HomeMy WebLinkAbout2006/08/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
August 21, 2006
7:30 PM
7:00 p.m. AutoMARK Election Ballot Marking Device Demonstration
7:10 p.m. Board and Commission Interview
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Recognition of Mark Ortner
2b. Junior Naturalists
3. Approval of Minutes
3a. Study Session Minutes of June 12, 2006
3b. Study Session Minutes of July 10, 2006
3c. City Council Minutes of July 24, 2006
3d. City Council Minutes of August 7, 2006
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to
move items from consent calendar to regular agenda for discussion and to
approve those items remaining on the consent calendar).
5. Boards and Commissions
5a. Appointment of Citizen Representatives to Boards and Commissions
5b. Motion to approve resolution adopting revised procedures for City Boards &
Commissions
6. Public Hearings
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. 2005 Bond Issue Modifications
This report requests that the City Council adopt a resolution amending the
projects to be funded by proceeds from the $3,705,000 General Obligation (GO)
Bonds, Series 2005A.
Recommended
Action:
Motion to adopt Resolution Amending the Projects Funded by
the $3,705,000 General Obligation Bonds, Series 2005A.
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 AUGUST 21, 2006
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to approve the Meadowbrook Manor Parkland Lease
4b. Motion to Approve the Northwest Metro Drug Task Force Agreement
4c. Motion to approve two resolutions 1) concurring in the revocation of CSAH 17 and
approving Hennepin County Cooperative Agreement No. PW 27-05-06; and, 2)
designating France Ave as a Municipal State Aid Street.
4d. Motion to approve Housing Authority Minutes of July 12, 2006
4e. Motion to approve Telecommunications Minutes of May 4, 2006
4f. Motion to approve Planning Commission Minutes of July 19, 2006
4g. Motion to approve BOZA Minutes of June 22, 2006
4h. Motion to approve Vendor Claims for Filing (supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
***August 21, 2006***
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual reports
by inclusion of the word “Supplement”.
St. Louis Park Council Meeting
Item: 082106 - 2a - Recognition Of Mark Ortner
Page 1
RESOLUTION NO. 06-133
RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK,
MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING
APPRECIATION TO POLICE CAPTAIN MARK ORTNER
WHEREAS, Mark Ortner began his employment with the City of St. Louis Park over 32
years ago on March 18, 1974; and
WHEREAS, through his leadership skills, enthusiasm and tenacity, Mark has worked his
way up the Police Department chain of command with progressive responsibility from Police
Officer to Community Outreach Officer to Sergeant to Lieutenant and to Captain; and
WHEREAS, Mark was instrumental in bringing the Community Oriented Policing
Philosophy to the St. Louis Park Police Department, especially in his active role during the early
stages of the Meadowbrook Collaborative; and
WHEREAS, Mark will spend his retirement years scuba diving, riding his motorcycle,
traveling, spending time with grown sons Jonathon and Kevin, and taking more long walks with
his wife Marcia;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis
Park, Minnesota, by this resolution and public record, would like to thank Police Captain Mark
Ortner for his great contributions and 32 years of dedicated service to the City of St. Louis Park
and the St. Louis Park Police Department and wish him the best in his retirement.
Reviewed for Administration: Adopted by the City Council August 21, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 082106 - 3a - Study Session Minutes Of June 12, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
June 12, 2006
The meeting convened at 6:31 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, and Mayor
Jeff Jacobs
Councilmember Finkelstein arrived at 6:50 p.m. and Councilmember Basill arrived at 7:35 p.m.
Councilmembers absent: C. Paul Carver and Susan Sanger
Staff present: City Manager (Mr. Harmening); Public Works Director (Mr. Rardin); Police Chief
(Mr. Luse); Police Captain (Mr. Ortner); Police Captain (Mr. DiLorenzo); Police Lieutenant (Ms.
Drier); Police Lieutenant (Lt. Kraayenbrink); Management Assistant (Ms. Honold); and
Recording Secretary (Ms. Samson).
Guests present: Darren Borg, Esq. and Fred Christiansen, Interim Finance Director
1. Police Department Activity Update
The Police Department presented an overview of Police Department activities for 2005. Captain
Ortner presented a report on patrol operations and said that St. Louis Park has 51 sworn officers,
34 of whom are in the patrol division, and they work from the SERA model. The police
department is in compliance with FELSA regulations.
Lieutenant Kraayenbrink discussed support services operations. He said there has been a cultural
shift in policing, i.e., 1/3 case management, 1/3 proactive work and 1/3 being involved with in-
progress crime. Lieutenant Kraayenbrink said 30-50 kids are joining in the Thursday night ball
games held near Louisiana Court.
Captain DiLorenzo reported on public safety dispatch. Captain DiLorenzo said public safety
dispatch has migrated to the 800 megahertz program during this last year. Captain DiLorenzo
said there are 12 officers on the tactical team plus supervision. Lieutenant Drier discussed the
information management team, which deals mostly with livability issues. Lieutenant Drier said
the police department is using Request Partner, which is being used internally for data collection.
Lieutenant Drier said livability issues are flagged in Request Partner and followed up. For 2006,
the reporting functions on the city’s website will be improved. Councilmember Finkelstein
requested a sample of Request Partner for next year’s report.
Councilmember Paprocki commended Chief Luse and his staff for being so responsive. Mayor
Jacobs asked an update on Hopkins. Chief Luse said Hopkins Police are short on resources and
St. Louis Park Police Department has offered some assistance services to Hopkins.
Councilmember Finkelstein complimented Chief Luse and his staff and asked what tools are
needed to deal with problem houses. Chief Luse said livability issues are not necessarily treated
seriously by the courts. He would like to address rental noise problems through the licensing
process. Councilmember Omodt asked what St. Louis Park’s position is on sex offender
tracking. Chief Luse said at the Council’s request he would do research and report. Mayor
Jacobs credited Chief Luse and his staff for the positive direction in which the police department
is going.
St. Louis Park Council Meeting
Item: 082106 - 3a - Study Session Minutes Of June 12, 2006
Page 2
2. Trail Crossing Improvements
Director of Public Works Mike Rardin presented the staff report regarding changes suggested by
staff to be implemented at the Beltline Blvd., Wooddale Avenue and “Hutch Spur” crossings.
Mr. Rardin said a consultant is evaluating the traffic implications of a pedestrian crossing vs. a
trail crossing at Beltline.
Chief Luse introduced attorney Darren Borg to address the education piece. Mr. Borg said the
law differentiates trail crossings and pedestrian crossings, e.g., Beltline Blvd. and Wooddale
Avenue, which are marked as trail crossings. A pedestrian crossing, where people cross on foot,
is one where pedestrians are to cross at a particular location marked by white paint and
regulatory signs, and therefore, motorists are required to yield to yield to a pedestrian in a
marked pedestrian crosswalk. Mr. Borg suggested short-term solutions until there is a change in
grade. Mr. Borg said to make the crossing a pedestrian crossing is not a viable short-term
solution. Mayor Jacobs said education is needed. Mr. Rardin is aware of a national study which
he will obtain for Council’s review.
For the short-term, Councilmember Basill suggested installing signage from 30 yards back from
the road indicating this is not a crosswalk, and per state law, vehicles are not required to stop.
Councilmember Paprocki said four lanes is a long distance and a median is needed.
City Manager Tom Harmening said the concept of a median on Wooddale is being considered
but the safest route may be to direct bikers or trail users to a traffic light. Mr. Harmening said a
grade separated crossing at Beltline has been approved for funding in the future.
Councilmember Finkelstein suggested using temporary barriers to reroute bikers and pedestrians
to West 36th Street. Mayor Jacobs prefers using signage only. Councilmember Finkelstein
thinks West 36th Street is the safer alternative to redirect bikers and pedestrians. Mayor Jacobs
would like to try that, preferably with just signage. Mr. Harmening said for the short-term, we
will put up signage and direct users to West 36th Street.
Councilmember Paprocki said a follow-up will need to be done to determine the effectiveness of
the redirection.
This item will be placed on the consent agenda.
3. Review of Preliminary Feasibility Studies for Flood Improvement Areas #24, 25 & 26
Mr. Rardin presented the staff report regarding an overview of the results of the preliminary
feasibility studies on three flood improvement projects and to discuss recommended alternatives
and next steps. Mr. Rardin also discussed water quality improvements.
Mr. Harmening said the long-term solution for Area 24 is to build a community pond or regional
pond, which would help the Friedell, Marcy and New Hampshire properties. The options are to
do nothing, a big fix or an interim fix. Mr. Harmening said the options for improvement areas
25, 26 and 10 are pretty much straightforward.
Mayor Jacobs suggested doing an interim approach first so that money can be made available for
the reserve fund, in case Lake Pepin comes through and requires money to be spent. If reserve
money is not needed for Lake Pepin, the city could go forward with a global fix in some of the
flood improvement areas.
St. Louis Park Council Meeting
Item: 082106 - 3a - Study Session Minutes Of June 12, 2006
Page 3
Mr. Harmening said the city received a letter dated June 12, 2006, from Roger Friedell’s
attorney, Gary A. Van Cleve for Larkin Hoffman Daly & Lindgren, Ltd., regarding property
flooding/storm water management problem/ Friedell Architects & Builders—2238-2240
Edgewood Avenue. According to Mr. Van Cleve, the water condition described in the letter
constitutes an unconditional taking of his property. Also included was a letter dated June 15,
2005 regarding the storm water management problems affecting Mr. Friedell’s commercial
property.
Councilmember Basill commented that the $200,000 in expenditures is just to help out until the
pond is built. Councilmember Basill is concerned about running the fund too low and he favors
moving forward with flood mitigation to help residents. Councilmember Basill and
Councilmember Finkelstein would like to bring the flood mitigation discussion back to Council
when all members are present. Councilmember Finkelstein said St. Louis Park has more than
met it obligation in trying to mitigate flooding.
Mr. Harmening said he hears consensus that the package Mr. Rardin laid out would be the
interim approach for Area 24 and the more known fixed improvements for Areas 25, 26 and 10.
Future discussion will include the full Council and the affected property owners to further
discuss these approaches.
4. Boards and Commissions
Management Assistant Marcia Honold presented the staff report. Councilmember Basill would
like to see a template for bylaws and he would like to see a yearly addendum for the various
commissions. Mayor Jacobs said it is a partnership but the work plan should be driven by the
Council. Councilmember Omodt doesn’t want to stifle the commissions.
Mayor Jacobs would like to restart the practice of holding an appreciation reception for the
commissions.
Ms. Honold will develop orientation guidelines for new members and for staff liaisons.
Ms. Honold and Council discussed term limits and chair rotations. Council reviewed the
Council’s Appendix A Resolution 03-043 for Boards and Commissions and directed staff to
make the recommended changes.
5. Future Study Session Agenda Planning
Mr. Harmening and the Council discussed study session agenda planning. Councilmember
Basill requested discussion regarding sewer backup for July 10th. Councilmember Paprocki
would like to discuss how to deal with problem properties. Councilmember Omodt requested an
update on Flame Metals.
The meeting ended at 9:48 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 082106 - 3b - Study Session Minutes Of July 10, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
July 10, 2006
The meeting convened at 6:00 p.m.
Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran
Paprocki, Susan Sanger, and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening); Human Resources Director (Ms. Gohman);
Director Technology and Support Services (Mr. Pires); Public Works Director (Mr. Rardin);
Utilities Superintendent (Mr. Anderson); Finance Director (Mr. DeJong); Community
Development Director (Mr. Locke); Planning and Zoning Supervisor (Ms. McMonigal);
Assistant Planner (Mr. Fulton); City Attorney (Mr. Scott); and Recording Secretary (Ms.
Samson).
1. Communications Plan
City Manager Tom Harmening said it is strongly recommended that St. Louis Park develop a
marketing and branding program. Human Resources Director Nancy Gohman said it is a logical
next step to transition and get all communication functions together. Director of Technology and
Support Services Clint Pires discussed convergence, i.e., it is difficult to separate technology
from communications.
Councilmember Sanger likes the email notification component to residents on the city’s website.
She remarked that she also likes the current St. Louis Park logo. Councilmember Sanger would
like increased communications between residents and the city, and she would like alternatives for
those without cable TV. Ms. Gohman said the city is looking at a customer-response type of
system.
Councilmember Omodt said a logo is not a brand. He would like to include feedback loops in
the Communications Plan, and include the neighborhood association piece; missing from the
report are conveyance issues and translations.
Mayor Jacobs emphasized communications to people who don’t speak English well, don’t have
cable TV and don’t have Internet access.
Councilmember Omodt will discuss particulars of the report with staff later. Councilmember
Paprocki likes the city’s website, Park Perspective, city/school calendar and neighborhood
newsletters. Councilmember Sanger requested meeting minutes be available on the city’s
website as soon as possible.
Mr. Pires requested feedback and comments from Council regarding the 38-page WiFi report.
2. Sanitary Sewer Back-up Policy
Public Works Director Mike Rardin briefly presented the staff report. Mr. Rardin said currently,
St. Louis Park has a fault-based system; no-fault is not cost effective.
In regard to sanitary sewer back-ups, Councilmember Basill would like to develop a policy of
fairness. Councilmember Basill asked should property owners be required to buy insurance; he
said insurance for sanitary sewer back-ups is limited.
Councilmember Carver asked what a no-fault situation for the city would be. Mr. Anderson said
if the city has done its due diligence, i.e., cleaned the city’s sewer lines, the city is not liable and
is not at fault. However, if the city didn’t perform regular maintenance on the sewer lines, the
city pays.
St. Louis Park Council Meeting
Item: 082106 - 3b - Study Session Minutes Of July 10, 2006
Page 2
Councilmember Sanger said the city and property owners should share the costs and the risks.
Mr. Anderson said backflow prevention measures are available. Mayor Jacobs said perhaps the
city should require those measures. Councilmember Finkelstein said because St. Louis Park has
a housing inspection program at point-of-sale, that would be an ideal time to inspect for back-up
prevention.
Mr. Harmening summarized that Council would like for staff to return with some ideas on how
to implement a no-fault approach—with a cap.
Councilmember Sanger inquired about increasing the frequency of routine maintenance.
Councilmember Basill requested staff to research what private insurance options are available for
property owners.
At 7:12 p.m., Mayor Jacobs recessed the study session.
The study session reconvened at 8:28 p.m.
3. Interim Ordinance (Moratorium) in the R-1 Zoning District
On June 19, 2006 the Council directed staff to provide some additional information about
establishing an Interim Ordinance (moratorium) for subdivisions in the R-1 zoning district.
Councilmember Carver said he has no questions. He said, generally, a moratorium is not a good
idea, especially when applications are pending.
Mayor Jacobs said lot sizes can be studied with or without a moratorium.
Councilmember Sanger submitted a petition of individuals who favor a moratorium and she
suggested a moratorium for a part of the city, e.g., Lake Forest or a portion of Fern Hill. City
Attorney Tom Scott said that could be done.
Councilmember Carver favors a study but he opposes a moratorium. Councilmember Omodt
opposes a city-wide moratorium. Councilmember Paprocki asked should neighborhood
associations determine their neighborhood character. Councilmember Sanger said input from the
neighborhoods is needed. Councilmember Finkelstein remarked that he thinks there is consensus
to start a study but he sensed there was not a consensus to impose a moratorium. Other
Councilmembers concurred.
4. Future Study Session Agenda Planning
Mr. Harmening and the Council discussed study session agenda planning.
The meeting ended at 9:28 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 082106 - 3c - Study Session Minutes Of July 24, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
July 24, 2006
The meeting convened at 8:40 p.m.
Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Susan
Sanger, and Mayor Jeff Jacobs.
Councilmember Loran Paprocki was absent.
Staff present: City Manager (Mr. Harmening); Police Chief (Mr. Luse); Police Lieutenant (Ms.
Drier); Director of Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon);
Finance Director (Mr. DeJong); and Recording Secretary (Ms. Samson).
1. Crime-Free Rental Licensing
Director of Inspections Brian Hoffman and Police Chief John Luse presented a staff report
discussing concerns with some rental properties when the owner may not be aware or utilizing
Crime-Free provisions. Repeated Police calls for tenant nuisance actions creates a need for
resources and can negatively affect the community. Some options include ordinance
amendments to the rental licensing program for license fee incentives and added service fees.
Councilmember Basill said the higher the licensing fee, the more incentive the owner has to
come into compliance. Councilmember Basill is in full agreement with staff’s crime-free rental
licensing report.
Councilmember Sanger said it doesn’t go far enough if we expect a small fee incentive to be
effective. Councilmember Omodt agrees with Councilmembers Basill and Sanger.
Mayor Jacobs said landlords need to be held responsible for the behavior of their tenants, and he
likes the idea of offering an incentive to comply but he doesn’t want fees transferred to tenants
from the landlords. Councilmember Finkelstein agrees with the concept of a service fee.
Councilmember Carver said there may be due process hearings required in order to impose fines
on people.
Councilmember Omodt suggested strengthening neighborhood associations. Mayor Jacobs
asked if bad behaviors are seen more in rentals than non-rentals.
Mr. Hoffman said, like the property maintenance code, having the program apply equally to all
rental properties would be more beneficial. Mr. Hoffman said following the many crime free
program initiatives are currently only promoted by the Police and are voluntary. He suggested it
may be possible to require certain provisions for background checks and lease agreement
provisions be mandatory, but City Attorney Tom Scott would need to investigate what would be
possible.
St. Louis Park Council Meeting
Item: 082106 - 3c - Study Session Minutes Of July 24, 2006
Page 2
Councilmember Basill said a crime-free lease is needed as a tool. Councilmember Sanger said a
larger incentive might be to offer free criminal history checks with a short turn around time.
Councilmember Finkelstein said the problem needs to be identified first.
Councilmember Carver would like more data before proceeding.
City Manager Tom Harmening summarized that the Council is interested in some kind of
program to tag onto the rental licensing inspection program that has an element of dealing with
behavioral issues on a piece of property; Council wants more information and help from Tom
Scott in terms of legal standing in doing some of these things; Council is looking for examples
from other cities; and it will require a public process. Mr. Harmening said staff will research and
return with information.
2. Problem Properties
Environmental Housing Inspector Manny Camilon presented a staff report about the various
reasons some properties become long-term or repeating problems. A more significant problem
typically exists with these properties that is not always obvious. The solutions are often varied,
not always effective, and time consuming. Councilmember Sanger and Mayor Jacobs asked
what resources would make your job easier. Mr. Camilon said, in part, it would be funding.
Councilmember Sanger thinks the pressure could be stepped up on problem properties.
Councilmember Finkelstein suggested a social worker approach.
Mr. Hoffman said property owners can be issued citations but formal complaints and a court
order to correct the problems have been most effective. Mr. Hoffman said staff will return with
some possible enhancements to our property maintenance program.
3. Preliminary Budget Discussion
Finance Director Bruce DeJong briefly presented the staff report. Council discussed fees and
levies. Mr. Harmening asked questions and listed options for Council’s consideration.
Councilmember Sanger requested actual dollar amounts corresponding to percentages.
4. Future Study Session Agenda Planning
Mr. Harmening and the Council discussed study session agenda planning.
The meeting ended at 10:50 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
August 7, 2006
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul
Omodt, Loran Paprocki and Susan Sanger
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director (Mr. Locke), Community TV Coordinator (Mr. McHugh), Director of
Technology and Support Services (Mr. Pires), Finance Director (Mr. DeJong), Planning/Zoning
Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther) and Recording Secretary (Ms.
Stegora-Peterson).
2. Presentations
2a. Jr. Leaders Parks and Recreation
John Bartheleau, Park and Recreation Dept. Playground Leader, and Michelle Margo
showed a video and presented certificates to participants of the Junior Leader Program.
Mayor Jacobs thanked Junior Leaders, the Park leaders and their families.
2b. Children First Asset Champions Network
Karen Atkinson, Children’s First, reported on the Asset Champions Network, a
community-wide approach to obtain a network of individuals from community
organizations.
Mayor Jacobs felt many people were excited about taking Children First and the Asset
Building model to the next level.
Ms. Atkinson noted recently Mr. Harmening became chair of Children First.
3. Approval of Minutes
3a. City Council Minutes of June 5, 2006
The minutes were approved as presented.
3b. City Council Minutes of July 10, 2006
Councilmember Sanger indicated on page four, fifth paragraph to substitute “replatting”
with “replanting”.
The minutes were approved as corrected.
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 2
3c. City Council Minutes of July 17, 2006
The minutes were approved as presented.
3d. City Council Minutes of July 24, 2006
The minutes were approved as presented.
3e. Study Session Minutes of July 17, 2006
The minutes were 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.
4a. Adopt Resolution Nos. 06-125, 06-126, 06-127, 06-128 and 06-129 imposing
Civil Penalties for Liquor License Violations according to the recommendation of
the City Manager.
4b. Approve a Temporary On-Sale Intoxicating Liquor License - Holy Family Fall
Festival, 5900 & 5925 West Lake Street, St. Louis Park to be held September 22
& 23, 2006
4c. Adopt Resolution No. 06-130 appointing election judges for the Primary and
General Elections to be held September 12 and November 7, 2006.
4d. Resolution No. 06-131 for Final Payment 39-05 Frattalone Paving Inc. - Street
Improvements and Watermain – 20041000
4e. Amend the 2006 equipment acquisition program to allow the purchase of an
additional vehicle for the Police Department.
4f. Adopt Resolution No. 06-132 authorizing an application for a grant from the
Metropolitan Council Livable Communities Demonstration Account
4g. Human Rights Commission Minutes of May 16, 2006
4h. Human Rights Commission Minutes of June 20, 2006
4i. Planning Commission Minutes of June 21, 2006
4j. Approve Vendor Claims for Filing (supplement)
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to
approve the Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
5. Boards and Commissions - None
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public – None
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 3
8. Resolutions, Ordinances, Motions
8a. Citywide Wireless Internet Authorization to Request Bids
Resolution No. 06-124
Mr. Pires introduced staff and consultants and presented the staff report.
Councilmember Basill asked about the additional cost to the City for the bid process.
Mr. Pires replied staff was requesting $50,000 to complete the bid process, the study, the
site visits and to continue service to the existing pilot areas.
It was moved by Councilmember Sanger, seconded by Councilmember Carver, to adopt
Resolution No. 06-124 authorizing staff to request bids for design, purchase, and
implementation of a citywide wireless Internet network, with Council reserving the right
to reject any and all bids should Council determine they do not meet financial or
performance goals, or for any other reason Council may determine is in the best interest
of the City.
Councilmember Finkelstein complimented staff for their work. This is based on
acquiring 35% of the households and 15% of business subscribers. As part of the bidding
process can they also look at other variations of the percentages? Mr. Pires responded
there were several additional pieces of information they wanted to add, including
additional scenarios. They had also been talking about alternative technologies and
looking at feedback received from wireless pilot customers regarding the pricing
structure.
Councilmember Finkelstein asked if they were closing the door on exploring
opportunities such as partnering with the City of Minneapolis. Mr. Pires replied the City
of Minneapolis was intending to make a decision and he talked about possible
collaboration, particularly for subscribers in either city to stay connected.
Councilmember Finkelstein asked if that would be part of the bidding process and asked
if staff had also been exploring if other suburbs would join. Mr. Pires replied the City
Manager was setting up a meeting with other city managers who had expressed an
interest.
Councilmember Finkelstein noted a final thing he would like to see in the bidding process
was if there were a change in technology or things didn’t go well to have an exit strategy.
Mr. Pires replied some of the opportunities for exit strategies were unpredictable six
months ago such as the interest other organizations were showing in existing networks.
Staff will address those issues in October.
Councilmember Omodt asked about the cost break down for the $50,000. Mr. Pires
replied a significant piece was to keep the pilot project going. The rest was the
engineering that went into designing the bid document and site visits.
Councilmember Basill stated when they began the pilot, he did not support it, although he
was in favor of wireless. Once they made the decision to go ahead, he hoped for a
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 4
smashing success. He was concerned with low participation and that the pilot didn’t
meet goals. A lot of good issues had been brought forward, which made him feel good
they didn’t roll it out citywide. He would not support this again, although he would love
the community to be wireless. Technology changes very fast and they could be buying
something that is obsolete. He would like to see private business do this and to reduce
the risk to taxpayers.
Councilmember Omodt indicated he would be abstaining because his company does
work with some of the vendors.
Councilmember Carver spoke in favor of the motion. It made sense to go forward with
the proposal because they had made the investment so far. They had started learned a lot
and had more to learn. The motion extended the pilot a small amount and wisely kept the
pilot up and running, at a reasonable cost, to examine whether or not to go citywide. On
the point of the technology, the kind of WiFi they were talking about was not going to go
away anytime soon. They were looking at the middle of the continuum and trying to buy
a proven technology they knew worked. They were doing this sooner than a lot of places
and were taking advantage of the experiences of others. He noted he received a letter
from a private sector entity letting him know they were close to doing something, but
couldn’t tell him where or how. The private sector had a long opportunity to deliver
service in this community and hadn’t done that. High speed Internet is just as vital for
their future as water has been in the past and important to the future. The fiber optic
cable they are putting into the ground for infrastructure and in other cities, there is a very
high value to the capital and the fiber optics put in the ground. They will have invested in
an infrastructure that will continue to be there and will be valuable to someone and
perhaps once they’ve done the work, one of the private businesses will come along and
ask to lease the fiber optic cable.
Councilmember Sanger was also in support of going forward with the pilot project and
was in favor for the reasons Councilmember Carver laid out. It was true that technology
was changing, and always would be. If they said they were not going to try a wireless
program because technology was changing, they would be paralyzed and never do a
program dependent on high technology. That was not a valid reason for stopping the
pilot project. As far as waiting for a private enterprise to come along, they had been
waiting. A private company came to St. Louis Park to explore whether it would be
possible to install a citywide wireless network and they left. They decided they couldn’t
make a sufficient profit and no other private company had been back. They needed this
to help move the community and businesses forward. Many residents had expressed
enthusiastic support. Many were waiting to sign up for the citywide project and weren’t
willing to change their email address for a pilot project they were unsure would go
forward. If they get to the point of having a citywide permanent project, they will have a
great deal of support.
Councilmember Finkelstein believed they were taking baby steps and if they didn’t
continue the project and send out the requests for proposal they would never find out how
long it would take to walk. He was a little nervous spending more money, but was more
nervous if they didn’t take the final step and prepare themselves for the world their
children would be inheriting. To spend $50,000 was a lot of money, but it was
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 5
approximately $1/resident and they needed to figure out what it’s going to cost to take the
next step in this project and what it would cost if they didn’t take this step. He supported
this.
Councilmember Basill clarified it was not because technology was changing, it was
because of the risk. It was not because he opposed WiFi, he was in favor. As the private
company came forward and said there wasn’t sufficient profit to do this, it made sense it
worrisome how the city thought there would be profit. He wanted WiFi, but would like
to see a no cash down network and subscriber’s pay with no cash down by the city. He
thought WiFi would happen in time without risking taxpayer dollars. They should be a
customer of a privately operated system. The risk of the dollars that they spent on the
technology would be on the shoulders of the private enterprises and they have an
obligation to pick the right technology. Now they were putting the risk on the taxpayer,
which gave him great reservation.
Councilmember Paprocki indicated he was in favor of this. This is not cutting edge
technology, but is good. The key is the life of the technology. The income projections
are based on having a 36% enrollment of households over five years. He was skeptical
they could get 36% enrollment, they were at 25% and needed to grow 50%. Yes people
like it, 25% do. At National Night Out the 25% was real. There are people that don’t
have computers that are WiFi capable, people that aren’t interested in having Internet,
people who have cable, etc. People need to know upfront even though they don’t have
Internet or WiFi, they would use their tax dollars so their neighbor can have WiFi. They
need good numbers up front so they don’t have surprises in later years. Half of the
equation is the cost. Fiber is the most interesting part of this project and would be here
for a long time.
Councilmember Carver commented in response to Councilmember Basill’s question
about the profit, this was not being done to make a profit. The ideal situation would be
for this to completely pay for itself with rates and the amounts charged per person at the
variety of levels. There are other benefits they had not catalogued or priced. The City
currently pays $20,000/year to provide for Police to have wireless access. They would
become the provider of that service if they have wireless and that would no longer be
paid. This will be part of the next round of analysis. There are a number of benefits.
Mayor Jacobs stated he was in favor of the motion. Councilmember Basill was saying it
was not whether to do it, but who should do it, which was a legitimate question. This is
to create an environment where new businesses can thrive and where residents, students
and schools can compete. He was glad they did a pilot and they learned a lot. They need
to find more answers and determine how much this would cost and if it was worth it. He
hoped it was and that they could achieve some of the municipal benefits and there may
also be other costs savings.
Mr. Pires commented one of the interesting things about this project was that they were
looking at it on a retail basis and looking at subscriber revenues trying to support the cost
of the project. That was contrary to the way most other communities had looked at
wireless, they looked at it purely from a municipal benefits point of view. While they
were looking at it from a retail point of view, it was a business that they would be getting
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 6
into, that also means if they have the infrastructure there it would serve other benefits
municipally. Part of the goal between now and November is to try to articulate those.
What he heard from the comments from Council was it would have been nice if it would
have been there already. In St. Louis Park, 70% of residents have a choice of one
broadband provider and many would argue that was not competition. He also heard that
down the line through an exit strategy it might be nice if they were not even in this
business. Perhaps one of the roles they would play would be start as a provider and
another provider would manage/operate the system in the future.
The motion passed 5-1-1 with Councilmember Basill opposed. Councilmember Omodt
abstained.
8b. West 36th Streetscape & Public Art Discussion
Ms. McMonigal presented the staff report.
Mr. Walther reviewed the project parameters.
Mike McGarvey, SRF Consulting, presented the plans for the streetscape.
Councilmember Finkelstein felt they were missing a unique opportunity to distinguish the
city and West 36th Street. They can develop something that would become a regional
draw. It needn’t be more expensive or less durable. They should look more outside the
box and draw people out and engage them into the community. This seemed to be a
continuation of the Excelsior and Grand motif, which was nice, and he suggested various
other forms of public art. Businesses also needed to be taken into account. They needed
to pay attention to the cultural infrastructure as well as other infrastructures. This is an
opportunity to put art into the public space and their everyday life and they weren’t using
it.
Mayor Jacobs clarified the discussion on the public art was next.
Councilmember Carver added he heard a couple of times “like Excelsior and Grand”,
these are different places and he didn’t think it served them well to have multiple
Excelsior and Grands. These places would be in competition and both needed their own
unique character. Over time these places would develop their own draws because of
what it was like.
Councilmember Paprocki felt this was a unique location that it was near the core of the
old City. He didn’t want it to become another Excelsior and Grand or be like Wayzata.
This should be a place where they try to tap into the history of St. Louis Park and also
draw in longer-term residents.
Mayor Jacobs stated they would discuss the thoughts of the Council and the process. He
wanted people who knew what they were talking about to create this and have a public
process with the stakeholders to tell them what would make this a unique place.
Councilmember Omodt stated that the streetscaping didn’t look very green and it would
be nice to have more trees. The last streetscaping they did on 36th Street didn’t look nice
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 7
for very long and he didn’t want to do the same thing. He questioned if the design would
be easy to maintain, is it going to be maintained, will it be in a special service district?
Excelsior and Grand would continue to look the way it does because it is in a special
service district and had standards. He wanted to design with the idea that it would be
maintained.
Councilmember Basill felt the discussion was very refreshing. This was very important
street going into the Elmwood neighborhood and connectivity through the community.
They needed to analyze what they were doing, to take their time and get this right and
make it long term with public art incorporated.
Councilmember Sanger stated when she thought of 36th Street and the streetscape issues,
it seemed they shouldn’t be discussing the streetscape without also discussing the traffic
and congestion. They also needed to discuss pedestrian crossings and visibility. Her
second concern was the difficulty in seeing the presentation materials and she would have
preferred having this as a study session where they could talk more freely and see larger
pictures.
Ms. McGonigal replied they were looking at a maintenance service agreement for
properties along this area to take care of the streetscape. They were also looking at
special treatments for pedestrian crossings, but did not have anything specific at this time.
There is a light planned for Xenwood and 36th that would come with the Hoigaard’s
redevelopment.
Ms. Walsh stated this wasn’t intended to be all inclusive of what they expect, this was the
basics elements of the streetscape plan. There are opportunities within the streetscape to
do public art and they were looking at that. There were also opportunities outside of the
typical streetscape. Part of the streetscape and public art in this area isn’t just intended to
be sculptures, it may also be benches, manhole covers, etc.
Jack Becker, art consultant, presented the potentials areas along 36th street for public art.
They were looking at many themes including: connectivity, history, nature and green,
and diversity.
Mayor Jacobs asked about next steps. Mr. Becker replied one of the first steps would be
meeting in more depth with the developers that were moving forward.
Mayor Jacobs felt a unique feature of Excelsior and Grand was that they became involved
in the design stage and it was incorporated into the project design from the beginning.
He felt it was important to do that here. There were unique opportunities to do something
special along this route to denote that this was St. Louis Park.
Councilmember Basill agreed working with the developers was key. They needed to
capture this at the right time frame to get it done and have the vision. As they move
forward, is there pre-staging that could be done inexpensively. A lot of development may
not happen for many years and they want it to be walkable. He would push for an interim
plan or pre staging to be ready for the long term, but make it better for today. He asked
for an update on Highway 7 and Wooddale and about the traffic on 36th. Mr. Harmening
replied they are interested in seeing the construction of a grade separated crossing at
Highway 7 and Wooddale to address traffic issues. SRF Consulting helped with an
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 8
application for Federal funds to assist in building the crossing where Wooddale would be
separated from Highway 7, with appropriate access points onto Wooddale. The cost of
the project, including acquisition is approximately $18 million. They completed most of
the acquisitions. They applied for Federal funds and received approval of $6 million,
which would be directed toward the cost of this project. This moves them up on the
prioritization list for Sate funding and they are in conversation with MnDOT and the
County on fulfilling the rest of the funding needs for the project. The soonest a project
would be done would be 2009. The grade separated crossing will provide a tremendous
relief to the traffic problems in that area.
Councilmember Basill added the grade separated crossing would also have pedestrian
access on both sides to allow people to cross above-grade.
Councilmember Finkelstein clarified he was not looking for cutting edge art that hurt
anyone or have people wonder what it is, but he wanted to be sure they didn’t end up
with an Excelsior and Grand light. For planning the streetscape he would also like them
to talk with the businesses because there are a lot more opportunities for public art and
activities on the South side of West 36th and not the North side. He would be interested
in seeing what Citizen State Bank, Beltline Properties and the Ford Dealership felt. He
was also pleased to see Target noted in the report. Target missed a major opportunity to
do something special in their remodeling and this would be an opportunity to correct that.
They would also need to get neighborhood input. Because there may be a potential LRT
stop, that would also be an opportunity.
Mr. Harmening indicated staff was providing an update and were working on this. It was
clear that the Council didn’t want this to be an Excelsior and Grand look alike and
wanted this to have its own character and distinction. They will continue conversations
with a group of property owners and interested parties along the 36th Street corridor,
including Citizens Bank and developers. They were not done with the streetscape either.
There will be conversations with the Elmwood neighborhood and other stakeholders in
the area about what the streetscape would look like.
Ms. Walsh noted neighborhood representatives have been involved in the 36th Street
Corridor Art group.
Councilmember Basill stated it had been a good process.
9. Communications
Mayor Jacobs reported that the 2006/07 St. Louis Park City School Calendar was in the
mail. He thanked staff and everyone involved in National Night Out. He also thanked
the Human Rights Commission who sponsored a forum with Somali residents. It was a
very successful event and a good learning experience.
Mr. Harmening stated Comcast was about to take over the cable franchise and asked Mr.
Pires to present an update on upcoming changes. Mr. Pires indicated the franchise
transfer was effective July 31st. A representative from Comcast explained their plans at
the Telecommunications Advisory Commission meeting. For now there will be no real
changes at the customer level in terms of pricing or Email addresses. Comcast is
planning on forwarding all Email from the current Roadrunner address to a new address
St. Louis Park Council Meeting
Item: 082106 - 3d - City Council Minutes Of August 7, 2006
Page 9
within a year. That will turn into Comcast.net. Within a year everyone has to change
their Email address. Comcast is planning to have their next pricing scheme available on
January 1st, which is when rate and service changes occur. Before that time they may
have a realignment of channels. Mr. McHugh added that the one-year transition showed
how the operators had learned that longer was better for a transition. The fastest change
would be that trucks would say Comcast. The biggest channel changes would be
additions if a subscriber has digital service. Subscribers with analog service will also
have channels affected. Mr. Pires added Comcast is absorbing all of the commitments of
the franchise recently finalized with Time Warner, including local origination.
Councilmember Basill asked if the Email accounts would be set up the same way as
Roadrunner, such as one subscription with five Emails and remote Email access? Mr.
Pires replied they didn’t get into that detail.
Councilmember Basill believed those were important service questions for many people.
Mr. Pires stated Comcast said nothing would change immediately. They needed to ask
Comcast those questions about remote Email access and multiple boxes.
Councilmember Sanger asked if they knew when Comcast expected to provide
notification of changes to residents? Mr. Pires replied letters were in the mail now to all
current customers.
Councilmember Sanger believed people were asking how much their rates would raise
and how fast. Mr. Pires felt one of the things that would be important would be
importance of the cable franchise in the community, particularly with regard to local
origination programming. He suggested Comcast come before the City Council to
provide an update and answer questions.
10. Adjournment
The meeting adjourned at 9:30 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 082106 - 4a - Approval Of Meadowbrook Parkland Lease
Page 1
4a. Motion to approve the Meadowbrook Manor Parkland Lease
BACKGROUND:
The purpose of this report is to update the Council on the status of the public parkland lease
between the City and the Meadowbrook Manor apartment complex and to ask that the Council
renew the lease, which expires on August 31, 2006, for an additional 10 years.
Ten years ago, the City entered into a public/private partnership to develop a public park and
playground area within the Meadowbrook Manor Apartment complex. Representatives from the
Meadowbrook Collaborative, including the Park Nicollet Foundation, had approached the City
with an identified need for a place for children at Meadowbrook to play that was both safe and
near their home. Over 100 children reside in the Meadowbrook complex.
City staff, representatives from the Collaborative and the property owner met and identified the
park site and determined the following proposed improvements.
• New playground equipment
• A small sun/picnic shelter
• A basketball court
• A drinking fountain
• Additional landscaping
The City entered into a 10-year lease with Meadowbrook Manor to lease a one-acre site within
the complex to use for park purposes. Rent for the term of the lease was $1.00.
The first phase of the project included installing new playground equipment and landscaping
improvements. The improvements were completed in 1997 and funded primarily with private
sector donations. The Meadowbrook Collaborative was awarded a $5,000 Neighborhood
Revitalization Grant to assist in funding the improvements, ensuring the project’s viability. The
site has been utilized for Park and Recreation summer programming and other Collaborative
activities serving the children at Meadowbrook for the past 10 years.
In addition to the park, the construction of a basketball court, funded through the Park
Improvement fund, was completed in another location within the development in 2000. The
final phase, the sun/picnic shelter constructed in 2003, was funded with Community
Development Block Grant (CDBG) funds.
Under the proposed lease, the City is responsible for inspecting and maintaining the equipment
and facilities. City liability for persons injured on the playground equipment or the basketball
court is the same as if the incident had occurred on City owned parkland. Meadowbrook is
responsible for mowing the property, removing litter and debris from the Park and for providing
maintenance services associated with the removal of snow and ice from the site.
Within the next few years, it is quite likely that the playground equipment will need replacement
and the basketball court resurfacing. Estimated costs for these improvements are approximately
$35,000 for playground equipment replacement and $12,000 for resurfacing the basketball court.
Potential resources to fund the improvements include private donations, foundation grants, park
improvement fund, the City’s Neighborhood Grant program and CDBG funds.
St. Louis Park Council Meeting
Item: 082106 - 4a - Approval Of Meadowbrook Parkland Lease
Page 2
The current lease expires on August 31, 2006 and the Collaborative has requested that the City
consider entering into a lease for an additional 10 years at a cost $10.00.
RECOMMENDATION:
Staff recommends that the Council authorize the Mayor and City Manager to execute “Lease of
Private Property for Public Use at Meadowbrook Manor” for a term of 10 years
Attachments: Draft Parkland Lease
Map of designated parkland and basketball court (supplement)
Prepared by: Michele Schnitker
Reviewed by: Cindy Walsh
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 4a - Approval Of Meadowbrook Parkland Lease
Page 3
LEASE OF PRIVATE
PROPERTY FOR PUBLIC PARK
USE AT MEADOWBROOK MANOR
1. This lease, made and entered into this ____ day of ______________, 2006 is between
Helena Bigos, d/b/a Meadowbrook Manor Apartments, 6860 Excelsior Boulevard, St.
Louis Park, Minnesota (hereinafter referred to as “Meadowbrook”), and the City of St.
Louis Park, Minnesota, a body politic and corporate (hereinafter referred to as “City”).
2. This lease is a renewal and restatement, with modifications of a ten year lease between
the parties which terminates on August 31, 2006.
3. Meadowbrook hereby leases to the City for public park purposes the property outlined in
red on the attached Exhibit “A” and labeled “Public Park and Basketball Court”
(hereinafter referred to as “the Park”), which Exhibit is hereby incorporated as part of this
lease.
4. Meadowbrook grants the City permission to grade and seed the Park, resurface the
basketball court and, at the City’s sole discretion, install new or replace existing park and
playground equipment and similar facilities consistent with park usage.
5. The term of this lease shall be from September 1, 2006 to August 31, 2016, unless
terminated early by either party giving ninety (90) days written notice to the other party.
In the event that Meadowbrook desires to terminate said lease prior to August 31, 2016
the cost for the removal and reinstallation onto public property of all improvements made
to the Park shall be borne solely and exclusively by Meadowbrook.
6. In consideration of the use of the park property for public park purposes, the City agrees
to pay to Meadowbrook as rental for the term of this lease the sum of $10.00 payable in
one installment to be made prior to September 1, 2006.
7. The City will, at its option, either transfer ownership of all equipment, structures and
facilities to Meadowbrook or remove all such items and restore the Park property to its
original condition at the termination of this lease.
8. The City will maintain the property by inspecting and repairing the Park equipment and
facilities during the term of this lease. Meadowbrook agrees to mow the grass and
control weeds at proper intervals, remove litter and debris from the Park, empty trash
receptacles and to provide all maintenance services associated with the removal of snow
and ice from the site.
9. The City will defend, indemnify and hold Meadowbrook harmless for any claims,
demands, liability, and costs and expense arising from injury to and death of any person
or loss or damage to property attributable to any acts or omissions of the City or as the
result of its occupancy of the Park.
St. Louis Park Council Meeting
Item: 082106 - 4a - Approval Of Meadowbrook Parkland Lease
Page 4
10. Meadowbrook will defend, indemnify and hold the City harmless for any claims,
demands, liability, and costs and expense arising from injury to and death of any person
or loss or damage to property attributable to any acts or omissions of Meadowbrook or as
the result of its lease of the Park to the City.
11. This lease supersedes all prior proposals, oral or written, and all negotiations,
conversations or discussions heretofore had between the parties related to the use by the
City of any Meadowbrook property for park purposes.
12. In the event either party fails to perform any of the agreements contained herein, the other
party may, at its option, immediately terminate this lease by written notice.
IN TESTIMONY WHEREOF, the parties hereto have set their hands and seals on the date as
first above written.
Helena Bigos, d/b/a Meadowbrook
Manor Apartments
CITY OF ST. LOUIS PARK
By:_________________________________
Jeffrey W. Jacobs, Mayor
By:_________________________________
Thomas K. Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 1
4b. Motion to Approve the Northwest Metro Drug Task Force Agreement
BACKGROUND:
The St. Louis Park Police Department has been a participating member of the Northwest Metro
Drug Task Force (NWMDTF) since 1988. The NWMDTF has been operating under inter-
agency agreements since its inception. The other members of the NWMDTF are the cities of
Crystal, Golden Valley, Hopkins, New Hope, Plymouth and Robbinsdale. We are currently
involved in discussions with the Hennepin County Sheriff’s Department to explore the
possibility of having Sheriff’s Department personnel assigned to the task force as well.
There are a number of drug task forces in existence around the metro area, and there are also
drug task forces scattered throughout greater Minnesota. By combining our resources, we are
better able to address the unique skill set and learning curve associated with this work and apply
a team with specialized skills and equipment to trouble spots in our communities.
Because the world of gangs and drugs does not recognize geographic boundaries, our drug task
force works cooperatively with other drug task forces, as well as state and federal agencies, on a
regular basis. Since the nexus between gangs, drugs, violent crime and property crime is well
established, the mission of the drug task force has continued to evolve and expand through the
years.
During the past year, the police chiefs involved in NWMDTF began to have discussions about
the task force as a legal entity. A sub-committee consisting of Chief Luse and two other
NWMDTF members attended a series of meetings with attorney Bill Everett of the League of
Minnesota Cities. A draft Joint Powers Agreement (JPA) was developed. The draft JPA was
reviewed by all member chiefs, and Chief Luse also submitted the draft agreement to City
Attorney Tom Scott for his review and approval.
The following are components of the new Joint Powers Agreement that were not included or
were not properly addressed in the inter-agency agreements:
• Member and governing board structure and guidelines
• Powers and duties defined
• Insurance and indemnifications – Drug Task Force provides separate policy
• Financial Management obligations
• Membership regulation
• Policy alignment
The City’s obligations under this new agreement have not changed in any significant way. The
base wage and benefits cost of each officer assigned to the task force are the responsibility of
that officer’s employer. Other costs, including overtime, training and vehicle expenses, are paid
by the task force. The task force insurance and indemnification policy is also paid by the task
force. Task force funds come primarily from grants and forfeitures.
RECOMMENDATION:
Staff recommends that Council authorize the Mayor and City Manager to execute the attached
agreement on behalf of the City of St. Louis Park.
Attachments: Northwest Metro Drug Task Force Agreement
Prepared by: John Luse, Chief of Police
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 2
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
The parties to this Agreement are units of government responsible for the enforcement of
controlled substance laws in their respective jurisdictions. The parties desire to work
cooperatively in the enforcement of controlled substance laws and, for that purpose, are hereby
forming the Northwest Metro Drug Task Force as a joint powers entity. This Agreement is made
pursuant to the authority conferred upon the parties by Minnesota Statutes, § 471.59.
The undersigned Governmental Units, in the joint and mutual exercise of their powers,
agree as follows:
1. Name. The name of the joint powers entity shall be the Northwest Metro Drug Task
Force. (NWMDTF).
2. Definitions:
a. Agent – means a peace officer, employed by a member, who is assigned to the
Task Force.
b. Board – means the governing board of the Task Force.
c. Fiscal agent – means a governmental unit that is a member of the Task Force and
is responsible for the administration of financial and accounting functions for the
Task Force.
d. Member – means a governmental unit that is a signatory to this agreement.
e. Task Force – means the Northwest Metro Drug Task Force.
3. Members. The initial members of the Task Force are the following Governmental Units:
City of Crystal
City of Golden Valley
City of Hopkins
City of New Hope
City of Plymouth
City of Robbinsdale
City of St. Louis Park
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 3
3.1 The members shall cooperate and use their best efforts to ensure that the various
provisions of the Agreement are fulfilled. The members agree to act in good faith to
undertake resolution of disputes, if any, in an equitable and timely manner and in
accordance with the provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for three years, commencing September 1, 2006 and
terminating August 31, 2009, unless terminated earlier pursuant to section 5.7(c) of this
Agreement. This Agreement shall be automatically extended for successive three-year
terms upon the same terms, conditions, and covenants, unless the Task Force is dissolved
prior to expiration of the initial or successive term.
4.2 Upon dissolution of the Task Force, the board shall provide for the distribution of all
Task Force funds and assets in the following manner: (1) The board may determine to
sell and liquidate non-monetary assets prior to distribution; (2) Only governmental units
that have been members of the Task Force continuously for the 24 months immediately
preceding dissolution shall be entitled to share in the distribution; and (3) Assets and
funds shall be distributed in proportion to the full-time staffing contributions of each
member to the Task Force during the 24 months immediately preceding dissolution,
determined by the full time equivalent contributions of each member for each of the 24
months immediately preceding dissolution. Property owned by members shall be
returned to the members upon dissolution. A member whose membership terminates
prior to dissolution of the Task Force is entitled to the return of its own property, but is
not entitled to any share or portion of Task Force funds or assets.
5. Governing Board.
5.1 The Task Force shall be governed by a governing board. Members of this board will be
known as “Directors.” The Chief Law Enforcement Officer from each member, or his or
her designee, shall serve as a Director. There shall also be one Director representing the
Hennepin County Attorney’s office, who shall not vote in any matters before the
Governing Board
5.2 Directors shall not be deemed employees of, nor compensated by the Task Force.
5.3 The Board will elect a chair. The Chair shall have no more power than any other
Director except that the Chair shall: give notice of meetings when scheduled or
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 4
otherwise called; call meetings to order and provide for their orderly and efficient
conduct; provide for the preparation of minutes; and, when authorized by the passage of a
motion by board, execute contracts, agreements, reports, filings, and other documents on
behalf of the Task Force.
5.4 The Board will delegate operational control over activities to a Task Force Commander.
5.5 The Board will delegate financial and administrative oversight to a Task Force
Coordinator, who shall be an employee of the member then serving as the fiscal agent for
the Task Force.
5.6 The Board shall meet on a quarterly basis or more frequently as needed. A meeting may
be called by any Director, or the Task Force Commander.
5.7 It shall require the affirmative vote of at least 70% of all members to:
(a) Approve or amend the budget;
(b) Approve the expenditure or distribution of Task Force funds; or to
(c) Abolish or dissolve the Task Force.
In all other matters, the Board may take action based on the vote of a simple majority. A
quorum shall exist, and votes may be taken, if a majority of the Directors or their
designees are present.
5.8 The Board may apply for and receive grants, and enter into contracts, including
agreements for the purchase and rental of real property, incur expenses and make
expenditures necessary and incidental to the effectuation of its purposes and consistent
with its powers.
5.9 The Board may recommend changes in this Agreement to its members.
5.10 The Board may receive real or personal property by grant, devise, or bequest for the use
of the Task Force.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein, all Task Force members shall assign at least one
peace officer licensed pursuant to Minnesota Statutes, § 626.84, subd.1, to the Task
Force.
6.2 A typical assignment to the Task Force should be for a minimum period of one year.
However, assignments shall be at the pleasure of both the Task Force Board and the
officer’s employing agency and may be terminated at any time.
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 5
6.3 The Task Force Commander will direct investigative activities based on intelligence
provided by the Task Force members with priority given to case investigations that
directly impact the members’ communities.
6.4 While assigned to the Task Force, all personnel shall be under the direct supervision and
control of the Task Force Commander or his or her designee. The Task Force
Commander’s duties shall include, but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing goals, priorities, and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations, if requested; and,
(f) Allocating overtime work, if necessary.
6.5 The Task Force Commander may cooperate with other federal, state, and local law
enforcement agencies to accomplish the purpose for which the Task Force is organized.
6.6 The Governmental Unit serving as the Fiscal Agent shall cause to be made an annual
audit of the books and accounts of the Task Force and shall make and file a report to its
members which includes the following information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
6.7 The Task Force’s books, reports, and records shall be open to inspection by its members
at all reasonable times.
6.8 The Task Force members may not incur obligations or approve contracts that extend
beyond the term of this Agreement or which will require the expenditure of funds in
excess of funds available.
6.9 Nothing herein is intended or should be construed in any manner as creating or
establishing the relationship of co-partners between the parties hereto or as constituting
one of the members as the agent, representative or employee of another member for any
purpose or in any manner whatsoever. Personnel assigned to the Task Force by one of
the members shall not be considered temporary or permanent employees of any other
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 6
member for any purpose whatsoever or be entitled to tenure rights or any rights or
benefits by way of workers compensation, re-employment insurance, medical and
hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit
of another member.
6.10 The members acknowledge that it is their sole responsibility to provide all salary
compensation and fringe benefits to their employees. Benefits may include, but are not
limited to: health care, disability insurance, life insurance, re-employment insurance,
FICA, Medicare, and PERA.
7. Insurance and Indemnification.
7.1 The Task Force will maintain liability coverage with the League of Minnesota Cities
Insurance Trust with a limit of at least $2,000,000 per occurrence, under standard LMCIT
liability coverage forms.
Alternatively, the Task Force may maintain equivalent private liability insurance
coverage. Such coverage may be provided through separate policies for commercial
general liability and law enforcement liability. Such private liability insurance policies
must comply with the following requirements:
• Each policy shall have a limit of at least $2 million per occurrence. If the policy
contains a general aggregate limit, the general aggregate limit shall not be less than
$2,000,000.
• The CGL insurance shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and contractually-assumed liability.
• Each member, and each member’s officers, employees, and volunteers, shall be
named as additional covered parties on each policy for all claims arising from Task
Force activities or operations.
7.2 The Task Force may in its discretion procure coverage for auto liability and damage to or
loss of property. If the Task Force at any time hires employees, it will immediately
acquire and maintain workers’ compensation coverage.
7.3 The Task Force agrees to defend and indemnify its members for any liability claims
arising from Task Force activities or operations, and decisions of the Task Force Board.
Nothing in this agreement shall constitute a waiver of the statutory limits on liability set
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 7
forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or
defenses, and the limits of liability under Minnesota Statutes Chapter 466 for some or all
of the parties may not be added together to determine the maximum amount of liability
for any party.
7.4 Nothing herein shall be construed to provide insurance coverage or indemnification to an
officer, employee, or volunteer of any member for any act or omission for which the
officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty,
or bad faith.
7.5 Any excess or uninsured liability shall be borne equally by all the members, but this does
not include the liability of any individual officer, employee, or volunteer which arises
from his or her own malfeasance, willful neglect of duty, or bad faith.
7.6 Each member shall be responsible for injuries to or death of its own personnel. Each
member will maintain workers’ compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or are otherwise
participating in or assisting with Task Force operations or activities. Each member
waives the right to, and agrees that it will not, bring any claim or suit against the Task
Force or any other member for any workers’ compensation benefits paid to its own
employee or dependents, that arise out of participation in or assistance with Task Force
operations or activities, even if the injuries were caused wholly or partially by the
negligence of any other member or its officers, employees, or volunteers.
7.7 Each member shall be responsible for damages to or loss of its own equipment. Each
member waives the right to, and agrees that it will not, bring any claim or suit against the
Task Force or any other member for damages to or loss of its equipment arising out of
participation in or assistance with Task Force operations or activities, even if the damages
or losses were caused wholly or partially by the negligence of any other members or its
officers, employees, or volunteers.
7.8 All insurance policies and certificates required under this agreement shall be open to
inspection by any member and copies of the policies or certificates shall be submitted to a
member upon written request.
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 8
8. Finances.
8.1 Task Force operations will be financed from grant funds, drug forfeitures, and any funds
voluntarily contributed by any member. Members will provide officers to be assigned to
the Task Force but will not otherwise be required to provide funds without the prior
amendment of this Agreement.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
generally accepted accounting principles. In conjunction therewith, the Fiscal Agent
shall maintain current and accurate records of all obligations and expenditures of Task
Force funds in accordance with generally accepted accounting principles. It shall also
produce quarterly financial and statistical reports which shall be disseminated to all
Directors and the Task Force Commander. The Task Force shall maintain all such
reports and related records for a period of six (6) years after dissolution of the Task
Force.
8.3 The Board shall approve an annual operating budget for the Task Force. The Board may
amend the budget as necessary.
8.4 The Task Force’s funds may be expended by the Board in accordance with this
Agreement in a manner determined by the Board. In no event shall there be an
expenditure of Task Force funds except in accordance with the approved budget.
8.5 The Board may in its discretion make partial reimbursements to members for wages the
members have actually paid to their personnel for service to the Task Force. In making
such reimbursement, the Board shall determine a gross amount to be paid, and the
reimbursement shall be distributed in proportion to the full-time staffing contributions of
each member to the Task Force during the 12 months immediately preceding the Board’s
decision to make reimbursements, determined by the full time equivalent contributions of
each member for each of the 12 months immediately preceding the Board’s decision to
make reimbursements.
8.6 The Board may not incur debts.
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 9
9. Agents.
9.1 Each member shall assign licensed peace officers to serve on the Task Force as agents.
Assignments for the year 2007 are as follows:
City of Crystal 1FTE
City of Golden Valley 1FTE
City of Hopkins 1FTE
City of New Hope 1FTE
City of Pl ymouth 1FTE
City of Robbinsdale 1FTE
City of St. Louis Park 1FTE
For each subsequent year, each member will advise the Board, prior to October 1st, of the
number of employees that the member will provide in the subsequent calendar year.
9.2 All agents assigned to the Task Force shall comply with the policies and rules adopted by
the Task Force Board. In areas where the Task Force Board has not adopted a policy or
rule, then personnel assigned to the Task Force shall comply with the policies and rules
promulgated by their employing agency. The Task Force Commander, or his or her
designee, shall refer disciplinary matters or other instances of misconduct involving an
Agent to the Agent’s Chief Law Enforcement Officer for investigation, referral, or
disposition. However, nothing herein shall be construed to prevent the Task Force
Commander from reporting suspected criminal conduct directly to an outside agency for
investigation.
9.3 Agents will be responsible for drug investigation, including intelligence management,
case development, and case charging. Agents may also assist other Agents in
surveillance and undercover operations. Task Force Agents will work cooperatively with
assisting agencies. Agents acting under this Agreement in the jurisdiction of another
member are acting in the line of duty and in the course of employment and are authorized
to exercise the powers of a peace officer therein.
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 10
10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall
be returned to the Task Force. When the Task Force seizes property or funds in
cooperation with other law enforcement agencies, the Task Force Commander and Task
Force Coordinator will negotiate the distribution of the forfeited funds with those
agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a member upon approval by
the Board of Directors and execution of a copy of this Agreement by its governing body.
11.2 The Board of Directors may involuntarily terminate a member if that member has failed
to provide a minimum of one officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a city identified in paragraph 3 joins the Task Force after the
effective date of this agreement or any other governmental unit joins the Task Force
pursuant to paragraph 11.1, contributions by and reimbursement to such members shall
be equitably determined and adjusted by the Board to reflect the participation by that
member for less than one full year. The decision of the Board shall be final.
11.4 A member may, upon ninety (90) days’ written notice to all other members, withdraw
and cancel its participation in this Agreement.
12. Counterparts. This agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 11
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF CRYSTAL
The Crystal City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of Crystal
Approved as to form
and legality:
____________________ By: ________________________
Crystal City Attorney Its Mayor
And: _______________________
Its City Administrator
(signatures continued on the following page)
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 12
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of Golden Valley
Approved as to form
and legality:
_______________________ By: ________________________
Golden Valley City Attorney Its Mayor
And: _______________________
Its City Administrator
(signatures continued on the following page)
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 13
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF HOPKINS
The Hopkins City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of Hopkins
Approved as to form
and legality:
______________________ By: ________________________
Hopkins City Attorney Its Mayor
And: _______________________
Its City Administrator
(signatures continued on the following page)
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 14
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF NEW HOPE
The New Hope City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of New Hope
Approved as to form
and legality:
________________________ By: ________________________
New Hope City Attorney Its Mayor
And: _______________________
Its City Administrator
(signatures continued on the following page)
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 15
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF PLYMOUTH
The Plymouth City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of Plymouth
Approved as to form
and legality:
________________________ By: ________________________
Plymouth City Attorney Its Mayor
And: _______________________
Its City Administrator
(signatures continued on the following page)
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 16
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF ROBBINSDALE
The Robbinsdale City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of Robbinsdale
Approved as to form
and legality:
________________________ By: ________________________
Robbinsdale City Attorney Its Mayor
And: _______________________
Its City Administrator
(signatures continued on the following page)
St. Louis Park Council Meeting
Item: 082106 - 4b - Northwest Metro Drug Task Force Agreement
Page 17
NORTHWEST METRO DRUG TASK FORCE AGREEMENT
CITY OF ST. LOUIS PARK
The St. Louis Park City Council duly approved this Agreement on the ________ day of
_______________, 2006.
City of St. Louis Park
Approved as to form
and legality:
________________________ By: ________________________
St. Louis Park City Attorney Its Mayor
And: _______________________
Its City Administrator
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 1
4c. Motion to approve two resolutions 1) concurring in the revocation of CSAH 17 and
approving Hennepin County Cooperative Agreement No. PW 27-05-06; and, 2)
designating France Ave as a Municipal State Aid Street.
BACKGROUND:
Hennepin County has proposed turning France Avenue (north of Minnetonka Boulevard) back to
the City since the early 1990’s. This section of roadway has not developed into a significant
arterial as they had expected it to. The County does not see that occurring in the future and
believes this road would fit much better under City ownership and management rather than under
theirs. They would like to negotiate this turn-back with us so they can get out of “local street”
ownership.
Their original proposal in the early 90’s was to either overlay the road or pay us $80,000 in lieu
of that. City officials did not feel that offer was realistic and declined. Several times in the
interim, the County made the same offer with the same result. The most recent proposal (2006)
by the County is they will pay us a total of $320,000 (over a 3-year period) to take this road over
plus $20,000 participation in a sidewalk should we install one within three years after we take
over the road. The road was overlaid in 2002, so it is still in relatively good condition.
The last time Council reviewed this (January 2006) staff was directed to work with Hennepin
County staff to prepare the necessary documents to approve / authorize this jurisdictional change
/ turnback. Staff recently received the necessary documents from Hennepin County to move this
initiative forward.
TURNBACK DETAILS:
Turn-backs like this are governed by and approved by the Minnesota Department of
Transportation (Mn/DOT). The only requirements in this case are for each body (City/County)
to pass the necessary resolutions agreeing to this. No public hearings are required. Upon receipt
of the proper resolutions, Mn/DOT will approve the turn-back. This turn-back will be a
designated Municipal State Aid route, will be eligible for reconstruction with State Aid
construction Funds, and will earn State Aid maintenance funds of approximately $15,000 per
year.
Because the south portion of this street is on the Minneapolis/St. Louis Park City boundary,
Minneapolis will be a joint owner and share in jurisdictional control with St. Louis Park. Joint
ownership is required by Mn/DOT and occurs where the street is on the boundary of each city –
the joint segment would be from Minnetonka Boulevard north to Cedar Lake Avenue.
The transfer is expected to happen over a three year period as follows:
1. City approves the necessary resolutions (2) and the agreement for jurisdictional transfer
2. Hennepin County approves the necessary resolution and the agreement for jurisdictional
transfer
3. Documents are submitted to the Commissioner of Mn/DOT for approval
4. Mn/DOT Commissioner writes orders revoking CSAH 17 and establishing France Ave as
an MSAS route (about January 2007)
5. Hennepin County pays City $105,000 upon receipt after Commissioner’s order is
received (about March 2007)
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 2
6. Hennepin County pays City $105,000 one year later (about March 2008)
7. Hennepin County pays City $110,000 one year later (about March 2009)
8. St. Louis Park and Minneapolis take over operational control of France Ave
Hennepin County retains operational control and maintenance responsibility for France Ave all
at their expense until they make final payment to the City.
The City Attorney and the Mn/DOT have been involved in the review of these documents.
Attachments: Resolution of Concurrence (for revocation and jurisdictional transfer)
Resolution Establishing a MSA Street (designation of the new City route)
Agreement No. PW 27.05.06 (Jurisdictional Transfer Agreement)
Prepared By: Michael P. Rardin, P.E., Public Works Director
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 3
RESOLUTION NO. 06-135
RESOLUTION OF CONCURRENCE IN THE
JURISDICTIONAL TRANSFER AND
REVOCATION OF CSAH 17
WHEREAS a portion of County State Aid Highway No. 17 (CSAH 17) lies within the
corporate limits of St. Louis Park;
WHEREAS the County of Hennepin and the City of St. Louis Park have agreed on the
jurisdictional transfer of CSAH 17 between CSAH 25 (Lake Street) and TH-12/I-394, subject to
the provisions of Agreement No. PW 27-05-06;
WHEREAS the County is requesting the revocation of the County State Aid Highway 17
designation as follows:
Beginning at the intersection of CSAH 17 (France Avenue South) and CSAH 25 (West
Lake Street), thence northerly along the existing alignment of CSAH 17 (France Avenue) a
distance of 0.93 miles to the intersection of France Avenue and the west line of Section 32,
Township 29 North, Range 24 West, the west limits of the City of Minneapolis, thence northerly
on a nonexistent alignment along the west lines Sections 32 and 29, Township 29 North, Range
24 West a distance of 0.57 miles to the intersection with TH-12/I-394, and there terminating,.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park that, with the revocation by the County of the above-described County State Aid Highway,
said revocation is in all things approved,
BE IT FURTHER RESOLVED that Agreement No. PW 27-05-06 with Hennepin
County setting conditions for the jurisdictional transfer of a portion of CSAH 17 to the City of
St. Louis Park be approved and that the payment as stipulated in said agreement be considered
payment in full.
Reviewed for Administration: Adopted by the City Council August 21, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 4
RESOLUTION NO. 06-136
RESOLUTION ESTABLISHING FRANCE AVE
AS A MUNICIPAL STATE AID STREET
WHEREAS, it appears to the City Council of the City of St. Louis Park that the street
hereinafter described should be designated a Municipal State Aid Street under the provisions of
Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis
Park that the road described as follows, to-wit:
France Avenue South, beginning at the intersection of CSAH 25 (West Lake Street),
thence northerly along the existing alignment of France Avenue a distance of
approximately 0.93 miles to the intersection of France Avenue with the west line of
Section 32, Township 29 North, Range 24 West, the west limits of the City of
Minneapolis, and there terminating,
Be, and hereby is established, located, and designated a Municipal State Aid Street of
said City, subject to the approval of the Commissioner of Transportation of the State of
Minnesota.
BE lT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Transportation for his
consideration, and that upon his approval of the designation of said road or portion thereof, that
same be constructed, improved and maintained as a Municipal State Aid Street of the City of St.
Louis Park to be numbered as Municipal State Aid Street as determined by the Minnesota
Department of Transportation.
Reviewed for Administration: Adopted by the City Council August 21, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 5
Agreement No. PW 27-05-06
County State Aid Highway No. 17
C.P.0625
City of St. Louis Park
County of Hennepin
AGREEMENT FOR JURISDICTIONAL TRANSFER
THIS AGREEMENT. Made and entered into this ________ day of August, 2006, by and
between the County of Hennepin, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "County", and the City of St. Louis Park, a body politic
and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the County and the City have been negotiating to bring about the transfer of
jurisdiction of County State Aid Highway (CSAH) 17 (France Avenue) between CSAH 25 (West
Lake Street) and the north City limits from the County to the City; and
WHEREAS, the City has expressed its intent to accept jurisdiction of CSAH 17 between
the referenced limits as shown in Exhibit "A", which is attached hereto and by this reference
made apart hereof: and
WHEREAS, CSAH 17 lies within the corporate limits of the City of St. Louis Park; and
WHEREAS, dependent upon the condition of the roadway, the County normally overlays
the roadway or provides a cash equivalent for same to a City in conjunction with a jurisdictional
transfer of a County roadway to a City; and
WHEREAS, the City has expressed its intent to construct a sidewalk along CSAH 17
between CSAH 25 and West 22nd Street after the jurisdictional transfer is completed; and
WHEREAS, the smooth and orderly implementation of said roadway transfer is in the
best interests of the public; the City, and the County; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under
the provisions of Minnesota Statutes 2005, Section 162.17, Subdivision I and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 6
Agreement No. PW 27-05-06
CSAH 17; C.P.0625
I
That the County may revoke the designation of CSAH 17 as a County State Aid Highway
between the referenced limits within the City as shown in Exhibit "A", and the City will accept
jurisdiction of that portion within its limits under provisions of Minnesota Statutes, Section
162.02 (2004).
The City agrees to accept such conveyance subject to existing encumbrances such as permits
and easements.
II
Upon approval of this Agreement, the County will request that the Commissioner of the
Minnesota Department of Transportation remove CSAH l7 between the referenced limits from
the County State Aid Highway System. The City, by this Agreement, concurs in this change of
designation and jurisdiction.
III
The jurisdictional transfer of the roadway shall occur and become effective and all County
interest related therewith shall cease upon issuance of the Commissioner Order by the
Commissioner of the Minnesota Department of Transportation as set forth in Section II. Upon
issuance of said order the County shall remove all County route markers from the subject
segment of CSAH 17 and all directional signage related thereto.
IV
It is understood and agreed by the parties hereto that the County shall pay to the City Three
Hundred Twenty Thousand Dollars and No Cents ($320,000.00) over a three year period as full
payment of an overlay cash equivalent for that segment of roadway transferred to the City from
the County. Upon execution of this Agreement by the parties and upon issuance of the
Commissioner Order by the Commissioner of the Minnesota Department of Transportation, the
City shall invoice the County for S105,000.00. Thereafter, City shall invoice the County for
$105,000.00 and $110,000.00 respectively on the annual anniversaries of said issuance of the
Commissioner's Order. Payments shall be made to the City by the County for the full amount
due stated on the invoices within forty five (45) days of the invoice date.
It is further understood and agreed that the County shall pay the City Twenty Thousand Dollars
and No Cents ($20,000.00) as its participation in the construction of a sidewalk by the City along
CSAH 17 between CSAH 25 and West 22nd Street. Upon completion of construction of the
sidewalk by the City, the City shall invoice the County for the referenced $20,000.00 and the
County shall pay the City for the full amount due stated on the invoice within forty five (45) days
of the invoice date. It is understood by the parties that the County will not pay the City the
referenced $20,000.00 if the City does not construct a sidewalk along CSAH 17 between CSAH
25 and West 22nd Street within three years of issuance of the Commissioner's Order.
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 7
Agreement No. PW 27-05-06
CSAH 17; C.P.0625
V
Although the City shall assume jurisdictional control of the roadway within the referenced limits,
it is understood by the parties that the County will maintain operational control and shall be
responsible in all ways for the maintenance of the CSAH 17 segment between CSAH 25 and
22nd Street West on behalf of the City (including snow and ice control) until final payment of the
$320,000.00 is paid the City by the County as set forth in Section IV. It is further understood that
the transfer of the operational control of the roadway from the County to the City shall occur no
later than October l, 2009.
VI
The County shall provide the City with the following information and records, to the extent that
they are available for the route to be transferred.
1. As-built construction plans and microfilm records.
2. lnventory data.
3. History of most recent betterments.
VII
Each party to this Agreement shall not be responsible or liable to the other or to any other
person whosoever for any claims, damages, demands, judgments, fines, penalties, expenses,
actions, or causes of actions of any kind or character arising out of or by reason of the negligent
performance of any work or part hereof by the other in connection with the roadway
jurisdictional transfer provided for; and each party further agrees to defend at its sole cost and
expense any action or proceeding commenced for the purpose of asserting any claim of
whatsoever character arising in connection with or by virtue of past and future work performed
by it on the transferred roadway.
VIII
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or a designated
representative shall manage this Agreement on behalf of the County and serve as liaison
between the County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City's Director of Public Works or a designated
representative shall manage this Agreement on behalf of the City and serve as liaison between
the City and the County.
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 8
Agreement No. PW 27-05-06
CSAH 17; C.P.0625
IX
It is understood and agreed that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof. All items referred to in this Agreement are incorporated or
attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by
the parties hereto.
X
The provisions of Minnesota Statutes 2005, Section 181.59 and of any applicable local
ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of
Hennepin County shall be considered apart of this Agreement as though fully set forth herein.
(this space left intentionally blank)
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 9
Agreement No. PW 27-05-06
CSAH 17; C.P.0625
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
CITY OF ST. LOUIS PARK
(Seal) By: _____________________________
Mayor
Date: ___________________________
And: ____________________________
Administrator
Date: ___________________________
COUNTY OF HENNEPIN
ATTEST:
By: ___________________________ By: ____________________________
Deputy/Clerk of the County Board Chair of its County Board
Date: _________________________ Date: ___________________________
And: ____________________________
Assistant /Deputy/ County Administrator
Date: ___________________________
APPROVED AS TO FORM:
By: __________________________ AND: ___________________________
Assistant County Attorney Assistant County Administrator, Public Works
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL:
By: __________________________ By: _____________________________
Assistant County Attorney Director, Transportation Department and County
Engineer
Date: _________________________ Date: ___________________________
St. Louis Park Council Meeting
Item: 082106 - 4c - France Avenue Turnback
Page 10
Hennepin County Agreement No. PW 27-05-06
Exhibit "A"; Sheet I of I
St. Louis Park Council Meeting
Item: 082106 - 4d - Housing Authority Board Minutes Of July 12, 2006
Page 1
1
MINUTES
Housing Authority
St. Louis Park City Hall, Westwood Room
St. Louis Park, Minnesota
Wednesday, July 12, 2006
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Andria Daniel, Steve
Fillbrandt, Anne Mavity, Judith Moore
STAFF PRESENT: Shannon Bodnar, Jane Klesk, Kevin Locke, Michele Schnitker
1. Call to Order
The meeting was called to order at 5:01 p.m.
2. Approval of Minutes for May, 2006
The May 10, 2006 minutes were unanimously approved with the following amendment to
paragraphs 6.b, 6.c, 6.d, 7.a and 9: The motion passed 5-0.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Election of Officers
After discussion, Commissioner Moore moved to approve an amended slate of
officers as follows: Chair Catherine Courtney
Vice Chair Steve Fillbrandt
Secretary Anne Mavity
Commissioner Fillbrandt seconded the motion, and the motion passed 5-0.
b. Recognition of Service – Andria Daniel
Commissioner Fillbrandt moved to approve Resolution No. 550, Recognizing
Contributions and Expressing Appreciation to Andria Daniel, and Commissioner
Moore seconded the motion. The motion passed 5-0. Commissioner Daniel was
presented with a plaque containing the resolution expressing appreciation.
St. Louis Park Council Meeting
Item: 082106 - 4d - Housing Authority Board Minutes Of July 12, 2006
Page 2
2
c. Approval of Limited English Plan
Ms. Schnitker explained that HUD requires that the HA adopt a Limited English
Plan. The plan will be incorporated into the Section 8 Administrative Plan and the
Public Housing Leasing and Occupancy Plan. Commissioner Fillbrandt moved to
approve Resolution No. 551, Approving the Limited English Proficiency (LEP)
Plan, and Commissioner Mavity seconded the motion. The motion passed 5-0.
d. Revenue Recapture Update
Ms. Klesk reported that the HA submitted 5 delinquent accounts to the Revenue
Recapture Program in FYE 3/31/06, and that $2,050.21 was collected during the
year.
e. Review of FYE 2007 Action Plan
Ms. Schnitker reviewed the FYE 2007 Action Plan. After discussion, a different
format was requested for the Action Plan: designation of Action Items that have
been completed, have not been completed, and the reason why they have not been
completed.
7. Communications from Executive Director
a. Claims List June and July – 2006
Commissioner Fillbrandt moved for ratification of Claims List No. 6/7-2006, and
Commissioner Moore seconded the motion. The motion passed 5-0.
b. Communications
1. Monthly Report for June and July, 2006
2. Scattered Site Houses and Hamilton House (verbal report)
3. Draft Financial Statements – Report
8. Other
9. Adjournment
Commissioner Moore moved to adjourn the meeting, and Commissioner Daniel seconded
the motion. The motion passed 5-0. The meeting adjourned at 6:15 p.m.
Respectfully submitted,
Anne Mavity, Secretary
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 1
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF MAY 4, 2006
ST. LOUIS PARK COUNCIL CHAMBERS
MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Ken Huiras, Bob
Jacobson and Rolf Peterson
MEMBERS ABSENT: Mary Jean Overend
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community
TV Coordinator
OTHERS PRESENT: Tom Marble, Director of Information Services for the School District
1. Call to Order
Chair Dworsky called the meeting to order at 7:00 PM.
2. Roll Call
Present at roll call were Commissioners Browning, Dworsky, Hartman, Huiras, Jacobson
and Peterson.
3. Approval of Minutes for February 9, 2006
It was moved by Commissioner Browning, seconded by Commissioner Huiras, to approve
the minutes of February 9, 2006, as presented.
The motion passed 5-0-1, Commissioner Peterson abstained.
4. Adoption of Agenda
Commissioner Huiras requested to add: 7e. Franchise transfer update and 7f. Vision
Survey and the effect on cable.
It was moved by Commissioner Huiras, seconded by Commissioner Peterson, to approve
the agenda as amended.
The motion passed 6-0.
5. Public Comment - None
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 2
6. New Business
A. School District funding for 2006 and B. School District quarterly report
Tom Marble, Director of Information Services for the School District, reported on the
School District 2006 funding. They will be focusing on alternatives for video delivery
and replacing the Institutional Network (I-Net), which is currently provided through Time
Warner Cable infrastructure. They are looking at many vendors and considering a digital
IP, which would be less costly. Because the Pavek Museum is not going to build a
studio, the School District is considering community access possibilities at the senior
high studio. With the equipment grant received in 2005, they planned to complete the
high school studio and replace cameras. They need to work through the logistics of
staffing, hours for community access and associated costs. They were also considering
video streaming of School Board meetings. He displayed a spreadsheet showing how
previous funding had been used.
Commissioner Browning asked if they had high definition capability? Mr. Marble
replied through the editing process they did, but not through cablecasting.
Commissioner Jacobson asked how much they were doing on DVD? Mr. Marble replied
the majority of the playback was on DVD, some was directly off the hard drive.
Mr. McHugh stated when they do their proposal for the school network, they should be
sure to include funding to recoup the expense for getting NASA reception. Mr. Marble
was aware of that.
Commissioner Huiras made a motion, Commissioner Browning seconded to continue the
$35,000 grant for the School District. The motion passed 6-0.
C. Review: School District using interns for extra experience and to produce
programming
Mr. Dunlap indicated this was an item on the Commissions work plan.
Mr. Marble reported there had been elimination of the media production program in the
high school because of budget reductions. They were seeing more programming from
other schools in the district.
Commissioner Jacobson asked if a learning activity packet could be developed for
students to learn on their own? Mr. Marble replied there was opportunity for an
independent study course if a student were interested.
Commissioner Huiras suggested the studio fee go for the production program and also
suggested considering an increase in the school operations grant.
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 3
Mr. Marble noted it was a challenge to replace the teachers for the media program.
Commissioner Huiras requested the funding issue be discussed at a future meeting.
There will be local origination funds and an increase in franchise fees. Other
commissioners agreed and felt it was a benefit to the school and the community.
Chair Dworsky asked when they could get more information about reinstating the media
program? Mr. Marble replied he could come to the next meeting with more information.
D. Using High School studio for Community TV productions
Chair Dworsky asked about the hours, training, staffing and funding? Mr. McHugh
reported on the change of studio plans and the request for interim use of the high school
studio and renewal of the proposal they made a year ago for funding to compensate for
studio use. They anticipated no more than 12 hours per month and would pay in advance
or six months at a time to cover District expenses.
Commissioner Jacobson asked if studio usage could be staggered with some times in the
afternoon and some in the evening? Mr. McHugh replied they needed to work with the
district, but generally the studio was available from 4 PM – 9 PM. Mr. Marble noted any
use of facilities after 4 PM was permitted through the community education department,
with their requirements. Mr. McHugh added there was very little studio use on the
weekends. A studio is appropriate for some things, but requires a number of people for
use.
Chair Dworsky asked how an interested person would find out about studio access
procedures, times, staffing, etc? Mr. McHugh replied the City has a cable television topic
on the web site where people interested in utilizing the studio can find more information.
They can promote the studio with community announcements, once it has been upgraded.
Commissioner Jacobson expressed a concern about public access. Mr. Marble felt they
needed to move into it gradually and work out how access to the facility might be able to
be opened up and more flexible. There would be a concern about security of a school
building. Commissioner Peterson indicated people schedule things through community
education all the time. Once they get a product or space, they can determine procedures.
Commissioner Huiras suggested a class be scheduled through community education. Mr.
Marble replied if the facility is available and not being used by students, they can
determine what can be accommodated.
7. Old Business
A. Fiber Optic ordinance background from developers
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 4
Mr. Dunlap reported on a memo provided and discussed the background. Issues to
consider include whether the City should have an ordinance requiring fiber in new
construction when a wireless option was being tested by the City that may be approved
city-wide; and whether it is a realistic possibility that a provider will ever offer services
via fiber to each household. Verizon offers this service in some states, fiber to the home
(FTTH), but doesn’t operate in Minnesota. Qwest has limited video services in some
areas, but hasn’t revealed any plans for Minnesota.
Another issue is if a FTTH ordinance in new construction would chill developer’s interest
in St. Louis Park. Two developers he asked believed it would complicate things and
were concerned about costs. There was also a concern about changing technologies, with
such an interest in wireless, why encourage fiber? One developer installed conduit in
their building for future runs of fiber, but nobody has requested using it. Providing
empty conduit may be a good idea for commercial or multiple dwelling units so fiber
could be run later. A network manager said it was not only about the speed, it was about
the convenience and the current trend was having wireless access for convenience.
Commissioner Jacobson indicated he read in Computer Retailing News a concern from
businesses about losing sales due to the City’s Wi-Fi plans. Commissioner Browning
believed that merited a closer look, but even with Wi-Fi, competition and access from
multiple companies was good.
Chair Dworsky stated there were instances when fiber would work and wireless would
not, they both deliver access, but in different ways.
Commissioner Browning referenced the information from the City of Burnsville and was
surprised they indicate that the majority of residents connect to the Internet using dial up
modem. He read that wasn’t the case and the penetration for broadband had become more
substantial over the past year.
Commissioners agreed further research and information was needed.
Commissioner Hartman also felt conduit would be a good idea.
Jim Erickson, Fiber First, discussed the use of the fiber optics and felt it was appropriate
for government agencies to encourage or require fiber. He noted some wiring goes to
every room with a triple faceplate, so voice, video and data are accessible. It is a greater
convenience and in Loma Linda, California, raised the value of new homes by thousands
of dollars. More information on community fiber optics is available at
http://fiberfirstmn.org & http://baller.com. A free daily broadband news headlines email
can be requested in an email sent to info@baller.com.
Chair Dworsky asked the feasibility of the phone company installing fiber to the home
versus twisted pair? Mr. Erickson replied that was the issue before them. In many cases
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 5
the phone or cable company use fiber as their backbone, but it is the “last mile” that was
the issue and who would own the pipe.
Commissioner Browning made a motion, Commissioner Huiras seconded to identify
additional areas of staff research and directed staff to prepare a report for discussion at
the next Commission meeting August 3, 2006, which will be after the Council has decided
whether or not to go city-wide with the wireless project. The motion passed.
B. St. Louis Park Wi-Fi pilot project update
Mr. McHugh indicated a postcard would be sent to remaining phase I subscribers that
indicated interest, but had not gotten equipment, and discussed the phases of the pilot.
Phase I is nearly complete and there are 165 active users. They had received good
feedback. Equipment pick up dates are good days for Commissioners to view the
equipment at City Hall. City Council may decide in July if they will go citywide with
wireless. A small amount of people in the pilot had difficulty with their equipment, but
there was a low failure rate for the bridges. He discussed the three levels of service
(speed and cost) and what was offered with each.
C. Studio at Pavek update
Mr. McHugh indicated the Board of Directors declined to have the studio at Pavek
because of the remodeling expense. They will partner in the interim with the school
district, which had space and availability similar to what was currently available at the
Time Warner studio. They were pursuing other options and he requested any ideas be
shared with him.
Commissioner Browning asked if the community centers or Lenox would be able to
accommodate a studio. Mr. McHugh said there were a couple of possibilities, including
the little theater at Lenox. They needed to do more research.
Commissioner Huiras asked if funds were allocated as part of the franchise agreement?
Mr. McHugh replied at the end of June and noted it would be used for equipping a studio.
The owners of the Pavek building would have been responsible for most of the cost to
remodel their existing space.
D. Local Origination programming transition update
Mr. McHugh indicated Time Warner would continue local origination (LO) until the end
of the year. City staff was being trained on the LO van equipment and working on the
transition. Mr. McHugh has been researching options for a new van and working with
Human Resources staff to determine approved job descriptions and staffing requirements.
Commissioner Jacobson suggested advertising for available space to put the studio. Mr.
McHugh stated the City soliciting for space might not be advisable.
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 6
Commissioner Browning suggested utilizing the basement of Knollwood Mall.
E. Franchise Transfer Update
Mr. Dunlap stated that Mr. Mattern said the transfer should happen before the end of July.
A representative from Comcast will be invited to the next meeting.
Commissioner Huiras asked if they had gotten further information regarding the change
over? Mr. Dunlap said no, but staff would provide information when they received it.
F. Visioning Survey
Mr. Dunlap stated a communication company had been hired to study the City’s
communication plan (i.e. Park Perspective, the web site, etc.). The survey mentioned
cable television was not a primary tool for information but was listed as a valuable
secondary source that was underused.
The Commission discussed use of cable and the website. Mr. Dunlap suggested a crawl
could be done at the bottom of the screen on the cable channels for publicity.
8. Reports
A. Complaints
Commissioner Browning inquired about the complaint regarding someone’s ailing
parents and the suggestion of a form to verify that the customer understood what they
were ordering? Mr. Dunlap said that he hadn’t heard from the person who offered to
send a sample of such a form.
Commissioner Browning believed that would be worthwhile to have.
Chair Dworsky noted he could provide a financial industry form to staff as an example.
9. Communication from the Chair
Chair Dworsky thanked staff for the information for their discussion.
10. Communications from City Staff
Mr. McHugh handed out a list of the original programs produced by community
television. They had gotten the latest upgrade for the automatic playback system, which
included a reporting capability.
St. Louis Park Council Meeting
Item: 082106 - 4e - Telecommunications Minutes Of May 4, 2006
Page 7
Commissioner Huiras asked if meetings were available on demand? Mr. Dunlap said
yes, there would be a web version and a Time Warner version.
Mr. Dunlap indicated there were no Time Warner cable reports in the packet because
with the new franchise agreement, they didn’t believe they needed to make the monthly
reports. Staff would work on a solution that was less burdensome to Time Warner, but
provides information to the Commission. Also, the Mayor sent a letter to Representative
Martin Sabo asking him not support the Joseph Barton COPE Bill, a federal law that
would allow telephone providers to provide television service without a franchise like
Time Warner. The City was against it and wanted them to have a franchise.
11. Adjournment
Commissioner Huiras made a motion, Commission Jacobson seconded to adjourn at 9:06.
The motion passed.
Respectfully submitted by:
Amy L. Stegora-Peterson
Recording Secretary
St. Louis Park Council Meeting
Item: 082106 - 4f - Planning Commission Minutes Of July 19, 2006
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
July 19, 2006 -- 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard
Person, Carl Robertson, and Jerry Timian
MEMBERS ABSENT: Robert Kramer
STAFF PRESENT: Meg McMonigal, Sean Walther, and Nancy Sells
1. Call to order - Roll Call
2. Approval of Minutes of June 21, 2006
Commissioner Robertson moved approval of the minutes of June 21, 2006.
Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of
6-0.
3. Hearings:
A. 3125 Inglewood Avenue Condominiums—Conditional Use Permit and Variances
Location: 3125 Inglewood Avenue South
Applicant: Andrew Brenner
Case Nos.: 06-44-CUP and 06-45-VAR
Senior Planner Sean Walther presented the staff report.
Commission Robertson asked if the lobby is open to the underground garage. Andrew
Brenner, applicant, replied that it is not. Commissioner Robertson asked about the roof.
Mr. Brenner said the roof will be flat with a skylight. He said the air conditioning
condenser units will be on the roof.
There was a discussion about accessibility. Commissioner Morris asked if a building that
is only handicapped accessible by vehicle is permitted. Commissioner Robertson said it
is permissible if the units are owner occupied. He added that the units are not accessible
units, however. (Note: Commissioner Robertson requested that the minutes be modified
to indicate that he misspoke regarding accessibility. Commissioner Robertson has
stated that the common areas of the building do need to be accessible and the lower units
need to be adaptable.)
Chair Carper asked if additional storage will be provided for condominium owners on the
lower level. He asked where bikes will be parked. Mr. Brenner said space will be
provided for bike storage.
St. Louis Park Council Meeting
Item: 082106 - 4f - Planning Commission Minutes Of July 19, 2006
Page 2
Chair Carper asked about the entry and driveway. He commented that the sidewalk is
undifferentiated. He asked about guest parking.
Commissioner Timian asked about drainage. Mr. Brenner said the drain field would be
mechanically pumped.
Chair Carper opened the public hearing. With no one present wishing to speak, Chair
Carper closed the public hearing.
Commissioner Robertson said in the past he has been reticent to rezone and reguide to
add more condominiums; and he is cautious to approve a variance if the building could
be built without the variance. He said he sees many problems with this plan, i.e., it
doesn’t meet code in many ways as far as exiting. He said he doesn’t know what the
revised drawing would look like in order to bring it up to code. Commissioner Robertson
continued by saying major issues are involved and he disagrees with staff on the variance
findings. He said he has no problems with the concept of a CUP for condominiums on
the site but he has problems with the drawings provided. He commented that revisions
have already been shown in the staff presentation which the Commission hasn’t been able
to review. He said he would prefer to postpone a vote or table it until the issues are taken
care of.
Commissioner Johnston-Madison said she agrees with Commissioner Robertson.
Commissioner Morris asked if a new setback for the footprint of the building would
change by granting the variance.
Mr. Walther said minor changes could be done administratively if those changes do not
increase the variance being requested.
Mr. Brenner said the codes followed on this plans were acceptable. Mr. Brenner said all
concerns can be addressed and the plan is workable.
Commissioner Robertson said the plans do not meet exit requirements. He said the
rooftop structure is questionable as it includes a hatch without a parapet around the
perimeter of the roof. He said it doesn’t feel like a worked out set of plans.
Commissioner Morris said he thinks that the staff report is accurate. The plans, although
minimal or marginal, do meet the code requirements. He said the setback variance is
reasonable. Commissioner Morris stated that he is not enthusiastic with the development
plan but it does meet the City’s requirements with the exception of the variances for
sidewalk.
Commissioner Morris moved to recommend approval of the Conditional Use Permit,
subject to conditions as recommended by staff and moved to recommend approval of side
and rear setback variances. Commissioner Person seconded the motion.
The motion was tied on a vote of 3-3. Commissioners Johnston-Madison, Robertson and
Timian opposed.
St. Louis Park Council Meeting
Item: 082106 - 4f - Planning Commission Minutes Of July 19, 2006
Page 3
Commissioner Robertson said a building inspector should review the plans to give the
City Council a little more guidance. Ms. McMonigal said a meeting will be set up to
review the plans with a building inspector and to review the issues raised by the
Commission.
Mr. Brenner said he came to the meeting with the requirements that were needed. He
stated that the building code process is another stage which will be completed.
4. Other Business
A. Vision Action Team Representation
Commissioners will participate on the following Vision Action Teams:
Commissioner Johnston-Madison on Gathering Places; Commissioner Robertson
on Housing; Commissioner Person on Environment; and Chair Carper on Arts
and Culture.
B. Set Study Session for August 2, 2006
Ms. McMonigal said a study session is scheduled for August 2nd to continue
work on Zoning Code updates.
5. Recent City Council Action
6. Adjournment
The meeting was adjourned at 6:55 p.m.
Minutes prepared by, Respectfully submitted,
Linda Samson Nancy Sells
Recording Secretary Administrative Secretary
St. Louis Park Council Meeting
Item: 082106 - 4g - BOZA Minutes Of June 22, 2006
Page 1
MINUTES OF JUNE 22, 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, June 22, 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
Commissioner Paul Roberts (7:04 p.m.)
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 7:02 p.m.
2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES
Motion by Vice Chair Gainsley, seconded by Commissioner Bloyer to approve the following
minutes as presented:
1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated June
22, 2006.
Motion Carried. Voting Yes: Burt, Gainsley, Bloyer, Roberts, and Solmer. Voting No: None.
3. CONSENT AGENDA
None
4. PUBLIC HEARINGS/COMMITTEE BUSINESS
A. Case No. 06-42-VAR – The request by Thomas and Andrea Snook from the
requirements of Sections 36-164(f)(10) to allow a garage and living space addition to the
house with a 1.5 foot setback for the eave instead of the required 3.5 foot setback and a 2.0
foot setback for the garage instead of the required 4 foot setback for property located at
3725 Huntington Avenue South.
St. Louis Park Council Meeting
Item: 082106 - 4g - BOZA Minutes Of June 22, 2006
Page 2
Staff believes two of the criteria have been satisfied for a two foot variance resulting in a 12.5
foot wide garage, staff recommends adoption of the attached Resolution No. 12-06 denying a two
foot variance to the required 4 foot side yard for the garage, and denying a two foot variance to
the required 3.5 foot side yard for the eaves.
And;
Staff believes all of the criteria have been satisfied for a one foot variance resulting in an 11.5
foot wide garage, staff recommends adoption of the attached Resolution No. 12-06 approving a
one foot variance to the required 4 foot side yard for the garage, and approving a one foot
variance to the required 3.5 foot side yard for the eave with the condition that the addition be
constructed in accordance to the attached site plan and elevation exhibits.
Vice Chair Gainsley asked staff how many feet the existing garage is away from the neighboring
home.
Mr. Morrison replied that there is 10 feet.
With no questions, Chair Burt opened the public hearing.
Thomas Snook, applicant of 3725 Huntington Avenue, stated that he has resubmitted a property
survey and has 2 letters (labeled Exhibit A and Exhibit B) of support from adjacent property
owners in favor of the garage addition.
William Feller, 3715 Huntington Avenue South, stated he has reviewed Mr. Snook’s proposed
building elevations and he is in favor of the proposed garage addition.
Mr. Snook stated that if he is allowed to construct this addition it will add value to his home and
to the neighboring properties.
Chair Burt asked Mr. Snook if he would be willing to accept staff’s recommended one foot
variance which would result in a 11.5 foot wide garage instead of the requested two foot
variance?
Mr. Snook stated he would prefer a two foot variance but would accept a one foot variance.
David Harrison of Harrison Construction Services, Inc., applicant’s contractor, stated that
building a tandem garage under 12 feet will make it difficult for the Snook’s to move around in
the garage with the vehicles parked in the garage.
Vice Chair Gainsley asked staff if there are any utility poles or easements on the applicant’s
property.
Mr. Morrison stated there are none.
With no questions, Chair Burt closed the public hearing.
St. Louis Park Council Meeting
Item: 082106 - 4g - BOZA Minutes Of June 22, 2006
Page 3
Vice Chair Gainsley is not in favor of neighborhood crowding.
Commissioner Solmer stated he understands the applicants do need space within the garage but
feels that approving a 1 foot variance will allow plenty of space for the applicants.
Commissioner Roberts stated he is in favor of move up housing but feels that allowing a 1 foot
variance will provide adequate room for a garage.
Chair Burt feels that a 2 foot variance is too close to the neighboring property but is whiling to
approve a 1.5 foot variance which would continue move-up housing goals and feels that a double
garage is a allowable use.
Vice Chair Gainsley feels the lot is 3 feet narrow and would be in favor of granting a 1.5 foot
variance.
Motion by Vice Chair Gainsley, seconded by Commissioner Bloyer, to adopt Resolution #12-06,
approving a variance to allow a 1.5 foot variance to the side yard for the wall and a 1.5 foot
variance to the side yard for the eave variance with the condition that the addition be constructed
in accordance to the attached site plan and elevation exhibits for property located at 3725
Huntington Avenue South.
Motion Approved. Voting Yes: Burt, Bloyer, Gainsley, and Solmer. Voting No:
Roberts.
B. Case No. 06-46-VAR – The request by Dentley Haugesag from the requirements of
Section 36-361(b)(3) of the zoning Ordinance to allow him to have a gravel driveway
instead of a paved driveway which is required by City Code when applying for a building
permit to construct a garage or addition to the home at 4118 Cedar Lake Road.
Staff believes all seven criteria have been satisfied, and therefore, recommends adoption of the
attached Resolution #13-06 approving a variance to allow the existing gravel driveway to remain
gravel with the condition that the driveway continues to be surfaced with a granite material.
Vice Chair Gainsley asked staff if the property has a drain tile.
Mr. Morrison stated there is no drain tile, but the neighbor cut a slight trench across the driveway
and installed a six inch storm pipe for taking the water away from the area.
With no questions, Chair Burt opened the public hearing.
Dentley Haugesag, applicant of 4118 Cedar Lake Road, stated he has lived in his home since
1982 and has deeded access to a shared driveway. Mr. Haugesag would like a variance to build a
garage without having to pave the existing 150 foot long driveway.
Vice Chair Gainsley asked Mr. Haugesag if he knows how often the granite chips are replaced.
St. Louis Park Council Meeting
Item: 082106 - 4g - BOZA Minutes Of June 22, 2006
Page 4
Mr. Haugesag stated that the granite chips were replaced last year.
Commissioner Solmer excused himself from the meeting.
Edward Souder, neighbor at 4200 Cedar Lake Road, stated that he would prefer that the joint
driveway that he shares with Mr. Haugesag remain as a granite chip driveway. Presently the
granite chip driveway allows for infiltration of rain and snow melt. He fears that paving the
driveway will eliminate the infiltration and direct the water from the driveway to his garage and
home.
Chair Burt stated that this variance is about the requirement to pave the driveway. The Board
cannot discuss or rule on the construction of the garage.
Mike Minor, neighbor at 4107 Highwood Road, is interested in knowing if the construction of
the garage will affect his property in anyway.
With no questions, Chair Burt closed the public hearing.
Chair Burt agrees with staff’s finding and is in favor of granting the variance.
Vice Chair Gainsley feels a pervious surface should be placed on the driveway because that is
how the Zoning Ordinance was written and that meets the Comprehensive Plan. Furthermore, he
feels there are alternative ways of doing this and is in favor of granting a Sunset Clause which
would say that once a pervious surface is approved by the City then the variance would come to a
end and the approved pervious surface would need to be put in place. He feels that the granite
chip driveway is hard to maintain in the winter and that it costs a lot of money to keep replacing
the granite chips. Also, he believes that a drainage system needs to be created to direct water
away from the properties.
Commissioner Roberts stated that an impervious surface would provide easier maintenance and
agrees with staff’s findings.
Commissioner Bloyer is in favor of granting the variance.
Motion by Chair Burt, seconded by Commissioner Roberts, to adopt Resolution #13-06,
approving a variance to allow a driveway to remain gravel with the condition that the driveway
continues to be surfaced with granite for property located at 4118 Cedar Lake Road.
Vice Chair Gainsley asked Chair Burt if he was going to be attaching a Sunset Clause to the
approved resolution.
Chair Burt is unsure that the city has the authority to require a driveway to be paved when the
driveway is on an easement over a neighboring property.
Chair Burt is not in favor of adding a Sunset Clause to the resolution.
St. Louis Park Council Meeting
Item: 082106 - 4g - BOZA Minutes Of June 22, 2006
Page 5
Vice Chair Gainsley stated that the City Attorney agrees that the property ownership is not a
issue.
Chair Burt understands but is still not interested in adding a Sunset Clause.
Motion Approved. Voting Yes: Burt, Bloyer and Roberts.. Voting No:
Gainsley.
5. Old Business
None
6. New Business
None
7. Communications
None
8. Miscellaneous
Vice Chair Gainsley has asked staff to research committee elections.
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 8:06 p.m.
Respectfully Submitted,
Tara Olson
Community Development Secretary
St. Louis Park Council Meeting
Item: 082106 - 5a - Appointments To Commissions
Page 1
5a. Appointment of Citizen Representatives to Boards and Commissions
Recommended
Action:
Motion to appoint citizen representatives to Boards and
Commissions.
BACKGROUND:
The City Council interviewed youth applicants on August 7, 2006. After discussing the
applicants, Council recommended appointing Sonja Johnson as the youth commissioner and
Dalton Shaughnessy as the alternate youth commissioner to the Human Rights Commission
(HRC).
Parks & Recreation Advisory Commission (PRAC) has a new vacancy due to the recent move of
Youth Commissioner Nick Magrino. Lauren Webb-Hazlett, who also interviewed on August 7,
is interested in replacing Nick as the youth commissioner to the PRAC.
There are two adult commissioner openings, one on the Housing Authority and the other on the
Police Advisory Commission. Council interviewed Trinicia Hill for the Housing Authority on
August 14 and recommended appointing her at the August 21 meeting. The Police Advisory
Commission interview will take place on August 21 prior to the Council meeting.
Adult Commissioner Vacancies:
Housing Authority 1 vacancy, expires June 30, 2007
Police Advisory Commission 1 vacancy, expires December 31, 2007
Youth Commissioner Vacancies:
Human Rights Commission 1 vacancy, expires December 31, 2008
Park & Recreation Advisory Comm. 1 vacancy, expires December 31, 2007
Planning Commission 1 vacancy, expires December 31, 2008
Telecommunications Advisory Comm. 1 vacancy, expires December 31, 2008
RECOMMENDATION:
It is recommended that Council make a motion to appoint citizen representatives to Boards and
Commissions as follows:
Sonja Johnson as the youth commissioner to the HRC
Dalton Shaughnessy, alternate youth commissioner to the HRC
Lauren Webb-Hazlett as the youth commissioner to the PRAC
Trinicia Hill as commissioner to the Housing Authority.
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 5b - Board And Commission Procedures
Page 1
5b. Motion to approve resolution adopting revised procedures for City Boards &
Commissions
PURPOSE OF DISCUSSION:
At the study session of June 12, 2006, Council and staff discussed proposed changes to the city’s
rules and procedures on boards and commissions. Council directed staff to make the changes to
improve work flow and operations. Some of the changes are for housekeeping purposes, others,
as detailed below, will result in operational changes.
References to the Charter Commission, Economic Development Authority and the
Housing Authority were deleted because their authority is derived from state statute
(Section A).
Boards and Commissions will prepare their annual report by January 1 and a mid-term
progress report by July 31 to increase communication between the Council and the boards
and commissions (Section I).
Staff liaisons will work with their boards and commissions to make by-laws between the
various boards and commissions consistent (Section F).
Administrative Services will create an orientation program for new members and staff
liaisons (Section Q).
Council will recognize board members and commissioners annually (Section O).
Meetings for Boards and Commissions will follow the Council’s holiday observances to
eliminate confusion about meeting dates (Section G).
Council will impose term limits for chairs of all boards and commissions in this section to
ensure that all members have equal opportunity to serve in leadership positions. No person
may serve as chair to more than one board or commission. (Section C).
Recommendation: Staff recommends that Council makes a motion to approve resolution
adopting revised procedures for Boards and Commissions. Once approved, Administrative
Services will work meet with all of the staff liaisons to discuss the changes and seek their help
with developing orientation materials, a template for by-laws and organizing a recognition event
for 2006.
Attachments: Resolution Amending Rules and Procedures for Boards and Commissions
Rules and Procedures for Boards and Commission (with proposed Revisions)
Prepared by: Marcia Honold, Management Assistant
Reviewed by: Nancy Gohman, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 5b - Board And Commission Procedures
Page 2
RESOLUTION NO. 06-_____
A RESOLUTION AMENDING RESOLUTION No. 03-143
RULES AND PROCEDURES FOR
BOARDS AND COMMISSIONS
WHEREAS, the St. Louis Park City Council has established certain boards and
commissions to serve as advisory to the City Council; and
WHEREAS, the City Council wishes its various boards and commissions to comply with
all regulations to which they are subject concerning conduct of meetings including those
provisions contained in the Minnesota State Statutes, the City Charter and the Municipal Code;
and
WHEREAS, the attached rules and procedures serve as a guideline for operating those
boards and commissions and they set standards for the conduct of staff and commission
members.
NOW THEREFORE BE IT RESOLVED that the City of St. Louis Park hereby
amends the “Rules and Procedures for Boards and Commissions” attached as Exhibit A and shall
adhere to the rules as stated therein unless revised by a majority vote of the City Council.
Reviewed for Administration: Adopted by the City Council August 21, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 082106 - 5b - Board And Commission Procedures
Page 3
Rules and Procedures for Boards and Commissions
Adopted as Appendix A to Resolution No. 06-_____
August 21, 2006
A. Boards
The St. Louis Park City Charter grants the council authority to form various boards and
commissions by ordinance. Boards and commissions serve in an advisory capacity to the City
Council and are conferred various degrees of decision making power. The City Council is the
sole policy making body of the city. Some boards and commissions include in their membership
persons appointed by the school board.
Boards and commissions of the city which have been created by ordinance and are governed by
the provisions of these rules and procedures are as follows:
• Board of Zoning Appeals
• Charter Commission 1
• Economic Development Authority 2
• Housing Authority
• Human Rights Commission
• Parks and Recreation Advisory Commission
• Planning Commission
• Police Advisory Commission
• Telecommunications Advisory Commission
In addition, other ad hoc groups may be formed as needed by resolution of the council.
B. Staff Liaisons
Each board and commission is assigned a staff liaison. Duties of the staff liaison are, in general,
to facilitate or assist in the meetings, to record attendance and to provide information and
direction as requested by the commission. It is also the responsibility of the staff liaison to
inform the city council of any problems or issues that may arise.
C. Membership and Terms
Membership requirements are set by ordinance. All board and commission members are
appointed by the council or, in some cases, by the school board. Youth members may be
appointed and are conferred voting status except in the case of the Planning Commission and
Board of Zoning Appeals. Board and Commission members may not chair more than one
commission at a time and commissioners may only serve one consecutive year as chair.
1 The Charter Commission operates under the same rules and procedures with certain exceptions: Charter
Commission members apply to and are appointed by the District Court and are created by and subject to
provisions dictated by state statute rather than city ordinance.
2 The ordinance creating the Economic Development Authority (EDA) specifies that the membership of
the EDA will be comprised of the current membership of the City Council.
St. Louis Park Council Meeting
Item: 082106 - 5b - Board And Commission Procedures
Page 4
D. Qualifications
Members must be St. Louis Park residents, but need not have expertise in any particular area.
Willingness to serve and be involved are the most important attributes of members. Per
Resolution #01-078, the city council will not consider applications for appointment to advisory
commissions from regular full-time or part-time employees.
E. Attendance
Regular attendance at meetings is a requirement for continued membership on any board or
commission. Irregular attendance and frequent absences are detrimental to the entire group and
put undue pressure on those members who do attend meetings. Regular attendance allows
members to learn about and discuss issues in depth which contributes to more effective decision
making. Continued absenteeism is considered grounds for dismissal by the council.
F. By-Laws
Each board and commission shall create their own by-laws and meeting procedures. By-laws
must be consistent with the City Code and should follow the Council’s template for by-laws.
Whenever changes are made, copies of the by-laws should be forwarded to the city manager’s
office Administrative Services department_for the Council’s review. Council has 30 days to
review and amend the by-laws per the City Code.
G. Meetings
Meeting times and locations are set according to each commission’s by-laws. Each commission
should defer to the Council’s meeting policy for meetings which occur on or near holidays. A
quorum of the board is made up of a majority of members currently appointed. All meetings
will be conducted in accordance with the Minnesota Open Meeting Law, the City Charter and the
Municipal Code of Ordinances. The proceedings of the meetings should be conducted using
standard parliamentary procedure. The City Council has adopted The Standard Code of
Parliamentary Procedure, as their guide and that publication is available in the clerk’s office
Administrative Services department. A simplified summary of these procedures is also available
for use by commission chairs and staff liaisons.
H. Minutes and other Records
Minutes of each meeting should be prepared and maintained by the staff liaison or designee.
Following commission approval minutes should be forwarded to the city clerk’s office
Administrative Services department for placement on the city council agenda.
All board and commission records must be maintained in accordance with the city’s records
retention policy. Please contact the city clerk’s office Administrative Services department if you
have questions regarding retention and preferred storage medium.
I. Annual Report
St. Louis Park Council Meeting
Item: 082106 - 5b - Board And Commission Procedures
Page 5
Each board or commission must report to the council once per year shall prepare A a draft
written report should be prepared for the Council which includes activities undertaken in the past
year and goals for the coming year. Every effort should be made to submit the report to the
Council by January 1. After reviewing the report, the Council will meet with the group in a study
session to discuss the report and other issues of concern to the commission prior to approving the
report. The report should be submitted to council for review prior to the study session meeting.
Mid-year progress reports should be submitted to the Council by July 31 of each year.
J. Recruitment
When a vacancy occurs it is the responsibility of the staff liaison to inform the city manager’s
office Administrative Services department of the vacancy. Recruitment is typically done using
any combination of advertising opportunity available. Local newspaper, Park Perspective, direct
mailing, neighborhood newsletter, the city’s website, etc. are all acceptable forms of
advertisement.
Applications are maintained by the city manager’s office Administrative Services department
and are forwarded to interested citizens upon request. In certain instances a supplemental
application may be created to determine suitability of candidates.
Upon receipt of the application a representative of the city manager’s office Administrative
Services department will contact the applicant to acknowledge receipt of the application and to
discuss the interview and appointment process.
Applications will be retained in the active file six months following receipt.
K. Candidate Review Process
Written applications are forwarded to councilmembers for review as openings occur.
Councilmembers will inform the city manager’s office Administrative Services department of
the candidates they wish to interview based upon their review of written materials within two
weeks of receiving the materials. Interviews are conducted by the City Council, usually prior to
a Monday evening meeting. Following the interview, the Mayor will inform the Administrative
Services department about the status of each applicant. the city manager’s office The
Administrative Services department will mail a thank you letter to each applicant with
information regarding next steps in the process.
L. Appointment
Appointments are made by the City Council at a regular meeting of the council. Council will
inform the city manager’s office Administrative Services department when an appointment is to
be made so that the appointment can be added to the council agenda.
Following the appointment the city manager’s office Administrative Services department will
contact the new member and inform them of their appointment. A copy of the application will
also be forwarded to the staff liaison.
St. Louis Park Council Meeting
Item: 082106 - 5b - Board And Commission Procedures
Page 6
The staff liaison will provide the new member with meeting information and discuss
expectations and pertinent issues with them prior to the next meeting of the board or
commission.
Appointments are sometimes made to unexpired terms, and often more than one vacancy exists
on a commission. In that case, the specific term occupied by the new member is determined by
the commission and communicated to the city manager’s office Administrative Services
department.
M. Rosters
The staff liaison is responsible for keeping an up to date updated roster of the commission which
should include contact information, term of office and date of appointment. When information
on the roster changes, a change form should be completed and forwarded to the city manager’s
office. The liaison is responsible for notifying the Administrative Services department about
roster changes.
N. Reappointment
Reappointments are made as needed by the city council. Performance and attendance by Board
and Commission members requesting reappointment will be considered by the Council. Council
may choose to reinterview any commission member as a means to determine whether the
commission member should continue to serve. A member may continue to serve beyond their
expiration date until a reappointment is made.
O. Resignation
When a resignation occurs, a change form should be completed and forwarded to the city
manager’s office the staff liaison should contact the city manager’s office Administrative
Services department and forward along with a copy of any correspondence that may have been
received. The city manager’s office Administrative Services will then initiate recruitment to fill
the vacant position. A member may continue to serve beyond their expiration date until a
successor is appointed. Members may be removed with or without cause by the City Council.
P. Recognition
At the beginning of each year council will recognize members who have left their position
during the prior year. The city and school volunteer coordinators will plan appreciation activities
for all commission members every two years annually.
Q. Orientation
The Administrative Services department and the staff liaisons will provide orientation for new
board and commission members as well as new staff liaisons.
St. Louis Park Council Meeting
Item: 082106 - 8a - 2005 Bond Issue
Page 1
8a. 2005 Bond Issue Modifications
This report requests that the City Council adopt a resolution amending the projects to be
funded by proceeds from the $3,705,000 General Obligation (GO) Bonds, Series 2005A.
Recommended
Action:
Motion to adopt Resolution Amending the Projects Funded by the
$3,705,000 General Obligation Bonds, Series 2005A.
PURPOSE OF DISCUSSION:
This resolution is being proposed because several of the projects originally planned for the
2005A bonds have been modified, delayed, or cancelled. The city must spend bond proceeds in
a reasonable time frame or face penalties from the Internal Revenue Service (IRS) in the form of
arbitrage rebate. With this report, city staff is proposing substitute projects for the City Council
to consider funding through this bond issue.
BACKGOUND:
The 2005A GO Bonds are dated May 25, 2005. The spend-down provision in this issue requires
us to expend 75% of the proceeds by November 25, 2006 (18 months) and 95% by May 25, 2007
(2 years). The remaining 5% must be spent by May 25, 2008 which is three years after the date
of issuance.
City staff had prepared preliminary estimates of costs and timing for many construction projects
for this bond issue. Many of those projects and related costs were not finalized at the time the
bonds were issued. Since that time, project timelines have been changed or priorities have been
reshuffled. The projects that were modified, delayed, or cancelled include some sidewalk and
trail improvements, bikeways, the Minnetonka Blvd. Bridge, street crossing timers, W. 44th St.
reconstruction project, Hwy 7 merge lanes, and the aquatic park expansion. These items are
identified on Attachment 1.
The bond proceeds for project costs totaled $3,601,393. The required amounts that we must
spend are $2,701,045 by November 25, 2006 and $3,421,323 by May 25, 2007. Current
expenditures incurred through August 11, 2006 are $1,455,388. Therefore, we must utilize an
additional $1,245,657 of bond proceeds by this November and another $720,278 by May of next
year. The grand total for these substituted projects must be $1,965,935.
Staff fully understands that this money must be used in a very deliberate and responsible way.
With that in mind, the Finance Department asked department directors and supervisors for
potential existing and new projects for funding with these bonds. Staff favors funding projects
with bond proceeds that allow us to reduce the operating budget in future years and cover
unfunded mandates.
We received a large list of projects from department directors (included as Attachment 2) that we
have prioritized. The projects are broken into three categories – the first being high priority
projects that allow us to reduce the 2007 budget or fund MSA project for which we can’t be
reimbursed in 2006. The second section (medium priority) lists projects that are necessary but
unfunded. The last section (lower priority) lists projects that have an existing funding source,
but with funding that may not be adequate for all projects that are scheduled in the next five
years. With these bond proceeds, we can fund all of the projects in the first two sections.
St. Louis Park Council Meeting
Item: 082106 - 8a - 2005 Bond Issue
Page 2
The third section will require more long-range planning. Our goal is to match on-going annual
funding sources to annual capital needs in order to minimize required bonding in the future.
Staff is proposing that the City Manager be given authority to substitute or modify projects noted
above as high and medium priorities with projects noted as lower priorities as listed on
Attachment 2 up to the amount of available proceeds for project costs in the bond issue capital
project fund. Staff has not yet fully reviewed the new 2007-2011 Capital Improvement Program
(CIP) requests. When that review process is performed, we may come back to the City Council
with a request to fund other projects to better match overall city priorities. However, action is
needed now in order to meet the lead times for some items on the list, such as the City Hall
elevator, to be completed by the May 25, 2007 deadline.
Attachments: Resolution Amending the Projects Funded by the $3,705,000 General
Obligation Bonds, Series 2005A
Excerpt from Staff Report of April 18, 2005 Sale Resolution for 2005A
GO Bonds
Proposed Additional Projects
Prepared by: Bruce M. DeJong, Finance Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 082106 - 8a - 2005 Bond Issue
Page 3
RESOLUTION NO. 06-134
RESOLUTION AMENDING THE PROJECTS FUNDED BY THE
$3,705,000 GENERAL OBLIGATION BONDS, SERIES 2005A
WHEREAS the City of St. Louis Park has previously issued its $3,705,000 General
Obligation Bonds, Series 2005A; and
WHEREAS modifications, delays , and cancellations have occurred with several of the
projects listed in the original resolution; and
WHEREAS the City has other projects that may be funded by the bond issue proceeds
and qualify for inclusion on the same basis as projects that were included in the original issue;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park that it approves amendments to the projects to be funded by the 2005A G.O. Bonds to
include the projects shown on the attached list. The City Manager is authorized to substitute or
modify projects shown on the attached list up to the amount of available proceeds for project
costs in the bond issue capital project fund.
Reviewed for Administration: Adopted by the City Council August 21, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 082106 - 8a - 2005 Bond Issue
Page 4
EXCERPT FROM STAFF REPORT OF APRIL 18, 2005 REGULAR MEETING
8a. Sale of 2005A General Obligation Bond and 2005B General Obligation Tax
Increment Refunding Bond
Description Council is requested to approve resolutions providing for the sale of
the 2005A and 2005B Bond sales
Recommended
Action:
Motion to approve resolutions providing for the sale of
$3,780,000 General Obligation Bonds, Series 2005A and
$2,470,000 General Obligation Tax Increment Refunding
Bonds, Series 2005B
BACKGROUND:
The 2005-2009 Capital Improvement Program (CIP) was approved by the City Council at their
January 18, 2005 meeting. The CIP is used by the City to identify and implement various
improvements throughout the community. Several projects initiated by the City of St. Louis
Park require the use of General Obligation debt for partial or full financing. During the March
28, 2005 Study Session, Council reviewed the feasibility of issuing a General Obligation Bond to
fund the following projects.
Project
Project
Number Bond Cost
Total Project
Cost
Year of
Construction
Crossing Imprvement Projects 19990900 146,831$ 146,831$ 2004 and 2005
Lamplighter Pond - Dredging & Modifications - Area #4 20001800 75,000 1,569,902 2004
Bikeways Improvement Project 20011000 476,061 476,061 2005
Alley Paving Project - Edgebrook Drive 20031500 37,423 56,824 2004
Sidewalk Improvement Project - Pedestrian Curb Ramps 20040100 120,350 120,350 2005
Sidewalk Improvement Project - Other Segments 20040200 294,877 501,927 2004
Trail Improvemetn Project - Other Segments 20040300 291,240 528,444 2004
Street Project - Closures at RR Crossings 20041200 108,000 108,000 2005
Street Project - TH 100 Noise Wall (West)20050100 141,490 2,900,416 2005
Street Improvement Project - W 44th Street 20050500 100,000 100,000 2006
Aquatic Park Expansion (see note below)20063010 1,000,000$ 1,000,000$ 2006
Trail Project - Trail Connections 20040301 81,000 81,000 2005
Trail Project - Mtka Blvd (Hwy 169/Hutch Spur)20040302 187,740 187,740 2005
Trail Project - Connection at Cedar Lake Rd 20040303 150,000 150,000 2005
Street Project 20051300 35,000 35,000 2006
Street Project - Mtka Blvd BR Repl @ Hutch Spur Trail 20061200 74,000 508,000 2006
Street Project - Hwy 7 Merge Lane Mod. @ Blake Road 20081200 12,500 250,000 2008
Building Project - Police Department (Roof Replacemen MBF - 009 200,000 200,000 2005
City wide Telephone System TFR - 211 300,000 300,000 2006
Total 2005 Requested Reimb. Resolution 3,831,512$ 9,220,495$
Total anticipated 2005 GO Bond issue
(excludes bond issue costs)3,780,000$
NOTE: The total anticipated 2005 Bond issue costs indicated in the above information
exceeds the actual bond anticipated due to staff anticipating utilizing other available
St. Louis Park Council Meeting
Item: 082106 - 8a - 2005 Bond Issue
Page 5
Proposed Additional Projects
Project Amount Year Funding Source
Rec Center Generator (park & rec)347,471 2006 Park Improvement Fund
Voting booths (admin)24,000 2006 General Fund
2 Field Laptops for PW engineering 14,000 2006 General Fund
MSA Dakota/Wooddale 20051101 300,000 2006 Municipal State Aid
MSA Quentin Ave project 20051100 380,000 2006 Municipal State Aid
Copiers 150,000 2006/2007 General Fund
Section 1 Subtotal 1,215,471
Westwood roof (park & rec)45,975 2006 Municipal Building Fund
Point of Sale registers (park & rec)20,000 2006/2007 Park and Rec Fund
HVAC screening 50,000 2006 Municipal Building Fund
Carpet & Installation costs (Police) 80,000 2006/2007 Municipal Building Fund
Fire Station Improvements (FIRE)78,048 2006 General Fund Contingency
City hall & misc. sidewalk projects 105,000 2006/2007 General Fund
City hall elevator 235,000 2006/2007 Municipal Building Fund
ID Printer (HR)5,000 2006 General Fund
Police Software (public safety)15,000 2006 Public Safety
Laptop/Printer (HR)2,500 2006 General Fund
Job Search data base software (HR)11,500 2006 General Fund
Finance Scanner 5,000 2006/2007 General Fund
Finance Budget software 5,000 2006 General Fund
City Hall Parking Lot (flood protection)100,000 2006/2007 Unknown
Section 2 Subtotal 758,023
Subtotal of Lists 1 and 2 1,973,494
Excelsior Bridge - 19980400 (Hennepin Cty)250,000 2006 Municipal State Aid
Ped Bridge - 20052100 583,859 2006/2007 2007 MSA Reimbursement
Van (public safety)250,000 2007 Equipment Replacement
Storage Building (Park & Rec)238,000 2006/2007 Park Improvement Fund
Trail Reconstruction (Park & Rec)41,000 2006/2007 Park Improvement Fund
Northside Rotary Park (Park & Rec)96,000 2006/2007 Park Improvement Fund
Technology Replacement (2006)680,000 2006 Split between all city funds
Technology Replacement (2007)610,000 2007 Split between all city funds
City Hall TSS & Fire Departments Remodel 20,000 2006 Municipal Building Fund
City Hall Exterior improvements 200,000 2007 Municipal Building Fund
City Hall & Police Department Landscape 50,000 2007 Municipal Building Fund
MSC Floor drains 50,000 2007 Municipal Building Fund
City hall reroof 225,000 2006/2007 Municipal Building Fund
Section 3 Subtotal 3,293,859
Grand Total 5,267,353