizing project reserves and deferring management fees. In an effort to stabilize the development, PPL developed a comprehensive stabilization plan that would ensure the long-term improvement and viability of Louisiana Court. The Stabilization Plan incorporated several components including additional capital improvements, efforts to retain current residents and reduce operating expenses, and the introduction of a limited number of rent subsidies. PPL also took the necessary steps to replace themselves as managers of the development with a private management company. The capital improvement component of the Stabilization Plan proposes to initiate an estimated $2,507,000 in improvements, including soft costs. The improvements will enhance the marketability of the property, lower maintenance costs and lower utility expenses. PPL has requested $400,000 from the City to assist in funding the proposed capital improvements. Additional funding commitments have been secured from Hennepin County, Minnesota Housing Finance Agency (MHFA) and the Limited Partner, ESIC. St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 2 Total funding resources designated for capital improvements and to replenish project reserves include: • ESIC Equity: $1,697,000 • Hennepin County Affordable Housing Incentive Fund (AHIF): $1,050,000 • MHFA Super RFP: $200,000 • Hennepin County HOME: $500,000 • City of St. Louis Park $400,000 • General Partner Capital $124,000 • Hennepin County Lead Abatement: $60,000 Total: $4,031,000 Funding Uses: • Construction $2,268,710 • Soft Costs $238,290 • Deferred Fee $114,000 • Reserves $400,000 • Long-term Reserves $1,010,000 Total: $4,031,000 Considerations for assisting with capital improvements included: • From the City’s position as the first mortgagee, any improvements made to the development increases the future value of the property and may offer further protection of the City’s investment. • By contributing $400,000, the City will leverage $3,936,644 in additional resources for the project, including $305,644 in operating subsidy from MHFA, which would be a benefit to both the project and the City. • The additional capital and operating reserve commitments will ensure that the project is financially stable for the foreseeable future. • In the event that the City would ever need to take steps to foreclose on the property, deferred maintenance and needed repairs would greatly affect the value of the property. Following much discussion at the September 26, 2005 Study Session, the Council indicated their willingness to provide financial assistance to fund the capital improvements at Louisiana Court in the form of a deferred loan. At the December 19, 2005 Council Meeting, Council adopted a resolution directing staff to undertake the steps necessary and prepare documents to provide a $400,000 deferred loan to The Louisiana Court Limited Partnership to assist with the improvements at Louisiana Court. The funding source for the loan will be a combination of Community Development Block Grant (CDBG) funds and Tax Increment Funds (TIF) from the Park Center TIF District. St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 3 Loan terms include: 1. The amount of the loan will be $400,000. The source of this funding would be a combination of CDBG and TIF from the Park Center TIF District. • $188,900 in 2005 CDBG, • $80,000 in 2006 CDBG, and • $131,000 in TIF from the Park Center focusing TIF district. The TIF funds are specifically required to be used for affordable housing purposes. 2. Interest rate will be a low fixed-rate (2%), calculated as simple interest. Principal and interest payments will be deferred until the loan comes due. 3. The loan will come due in 30 years or at the time of sale of the property, or at the time of refinancing, whichever occurs first. The loan will be secured by a mortgage that will be subordinate to all the existing loans, but first in line of the new funding being invested at this time. Because of ambiguities within the TIF Act, legislation is currently pending at the Minnesota legislature to clarify the Five-year Rule and to allow outside-district expenditures for housing purposes after five years following certification. The legislation is non-controversial and is expected to pass this session without objection. City development funds will be utilized as an interim source of funding and will reimburse itself for the costs of the $131,000 of the Loan through an interfund loan using tax increment from the TIF district. The deferred loan will be conditioned on the following: 1. ESIC replaces US Bank as the Limited Partnered. 2. PPL hires a general contractor acceptable to the partners to be responsible for providing construction management services and for overseeing the rehab improvements. 3. An inspecting architect representing the other financial partner’s interest will ensure that improvements are properly completed. 4. PPL must provide a commitment that they are willing to participate, support and cooperate with a joint housing agency committee to prepare and monitor a five-year plan to reposition and stabilize Louisiana Court. 5. Loan is contingent on all other proposed funding sources being provided. 6. PPL will create and maintain community space and have on-site programming. PPL has indicated that they agree and accept all the proposed conditions and terms of the loan. Attached is a summary prepared by Kennedy & Graven, which outlines the major business points of the agreement. City staff, Kennedy & Graven, and PPL have collaborated on the creation of the document. The City’s risk has been analyzed and discussed by Ehlers & Associates at previous study sessions. UPDATE: Although the operation of the development continues to face many challenges, Community Development staff, the police department, management staff from Perennial and Perspective, PPL social workers and representatives from the other financial partners continue to work together to address concerns and issues. St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 4 Management staff from Perennial and Perspectives continue to meet weekly with the police to review criminal calls at the development. This is truly a collaborative approach in which all parties work together to respond to on-site criminal activity and to initiate proactive and preventive measures to improve the overall safety in the development. Although criminal concerns still exist in the development, management is working cooperatively with the police and appears to be taking appropriate action to enforce the lease and hold tenants accountable. Regarding a particularly serious incident that recently occurred at the development, police and management had been working together prior to the incident to address concerns relating to suspected criminal activity involving a household. The perpetrator had been trespassed from the property and the household was under a court ordered eviction for other lease violations at the time the incident occurred. In an effort to deter crime, the police have significantly increased their community policing efforts at the site, completing 129 police initiated patrol visits to the site in the 1st quarter of 2006. Officers know the residents and have made efforts to increase interaction with the children living in the development. Several of the officers regularly attend Perspective’s after school program and Officer Paul Barnes has led a coordinated effort to establish a police sponsored basketball league at Ainsworth Park this summer. Vacancy continues to be a challenge but leasing activity has remained steady and management continues to make slow progress in lowering the number of vacancies in the development. As of last week, the number of vacancies was at sixteen. Management reported that move-outs have slowed and that ten of the twelve Vail Place supportive housing units had been filled. Representatives from all of the financial partners, including the new Limited Partner, ESIC, recently met to explore ways to improve marketing and retain existing tenants. Staff from MHFA, the County and City recently met to discuss the goals and format of the oversight committee. County staff has agreed to facilitate the group and an initial meeting of the group that will also include representatives from PPL staff, Perennial management and the Limited Partner, ESIC, will be held in May. The group will create a repositioning plan for the development, identifying criteria and establishing standards to transform Louisiana Court into a stable, viable housing development. The oversight committee will monitor the development’s ongoing performance. Staff will continue to work with the other funding agencies on this effort. Next Steps PPL is anticipating that the closing on the new financing and transfer of the Limited Partnership from US Bank to ESIC will occur in mid May. Contractor bids have been received on the planned improvements and the work will begin as soon as the closing occurs. Staff will continue to work with Ehlers & Associates and Kennedy & Graven to ensure that steps are taken to safeguard the City’s interest. Staff will provide regular updates to the Council on the status of Louisiana Court as we move forward. Staff and representatives from Kennedy & Graven will be in attendance at the meeting. St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 5 Attachments: • Summary of Contract for Private Redevelopment among City, Housing Authority and Limited Partnership Created by PPL • Resolution approving agreements between the City of St. Louis Park and PPL Louisiana Court Limited Partnership and Related Documents • Resolution authorizing internal loan for advance of qualified housing costs in connection with Park Center tax increment financing district. Prepared by: Michele Schnitker, Housing Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 6 SUMMARY OF LOAN AGREEMENT: $400,000 PPL LOUISIANA COURT LIMITED PARTNERSHIP LOAN Principal amount: $400,000, of which $268,900 is slated to come from CDBG funds and the remaining $131,100 from tax increment from the Park Center TIF District, subject to proposed legislation permitting such use. Absent legislative action, this amount will be paid from available City or EDA funds. Interest: Two percent (2%) per annum (simple rate), accruing from the closing date until Loan in repaid in full. Payment: Deferred, payable in full as described below. Term: Entire unpaid balance payable on earlier of the following: (i) ten days after the Borrower sells, assigns, or otherwise transfers the ownership of Louisiana Court to any other entity; (ii) at the time of any refinancing; (iii) thirty (30) years after closing; or (iv) upon an event of default as described below. Disbursement: Borrower must execute all necessary documents (loan agreement, mortgage, note, Master Disbursement Agreement, Master Subordination Agreement, any other collateral document) before funds will be disbursed. Borrower must also provide evidence of a separate accounting system, and must pay all attorney fees and other expenses incurred in connection with the Loan. Events of Default: (a) Any failure to perform any term or condition of the Loan Agreement or any other related document; (b) Any false representation of warranty; (c) Dissolution or winding up of Borrower’s business as a going concern in good standing. Remedies: Any or all of the following: (a) Acceleration of the Loan. (b) Suspension of City’s performance under the Loan Agreement (c) Legal action to enforce compliance. (d) Foreclosure of mortgage (which is in first position). St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 7 Additional Conditions:(a) Borrower must hire a general contractor, approved by City, to oversee rehabilitation work and provide construction management services. (b) Borrower must provide written commitment of participation, support, and cooperation with a joint housing agency oversight committee to prepare and monitor a five-year plan for repositioning and stabilization of Louisiana Court. (c) All other proposed funding sources must be provided. (d) An inspecting architect representing the other financial partner’s interest will ensure that improvements are properly completed. (e) Borrower must create community space and offer on-site programming for residents of Louisiana Court. (f) Enterprise Social Investment Corporation (ESIC) must replace US Bank as Borrower’s Limited Partner. St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 8 CITY OF ST. LOUIS PARK RESOLUTION NO. 06-076 RESOLUTION APPROVING LOAN AGREEMENTS BETWEEN THE CITY OF ST. LOUIS PARK AND PPL LOUISIANA COURT LIMITED PARTNERSHIP AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. On May 1, 2000, the City issued its General Obligation Bonds (Louisiana Court Project), Series 2000A (the “Bonds”) and lent the proceeds thereof to PPL Louisiana Court Limited Partnership, a Minnesota limited partnership (the “Borrower”), who agreed to apply such proceeds to finance the acquisition and rehabilitation of a 130-unit multifamily rental housing facility within the City known as Louisiana Court (the “Project”); and 1.02. Enterprise Social Investment Corporation has replaced U.S. Bank as the Borrower’s limited partner, and has committed approximately $1,500,000 in additional equity to ensure the long-term improvement and viability of the Project; and 1.03. The Council has determined that it is in the best interests of the City to provide certain additional financial assistance to the Project in order to improve and retain affordable housing in the City; and 1.04. There has been presented before the Council a form of loan agreement between the City and the Borrower (the “Loan Agreement”), providing for a deferred loan to the Borrower in the amount of $400,000 (the “Loan”). Community Development Block Grant (“CDBG”) funds available to the City for 2005 will fund $188,900 of the Loan and 2006 CDBG funds will fund an additional $80,000 of the Loan. The City intends to use $131,100 in City or Economic Development Authority development account funds to immediately fund the remaining $131,100 of the Loan, but subject to the passage of proposed amendments to Minnesota Statutes, Sections 469.174-469.179, the City expects to repay this amount using from tax increment available for affordable housing related activities from the City’s Park Center Tax Increment Financing District, as provided in the City’s resolution approving an interfund loan for this purpose; and St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 9 1.05. The Council has reviewed the Loan Agreement and finds that the execution of the same and the City’s performance of its obligations thereunder are in the best interest of the City and its residents. Section 2. Loan Agreement and Related Documents Approved. 2.01. The Loan Agreement, as presented to the City, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of such document by such officials shall be conclusive evidence of its approval. 2.02. The City Manager is authorized and directed to allocate its 2005 CDGB funds to fund $188,900 of the Loan, its 2006 CDGB funds to fund $80,000 of the Loan, and to determine any other immediate source for the remaining $131,100 of the Loan. 2.03. The Mayor and City Manager are hereby authorized to execute the Loan Agreement on behalf of the City and to carry out, on behalf of the City, the City’s obligations thereunder. 2.04. The Mayor and City Manager are also authorized to execute a Note, a Mortgage, a Master Subordination Agreement and Estoppel Certificate and a Master Disbursement Agreement among the City, the Borrower and various other parties, providing the terms, disbursement and lien priority of the City’s loan along with various other loans being made in connection with the Project, the form of which shall be approved by the City’s legal counsel, Mayor and City Manager, provided that execution of such documents by City officials shall be conclusive evidence of their approval. The Mayor and City Manager are further authorized to execute any collateral certificates or documents necessary to carry out the Loan transaction. Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 10 CITY OF ST. LOUIS PARK RESOLUTION NO. 06-077 RESOLUTION APPROVING INTERNAL LOAN FOR ADVANCE OF QUALIFIED HOUSING COSTS IN CONNECTION WITH PARK CENTER TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the “TIF Act”), the Authority previously established its Park Center Boulevard Housing Tax Increment Financing District (the “TIF District”) within Redevelopment Project No. 1 in the City. 1.02. The Authority and City are authorized to use increment from the TIF District to rehabilitate qualified low-income housing outside the geographic area of the TIF District. 1.03. The City has approved a $400,000 loan (the “Loan”) to PPL Louisiana Court Limited Partnership to rehabilitate Louisiana Court, a qualified low-income multifamily housing facility. 1.04. The City intends to fund $131,100 of the Loan from City or Authority development account funds, and further desires to reimburse itself for the costs of $131,100 of the Loan through an interfund loan (the “Interfund Loan”) using tax increment from the TIF District, subject to the passage of legislation clarifying the so-called “five-year rule” within Section 469.1763 of the TIF Act concerning the availability of tax increment for housing project expenditures outside the geographic area of a TIF district. 1.05. On May 1, 2006, the Authority approved a resolution (the “Loan Resolution”) authorizing the Interfund Loan and setting the terms for repayment of the Interfund Loan using tax increment from the TIF District. Section 2. Interfund Loan Approved. 2.01. The City approves the Interfund Loan described in the Loan Resolution, and authorizes the use of any unencumbered City or Authority development account funds available for such purposes under the law as the source of funds for the Interfund Loan. 2.02. The City Manager is authorized and directed to determine the fund from which monies are drawn for the Interfund Loan and to credit repayments to the relevant fund according to the terms set forth in the Loan Resolution. St. Louis Park Council Meeting Item: 050106 - 8b - Louisiana Court Lmtd Ptrnshp Deferred Loan Page 11 2.03. City staff and officials are hereby authorized and directed to execute any collateral documents and take any other actions necessary to carry out the intent of this resolution. Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 050106 - 8c - MSA St Rehab Project Area 20051100 Quentin Ave Page 1 8c. Project Report: Quentin Avenue, Municipal State Aid Street Rehabilitation Project – Project No. 2005-1100 This report considers a Municipal State Aid Street Rehabilitation Project scheduled for the 2006 construction season. The street included in this year’s project, Quentin Avenue, will have the existing asphalt pavement removed and then replaced with a new asphalt surface. Other work associated with the project will include minor subgrade soil corrections, drainage system repairs and sidewalk repairs. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2005-1100, approving plans and specifications, and authorizing advertisement for bids. BACKGROUND: During the past several years staff, via the City’s Pavement Management Program, identified the need to rehabilitate portions of the Municipal State Aid (MSA) street system. In the 2005-2009 CIP process, these projects were programmed for rehabilitation. The MSA system is a network of streets, designated by the City, which receive funding from the state gas tax for periodic maintenance and reconstruction. MSA streets are typically those which have higher volumes of traffic and therefore are required to be constructed to a higher standard. The MSA system was analyzed at the same time as the rest of the street network as part of the overall pavement management program. Rather than maintaining MSA streets on an area basis, like the residential street pavement management methodology, these streets are identified for repair or reconstruction based on their current condition. ANALYSIS: The following State Aid street segments identified for major maintenance, rehabilitation or reconstruction efforts in 2006 are: Street Start Point End Point Repair/Rehab. Type Quentin Avenue Wooddale Excelsior Blvd. Pavement Replacement Lake Street Webster Dakota Reconstruction Lake Street Dakota Walker Street Mill and Overlay Dakota Avenue 33rd Street Lake Street Reconstruction Wooddale Lake Street Highway 7 Mill and Overlay Council has already authorized work on Lake Street, Dakota Avenue and Wooddale Avenue under City Project No. 2006-0100. During the initial project development, Quentin Avenue was identified to receive a simple mill and overlay treatment with minor curb repairs. As staff worked through the preliminary engineering and performed further engineering analysis, it was determined that a more cost effective treatment is to remove and replace all of the 4 inch thick asphalt pavement, perform minor subgrade soil corrections and replace about 25% of the curb and gutter along with some sidewalk repairs. This preferred treatment will allow the road to last another 30 years or more with routine preventive maintenance like seal coating. A simple mill and overlay would typically yield 10 years of service for a road in a condition like Quentin Avenue. St. Louis Park Council Meeting Item: 050106 - 8c - MSA St Rehab Project Area 20051100 Quentin Ave Page 2 State Aid Variance Request: Quentin Avenue currently does not meet State Aid standards for the minimum width requirements. Presently, Quentin Avenue is 27-28 feet wide with parking allowed on only one side of the street (west side). According to State Aid standards, a street with parking allowed on one side must have a minimum width of 32 feet. Because the street does not meet the minimum width standards, State Aid funds are not readily available to fund the rehabilitation unless a variance is granted by Mn/DOT’s Office of State Aid. Staff pursued the variance option after Council approval at their February 21, 2006 meeting. Staff was successful in the request for a variance and State Aid funds are now available for use on the proposed work on Quentin Avenue. The Engineering Staff has prepared plans and specifications for this year’s project. Because MSA funds will be used to pay for a portion of the project, it is necessary for Mn/DOT to review and approve the plans prior to construction. The plans were submitted to Mn/DOT on March 31 and approval is expected by the first week of May. Mn/DOT approval must be obtained prior to opening of bids to obtain MSA reimbursement for this work. All utility companies have been contacted to inform them of the City’s proposed work plan and schedule. For those companies which have buried utilities, staff has asked them to consider replacing any aging systems prior to our paving of the streets. Centerpoint/Minnegasco has responded with interest in replacing some of their gas mains. Staff will work with them to coordinate their work prior to or in conjunction with the City construction. Impact on Private Property: All work is anticipated to take place within the right-of-way. There will be minor sections of curb replaced along Quentin Avenue along with some driveway aprons. No permanent easements are required to complete this project. COSTS AND FUNDING: The 2006 CIP budgeted $138,978 for this street rehabilitation work. The estimated construction cost at this time is $292,000. The initial CIP estimate considered only a simple mill and overlay. As previously explained, the complete removal of the asphalt surface costs more but will be more cost effective in the long run. State Aid funds are available to cover the majority of the costs with an additional $10,000 coming from the Water Utilities budget to cover the cost of replacing hydrants along this road. PUBLIC PROCESS: Staff invited property owners adjacent to Quentin Avenue and neighborhood association leaders to a meeting to review the preliminary plans. One business owner on Excelsior Blvd attended the open house on March 24, 2005 to determine if there would be any road closures. Staff explained that there will be periods of temporary closures on Quentin near the area where crews will be working. Access will be provided to local traffic at nearly all times and typically at the end of each day the road will be open up to all traffic. Should a detour be required, traffic will be directed along Wooddale Avenue. Residents adjacent to the affected streets and those residents along the detour route will receive a mailed notice prior to the start of construction. St. Louis Park Council Meeting Item: 050106 - 8c - MSA St Rehab Project Area 20051100 Quentin Ave Page 3 PROJECT TIMELINE: Should the City Council approve the Project Report, it is anticipated that the following schedule could be met: • Approval of Plans/Authorization to Bid by City Council May 1, 2006 • Advertise for bids Mid-May • Bid Opening May 25, 2006 • Bid Tab Report to City Council; Award contract June 5, 2006 • Construction July-August 2006 Attachments: Resolution Project Map (Supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 050106 - 8c - MSA St Rehab Project Area 20051100 Quentin Ave Page 4 RESOLUTION NO. 06-078 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2005-1100, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2005-1100 WHEREAS, the City Council of the City of St. Louis Park has received a report related to the Quentin Avenue Municipal State Aid Street Rehabilitation Project – Project No. 2005-1100. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2005-110 is hereby accepted. 2. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2005-1100, is hereby established and ordered. 4. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council for award of contract. Reviewed for Administration: Adopted by the City Council May 1, 2006 City Manager Mayor Attest: City Clerk