HomeMy WebLinkAbout2006/07/10 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
July 10, 2006
7:30 PM
6:00 p.m. Box Lunch/Study Session
7:20 p.m. Economic Development Authority Meeting
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. 2005 CAFR/Audit
3. Approval of Minutes
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. Roitenberg Assisted Living Project Refunding Bonds
This report requests that the City Council hold a public hearing and adopt a
resolution approving an amended housing program and authorizing the sale of
refunding bonds for Sholom Community Alliance.
Recommended
Action:
Mayor to close the public hearing and adopt a resolution
approving “AN AMENDED HOUSING PROGRAM,
AUTHORIZING THE ISSUANCE, SALE, AND
DELIVERY OF ITS REVENUE REFUNDING BONDS
(ROTENBERG FAMILY ASSISTED LIVING RESIDENCE
PROJECT), SERIES 2006”.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. 2221 Hill Lane Plat and CUP for Excavation
Recommended
Action:
Motion to adopt a Resolution approving the Preliminary and
Final Plat, as submitted, subject the conditions of the
Resolution.
Motion to adopt a Resolution denying the Conditional Use
Permit.
Alternate
Action:
Motion to adopt a Resolution approving the Preliminary and
Final Plat, as amended, subject the conditions of the
Resolution.
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 July 10, 2006
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are c onsidered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to Approve Agreements Between the City and Children First,
Meadowbrook Collaborative and STEP for Matching Funds.
4b. Resolution Appointing Bruce DeJong and Clint Pires as Alternates to LOGIS
Board of Directors.
4c. Motion to approve the Inglewood Avenue municipal parking lot lease contract, and
authorize the Mayor and City Manager to sign the contract.
4d. Bid Tabulation: Motion to reject the bids for the Ford Road Sanitary Sewer Lift
Station Replacement – Project No. 2005-1200 and authorize re-advertisement for
bids.
4e. Motion to approve resolution establishing a special assessment for the repair of the
water service line at 2214 Quebec Drive.
4f. Motion to approve resolution waiving application of subdivision regulations to
allow recording of Metes and Bounds conveyance of property located at 2715
Monterey Ave S.
4g. Motion to approve resolution to reconvey tax forfeit property at 7701 Edgebrook
Drive to the State of Minnesota.
4h. Planning Commission Minutes of June 7, 2006 for Filing.
4i. BOZA Minutes of May 25, 2006 for Filing.
4j. Motion to Approve Vendors for Fitness Equipment in the Fire Department.
4k. Motion to approve Vendor Claims for Filing. (Supplement)
St. Louis Park Council Meeting
Item: 071006 - 2a - 2005 Consolidated Annual Financial Report (CAFR) Audit
Page 1
2a. 2005 Consolidated Annual Financial Report (CAFR)/Audit
This presentation will allow Steve McDonald, from Abdo Eick & Meyers, LLP, to
discuss the audit, management report, and financial highlights with the City Council.
PURPOSE OF DISCUSSION:
The City is required to have an independent audit performed annually. The auditors work for the
City Council directly and are required to present their findings within 30 days of the June 30
deadline set by state statute.
BACKGOUND:
The audit was completed without much disruption this year despite Finance Director Jean
McGann’s resignation, which is a credit to the entire Accounting Division staff. The audit
opinion is “unqualified”, which means that Abdo Eick & Meyers, LLP believe the financial
statements, as presented by city staff, fairly represent the city’s financial condition as of
December 31, 2005.
There was one reportable condition discovered through the audit regarding collateral for deposits
at our bank. We did not have sufficient collateral at one point because a significant deposit was
not able to be wired out to an investment broker the same day. Staff will work with the bank to
make sure that we have sufficient collateral in the future when we expect large deposits to be
made.
Attachments: 2005 CAFR (Supplement)
Management Report (Supplement)
Prepared by: Bruce DeJong, Finance Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 1
4a. Motion to Approve Agreements Between the City and Children First,
Meadowbrook Collaborative and STEP for Matching Funds
BACKGROUND:
The purpose of this report is to request that the Council approve agreements between the City
and Children First, St. Louis Park Emergency Program (STEP) and The Meadowbrook
Collaborative for the City to provide matching funds up to $20,000 per organization to assist in
obtaining new donations to support each agency’s programming.
Children First, the Meadowbrook Collaborative and the St. Louis Park Emergency Program
(STEP) were all cited in St. Louis Park’s 2005 designation as one of the “100 Best Communities
for Young People” by America’s Promise – the Alliance for Youth. Each has its own individual
mission statement, along with a shared unique partnership that supports St. Louis Park’s families
and children.
In August 2005, Lt. Governor Carol Molnau named St. Louis Park one of the Best Communities
in Minnesota for Young People, awarded by the Minnesota Alliance with Youth, the local arm of
America’s Promise.
• Children First
Based on Search Institute’s 40 Developmental Assets, Children First is a citywide
partnership aimed at strengthening families and building a caring community for children and
youth. It is a call for everyone to support young people and to build a healthier future one
child at a time.
• Meadowbrook Collaborative
Meadowbrook is a diversely populated multi-family housing neighborhood of 1200 people.
Established in 1993 to address various quality of life issues, such as crime, truancy, and
serious housing code violations, the Meadowbrook Collaborative works cooperatively with
other organizations to leverage resources and meet families’ needs. Its mission is to enhance
the self-direction of the Meadowbrook residents toward the betterment of their lives in the
areas of health, education, and safety.
• St. Louis Park Emergency Program (STEP)
Serving the St. Louis Park community for over 30 years, STEP evolved from a faith-based
initiative to a community-wide resource serving the basic needs of over 2900 families and
individuals each year. Its mission is to identify, address, and respond to the critical and
emergency needs of St. Louis Park.
For many years, Children First, STEP and The Meadowbrook Collaborative were financially
supported through donations and grants. Currently, all three organizations are facing funding
challenges. For STEP, funding shortages will translate in to a reduction in services. For
Children First and the Meadowbrook Collaborative, funding shortages put the long-term
financial sustainability of their programs at risk.
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 2
At the April 24 Study Session, all three agencies reviewed their current financial status and
discussed strategies for future fundraising. The Council recognized the importance that each
organization plays in sustaining the health and well-being of St. Louis Park and expressed
interest in exploring ways to assist each organization in their efforts to raise funds. The Council
further discussed funding options at the May 8 Study Session and agreed to provide a one time
contribution of up to $20,000 to each organization. The funding will provide matching funds to
new donations received to support each organization’s programming.
The funds are intended to support operations for each agency’s July 1, 2006 through June 30,
2007 fiscal year. The City money will match “new donations” received by each agency from
individuals or entities that did not give a donation during fiscal year 2005-2006 or increased the
amount of any donation compared to the donor’s fiscal year 2005-2006 gift. Prior to making any
payment, each agency must demonstrate that it has received new donations during its 2006-2007
fiscal year in an amount up to the $20,000 City payment. Initial requests for funding can be
made anytime after January 1, 2007, and additional requests can be made until either June 30,
2007 or until the entire $20,000 is paid, whichever occurs first. The organizations will also be
required to attend training related to fundraising and non-profit management.
Each agency is continuing to move forward with efforts to address immediate funding shortages.
In addition to creating fundraising plans, other donor opportunities, including contributions from
individuals, businesses, service organizations and grant opportunities, are being explored. The
agencies are continuing to explore ways to promote greater collaboration between their
organizations and other organizations in St. Louis Park. This comprehensive, long-term, team
approach to service delivery could provide a more effective way to increase stability in families
and sustain the health and well-being of St. Louis Park.
RECOMMENDATION:
Staff recommends that the Council approve entering in to Agreements between the City and
Children First, St. Louis Park Emergency Program (STEP) and The Meadowbrook Collaborative
for the City to provide matching funds intended to assist in obtaining new donations to support
each agency’s programming.
Attachments: Agreement Between the City and Children First
Agreement Between the City and The Meadowbrook Collaborative
Agreement Between the City and STEP
Prepared by: Michele Schnitker, Housing Supervisor
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 3
SERVICE AGREEMENT
AGREEMENT made this 10th day of July, 2006, by and between the CITY OF
ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and CHILDREN
FIRST, a nonprofit organization ("Children First”).
RECITALS
A. Children First was created to build developmental assets and give all kids in
St. Louis Park a chance to grow up healthy and happy. The approach to building social
capital unites the whole community around kids.
B. Children First is a citywide partnership aimed at strengthening families and
building a caring community for children and youth. It is a call for everyone to support
young people and to build a healthier future one child at a time.
C. Children First fuels the inspiration and creative energies of individuals and
organizations to do things to support our young people, and increase their developmental
assets. It operates on an annual budget of $65,000 with one paid staff person and volunteers
of all ages. In-kind contributions include office space, computer, phone, postage, and
printing.
D. From a public safety standpoint, the Police Chief views asset building as a
valuable upstream prevention vehicle. The City Council views Children First as an
economic development tool to keep this first ring suburb strong, vital and at the cutting
edge.
E. The matching funds being provided by the City are intended to assist Children
First in obtaining new donations to support the initiative.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. AMOUNT. The City hereby grants Children First $20,000.00 to be used for
its ongoing programming costs.
2. CONDITIONS OF MATCHING PAYMENT.
a. This is a one time only grant intended to support Children First’s
operations for its July 1, 2006 – June 30, 2007 fiscal year.
b. Prior to any payment by the City, Children First must demonstrate to
the City Manager or designee that it has received new donations
during its 2006-2007 fiscal year in an amount equal to the $20,000.00
City payment (or such lesser amount for which Children First is
requesting payment).
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 4
c. Children First may make its initial payment request at any time after
January 1, 2007, and may make additional requests thereafter until
either June 30, 2007 or until the entire $20,000.00 is paid to Children
First, whichever occurs first.
d. “New donations” mean donations from individuals or entities who did
not give to Children First during fiscal year 2005-2006 or the increased
amount of any donation compared to the donor’s fiscal year 2005-
2006 gift.
e. Children First personnel shall obtain training on fundraising and non-
profit management.
3. GENERAL CONDITIONS.
a. Children First agrees that it will comply with all federal, state, and
local statutes and ordinances relating to nondiscrimination.
b. Children First shall at all times be an independent contractor and shall
not be the employee of the City for any purpose.
c. All data created, collected, received, maintained, or disseminated for
any purpose in the course of this Agreement is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to implement
the act, as well as federal regulations on data privacy.
d. All books, records, documents, and accounting procedures and
practices of Children First and its (sub)contractor(s), if any, relative to
this Agreement are subject to examination by the City.
CITY OF ST. LOUIS PARK
BY:
Jeffrey W. Jacobs, Mayor
AND:
Thomas K. Harmening, City Manager
CHILDREN FIRST
BY:
ITS:
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 5
SERVICE AGREEMENT
AGREEMENT made this 10th day of July, 2006, by and between the CITY OF
ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and THE
MEADOWBROOK COLLABORATIVE, a nonprofit organization (the “Collaborative”).
RECITALS
A. Meadowbrook is a diversely populated multi-family housing neighborhood of
1,200 people. The Collaborative was established is 1993 to address various quality of life
issues, such as crime, truancy, and serious housing code violations and leverage resources to
meet families’ needs.
B. The Collaborative is a unique partnership of the City of St. Louis Park, St.
Louis Park Public Schools, Park Nicollet Health Services, and the Ridgedale Branch
YMCA. These organizations work cooperatively with the Meadowbrook residents and
property owner. The Collaborative’s mission is to enhance the self-direction of the
Meadowbrook residents toward the betterment of their lives in the areas of health,
education, and safety.
C. The Collaborative exists to evaluate neighborhood needs in the areas of
health, education, and safety; develop programs to meet identified needs; connect
Meadowbrook residents to resources in the greater community and supervise organized
programs and activities within the Meadowbrook neighborhood.
D. The matching funds being provided by the City are intended to assist the
Collaborative in obtaining new donations to support its programs.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. AMOUNT. The City hereby grants the Collaborative $20,000.00 to be used
for its ongoing programming costs.
2. CONDITIONS OF MATCHING PAYMENT.
a. This is a one time only grant intended to support the Collaborative’s
operations for its July 1, 2006 – June 30, 2007 fiscal year.
b. Prior to any payment by the City, the Collaborative must demonstrate
to the City Manager or designee that it has received new donations
during its 2006-2007 fiscal year in an amount equal to the $20,000.00
City payment (or such lesser amount for which the Collaborative is
requesting payment).
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 6
c. The Collaborative may make its initial payment request at any time
after January 1, 2007, and may make additional requests thereafter
until either June 30, 2007 or until the entire $20,000.00 is paid to the
Collaborative, whichever occurs first.
d. “New donations” mean donations from individuals or entities who did
not give to the Collaborative during fiscal year 2005-2006 or the
increased amount of any donation compared to the donor’s fiscal year
2005-2006 gift.
e. The Collaborative personnel shall obtain training on fundraising and
non-profit management.
3. GENERAL CONDITIONS.
a. The Collaborative agrees that it will comply with all federal, state, and
local statutes and ordinances relating to nondiscrimination.
b. The Collaborative shall at all times be an independent contractor and
shall not be the employee of the City for any purpose.
c. All data created, collected, received, maintained, or disseminated for
any purpose in the course of this Agreement is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to implement
the act, as well as federal regulations on data privacy.
d. All books, records, documents, and accounting procedures and
practices of the Collaborative and its (sub)contractor(s), if any, relative
to this Agreement are subject to examination by the City.
CITY OF ST. LOUIS PARK
BY:
Jeffrey W. Jacobs, Mayor
AND:
Thomas K. Harmening, City Manager
THE MEADOWBROOK COLLABORATIVE
BY:
ITS:______________________________
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 7
SERVICE AGREEMENT
AGREEMENT made this 10th day of July, 2006, by and between the CITY OF
ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and ST. LOUIS PARK
EMERGENCY PROGRAM, a nonprofit organization ("STEP").
RECITALS
A. STEP is a community-wide resource serving the basic needs of over 2,900
households each year. Its mission is to strengthen our community by responding to the
basic emergency needs of individuals and families in St. Louis Park.
B. STEP operates the local food shelf and provides other services in areas such
as transportation, housing, clothing, information and referrals, and supportive counseling.
C. Minn. Stat. § 465.039 authorizes the City to provide grants to nonprofit
organizations operating community food shelves.
D. The matching funds being provided by the City are intended to assist STEP in
obtaining new donations to support its programs.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. AMOUNT. The City hereby grants STEP $20,000.00 to be used for its
ongoing programming costs.
2. CONDITIONS OF MATCHING PAYMENT.
a. This is a one time only grant intended to support STEP’s operations
for its July 1, 2006 – June 30, 2007 fiscal year.
b. Prior to any payment by the City, STEP must demonstrate to the City
Manager or designee that it has received new donations during its
2006-2007 fiscal year in an amount equal to the $20,000.00 City
payment (or such lesser amount for which STEP is requesting
payment).
c. STEP may make its initial payment request at any time after January 1,
2007, and may make additional requests thereafter until either June 30,
2007 or until the entire $20,000.00 is paid to STEP, whichever occurs
first.
d. “New donations” mean donations from individuals or entities who did
not give to STEP during fiscal year 2005-2006 or the increased
amount of any donation compared to the donors’ fiscal year 2005-
2006 gift.
St. Louis Park Council Meeting
Item: 071006 - 4a - Approve Agreements Between The City And Children First,
Meadowbrook Collaborative And STEP For Matching Funds
Page 8
e. STEP personnel shall obtain training on fundraising and non-profit
management.
3. GENERAL CONDITIONS.
a. STEP agrees that it will comply with all federal, state, and local
statutes and ordinances relating to nondiscrimination.
b. STEP shall at all times be an independent contractor and shall not be
the employee of the City for any purpose.
c. All data created, collected, received, maintained, or disseminated for
any purpose in the course of this Agreement is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to implement
the act, as well as federal regulations on data privacy.
d. All books, records, documents, and accounting procedures and
practices of STEP and its (sub)contractor(s), if any, relative to this
Agreement are subject to examination by the City.
CITY OF ST. LOUIS PARK
BY:
Jeffrey W. Jacobs, Mayor
AND:
Thomas K. Harmening, City Manager
ST. LOUIS PARK EMERGENCY PROGRAM
BY:
ITS:
St. Louis Park Council Meeting
Item: 071006 - 4b - Resolution Appointing Bruce Dejong And Clint Pires As Alternates To
LOGIS Board Of Directors
Page 1
4b. Resolution Appointing Bruce DeJong and Clint Pires as Alternates to LOGIS Board
of Directors
Recommended
Action:
Motion to approve Resolution authorizing appointment of Bruce
DeJong and Clint Pires as alternates to LOGIS Board of Directors.
BACKGROUND:
Each member organization of LOGIS (Local Government Information Systems) has its chief
administrative officer automatically appointed as a director to the LOGIS Board of Directors.
LOGIS by-laws also provide for the appointment of alternate directors who may attend Board
meetings and vote in the absence of the Director. The City Manager is the Director to the
LOGIS Board and typically in St. Louis Park, two other alternates are appointed including the
Finance Director. There are many mission critical LOGIS applications employed by the Finance
Department and always with the Technology & Support Services Department.
RECOMMENDATION:
It is recommended that Technology & Support Services Director, Clint Pires, and Finance
Director, Bruce DeJong, be appointed as Alternates to the LOGIS Board of Directors.
Attachments: Resolution
Prepared by: Nancy Stroth, City Clerk
Approved by: Nancy Gohman, Deputy City Manager
St. Louis Park Council Meeting
Item: 071006 - 4b - Resolution Appointing Bruce Dejong And Clint Pires As Alternates To
LOGIS Board Of Directors
Page 2
RESOLUTION NO. 06-111
RESOLUTION APPOINTING
CLINT PIRES, TECHNOLOGY & SUPPORT SERVICES DIRECTOR
AND BRUCE DEJONG, FINANCE DIRECTOR
AS ALTERNATES TO LOGIS BOARD OF DIRECTORS
WHEREAS, the City of St. Louis Park entered into a joint and cooperative agreement
with other governmental units of the State of Minnesota to create Local Government Information
Systems (LOGIS) on May 1, 1972; and
WHEREAS, as stated in Article IV, Section 2, of the joint and cooperative agreement of
LOGIS, each member shall be entitled to alternate directors who shall be entitled to attend
meetings of the board and who may vote in the absence of the member’s director; and
WHEREAS, alternate directors for the City of St. Louis Park are needed on occasion to
substitute for the City’s director, City Manager Tom Harmening.
NOW, THEREFORE, BE IT RESOLVED by t he City Council of the City of St. Louis
Park that Technology & Support Services Director, Clint Pires, and Finance Director Bruce
DeJong be appointed to represent the City of St. Louis Park as alternates to the Board of
Directors of LOGIS.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 4c - Approve Inglewood Avenue Municipal Parking Lot Lease Contract,
And Authorize The Mayor And City Manager To Sign Contract
Page 1
4c. Motion to approve the Inglewood Avenue municipal parking lot lease contract, and
authorize the Mayor and City Manager to sign the contract.
BACKGROUND:
Description of Proposed action
The new owners of the former Treasure Island Bldg at 4200 Mtka Blvd are seeking to meet their
parking requirements by leasing the 2914 Inglewood municipal Parking lot from the City. The
4200 Mtka Blvd property has been the primary users of the municipal parking lot in the past and
is expected to continue to do so in the future.
Description of Lease
The municipal parking lot is currently in need of repair, and staff was directed to find ways to
improve this and other municipal lots by having the users of the lots cover the cost of
reconstruction and maintenance. As a result, staff negotiated the attached lease of 2914
Inglewood Avenue with the owners of 4200 Minnetonka Boulevard. The lease was drafted by
the City Attorney with the involvement of Public Works and Community Development. Under
the lease, the owners will:
1. Reconstruct and maintain the parking lot according to the city maintenance schedule
(which is attached to the lease as Exhibit “D”);
2. Lease the lot for three, five years terms;
3. Keep the entire lot open for public parking;
4. Sign up to 10 spaces for two hour parking and up to 11 spaces for 30 minute parking.
The remaining 12 spaces will not have a time limit; and
5. Be able to count the spaces in the municipal lot toward the parking required by zoning for
the uses occurring at 4200 Minnetonka Blvd.
The city can terminate the lease at any time by giving 6 months notice. If the city terminates
within the first 5 years of the lease, then the city will have to make available 33 generally
equivalent replacement parking spaces to the 4200 Minnetonka owners. If the city terminates
anytime after the initial 5 years, then the city is not obligated to provide the replacement parking
spaces. The thought is two part, the city would not terminate the lease unless there is
redevelopment proposed for that area. Secondly, if the municipal lot were to go away while 4200
Minnetonka Blvd continued to operate, then a parking problem would result in the neighborhood
that the city would have to deal with (similar to what is currently occurring in the Sunset
Blvd/Glenhurst area). So it is unlikely that the municipal lot would go away without a
redevelopment of the area including the 4200 Minnetonka Blvd building.
Staff determined that leasing was preferable to the sale of the property because it is the best way
to guarantee the availability of public parking into the future, and maintaining ownership of the
municipal lot will give the city more say in a redevelopment project along Minnetonka
Boulevard, should that occur.
The parking lot will be reconstructed in large part as illustrated in Exhibit “C” to the lease
agreement. There will be some slight modifications to the drawing to accommodate the latest
revision to the proposed addition. The modifications will be minor, and will not reduce the
number of parking spaces or landscaping. The revised plan will be attached to the agreement
after it is reviewed and approved by staff.
St. Louis Park Council Meeting
Item: 071006 - 4c - Approve Inglewood Avenue Municipal Parking Lot Lease Contract,
And Authorize The Mayor And City Manager To Sign Contract
Page 2
Description of Project
Treasure Island went out of business approximately two years ago. Shortly thereafter, the
building was purchased by 4200 Minnetonka LLC, in 2005. The new owner applied for permits
to demolish and reconstruct the northerly addition, and to remodel the interior for reuse by two
main users including a wine store (Napa Jacks) and a Chabad which is a Jewish library/study.
The reconstruction of the northerly addition required variances to the rear yard, side yard
abutting the street and floor area ratio. These variances were heard by the Board of Zoning
Appeals (BOZA) and approved with the condition that they enter into a lease of the municipal
parking lot.
HISTORY:
The municipal parking lot located at 2914 Inglewood Avenue was acquired by tax forfeit, and
was first improved as a municipal parking lot in 1962. The total cost of the original parking lot
improvement was assessed to 4200 Minnetonka Boulevard because it provided the only off-street
parking available for that property. The land uses existing at 4200 Minnetonka Boulevard at that
time consisted of the Treasure Island furniture store, retail sales, storage, a barber shop and a
beauty shop.
The building at 4200 Minnetonka Boulevard was originally constructed in 1947, and had two
substantial additions constructed, the last being the northerly portion in 1972. As noted above,
the building was occupied by Treasure Island since the 1950s, and parking was accommodated
by on-street parking but primarily by the municipal parking lot once it was constructed.
RECOMMENDATION:
Staff is recommending that the City Council approve the shared parking contract, and that the
City Council authorize the Mayor and City Manager to sign the contract.
Attachments: Shared Parking Agreement
Aerial Photo
Prepared by: Gary Morrison, Assistant Zoning Administrator
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 4d - Bid Tabulation Motion To Reject The Bids For The Ford Road
Sanitary Sewer Lift Station Replacement – Project No. 2005-1200
Page 1
4d. Bid Tabulation: Motion to reject the bids for the Ford Road Sanitary Sewer Lift
Station Replacement – Project No. 2005-1200 and authorize re-advertisement for
bids.
BACKGROUND:
This project consists of the construction of a submersible sanitary sewer lift station to replace the
aging dry well station. The project will include new station, controls, pumps and appurtenances,
forcemain rehabilitation, and an emergency generator power supply.
The existing Ford Road Lift Station was installed in 1970 and consists of a prefabricated steel
dry well which houses two pumps, piping, valves and electrical control equipment. A 6-foot
diameter concrete wet well, which collects and stores wastewater, is located adjacent to the dry
well. The existing forcemain is approximately 800 feet long and is a combination of 8-inch and
10-inch diameter pipe. Wastewater is pumped from the wet well under pressure upwards
through the forcemain and then expelled into a gravity flow sewer where it eventually reaches
the regional collection system.
The existing station has reached its life expectancy. The repair parts for the pumps are being
discontinued and will be difficult to acquire in the future. The current station is inoperable
during a power outage. This station’s high volume use and remote location requires additional
time and cost to service.
BID ANALYSIS:
Three bids for the project were received on June 9, 2006; however one was incomplete and not
accepted. An advertisement for bids was published in the St. Louis Park Sun-Sailor on May 18
and May 25, 2006 and in the Construction Bulletin on May 19, 2005. A summary of the bid
result is as follows:
Staff has reviewed the bids submitted and has tabulated the results. The lowest bid was 63%
above the Engineer’s Estimate. With two bids received and the costs considerably over the
estimate, staff recommends rejecting the bids and re-advertising in the fall.
LEGAL:
The project proposal language states that the City reserves the right to reject any and all bids.
Staff has discussed the bid rejection with City Attorney, Tom Scott.
CONTRACTOR BID AMOUNT
Engineering & Construction Innovations, Inc. $545,000
Gridor Construction, Inc. $599,854
Engineer’s Estimate $333,762
St. Louis Park Council Meeting
Item: 071006 - 4d - Bid Tabulation Motion To Reject The Bids For The Ford Road
Sanitary Sewer Lift Station Replacement – Project No. 2005-1200
Page 2
PROJECT STATUS:
While this project was out for bids, the city received a number of requests for the bid package
(20). The requests came mostly from sub-contractors and material suppliers. From conversation
with City’s engineering design consultant, Barr Engineering, there are a number of issues that
may have contributed to the high price of the bids including:
The time of the year the bids were opened combined with the large amount workload
currently available for contractors
The recent increased cost of pipe lining (needed for forcemain rehabilitation)
Not having the exact depth and location of the existing forcemain
Specified construction methods outlined by the Engineer
Staff and Barr Engineering have discussed changes to the bid package as well a fall letting time
with an extended project completion time that we believe will provide for more contractor
interest and result in lower construction costs.
CONSTRUCTION TIMING:
The current lift station is functioning adequately and a six (6) month delay in getting this project
completed should not cause any problems or issues. The revised plans & specifications and bid
package will we ready for a fall bid letting. This would allow for the work to begin in either
winter or spring. It is anticipated that the construction would take about 3-4 months to complete.
Prepared By: Scott Merkley, Public Works Coordinator
Reviewed By: Michael P. Rardin, Director of Public Works
Scott Anderson, Utilities Superintendent
Approved By: Nancy Gohman, Deputy City Manager
St. Louis Park Council Meeting
Item: 071006 - 4e - Approve Resolution Establishing A Special Assessment For The Repair
Of The Water Service Line At 2214 Quebec Dr
Page 1
4e. Motion to approve resolution establishing a special assessment for the repair of the
water service line at 2214 Quebec Drive.
BACKGROUND:
Aaron Hulett, owner of the single family residence at 2214 Quebec Drive, has requested the City
to authorize the repair of the water service line for their home and assess the cost against the
property in accordance with the City’s special assessment policy.
ANALYSIS:
The City requires the repair of service lines to promote the general public health, safety and
welfare within the community. The special assessment policy for the repair or replacement of
water or sewer service lines for existing homes was adopted by the City Council in 1996. This
program was put into place because sometimes property owners face financial hardships when
emergency repairs like this are unexpectedly required.
Plans and permits for this service line repair work were completed, submitted, and approved by
City staff. The property owner hired a contractor and repaired the water service line in
compliance with current codes and regulations. Based on the completed work, this repair
qualifies for the City’s special assessment program. The property owner has petitioned the City
to authorize the water service line repair and special assess the cost of the repair. The total
eligible cost of the repair has been determined to be $2,458.38.
Attachments: Resolution
Prepared By: Scott Anderson, Utility Superintendent
Through: Mike Rardin, Public Works Director
Bruce DeJong, Director of Finance
Approved By: Nancy Gohman, Deputy City Manager
St. Louis Park Council Meeting
Item: 071006 - 4e - Approve Resolution Establishing A Special Assessment For The Repair
Of The Water Service Line At 2214 Quebec Dr
Page 2
RESOLUTION NO. 06-112
RESOLUTION AUTHORIZING THE REPAIR AND SPECIAL ASSESSMENT OF
THE WATER SERVICE LINE AT 2214 QUEBEC DRIVE
WHEREAS, the Property Owners at 2214 Quebec Drive have petitioned the City of St.
Louis Park to authorize a special assessment for the repair of the water service line for the single
family residence located at 2214 Quebec Drive; 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
Utility Superintendent related to the repair of the water service line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The petition from the Property Owners requesting the approval and special assessment for
the water service line repair is hereby accepted.
2. The water service line repair that was done in conformance with the plans and specifications
approved by the Public Works Department and Department of Inspections is hereby
accepted.
3. The total cost for the repair of the water service line is accepted at $2,458.38.
4. The total special assessment against the property has been determined to be $2,458.38.
5. 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.
6. The Property Owners have agreed to pay the City for the cost of the above improvements
through a special assessment over a ten (10) year period at the interest rate of the 20 year
Treasury bill rate on November 1, 2006 plus 1%.
7. The Property Owners have executed an agreement with the City and all other documents
necessary to implement the repair of the water service line and the special assessment of all
costs associated therewith.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
St. Louis Park Council Meeting
Item: 071006 - 4e - Approve Resolution Establishing A Special Assessment For The Repair
Of The Water Service Line At 2214 Quebec Dr
Page 3
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 4f - Resolution Waiving Application Of Subdivision Regulations For
Property Located At 2715 Monterey Ave S
Page 1
4f. Motion to approve resolution waiving application of subdivision regulations to
allow recording of Metes and Bounds conveyance of property located at 2715
Monterey Ave S.
BACKGROUND:
At the December 5, 2005 Council meeting the Council determined th at the vacant parcel located
at 2715 Monterey Ave would be sold for construction of a single family home, and directed staff
to prepare the parcel for sale. To this end a resolution directing reconveyance of the tax forfeited
land at 2715 Monterey Ave S was approved on January 17, 2006. See attached resolution.
Since only the portion of the parcel east of Monterey Ave S is being reconveyed, a resolution
waiving application of the subdivision regulations to allow tax forfeit property to be subdivided
is required. The westerly portion of the parcel will remain as tax forfeit property. See map
below.
RECOMMENDATION:
Staff recommends approval of the resolution waiving application of the subdivision regulations
to allow reconveyance of a portion of the 2715 Monterey Ave parcel.
Attachments: Resolution No. 06-15 directing the reconveyance to the state of Minnesota
of certain tax-forfeited lands at 2715 Monterey Avenue South, St. Louis
Park, Minnesota
Resolution waiving application of subdivision regulations to allow
recording of Metes and Bounds conveyance of property located at 2715
Monterey Avenue South
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 4f - Resolution Waiving Application Of Subdivision Regulations For
Property Located At 2715 Monterey Ave S
Page 2
RESOLUTION NO. 06-015
RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE OF
MINNESOTA OF CERTAIN TAX-FORFEITED LANDS AT
2715 MONTEREY AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA
WHEREAS, the City Council of the City of St. Louis Park is the official governing body
of the City of St. Louis Park; and
WHEREAS, pursuant to that certain tax-forfeited lands dated June 30, 1949 and filed on
February 25, 1958 as Doc Number 552366 with the Hennepin County Registrar of Titles, the
City of St. Louis Park became the present owner for public use of certain tax-forfeited lands
located at 2715 Monterey Avenue South in the City of St. Louis Park, Hennepin County, and
legally described as follows:
Commencing 699.05 feet North of Southwest corner of Northwest Quarter of SE Quarter (NW ¼
of SE ¼), Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-Four (24); thence
South 71 ½ degrees East to West line of Peabody Addition to St. Louis Park; thence South 105.4
feet; thence North 71 ½ degrees West to West line of Southeast Quarter (SE¼); thence North to
beginning, except Monterey Avenue, in the Village of St Louis Park.
WHEREAS, the City desires to reconvey these tax-forfeited lands (the “Premises”) to
the State of Minnesota for the purposes of an outright purchase by the City of fee title to t he
Premises;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. LOUIS PARK IN REGULAR MEETING ASSEMBLED:
(1) Staff is authorized and directed to take such steps as are necessary to reconvey the
Premises to the State of Minnesota for purposes of subsequent purchase by the City; and
(2) The Mayor and City Manager and staff are authorized to prepare and execute such
documents as are necessary to accomplish the reconveyance.
Reviewed for Administration: Adopted by the City Council January 17, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 4f - Resolution Waiving Application Of Subdivision Regulations For
Property Located At 2715 Monterey Ave S
Page 3
RESOLUTION NO. 06-113
RESOLUTION WAIVING APPLICATION OF SUBDIVISION REGULATIONS
TO ALLOW RECORDING OF METES AND BOUNDS CONVEYANCE OF
PROPERTY LOCATED AT 2715 MONTEREY AVENUE SOUTH
WHEREAS, pursuant to that certain tax-forfeited lands certificate dated June 30, 1949
and filed on February 25, 1958 as Document No. 552366 with the Hennepin County Registrar of
Titles, the City of St. Louis Park became the present owner for public use of certain tax-forfeited
lands located at 2715 Monterey Avenue South in the City of St. Louis Park, Hennepin County,
and legally described as follows:
Commencing 699.05 feet North of Southwest corner of Northwest Quarter of Southeast
Quarter, Section 31, Township 29, Range 24; thence South 71.5 degrees East to West line
of Peabody Addition to St. Louis Park; thence South 105.4 feet; thence North 71.5
degrees West to West line of said Northwest Quarter of the Southeast Quarter; thence
North to beginning, except Montezuma Avenue, now known as Monterey Avenue.
WHEREAS, the City is in the process of reconveying the portion of this tax -forfeited
land located east of Monterey Avenue South (the “Premises”) to the State of Minnesota for the
purposes of an outright purchase by the City of fee title to the Premises and public sale for one
single family lot; and
WHEREAS, the Premises is already physically separated from the remainder of the tax -
forfeited land, which will remain in public use, by Monterey Avenue South.
NOW, THEREFORE, be it resolved by the City Council of the City of St. Louis Park,
Minnesota:
1. The City Council hereby finds that compliance with the City subdivision
regulations will create an unnecessary hardship and failure to comply does not interfere with the
purpose of the subdivision regulations.
2. Pursuant to Minnesota Statutes §462.358, Subd. 4b, the St. Louis Park City
Council hereby waives compliance with its subdivision regulations and authorizes
the filing and recording of a metes and bounds conveyance of the above-described
parcel.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 4g - Resolution Directing Reconveyance Of Tax Forfeit Property Located At
7701 Edgebrook Drive
Page 1
4g. Motion to approve resolution to reconvey tax forfeit property at 7701 Edgebrook
Drive to the State of Minnesota
BACKGROUND:
On December 5, 2005 the City Council passed resolutions directing staff to prepare certain
excess land parcels for sale. The preparation of the vacant land parcels to be sold is underway,
and three parcels are currently being bid, with a bid deadline of July 14, 2006.
Early title work indicated that the City held the warranty deed for the parcel located at 7701
Edgebrook Drive. However, recently a state deed was found that indicates this is tax forfeit
property. Consequently a resolution directing reconveyance of the site to the State is required to
ultimately allow the City to purchase the property and then sell it for a single family home. The
city attorney has advised a postponement of the bidding of this parcel and potential bidders are
being notified regarding the delay.
RECOMMENDATION:
Staff recommends the Council approve the resolution directing the reconveyance of tax forfeit
properties located at 7701 Edgebrook Drive.
Attachments: Resolution Directing Reconveyance of Tax Forfeited Lands
Prepared By: Kathy Larsen, Housing Programs Coordinator
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 4g - Resolution Directing Reconveyance Of Tax Forfeit Property Located At
7701 Edgebrook Drive
Page 2
RESOLUTION NO 06-114
RESOLUTION DIRECTING THE RECONVEYANCE TO THE STATE OF
MINNESOTA OF CERTAIN TAX-FORFEITED LANDS AT
7701 EDGEBROOK DRIVE, ST. LOUIS PARK, MINNESOTA
WHEREAS, the City Council of the City of St. Louis Park is the official governing body
of the City of St. Louis Park; and
WHEREAS, pursuant to that certain tax-forfeited lands dated October 7, 1963 , and filed
on January 6, 1964, as Doc Number 755201 with the Hennepin County Recorders Office the
City of St. Louis Park became the present owner for public use of certain tax-forfeited lands
located at 7701 Edgebrook Drive in the City of St. Louis Park, Hennepin County, and legally
described as follows:
The Southwesterly 5 ft of Lot 8 and all of Lots 9, 10, 11 and 12,, Block 330 Rearrangement of
St. Louis Park
WHEREAS, the City desires to reconvey these tax-forfeited lands (the “Premises”) to
the State of Minnesota for the purposes of an outright purchase by the City of fee title to the
Premises;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. LOUIS PARK IN REGULAR MEETING ASSEMBLED:
(1) Staff is authorized and directed to take such steps as are necessary to reconvey the
Premises to the State of Minnesota for purposes of subsequent purchase by the City; and
(2) The Mayor and City Manager and staff are authorized to prepare and execute such
documents as are necessary to accomplish the reconveyance.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Cl erk
St. Louis Park Council Meeting
Item: 071006 - 4h - Planning Comm Minutes Of June 7, 2006
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
June 7, 2006--6:00 p.m.
WESTWOOD CONFERENCE ROOM
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis
Morris, Richard Person, Carl Robertson
MEMBERS ABSENT: Jerry Timian
STAFF PRESENT: Adam Fulton, Meg McMonigal, Sean Walther
1. Call to Order – Roll Call
2. Approval of Minutes of May 17, 2006
Commissioner Robertson made a motion to approve the minutes of May 17, 2006.
Commissioner Morris seconded the motion, and the motion passed on a vote of
6-0.
3. Hearings
A. Highway 7 Corporate Center
Conditional Use Permit for office and Variances
Location: 7003 Lake Street
Applicant: CPE Exchange (Paul Hyde)
The public hearing was continued to June 21, 2006. No one was present wishing to
speak.
4. Other Business
Commissioners had a short discussion regarding requirements for applicants.
5. Adjournment
The meeting was adjourned at 6:05 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park Council Meeting
Item: 071006 - 4i - Boza Minutes Of May 25, 2006
Page 1
MINUTES OF MAY 25, 2006
BOARD OF ZONING APPEALS
CITY OF ST. LOUIS PARK
The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on
Thursday, May 25 , 2006, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis
Park, Minnesota.
Members Present: Chair Ryan Burt
Vice Chair James Gainsley
Commissioner Susan Bloyer (7:07 p.m.)
Commissioner Paul Roberts
Commissioner Henry Solmer
Members Absent: None
Staff Present: Gary Morrison, Assistant Zoning Administrator
Tara Olson, Community Development Secretary
1. CALL TO ORDER – ROLL CALL
Chair Burt called the regular meeting to order at 7:00 p.m.
2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES
Motion by Vice Chair Gainsley, seconded by Commissioner Solmer to approve the following
minutes as presented with one correction:
Page 1, Acting Chair Gainsley called the Meeting to Order not Acting Chair Roberts.
1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated April
27, 2006.
Motion Carried. Voting Yes: Burt, Gainsley, Roberts, and Solmer. Voting No: None.
3. CONSENT AGENDA
None
4. PUBLIC HEARINGS/COMMITTEE BUSINESS
A. Case No. 06-39-VAR – The request by Randy Hobbs (Residential Renewal, Inc.)
from the requirements of Section 36-164(f)(5) & (8)) to allow an addition to the
house with a 28.4 foot front yard instead of the required 39.7 feet, and a 6.8 foot side
yard instead of the required 13.3 feet for property located at 3981 Princeton Avenue
South.
Staff believes all of the criteria have been satisfied, staff recommends adoption of the attached
Resolution #09-06 approving an 11.3 foot variance to the required 39.7 foot front yard and a 6.5
St. Louis Park Council Meeting
Item: 071006 - 4i - Boza Minutes Of May 25, 2006
Page 2
foot variance to the required 13.3 foot interior side yard with the condition that the addition be
constructed in accordance to the attached site plan and elevation exhibits.
Commissioner Bloyer reviewed the applicants narratives and questioned Narrative C stating, if
this house were sitting any place else in this neighborhood we would not need this variance.
Mr. Morrison stated that the applicant’s home is wider than deeper and we don’t tend to see very
many homes this wide on a 50 foot lot. The applicant’s narrative is true because typically they
would be able to build on the back of the home but since the bedroom is in the back corner of the
house they could have easily built the addition onto the back of the house.
Commissioner Solmer questioned Mr. Morrison that if the variance were to be approved would
the fireplace vent be to close to the construction.
Mr. Morrison stated the construction will be fine.
With no questions, Chair Burt opened the public hearing.
Randy Hobbs, applicant of 3981 Princeton Avenue South, informed the Commissioners that he is
a builder and he has tried to find other alternatives for placement of the addition. He would
prefer to not request a variance because he would like to keep his home as similar as possible
with the surrounding neighborhood homes.
With no questions, Chair Burt closed the public hearing.
Commissioner Gainsley is in favor of granting the variance because he believes the proposed
setbacks to both the side and front are consistent with the setbacks of other homes on the block.
Commissioner Bloyer agrees with Vice Chair Gainsley and recommends approval of the
requested variance.
Commissioner Solmer mentioned to the applicant that both his neighbors homes look to be
positioned closer to the street compared to the applicants property.
Mr. Hobbs stated that both neighboring homes are closer to the street then his home.
Motion by Vice Chair Gainsley, seconded by Commissioner Bloyer, to adopt Resolution #09-06,
approving a variance to allow an 11.3 foot variance to the required 39.7 foot front yard and a 6.5
foot variance to the required 13.3 foot interior side yard with the condition that the addition be
constructed in accordance to the attached site plan and elevation exhibits for property located at
3981 Princeton Avenue South.
Motion Approved. Voting Yes: Burt, Bloyer, Gainsley, Roberts, and Solmer. Voting No: None.
B. Case No. 06-40-VAR – The request by Jim & Angie Fischer from the requirements
of Section 36-164(b)(5) of the zoning Ordinance to allow an open porch with a 10.5 foot
front yard setback instead of the required 20 foot setback for property located at 1816
Jersey Avenue South.
St. Louis Park Council Meeting
Item: 071006 - 4i - Boza Minutes Of May 25, 2006
Page 3
Staff believes six of the seven required criteria have been satisfied, staff recommends adoption of
the attached Resolution #10-06 denying a 10 foot variance to the required 20 foot front yard
setback required for open covered porches.
Commissioner Bloyer stated that she reviewed staffs recommended alternatives and asked if staff
consider removing the downstairs bedroom?
Mr. Morrison stated that there would be some rearranging that is needed inside the home and
there are alternatives. At a minimum the applicant could construct a stoop which would not
require a variance.
Commissioner Solmer questioned if the home at one time had a front door or a porch.
Mr. Morrison stated that at one time the home did have a porch.
Commissioner Solmer asked if the applicants lilac hedge is planted on the city right-of-way.
Mr. Morrison stated that the hedge is on the city right-of-way.
Commissioner Bloyer stated that she notices a grade change at the point of the lilac shrubs and
questions if that area of grade change is owned by the city or the applicant?
Mr. Morrison stated that majority of the hedges are located on the public right-of-way and the
grade change is not significant enough to prohibit an addition to the home.
With no questions, Chair Burt opened the public hearing.
James Fischer, applicant of 1816 Jersey Avenue South, stated that he is concerned with staff’s
findings and would like to briefly summarize his concerns. His home was constructed in 1915
and at that time a street was constructed 34 feet along the rear of his home. When he enters his
home he has to enter the home through the rear which is a small unattractive entry way which
leads into the small kitchen and feels this is a practical difficulty.
Mr. Fischer stated that staff has agreed that the entry does needs to be better defined however
they suggested this could be accomplished by constructing a side entry. He feels that a side entry
would look tacked on and not look conforming to the design of the home and a side entry would
still enter directly into the kitchen area. Mr. Fischer handed Chair Burt a site drawing (labeled as
Exhibit A and B) showing an interior site plan of the existing home. Mr Fischer stated he
understands that the porch will encroach into the front yard and is not the most desirable but
there is no other way to resolve the entry problem without using the front yard.
Mr. Fischer stated that he is willing to compromise on the size of the porch, instead of
constructing a 8 foot porch he is willing to construct a 6 foot porch which would add 2 feet to the
setback.
St. Louis Park Council Meeting
Item: 071006 - 4i - Boza Minutes Of May 25, 2006
Page 4
Vice Chair Gainsley asked the applicant if he felt the property was once a larger lot prior to
platting.
Mr. Fischer stated that he believes the property was once a several acre raspberry farm.
Mr. Morrison stated the city approved a plat years ago to subdivide the lot which in turn the
placement of the street was constructed.
Vice Chair Gainsley asked Mr. Fischer if he was aware of the property limitations when he
purchased the home.
Mr. Fischer stated he wasn’t aware of setback requirements when he purchased the home.
Commissioner Bloyer asked Mr. Fischer if there were other alternatives for an entry placement
such as the bedroom.
Mr. Fischer stated he would prefer to not remove a bedroom on the main level of the home. He
feels that staff’s recommended side entry would be impractical and cause the kitchen to be
limited on counter and cabinet space.
Commissioner Solmer understands that Mr. Fischer would like to preserve a useful flow of space
within the house but he feels that using the original front door would be more useful because of
the current placement of the rear and side parking area.
With no questions, Chair Burt closed the public hearing.
Chair Burt stated he is in favor of granting this variance. He feels granting this variance would
allow the applicants to have a front yard with a front door which will provide function to the
overall home.
Commissioner Bloyer agrees with Chair Burt that currently the home doesn’t have function or
usability and feels the way the property was platted is a hardship.
Vice Chair Gainsley agrees that the platting is a hardship but the applicants were aware of the
home and property layout when they decided to purchase the home and is inclined to deny the
variance request.
Commissioner Roberts stated he recalls granting a variance for a fence because the applicant’s
home faced a different orientation and by granting that variance the applicant was able to
establish a front yard. He is in favor of granting this variance.
Commissioner Solmer feels the applicant has other alternatives but they are limited.
Motion by Chair Burt, seconded by Commissioner Bloyer, to adopt Resolution #10-06,
approving a variance to allow a open covered porch with 12.5 foot front yard setback instead of
the required 20 foot setback for property located at 1816 Jersey Avenue.
St. Louis Park Council Meeting
Item: 071006 - 4i - Boza Minutes Of May 25, 2006
Page 5
Motion Approved. Voting Yes: Burt, Bloyer, Gainsley, Roberts and Solmer. Voting No: None.
C. Case No. 06-41-VAR – The request by Marwan Rahal from the requirements of
Section 36-164(f)(8) of the zoning Ordinance to allow an addition to be built on the front
and back of the house at the existing side yard instead of the greater setback required for
buildings over 40 feet long for property located at 3517 Xylon Avenue South.
Mr. Morrison announced that Mr. Rahal has decided to withdraw his request.
D. Case No. 06-42-VAR – The request by Thomas & Andrea Snook from the
requirements of Section 36-164(f)(10) of the zoning Ordinance to allow a garage and living
space addition to the house with a 2.5 foot setback for the eave instead of the required 3.5
foot setback and a 3.0 foot setback for the garage instead of the required 4 foot setback
located at 3725 Huntington Avenue South.
Staff believes all of the criteria have been satisfied staff recommends adoption of the attached
Resolution approving a one foot variance to the required 4 foot side yard with the condition that
the addition be constructed in accordance to the attached site plan and elevation exhibits.
Commissioner Bloyer asked staff if the applicants would be able to construct a two car garage in
the rear yard and still maintain the required open space coverage.
Mr. Morrison stated that a 24 x 24 foot two car garage could be constructed in the rear yard and
which would allow them to maintain 25% lot coverage. However, the owners will not be able to
expand the home to provide the additional living space they are requesting.
Mr. Morrison stated that the applicants are interested in constructing additional living space
above the garage.
Vice Chair Gainsley asked staff if the distance is known between the neighboring house and the
garage.
Mr. Morrison stated that the neighboring house is about 9-10 feet.
With no questions, Chair Burt opened the public hearing.
Thomas Snook, applicant of 3725 Huntington Avenue, stated that the neighboring property and
his garage are currently 12 feet apart and he is proposing to construct a garage which would bring
the distance to 10 feet. At this time he realized that his property survey was misread and will
need to amend his original request. He would like to receive a variance to allow a 2 foot setback
instead of a 3 foot setback.
Vice Chair Gainsley explained to Mr. Snook that he can’t amend his request with out proper
publishing and public notification.
St. Louis Park Council Meeting
Item: 071006 - 4i - Boza Minutes Of May 25, 2006
Page 6
Mr. Morrison explained that the applicants are still applying for a 2 foot variance because they
thought they were at 5 feet but they are actually at 4 feet and technically the legal setback for this
property is 4 feet.
Chair Burt asked staff to explain the new requested distance at the lot line.
Mr. Morrison stated that the distance shows 4 feet.
Chair Burt stated to Mr. Snook that a revised public hearing needs to be sent to the public and
asked if he would be interested in continuing his request to the June 22 meeting which will allow
proper time for notification.
Mr. Snook agreed to continue his variance request to June 22, 2006.
Motion by Vice Chair Gainsley, seconded by Chair Burt, to continue discussion at the next
regular schedule meeting on June 22, 2006.
Motion Approved. Voting Yes: Burt, Bloyer, Gainsley, Roberts and Solmer. Voting No: None.
5. Old Business
None
6. New Business
None
7. Communications
None
8. Miscellaneous
None
9. Adjournment
Vice Chair Gainsley moved and Commissioner Bloyer seconded the motion for adjournment.
The regular meeting of the Board of Zoning appeals adjourned at 8:15 p.m.
Respectfully Submitted,
Tara Olson
Community Development Secretary
St. Louis Park Council Meeting
Item: 071006 - 4j - Approve Vendors For Fitness Equipment In The Fire Department
Page 1
4j. Motion to approve vendors for Fitness Equipment in the Fire Department
BACKGROUND:
The Fire Department continues to move forward with their Fitness/Wellness Program. The
motion before the Council is for the selection of the Fitness Equipment vendors. The
Fitness/Wellness grant from the Department of Homeland Security is funding 90% of the costs
of the equipment purchases.
The Council approved (on consent) the Bid process on June 5th. An ad was placed in the
Sun/Sailor on June 15. Five bids were opened in the Fire Department on June 30th. The bids
were heavily scrutinized and the recommendations are below.
RECOMMENDATION:
The Fire Department would ask that the Council select the following vendors for the Fitness
Equipment. The Fire Department based the recommendations on the following criteria,
1) Equipment must have met the specifications in the proposal
2) Low bid was selected
3) IF low bid was not selected, comments are next to the item (see attachment).
Bid Summary
2nd Wind 1-Rear Drive Elliptical = $3100 2-Rowing Machines = $1950
1-Power Rack = $950 2-Dumbbell Racks = $775
26-Weight Mats = $1170 5-Exercise mats = $100
1-Weight Bench = $250
Magnum Fitness 3-Treadmills = $11,685 2-Frnt Dr. Elliptical = $5990
1-Functional Trainer = $2895 2-Recumbent Bikes = $3840
2-Weight Benches = $1170
OneSource Fitness 2-Starimills = $8430 2-Rubber Hex Dumbbells = $2274
Minnesota Fitness 1-Smith Rack = $2549
Lafayette Instruments Handgrip/Leg/Arm Dynamometer = $4170
Bid Total $ 51,298
The original cost estimate for the equipment was approximately $57,000
Attachments: Fire Fitness Equipment Bid Tabulation – (Supplement)
Prepared by: Mike Dobesh, Battalion Chief
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 1
6a. Roitenberg Assisted Living Project Refunding Bonds
This report requests that the City Council hold a public hearing and adopt a resolution
approving an amended housing program and authorizing the sale of refunding bonds for
Sholom Community Alliance.
Recommended
Action:
Mayor to close the public hearing and adopt a resolution approving
“AN AMENDED HOUSING PROGRAM, AUTHORIZING THE
ISSUANCE, SALE, AND DELIVERY OF ITS REVENUE
REFUNDING BONDS (ROITENBERG FAMILY ASSISTED
LIVING RESIDENCE PROJECT), SERIES 2006”.
PURPOSE OF DISCUSSION:
The City has received a request from the Sholom Community Alliance for issuance of Private
Activity Refunding Bonds. The purpose of this agenda item is to provide opportunity for the
City Council to take public comment regarding this proposed refinancing and authorize the sale
of the refunding bonds as outlined in the background section.
BACKGROUND:
Sholom Community Alliance has followed the procedure required to issue private activity bonds
as adopted by the City Council. This refunding is being performed for two purposes. The new
bonds will provide for interest rate savings for the project. The original bonds had significantly
more risk because the project was not yet constructed or leased. Because the Alliance was able
to build the facility within the budget and has fully leased the property, investors will view these
bonds as less risky and will accept a lower interest rate in return. The second reason for pursuing
this refunding is to modify restrictive covenants that were included with original issue. Those
covenants required a significant cash reserve to be maintained, limited the ability of Shalom to
issue new debt, and provided for a large debt service coverage ratio.
These bonds will be repaid entirely through the revenues generated by the Roitenberg project.
The City of St. Louis Park has no obligation for any repayment on this debt. There is no general
obligation pledge or any other covenant requiring city funding in case of a shortfall. City staff
has not participated in any of the design of the refunding bond offering. We have not reviewed
the Official Statements or any of the underlying financial projections for this project. We have
had our attorney, Mr. John Utley from Kennedy & Graven, review all of the documents to which
we are a party, and he is comfortable that our interests have been fully protected.
Approval of this financing will allow Sholom Community Alliance to financially manage the
project in more efficient manner. Mr. Utley and a representative from Sholom Community
Alliance will be present to answer any questions that the City Council may have. Staff
recommends that the City Council hold the public hearing, close the public hearing, and adopt
the resolution as attached.
Attachments: Resolution
Prepared by: Bruce DeJong, Finance Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 2
RESOLUTION NO. 06-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS
PARK, MINNESOTA, APPROVING AN AMENDED HOUSING
PROGRAM, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY
OF ITS REVENUE REFUNDING BONDS (ROITENBERG FAMILY
ASSISTED LIVING RESIDENCE PROJECT), SERIES 2006; PAYABLE
SOLELY FROM REVENUES PLEDGED PURSUANT TO THE
INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE BONDS AND RELATED
DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND
REMEDIES WITH RESPECT TO THE BONDS
WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and
political subdivision duly organized and existing under its Charter and the Constitution and laws
of the State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out
the public purposes described therein and contemplated thereby by issuing its revenue bonds or
other obligations to make a loan to finance a multifamily housing development, including the
financing of the costs of the acquisition and preparation of a site and the construction of a new
multifamily housing development for rental primarily to elderly persons; and
WHEREAS, a multifamily housing development may consist of a multifamily housing
development and a new health care facility if: (i) the multifamily housing development is
designed and intended to be used for rental occupancy; (ii) the multifamily housing development
is designed and intended to be used primarily by elderly or physically handicapped persons; and
(iii) nursing, medical, personal care, and other health related assisted living services are available
on a 24-hour basis in the development to the residents; and
WHEREAS, in the issuance of its revenue bonds or obligations and in the making of a
loan to finance a multifamily housing development the City may exercise, within its corporate
limits, any of the powers that the Minnesota Housing Finance Agency may exercise under
Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of
Minnesota Statutes, Chapter 475, as amended; and
WHEREAS, under the Act, the City may also issue revenue bonds for the purpose of
refunding any revenue bonds of the City previously issued under the Act, including the payment
of any redemption premium and any interest to accrue to the redemption date; and
WHEREAS, the City received an application for private activity revenue bond financing
from Sholom Community Alliance, a Minnesota nonprofit corporation (the “Corporation”), with
respect to a multifamily housing development to be known as the Roitenberg Family Assisted
Living Residence and described as follows: (i) a 76-unit assisted living facility for occupancy by
elderly persons comprised of fifty-two units of conventional assisted living units and twenty-four
special care units; (ii) to be housed in a single four-story building of approximately 84,000
square feet; and (iii) to be located at 3610 Phillips Parkway in the City (the “Project”); and
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 3
WHEREAS, the Corporation formed Sholom Community Alliance, LLC, a Delaware
nonprofit limited liability company (the “Company”), to own the Project; and
WHEREAS, the City prepared a housing program (the “Housing Program” or
“Program”) to authorize the issuance by the City of up to $19,000,000 in revenue bonds to
finance the acquisition, construction, and equipping by the Company of the Project; and
WHEREAS, the Housing Program was prepared and submitted to the Metropolitan
Council for its review on April 18, 2001; and
WHEREAS, following the publication of a notice (the “Public Notice”) of a public
hearing (in which a general, functional description of the Project was provided, as well as the
maximum aggregate face amount of the obligations to be issued with respect to the Project, the
identity of the initial owner, operator, or manager of the Project, and the location of the Project
by street address) in a newspaper circulating generally in the City at least fifteen (15) days before
the regularly-scheduled meeting of the City Council of the City on May 7, 2001, the City
Council conducted a public hearing at which a reasonable opportunity was provided for
interested individuals to express their views, both orally and in writing, on the Housing Program
and the proposed issuance of the Bonds (as defined below), and the location and nature of the
Project; and
WHEREAS, the proceeds derived from the sale of revenue bonds to be issued to finance
the Project (the “Series 2001 Bonds”) were loaned to the Company pursuant to the terms of a
Loan Agreement, dated as of June 1, 2001 (the “Original Loan Agreement”), between the City
and the Company; and
WHEREAS, the loan under the terms of the Original Loan Agreement was secured by a
Mortgage and Security Agreement, dated as of June 1, 2001 (the “Original Mortgage”), executed
by the Company, as mortgagor, in favor of the City, as mortgagee; and
WHEREAS, the Series 2001 Bonds were issued under a Trust Indenture, dated as of
June 1, 2001 (the “Original Indenture”), between the City and Wells Fargo Bank Minnesota,
National Association, as trustee (the “Trustee”), and the Series 2001 Bonds and the interest on
the Series 2001 Bonds: (i) were payable solely from the revenues pledged therefor; (ii) did not
constitute a debt of the City within the meaning of any constitutional or statutory limitation;
(iii) did not constitute nor give rise to a pecuniary liability of the City or a charge against its
general credit or taxing powers; and (iv) did not constitute a charge, lien, or encumbrance, legal
or equitable, upon any property of the City other than the City’s interest in the Project and the
Original Loan Agreement; and
WHEREAS, the loan repayments required to be made by the Company under the terms
of the Original Loan Agreement were assigned to the Trustee under the terms of the Original
Indenture and the City’s rights as mortgagee under the Original Mortgage were assigned to the
Trustee under the terms of an Assignment of Mortgage and Security Agreement, dated as of June
1, 2001 (the “Assignment of Mortgage”), between the City and the Trustee; and
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 4
WHEREAS, the Company has requested that the City: (i) issue its Revenue Refunding
Bonds (Roitenberg Family Assisted Living Residence Project), Series 2006 (the “Series 2006
Bonds”), in the original aggregate principal amount not to exceed $13,500,000, pursuant to the
terms of the Act and a Trust Indenture, to be dated on or after August 1, 2006 (the “Indenture”),
between the City and the Trustee; and (ii) loan the proceeds derived from the sale of the Series
2006 Bonds to the Company pursuant to the terms of a Loan Agreement, dated as of August 1,
2006 (the “Loan Agreement”), between the City and the Company; and
WHEREAS, the proceeds of the loan to the Company under the terms of the Loan
Agreement are to be applied to the following purposes: (i) the redemption and prepayment of the
Prior Bonds; (ii) the payment of certain capital improvements to the Project; (iii) to fund a debt
service reserve fund for the Series 2006 Bonds, and (iv) to pay the costs of issuance and certain
other costs associated with the issuance of the Series 2006 Bonds; and
WHEREAS, the City has prepared an Amended and Restated Housing Program (the
Amended Housing Program”) with respect to the issuance of the Series 2006 Bonds and the
application of the proceeds of the Series 2006 Bonds to the foregoing purposes; and
WHEREAS, the loan repayments under the terms of the Loan Agreement will be secured
by a Mortgage and Security Agreement, dated as of August 1, 2006 (the “Mortgage”), executed
by the Company, as mortgagor, in favor of the Trustee, as mortgagee; and
WHEREAS, prior to the consideration of this resolution, the City Council conducted a
public hearing at which a reasonable opportunity was provided for interested individuals to
express their views, both orally and in writing, on the Amended Housing Program and the
proposed issuance of the Series 2006 Bonds, and the location and nature of the Project; and
WHEREAS, a notice of the public hearing (in which a general, functional description of
the Project was provided, as well as the maximum aggregate face amount of the obligations to be
issued with respect to the Project, the identity of the initial owner, operator, or manager of the
Project, and the location of the Project by street address) was published in a newspaper
circulating generally in the City at least fourteen (14) days before the regularly-scheduled
meeting of the City Council of the City on July 10, 2006;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS:
1. The Amended Housing Program is hereby adopted, ratified, and approved in all
respects without amendment. The preparation of the Amended Housing Program and the
submission of the Housing Program to the Metropolitan Council are hereby ratified, confirmed,
and approved.
2. The City Manager is hereby authorized to do all other things and take all other
actions as may be necessary or appropriate to carry out the Amended Housing Program in
accordance with the Act and any other applicable laws and regulations.
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 5
3. The City acknowledges, finds, determines, and declares that the issuance of the
Series 2006 Bonds is authorized by the Act and is consistent with the purposes of the Act and
that the issuance of the Series 2006 Bonds and the other actions of the City under the Indenture,
the Loan Agreement, and this resolution constitute a public purpose and are in the best interests
of the City.
4. The City understands that the Borrower will pay directly or through the City any
and all costs incurred by the City in connection with the Amended Housing Program, whether or
not the Series 2006 Bonds are issued.
5. In order to apply all or a portion of the proceeds of the Bonds to reimburse the
Company for Project expenditures paid prior to the date of issuance of the Series 2006 Bonds,
Treasury Regulations, Section 1.150-2 (the “Regulations”), require that the City adopt a
statement of official intent to reimburse such original expenditures not later than sixty days after
payment of the original expenditures. The Regulations also generally require that the Series
2006 Bonds be issued and the reimbursement allocation made from the proceeds of the Series
2006 Bonds occur within eighteen months after the later of: (i) the date the expenditure is paid;
or (ii) the date the Project is placed in service or abandoned, but in no event more than three
years after the date the expenditure is paid. The Regulations generally permit reimbursement of
capital expenditures and costs of issuance of the Series 2006 Bonds. The City expects to
reimburse the Company for the expenditures made for costs of the Project from the proceeds of
the Series 2006 Bonds in an estimated maximum aggregate principal amount not to exceed
$100,000 after the date of payment of all or a portion of the costs of the Improvements. All
reimbursed expenditures shall be capital expenditures, a cost of issuance of the Series 2006
Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Regulations and also qualifying expenditures under the Act.
6. For the purposes set forth above, there is hereby authorized the issuance, sale, and
delivery of the Series 2006 Bonds in one or more series in the maximum aggregate principal
amount not to exceed $13,500,000. The Series 2006 Bonds shall bear interest at fixed rates
established by the terms of the Indenture. The Series 2006 Bonds shall be designated, shall be
numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be
in such form, and shall have such other terms, details, and provisions as are prescribed in the
Indenture, in the form now on file with the City, with the amendments referenced herein. The
City hereby authorizes the Series 2006 Bonds to be issued as “tax-exempt bonds” the interest on
which is not includable in gross income for federal and State of Minnesota income tax purposes.
All of the provisions of the Series 2006 Bonds, when executed as authorized herein, shall
be deemed to be a part of this resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution and delivery
thereof. The Series 2006 Bonds shall be substantially in the forms in the Indenture on file with
the City, which forms are hereby approved, with such necessary and appropriate variations,
omissions, and insertions (including changes to the aggregate principal amount of the Series
2006 Bonds, the stated maturities of the Series 2006 Bonds and the maturity dates, the interest
rates on the Series 2006 Bonds, the terms of redemption of the Series 2006 Bonds, and variation
from City policies regarding methods of offering conduit bonds) as the Mayor and the City
Manager (the “Mayor” and “City Manager”), in their discretion, shall determine. The execution
of the Series 2006 Bonds with the manual or facsimile signatures of the Mayor and the City
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 6
Manager and the delivery of the Series 2006 Bonds by the City shall be conclusive evidence of
such determination.
7. The Series 2006 Bonds shall be special limited obligations of the City payable
solely from the revenues provided by the Company pursuant to the Loan Agreement, the
Mortgage, and other funds pledged by the Company to the Trustee. The City Council of the City
hereby authorizes and directs the Mayor and the City Manager to execute and deliver the
Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the
execution of the Series 2006 Bonds in accordance with the terms of the Indenture, and hereby
provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations,
duties, and agreements of the owners of the Series 2006 Bonds, the City and the Trustee as set
forth therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim
herein and shall be in full force and effect from the date of execution and delivery thereof. The
Indenture shall be substantially in the form on file with the City, which is hereby approved, with
such necessary and appropriate variations, omissions, and insertions as do not materially change
the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine,
and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of
such determination.
8. The Mayor and City Manager are hereby authorized and directed to execute and
deliver the Loan Agreement and the Bond Purchase Agreement, between the City, Dougherty &
Company LLC (the “Underwriter”), and the Company (the “Bond Purchase Agreement”). All of
the provisions of the Loan Agreement, Mortgage, and Bond Purchase Agreement, when executed
and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to
the same extent as if incorporated verbatim herein and shall be in full force and effect from the
date of execution and delivery thereof. The Loan Agreement, Mortgage, and Bond Purchase
Agreement shall be substantially in the forms on file with the City which are hereby approved,
with such omissions and insertions as do not materially change the substance thereof, or as the
Mayor and the City Manager, in their discretion, shall determine, and the execution of the Loan
Agreement and the Bond Purchase Agreement by the Mayor and the City Manager shall be
conclusive evidence of such determination.
9. The Bonds shall be revenue obligations of the City the proceeds of which shall be
disbursed pursuant to the terms of the Indenture and the Loan Agreement, and the principal,
premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the
revenues derived from the Loan Agreement, the revenues and assets pledged and assigned under
the terms of the Mortgage, and the other sources set forth in the Indenture.
10. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the
Series 2006 Bonds.
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 7
11. The Mayor and City Manager of the City are hereby authorized to execute and
deliver, on behalf of the City, such other documents as are necessary or appropriate in
connection with the issuance, sale, and delivery of the Series 2006 Bonds, including various
certificates of the City, the Tax Exemption Agreement, the Information Return for Tax-Exempt
Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be
necessary and appropriate in connection with the issuance, sale, and delivery of the Series 2006
Bonds. The City hereby approves the execution and delivery by the Trustee of the Indenture and
all other instruments, certificates, and documents prepared in conjunction with the issuance of
the Series 2006 Bonds that require execution by the Trustee. The City hereby authorizes
Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its
approving legal opinion with respect to the Bonds.
12. The City has not participated in the preparation of the Preliminary Official
Statement or the Official Statement relating to the offer and sale of the Series 2006 Bonds
(collectively, the “Official Statement”), and has made no independent investigation with respect
to the information contained therein, including the appendices thereto, and the City assumes no
responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the
foregoing, the City hereby consents to the distribution and the use by the Underwriter in
connection with the sale of the Series 2006 Bonds of the Official Statement. The Official
Statement is the sole material consented to by the City for use in connection with the offer and
sale of the Series 2006 Bonds. The City hereby approves the Continuing Disclosure Agreement,
dated as of August 1, 2006 (the “Continuing Disclosure Agreement”), between the Company and
the Trustee, in the form now on file with the City, and hereby authorizes the Trustee to execute
and deliver the Continuing Disclosure Agreement.
The Series 2006 Bonds are not rated but will be publicly offered in minimum
denominations of $5,000 to individuals and other non-institutional investors. The City Council
elects to depart from its guidelines (as set forth in Part III - Miscellaneous Matters of its
Procedure for Application to City of St. Louis Park, Minnesota for Private Activity Revenue
Bond Financing) with respect to the public offer and sale of non-rated bonds due to the level of
merit and public purpose of the Project, the good standing of Sholom Community Alliance in the
City, and the reputation and experience of the Underwriter.
13. Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the City Council by the provisions
of this resolution or of the aforementioned documents shall be exercised or performed by the
City or by such members of the City Council, or such officers, board, body, or agency thereof as
may be required or authorized by law to exercise such powers and to perform such duties.
No covenant, stipulation, obligation, or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or
agreement of any member of the City Council of the City, or any officer, agent, or employee of
the City in that person’s individual capacity, and neither the City Council of the City nor any
officer or employee executing the Series 2006 Bonds shall be liable personally on the Series
2006 Bonds or be subject to any personal liability or accountability by reason of the issuance
thereof.
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 8
No provision, covenant, or agreement contained in the aforementioned documents, the
Series 2006 Bonds or in any other document relating to the Series 2006 Bonds, and no obligation
therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any
pecuniary liability of the City or any charge upon its general credit or taxing powers. In making
the agreements, provisions, covenants, and representations set forth in such documents, the City
has not obligated itself to pay or remit any funds or revenues, other than funds and revenues
derived from the Loan Agreement which are to be applied to the payment of the Series 2006
Bonds, as provided therein and in the Indenture.
14. Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon
any person or firm or corporation, other than the City or any holder of the Series 2006 Bonds
issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable,
under and by reason of this resolution or any provisions hereof, this resolution, the
aforementioned documents and all of their provisions being intended to be and being for the sole
and exclusive benefit of the City and any holder from time to time of the Series 2006 Bonds
issued under the provisions of this resolution.
15. In case any one or more of the provisions of this resolution, other than the
provisions contained in the first sentence of Section 7 hereof, or of the aforementioned
documents, or of the Series 2006 Bonds issued hereunder shall for any reason be held to be
illegal or invalid, such illegality or invalidity shall not affect any other provision of this
resolution, or of the aforementioned documents, or of the Series 2006 Bonds, but this resolution,
the aforementioned documents, and the Series 2006 Bonds shall be construed and endorsed as if
such illegal or invalid provisions had not been contained therein.
16. The Series 2006 Bonds, when executed and delivered, shall contain a recital that
they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity
of the Series 2006 Bonds and the regularity of the issuance thereof, and that all acts, conditions,
and things required by the laws of the State of Minnesota relating to the adoption of this
resolution, to the issuance of the Series 2006 Bonds, and to the execution of the aforementioned
documents to happen, exist and be performed precedent to the execution of the aforementioned
documents have happened, exist and have been performed as so required by law.
17. The officers of the City, bond counsel, other attorneys, engineers, and other
agents or employees of the City are hereby authorized to do all acts and things required of them
by or in connection with this resolution, the aforementioned documents, and the Series 2006
Bonds for the full, punctual, and complete performance of all the terms, covenants, and
agreements contained in the Series 2006 Bonds, the aforementioned documents and this
resolution. In the event that for any reason the Mayor of the City is unable to carry out the
execution of any of the documents or other acts provided herein, such documents may be
executed and such actions may be taken by any member of the City Council or officer of the City
delegated the duties of the Mayor of the city, with the same force and effect as if such documents
were executed and delivered by the Mayor of the City, which execution or acts shall be valid and
binding on the City. If for any reason the City Manager of the City is unable to execute and
deliver the documents referred to in this Resolution, such documents may be executed by any
officer or employee of the City delegated the duties of the City Manager, with the same force and
St. Louis Park Council Meeting
Item: 071006 - 6a - Roitenberg Assisted Living Project Refunding Bonds
Page 9
effect as if such documents were executed and delivered by the City Manager of the City, which
execution or acts shall be valid and binding on the City.
18. This resolution shall be in full force and effect from and after its passage.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
Page 1
8a. 2221 Hill Lane Plat and CUP for Excavation
Recommended
Action:
Motion to adopt a Resolution approving the Preliminary and Final
Plat, as submitted, subject the conditions of the Resolution.
Motion to adopt a Resolution denying the Conditional Use Permit.
Alternate
Action:
Motion to adopt a Resolution approving the Preliminary and Final
Plat, as amended, subject the conditions of the Resolution.
DESCRIPTION OF REQUEST:
Requested is approval of a combined Preliminary and Final Plat and a Conditional Use Permit
(CUP) for excavation. The applicant is proposing to subdivide a single 42,097 square foot lot
into three conforming residential lots. The existing house would remain on a 24,095 square foot
lot. Two additional lots of 9,001 square feet would also be created. In order to build two new
houses, over 400 cubic yards of excavation would be required for the smaller lots. It is for this
reason that the applicant has also requested a CUP. Staff has determined that a CUP is not
necessary at this time, as homes have not been designed and a final grading plan has not been
submitted.
SUMMARY:
The Council reviewed this proposal at the June 19, 2006 meeting and continued this item to July
10, 2006, requesting further information pertaining to the City’s legal discretion regarding
approval of subdivisions. That information has been provided to the Council in a separate
document from the City Attorney.
Staff has provided three resolutions for the Council’s consideration.
1. Approval of the Preliminary and Final Plat for 3 lots.
2. Approval of the Preliminary and Final Plat for 2 lots.
3. Denial of the Conditional Use Permit for Excavation.
The Resolution adopting a Preliminary and Final Plat for 2 lots is discussed further in the
attached Staff report from the June 19, 2006 meeting.
RECOMMENDATION:
The Planning Commission recommended approval of the Preliminary and Final Plat and denial
of the Conditional Use Permit.
Staff has provided an alternate action that may be considered by the Council.
Attachments: Resolution approving the Preliminary and Final Plat, as submitted
Resolution approving the Preliminary and Final Plat, as amended
Resolution denying the application for Conditional Use Permit
Staff Report, 6/19 City Council meeting, Item 8a, Hill Lane
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
Page 2
Planning Commission Minutes, Excerpts, 4/26 & 5/17, 2006.
Location map (supplement)
Route map for excavation (supplement)
Preliminary and Final Plat (supplement)
Landscape plan (supplement)
Tree removal documentation (supplement)
Stormwater plan (supplement)
Proposed structure plans (supplement)
Prepared by: Adam Fulton, Associate Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
Page 3
RESOLUTION NO. 06-110
RESOLUTION OF APPROVAL FOR PRELIMINARY AND FINAL PLAT OF
LA MARIPOSA
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. James A.R. Johnson, owner and subdivider of the land proposed to be platted as
La Mariposa has submitted an application for approval of preliminary and final plat of said
subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code,
and all proceedings have been duly had thereunder.
2. The proposed final plat has been found to be in all respects consistent with the
City Plan and the regulations and requirements of the laws of the State of Minnesota and the
ordinances of the City of St. Louis Park.
3. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
Lot 8 and that part of Lot 7 lying Southeasterly of the Northwesterly 30 feet thereof,
WESTRIDGE, according to the recorded plat thereof, Hennepin County, Minnesota
Conclusion
1. The proposed preliminary and final plat of La Mariposa is hereby
approved and accepted by the City as being in accord and conformity with all ordinances,
City plans and regulations of the City of St. Louis Park and the laws of the State of
Minnesota, provided, however, that this approval is made subject to the opinion of the
City Attorney and Certification by the City Clerk subject to the following conditions:
a. The developer or owner shall pay an administrative fee of $750 per
violation of any condition of this approval.
b. Park dedication fees must be received by the City prior to filing a final
plat.
c. Trail dedication fees must be received by the City prior to filing the final
plat.
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
Page 4
d. Applicant shall submit financial security in the form of a cash escrow or
letter of credit in the amount of $1000 to insure that a Mylar copy of the final
plat is provided.
e. Applicant shall submit financial security in the form of cash escrow or
letter of credit in the amount of 125% of the costs of tree replacement,
landscaping and repair/cleaning of public streets and utilities.
f. Applicant shall reimburse City attorney’s fees in drafting/reviewing such
documents as required in the Plat approval.
2. The City Clerk is hereby directed to supply two certified copies of this
Resolution to the above-named owner and subdivider, who is the applicant herein.
3. The Mayor and City Manager are hereby authorized to execute all
contracts required herein, and the City Clerk is hereby directed to execute the certificate
of approval on behalf of the City Council upon the said plat when all of the conditions set
forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been
fulfilled.
4. Such execution of the certificate upon said plat by the City Clerk, as
required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be
conclusive showing of proper compliance therewith by the subdivider and City officials
charged with duties above described and shall entitle such plat to be placed on record
forthwith without further formality.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
Page 5
RESOLUTION NO. 06-______
RESOLUTION OF APPROVAL FOR PRELIMINARY AND FINAL PLAT OF
LA MARIPOSA
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. James A.R. Johnson, owner and subdivider of the land proposed to be platted as
La Mariposa has submitted an application for approval of preliminary and final plat of said
subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code,
and all proceedings have been duly had thereunder.
2. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
Lot 8 and that part of Lot 7 lying Southeasterly of the Northwesterly 30 feet thereof,
WESTRIDGE, according to the recorded plat thereof, Hennepin County, Minnesota.
3. The plat as presently proposed with one lot for the existing home and two new
9,000 square foot lots does not meet the minimum design standards in the subdivision ordinance
relating to protected areas contained in City Code § 25-157.
4. City Code Section 25-157 states in relevant part:
(a) Where land proposed for subdivision is deemed environmentally sensitive by the city
due to the existence of wetlands, drainageways, watercourses, floodable areas,
significant trees, steep slopes or wooded areas, the design of such subdivision shall
clearly reflect all necessary measures of protection to ensure against adverse
environmental impacts.
(b) Based upon the necessity to control and maintain certain sensitive areas, the city
shall determine whether such protection will be accomplished through lot enlargement
and redesign or dedication of those sensitive areas in the form of outlots.
(c) In general, measures of protection shall include design solutions which allow for
construction and grading involving a minimum of alteration to sensitive areas. Such
measures, when deemed appropriate by the city, may include, but shall not be limited to,
the following:
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* * *
(3) The enlargement of lots or redesign of the subdivision.
* * *
(7) The limitation of development on slopes steeper than 3:1.
(8) Structure conformance to the natural limitations presented by the
topography and soil so as to create the least potential of soil erosion.
5. The proposed new lots fall steeply from north to south. At the northernmost point
on the two new lots, the elevation is 914 feet. At the southernmost point, the elevation is 890
feet. The existing grade varies across the lot, and is greater than 3:1 in some places.
6. Applicant has indicated that the construction will require the removal of 290
caliper inches of significant trees. There are 735 caliper inches of significant trees on the site.
Based on the formula in the Zoning Code, the Applicant is therefore required to replace 172
caliper inches of trees on-site.
7. The enlargement of the proposed lots to allow one additional lot by consolidating
proposed Lots 2 and 3 into one new lot allows the subdivision to better meet the above design
standards.
8. The construction of one home, compared to two homes on minimum 9,000 square
foot lots, will allow the flexibility to develop the site in a manner which better conforms to the
natural limitations presented by the topography. It will limit development on slopes steeper than
3:1, allow the flexibility to design the home to better fit the existing topography, reduce tree loss
and generally allow design solutions which allow for construction and grading involving much
less alteration to sensitive areas.
9. Sec. 26-160 of the Subdivision Ordinance states:
The design features set forth in this article are minimum requirements. The city may
impose additional or more stringent requirements concerning lot size, streets and
overall design as deemed appropriate considering the property being subdivided.
10. The neighbors in proximity to the property at 2221 Hill Lane reside on lots that
are of varying sizes, but generally larger than the minimum required in the R-1 zoning district.
The area features curvilinear streets and cul de sacs. A railroad corridor runs to the north of Hill
Lane behind several of the lots on the northern side of the cul-de-sac. To the southwest of the
property is Benilde-St. Margaret’s School, and to the southeast is Twin Lake. Property in the
general area of 2221 Hill Lane is also zoned R-1. The lots surrounding 2221 Hill Lane are of a
variety of sizes, ranging from approximately 9,000 square feet to over 55,000 square feet in size.
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11. Allowing one new lot instead of two will meet the design standards relating to
sensitive areas and will also be more consistent with the general character of the neighborhood.
Conclusion
1. A preliminary and final plat of La Mariposa, reducing the number of lots
from three to two by consolidating Lots 2 and 3 into Lot 2 is hereby approved, provided,
however, that this approval is made subject to the opinion of the City Attorney and
Certification by the City Clerk subject to the following conditions:
a. The developer or owner shall pay an administrative fee of $750 per
violation of any condition of this approval.
b. Park dedication fees must be received by the City prior to filing a final
plat.
c. Trail dedication fees must be received by the City prior to filing the final
plat.
d. Applicant shall submit financial security in the form of a cash escrow or
letter of credit in the amount of $1000 to insure that a Mylar copy of the final
plat is provided.
e. Applicant shall submit financial security in the form of cash escrow or
letter of credit in the amount of 125% of the costs of tree replacement,
landscaping and repair/cleaning of public streets and utilities.
f. Applicant shall reimburse City attorney’s fees in drafting/reviewing such
documents as required in the Plat approval.
2. The City Clerk is hereby directed to supply two certified copies of this
Resolution to the above-named owner and subdivider, who is the applicant herein.
3. The Mayor and City Manager are hereby authorized to execute all
contracts required herein, and the City Clerk is hereby directed to execute the certificate
of approval on behalf of the City Council upon the said plat when all of the conditions set
forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been
fulfilled.
4. Such execution of the certificate upon said plat by the City Clerk, as
required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be
conclusive showing of proper compliance therewith by the subdivider and City officials
charged with duties above described and shall entitle such plat to be placed on record
forthwith without further formality.
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The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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RESOLUTION NO. 06-_________
RESOLUTION OF DENIAL
A RESOLUTION OF FINDINGS REGARDING THE APPLICATION FOR A
CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION FOR
PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT
2221 HILL LANE SOUTH
WHEREAS James A.R. Johnson has made application to the City Council for a
Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the
purpose of excavation within a R-1 Single Familly Residential District located at 2221 Hill Lane
having the following legal description:
Lot 8 and that part of Lot 7 lying Southeasterly of the Northwesterly 30 feet thereof,
WESTRIDGE, according to the recorded plat thereof, Hennepin County, Minnesota
WHEREAS, on April 26, 2006, the Planning Commission held a public hearing,
received testimony from the public, reviewed the application, and on a vote of 6-0 voted to table
the item until May 17, 2006; and
WHEREAS, on May 17, 2006, the Planning Commission moved approval of the
Conditional Use Permit with an amendment for surety to protect the neighbor. The motion failed
on a vote of 3-4. A motion was subsequently made to deny the Conditional Use Permit and
the motion to deny passed on a vote of 5-2; and
WHEREAS, the contents of Planning Case File 06-28-CUP are hereby entered into and
made part of the public hearing and the record of decision for this case.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis
Park makes the following findings:
1. The proposed application Conditional Use Permit cannot be granted without further
information regarding the final slope and topography of the site; and
2. Information pertaining the future use of the site, including future improvements, site
alterations, final slope and topography, is currently unavailable.
NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis
Park:
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Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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The applicant’s request for a Conditional Use Permit to permit excavation for property at
2221 Hill Lane South is hereby denied based on the findings set forth above.
Reviewed for Administration: Adopted by the City Council July 10, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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STAFF REPORT OF JUNE 19, 2006 COUNCIL MEETING
8a. 2221 Hill Lane Plat and CUP for Excavation
Recommended
Action:
Motion to adopt a Resolution approving the Preliminary and Final
Plat, subject to conditions as recommended by Staff.
Motion to adopt a Resolution denying the Conditional Use Permit.
Zoning: R-1 Single Family Residential
Comprehensive Plan: Low Density Residential
Description of Request:
Requested is approval of a combined Preliminary and Final Plat; and, a Conditional Use Permit
(CUP) for excavation. The applicant is proposing to subdivide a single 42,097 square foot lot
into three conforming residential lots. The existing house would remain on a 24,095 square foot
lot. Two additional lots of 9,001 square feet would also be created. In order to build two new
houses, over 400 cubic yards of excavation would be required for the smaller lots. It is for this
reason that the applicant has also requested a CUP.
Background:
The applicant first approached the city about subdividing the lot at 2221 Hill Lane South in mid-
2005. After all application materials had been compiled, the applicant held a public
neighborhood meeting in January of 2006. Over 25 residents attended the meeting. Several
concerns were raised, and are discussed below.
Subdivision Analysis:
Surrounding Neighborhood
The neighbors in proximity to the property at 2221 Hill Lane reside on lots that are of varying
sizes, but generally larger than the minimum required in the R-1 zoning district. The area
features curvilinear streets and cul de sacs. A railroad corridor runs to the north of Hill Lane
behind several of the lots on the northern side of the cul-de-sac. To the southwest of the property
is Benilde-St. Margaret’s School, and to the southeast is Twin Lake. Property in the general area
of 2221 Hill Lane is also zoned R-1. Although the proposed lots will be smaller than some of the
surrounding lots, they meet the minimum lot area requirement of the R-1 Zoning District. The
lots surrounding 2221 Hill Lane are of a variety of sizes, ranging from approximately 9,000
square feet to over 55,000 square feet in size.
Topography
The proposed new lots fall steeply from north to south. At the northernmost point on the two
new lots, the elevation is 914 feet. At the southernmost point, the elevation is 890 feet. The
existing grade varies across the lot, and is greater than 3:1 in some places.
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The maximum slope permitted by the subdivision ordinance after grading is 3:1. The plans
submitted by the applicant meet this requirement subsequent to the completion of grading on the
site.
Soil Analysis
As required by the Subdivision Ordinance, the applicant completed soil borings at the site. Staff
requested the soil borings because of the topography of the site and the potential for erosion. The
report indicates a lack of topsoil, likely because of the grade. It also finds that some engineered
stabilization may be necessary to provide a stable building site. The soil report recommends that
a soils engineer examine the excavation to verify that any soils unsuitable for construction
purposes are removed. It will be the responsibility of the contractor building the homes to ensure
that no negative effects occur during the construction process.
Stormwater
While on-site storage of stormwater is required for larger subdivisions, stormwater storage is not
required for the construction of individual single family dwellings. The City Engineer has
indicated that the existing stormwater system serving this part of the city is adequate for the
construction of two new homes. Stormwater will continue to follow a similar path relative to its
historical pattern, and no negative effects resulting from the stormwater flow are anticipated.
Further, none of the stormwater generated from the proposed houses is anticipated to flow onto
neighboring properties.
The applicant will be required to obtain any necessary permits from the Minnehaha Creek
Watershed District. Those permits which will apply to this subdivision include an erosion
control permit and a stormwater management permit.
Easements
The Code requires a 10’ easement around all new property boundaries for the purposes of
utilities and drainage. The applicant has provided the easements required by the Subdivision
Code.
Park and Trail Dedication
The applicant will be required to pay both a park and a trail dedication fee for each of the two
new lots. The park dedication fee is $1,500 per lot and the trail dedication fee is $225 per new
lot.
Zoning Analysis:
Proposed Use:
The existing use of the lot is a single family residential dwelling. After subdivision, the proposed
use is for three single family dwellings; the existing home and two new single family dwellings.
Single family dwellings are a permitted use in the R-1 Single-Family Zoning District.
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Lot Area:
The original lot is 42,097 square feet in size. The minimum required lot size in the R-1 Single
Family Zoning District is 9,000 square feet. The applicant is proposing to split the property into
the following three lots:
Lot 1 – Existing Single Family Dwelling Unit – 24,095 square feet.
Lot 2 – Proposed New Single Family Dwelling Unit – 9,001 square feet.
Lot 3 – Proposed New Single Family Dwelling Unit – 9,001 square feet.
Lot Width:
The existing lot has double frontage. It faces South Hill Lane on the north and Parkwoods Road
on the south. Because it has frontage on both streets, it is possible to subdivide the property and
continue to meet the lot width requirements. Lot width is measured at the required front setback
line. The minimum lot width in the R-1 Zoning District is 75 feet. Lot widths at the setback line
are as follows:
Lot 1 – Greater than 100 feet of frontage on South Hill Lane and its terminating
cul-de-sac.
Lot 2 – Greater than 90 feet of frontage on South Hill Lane and Parkwoods Road.
Lot 3 – Greater than 90 feet of frontage on Parkwoods Road.
Setback Requirements:
Setback requirements are as follows for each of the following lots:
Front – 30 feet or equal to the closest house on the block, if it is greater than 30
feet. (The closest house on the block is approximately 28 feet from the property
line, so the 30 foot requirement applies).
Sides – 9 feet on one side, 6 feet on the other side.
Rear – 25 feet.
The existing house meets the setback requirements. The applicant has included potential
building locations on the plat drawing, and demonstrated that a large house could be built on
each of the two proposed lots and continue to meet the setback requirements of the R-1 Zoning
District.
Driveway Requirements:
The Zoning Code, Section 36-162, requires that a driveway be constructed of an approved paving
surface. Further, the code specifies that no more than 30 percent of the front yard area may be
used for parking and driveway purposes and that the average width of a driveway may not exceed
22 feet. The Zoning Code does not include a provision regulating a maximum slope for
driveways.
Off-Street Parking Requirements:
Single family dwellings are required by the Zoning Code to provide a minimum of two off-street
parking spaces per dwelling units. The applicant has demonstrated an ability to meet this
requirement of the zoning code through the provision of tuck-under two car garages on each new
lot. The existing house features an attached two car garage.
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Maximum Height:
The maximum height of structures in the R-1 Zoning District is 30 feet or three stories,
whichever is less. For the new lots, height will be measured from the finished grade level of the
structure to the mid-point of the roof. The applicant has demonstrated an ability to construct
homes within the height requirements of the Zoning Code.
Landscaping:
The applicant is required to submit a tree replacement plan as part of the application for
subdivision. As part of the replacement plan, the applicant has indicated that the construction
will require the removal of 290 caliper inches of significant trees. There are 735 caliper inches of
significant trees on the site. Based on the formula in the Zoning Code, the applicant is therefore
required to replace 172 caliper inches of trees on-site. If the applicant (or ultimate developer of
the site) is unable to replace 172 caliper inches on-site, the applicant will be required to pay $90
per each caliper inch not replaced on-site.
The applicant has included a preliminary landscaping plan for the site, but because single-family
homes are granted an exemption (Sec. 36-364 (b)) from the most extensive portions of the
landscaping ordinance, the most applicable landscape standards will be provided through the tree
replacement ordinance (Sec. 36-81).
Conditional Use Permit (CUP):
The applicant has requested a CUP for excavation of over 400 cubic yards of material from the
site. The excavation will be required to create building pads for the proposed construction;
however, the excavation does not have to be completed prior to the sale of the lots. To meet the
conditions required to obtain this Conditional Use Permit, the applicant has provided:
• Site plan showing finished grade of the land; and
• Narrative discussing the effects of excavation on community and adjacent land; and
• Soil boring report, indicating the type of material to be removed; and
• Explanations regarding:
• Time period of excavation
• Safety of site and surrounding area during excavation
• Control of material on-site and during transit
• Routes of trucks moving to and from the site
Information provided by the applicant indicates an ability to comply with the requirements for a
CUP for excavation. The route proposed for the removal of material, as shown on the attached
map, will follow Parkwoods Road to the West until it reaches the Highway 100 Frontage Road,
and will subsequently follow Highway 100 to its destination.
The conditions included in the potential approval of the CUP include details regarding the time
of operation and a time limit within which the work must be completed (12 months from date of
approval). Additionally, the applicant will be required to provide a surety (typically a Letter of
Credit). The surety is permitted by the ordinance to ensure that the work is performed in the
manner described in the plan and conditional use permit; it is also required to ensure that regular
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Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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street cleaning is completed during the construction period so that no negative impacts occur in
the public right-of-way.
Neighborhood Concerns:
Residents of the neighborhood surrounding 2221 Hill Lane have raised several concerns relating
to the proposed subdivision. Concerns addressed above include the maximum height of the
proposed structures, the potential for erosion due to the slope of the site, and engineering issues
related to the excavation of soils from the site.
Residents expressed concerns about the loss of trees and changes in the character of the
neighborhood if the proposed subdivision is approved and 2 new homes are allowed to be built
on the new lots.
During the neighborhood meeting, several neighbors raised an additional concern regarding the
applicant’s proposal and its relation to the railroad tracks to the north of Hill Lane. Though the
railroad tracks are separated by several hundred feet from the applicant’s property, the concern
was that vibrations resulting from passing trains would increase as a result of the proposed
excavation. The City Engineer has reviewed that concern and determined the proposed houses
are located a sufficient distance from the existing rail line to ensure that no negative impacts
occur.
Planning Commission:
The Planning Commission reviewed the proposal for 2221 Hill Lane on April 26 and May 17,
2006. At the public hearing on April 26, numerous neighbors again voiced their concerns
regarding the applicant’s proposal. The concerns were very specific, including the potential for
erosion and excessive height of the proposed retaining walls, the obstruction of view from
surrounding homes and the loss of economic value to their property.
The Planning Commission made a recommendation of approval for the Preliminary Plat at the
May 17 meeting. They found that the proposed 3-lot subdivision met the requirements of the R-1
Zoning District and the city’s Subdivision Ordinance. At the same time, the Commission
recommended denial of the Conditional Use Permit, based on the fact that no final building
designs have been submitted, and exact grading cannot be determined without specific plans. In
the future when the developer is ready to build homes on one or both lots they may need to
reapply for an excavation CUP if the excavation exceeds 400 cubic yards.
Planning Commission Recommendation:
The Planning Commission recommends a motion to adopt a Resolution approving the
Preliminary and Final Plat, subject to the condition of the Resolution.
The Planning Commission recommends adoption of a Resolution of denial for the Conditional
Use Permit for excavation.
Alternate Council Action:
The Subdivision Code, Section 26-160, “Minimum Design Features” states:
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“The design features set forth in this article are minimum requirements. The city may
impose additional or more stringent requirements concerning lot size, streets and overall
design as deemed appropriate or considering the property being subdivided.”
While the proposed plat meets the minimum standards of the R-1 zoning district and the
Planning Commission recommended approval of the plat, both the Planning Commission and
many residents have expressed concerns that the proposed subdivision is inconsistent with the
character of the neighborhood.
The immediate neighborhood surrounding 2221 Hill Lane is wooded, with varied terrain, curving
streets and lots of varied sizes. While 9,000 square feet is the R-1 district minimum lot size, most
of the lots in the immediate area are much larger than the minimum. The larger lots allow for
more trees and natural vegetation. It also makes it possible to accommodate structures on the
varied topography of the area without extensive retaining walls.
An argument can be made that a subdivision with lots that just meet the minimum size
requirements are out of character with the varied topography and natural character of the
surrounding area and that larger lots would be more consistent with the character of the
immediate neighborhood. The city's subdivision ordinance does allow the City to require in rare
instances standards above the minimums.
A minimum lot size of 12,500 to 14,500 square feet might be more consistent with the typical
lots in the immediate vicinity of 2221 Hill Lane. Larger lots would make it easier to
accommodate the steep slopes on this property, make it possible to retain more natural vegetation
and/or plant more trees.
If the City Council concludes that a minimum lot size greater than 9,000 sq ft is more appropriate
for the proposed plat, they should direct staff to prepare a resolution making findings of fact
and denying the proposed 3 lot plat.
If a larger minimum lot size is required, most likely the 2221 Hill Lane property could only be
split into 2 lots.
The 120-day deadline for Council action on this proposal is July 18, 2006.
Attachments: Resolution approving the Preliminary and Final Plat, as submitted
Resolution approving the Preliminary and Final Plat, as amended
Resolution denying the application for Conditional Use Permit
Resolution approving the application for Conditional Use Permit
Planning Commission Minutes, Excerpts, 4/26 & 5/17, 2006.
Location map (supplement)
Route map for excavation (supplement)
Preliminary and Final Plat (supplement)
Landscape plan (supplement)
Tree removal documentation (supplement)
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Stormwater plan (supplement)
Proposed structure plans (supplement)
Prepared by: Adam Fulton, Associate Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
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Excerpts: Planning Commission meeting, 4/26/06
B. Hill Lane - Subdivision and Conditional Use Permit
Location: 2221 Hill Lane
Applicant: James A.R. Johnson
Case No.: 06-27-S and 06-28-CUP
Mr. Fulton presented the staff report. Chair Carper asked about the driveway not
following the lot line. Ms. McMonigal said the proposed driveway leaves the lot and
crosses the right-of-way to South Hill Lane, which is allowed. Mr. Fulton said driveways
are required to be 50 feet from an intersection. Chair Carper asked about any
requirements to avoid storm drains. Ms. McMonigal said the City Engineer would have
to take a look at it and approve the driveway location.
Commissioner Johnston-Madison asked if there was any discussion regarding retaining
walls on these two lots. Mr. Fulton said there was some discussion; if a retaining wall is
higher than four feet, it would have to be reviewed by the building official within the
City, shorter retaining walls would require zoning approval.
Commissioner Robertson asked if there is any indication how many caliper inches the
applicant may be wishing to replace. Mr. Fulton said the landscape plan provided by the
applicant is preliminary and indicated replacing a substantial number of them.
Norm Bjorness, Jr., is counsel for the applicant, James Johnson. Mr. Bjorness said Mr.
Johnson’s proposal fits the criteria for constructing two single-family residences on the
two development lots. Mr. Johnson agrees to the conditions in the staff report. Mr.
Bjorness said only five new homes have been constructed in the Lake Forest
neighborhood since 1992.
Chair Carper opened the public hearing.
Kay Ronngren, 2205 South Hill Lane, read a letter opposing the proposal dated April 26,
2006 from Sandra Stanley, 2205 South Hill Lane. The letter was distributed to the
Planning Commission.
Ellen McGratton, 4636 Cedarwood Road, said she supports Ms. Stanley’s letter. The
wooded areas and large lots make the neighborhood attractive. At most, said Ms.
McGratton, the applicant could be allowed to divide his lot into two and have one tasteful
home and the trees.
Sharon Segal, 2211 Parklands Road, asked that the Planning Commission not recommend
in favor of the subdivision.
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Joy Peterson, 2301 Westridge Lane, is concerned about subdividing and developing this
deep, wooded area. She is also concerned about the drainage issues created by the
planned buildings on the hill.
Steve Grossman, 2300 Westridge Lane, said his concerns are the curves, speeding, kids
and their bikes. Mr. Grossman’s neighbor, a young boy named Elliot, said driveway
access is dangerous and biking is dangerous. Elliot read a petition opposing the proposal.
Joan Solomon, 2317 Westridge Lane, said she lives in St. Louis Park because of the
beautiful land. She said the City needs to go back to the plan in St. Louis Park and keep
St. Louis Park the way it is.
Mary Kay Stranik, 4711 Cedarwood Road, said her concerns are the excavation of dirt,
more cement and housing on the property, the flow of the water on a steep hill, train
vibration, safety, and the character of the neighborhood changing by becoming crowded
with homes. Ms. Stranik asked what will become of the value of homes. She hopes for
one house as opposed to two.
Commissioner Morris remarked that the City’s subdivision ordinance requires new
buildings to have sidewalks and he doesn’t see one on the plan. Would a variance be
required not to put in a sidewalk? Ms. McMonigal said she will check with the City
Attorney. Mr. Fulton will ask the applicant if he is willing to put in a sidewalk.
Cindy Bauman, 2300 Parkwoods Road, said she doesn’t want move up housing to
become move out housing. Ms. Bauman said the City needs to look at an overall
development plan for the neighborhood. Sidewalks should be installed, especially on a
blind curve. She thinks trees should be replaced rather than having a cash in lieu
payment. Ms. Bauman asked if the subdivision is approved, please approve only two lots
not three.
Terry Christianson, 2224 South Hill Lane, agrees with the previous speakers about
dividing the lot into two parcels rather than three. Mr. Christianson thinks older residents
will subdivide and move out. He doesn’t want to see that happen.
Betty Globus Goodman, 2211 South Hill Lane, thinks this is just the beginning of
development. She thanked the Planning Commission and Adam Fulton for their help and
assistance. Ms. Goodman is concerned about erosion, retaining walls becoming
defective, and the height of the homes. She said dividing the property into three lots
doesn’t seem to be consistent with the vision St. Louis Park has for its residents.
Chair Carper asked if the developer has talked to her about the development as she is the
adjoining neighbor. Ms. Goodman said no one has talked to her about the development.
Patricia Green, 2336 Parkwoods Road, would like to welcome everyone to the
neighborhood. She said the neighbors can’t say no to move-up in our neighborhood.
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Nathan Curland, 4707 Cedarwood Road, distributed a drawing to show what the rest of
the neighborhood looks like. Mr. Curland is not opposed to development but prefers
subdividing it into two parcels, not three.
Graham Candler, 4636 Cedarwood Road, said a nice neighborhood should be continued.
Mr. Candler hopes a precedent is not started with this proposal.
Sharon Abelson, 4340 Cedarwood Road, is president of the Lake Forest Neighborhood
Association. Ms. Abelson said no one contacted her to say they favor this project. She
said the natural areas of the neighborhood are the biggest selling points. They would like
to see restrictions placed on development in Lake Forest and they plan to pursue this
further.
Stan Jurgenson, 2309 Westridge Lange, said train noise at this location would increase
when the buffer hill is gone. Mr. Jurgenson said he is appalled that a non-resident
developer can come into the community and say a few more lots will be developed. He
doesn’t want to see large lots divided. Mr. Jurgenson said perhaps the code is no longer
appropriate and should be changed.
Tom Hess, 2300 Parkwoods Road, said it appears the plans are unfinished. Ms.
McMonigal said the applicant is requesting a subdivision and no housing plans are
proposed at this time. Mr. Hess said retaining walls do not stop erosion or creep. He is a
soils engineer and he would like to see the plans for the retaining wall. Mr. Hess
suggested the applicant be required to post bond for the retaining wall.
Vern Swedborg, architect for Mr. Johnson, said he was commissioned to provide house
plans to illustrate that the sites are buildable and have not proposed retaining walls that
encroach on adjacent neighboring property. He said no retaining wall is higher than four
feet. The driveways are proposed with a turn around on the site to avoid backing up on
the street. Mr. Swedborg said they can handle the safety issues. He said Mr. Johnson
will live in one of the houses.
Commissioner Robertson said the excavation should be part of the actual construction
process and only part of the conditional use process. Tom Hordahl, surveyor, said a final
plat has been drawn. Commissioner Morris said the total square footage is 80 square feet
short, and he asked which lot is 80 square feet short. Mr. Fulton said the error is in favor
of the applicant, and the minimum requirements are met. The CAD technician for Mr.
Hordahl said he prepared the documents. There were many revisions and a simple error
occurred.
Graham Candler said Ward Johnson also owns 4634 Cedarwood Lane.
St. Louis Park Council Meeting
Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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Ms. Goodman said she was not at the neighborhood meeting due in part to short notice.
She said that Ward Johnson doesn’t speak to her. She said the Johnson homes are
occupied only for short periods of time.
Ms. McMonigal said the final house plans will be reviewed when they are submitted for a
building permit. The City Engineer has determined these lots would be buildable. Mr.
Fulton said the City Engineer and the building official have reviewed the soils reports and
they determined the soils are appropriate to be built upon.
Cindy Baumann, 2300 Parkswood Road, said the planned route for excavation might be
hampered by the closure of Parkswood Road due to a water main replacement this
summer.
Mark Naummacker, 4711 Cedarwood Road, is concerned about setting a precedent. Ms.
McMonigal said it wouldn’t be a precedent because the current code allows what is being
requested.
Mark Globus, 2211 South Hill Lane, said he would like to ask that someone make a
motion or a friendly amendment that a bond be posted as the soil and the retaining wall
issue relate together. Mr. Globus said it is a challenging development site.
Ms. Abelson asked if a CUP can be approved without plans. Ms. McMonigal said the
applicant would have to return with building plans prior to a final grading plan. Ms.
Abelson asked if the City has seen the final plat. Ms. McMonigal said the Planning
Commission acts on the preliminary and Council will need to see the final plat. The
Planning Commission is a recommending body.
Chair Carper closed the public hearing.
Commissioner Johnston-Madison said she is divided about this type of development. She
said there are too many questions and she would like to see the item tabled. She wants
the Commission to go out to look at the lot.
Commissioner Robertson said he respects Commissioner Johnston-Madison’s stand and
he is open to looking at the request further if there is no tight timeframe. He added that
zoning does allow the proposal. He said he is comfortable with the proposed retaining
walls. He said the Commission should start to have some serious discussion about
protecting large lot areas that are not protected by R-1 zoning.
Commissioner Johnston-Madison said the discussion should be a priority.
Commissioner Morris said he supports Commissioner Johnston-Madison’s desire to hold
the item over for further discussion. He said that the request is allowed by current
zoning. Commissioner Morris suggested that the neighborhood review its Plan-By-
Neighborhood section in the City’s Comprehensive Plan.
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Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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Commissioner Johnston-Madison moved to table the item until May 17th. The motion
was seconded by Commissioner Timian. The motion passed on a vote of 6-0.
Ms. McMonigal asked if the Planning Commission would like staff to research or add to
the report prior to the 17th. Commissioner Johnston-Madison said she will email her
questions to Ms. McMonigal prior to the 17th. Chair Carper would like verification of the
actual lot measurements to be certain the math is accurate, and he would like to know
what can be done for the adjacent property owner in the event of damage.
Commissioner Johnston-Madison recommended that the Planning Commission meet at
the lot within five days. Commissioner Morris said if a majority of the Planning
Commissioners meet at the lot, it is considered a public meeting. Commissioner
Johnston-Madison recommended holding a study session.
Ms. McMonigal said staff will be working with all of the neighborhoods during the
update of the City’s Comprehensive Plan.
Excerpts: Planning Commission meeting, 5/17/06:
4. Other Business
A. Hill Lane - Subdivision and Conditional Use Permit
Location: 2221 Hill Lane
Applicant: James A.R. Johnson
Case No.: 06-27-S and 06-28-CUP
Chair Carper said the public hearing for this item has been held. Ms. McMonigal noted
that updated plans with corrected lot area calculations are attached to the staff report.
Commissioner Johnston-Madison asked if anything can be changed between preliminary
and final plat approval.
Ms. McMonigal stated that no changes are anticipated, although it is possible. Small
items may change. If changes are substantial, approval must be given by the City
Council.
Ms. McMonigal said the Planning Commission doesn’t typically look at final plats.
Commissioner Morris asked if the recommendation can be amended to say the
Commission approves the preliminary plat. Ms. McMonigal replied yes.
Chair Carper asked about surety. Ms. McMonigal said typically that would be handled at
the building permit stage.
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Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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Commissioner Morris said he recognizes the concerns associated with this request, but on
the technical portion of what the Planning Commission decides, the plat meets every
requirement. He said the project will require a major excavation due to an extensive
slope but it is not the Planning Commission’s responsibility to secure a construction
activity. Commissioner Morris said this project would meet the Zoning Code and meet
the neighborhood plan, which does not state build only on large lots or certain styles of
homes, therefore, the concerns about the planning and zoning use in the neighborhood are
being met by the applicant. He will support the staff recommendations. Commissioner
Morris said there is a 3-way stop at the nearby intersection.
Commissioner Johnston-Madison said the proposal meets the zoning requirements but
she is not comfortable with the CUP for excavation. She is concerned about the stability
of the lot to the east.
Commissioner Person said he agrees with Commissioner Morris, i.e., the Planning
Commission would be hard pressed not to approve the plat. He agrees with
Commissioner Johnston-Madison that the excavation to make this lot buildable will be
extreme and will likely exceed 400 cubic yards as it will gouge into the side of the slope
excessively. The applicant said the retaining walls would be no more than four feet high,
however, Commissioner Person said in spots he thinks they could be as high as six feet.
Commissioner Person said he favors the plat but opposes the CUP.
Applicant Jim Johnson, said he lives in St. Louis Park about five months out of the year.
Mr. Johnson introduced his architect, Vern Swedberg, of SSB Architecture. They
discussed new renderings of the retaining walls. Mr. Swedberg said the size of the
proposed residence has been reconfigured, i.e., it has been moved away from the adjacent
property so there would be 12 feet between the property line and the proposed residence.
He said stone retaining walls are proposed which would work with the gentle grade line
of the property.
Commissioner Morris asked if it would be appropriate to split the CUP or condition the
CUP to allow excavation of over 400 cubic yards on lot 2 but hold off on approval for lot
3 until a more site specific excavation plan is presented. Ms. McMonigal said the City
must act on an application within 120 days unless the applicant agrees to withdraw or
extend it.
Chair Carper said he is not in favor of the plat personally, but said it appears to meet the
requirements. He said two houses would be more acceptable than three houses. He said
he believes additions for a surety need to be made to the Conditional Use Permit to
protect the existing neighbor.
Commissioner Robertson made a motion to recommend approval of the preliminary plat
subject to conditions recommended by staff. Commissioner Morris seconded the motion.
The motion passed on a vote of 5-2. (Commissioners Johnston-Madison and Timian
opposed.)
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Item: 071006 - 8a - 2221 Hill Lane Plat And CUP For Excavation
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Chair Carper discussed an amendment about surety for a motion for the CUP.
Commissioner Morris said he supports a surety that would be determined by staff.
Commissioner Johnston-Madison said she wants the CUP to be delayed until the actual
builder of this property has a final plan.
Commissioner Robertson moved approval of the CUP with the Chair’s amendment for
surety to protect the neighbor. Commissioner Morris seconded the motion. The motion
failed 3-4 with Commissioners Robertson, Carper and Morris voting in favor and
Commissioners Kramer, Timian, Johnston-Madison, and Person opposing.
Commissioner Johnston-Madison made a motion to deny the Conditional Use Permit.
Commissioner Timian seconded the motion. The motion to deny passed 5-2 with
Commissioners Carper, Kramer, Johnston-Madison, Person and Timian in favor of denial
and Commissioners Morris and Robertson opposed to denial.
This item is tentatively scheduled for Council on June 19th.