HomeMy WebLinkAbout2005/04/18 - ADMIN - Agenda Packets - City Council - Regular
AGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 18, 2005
Board of Appeals & Equalization – 7:15 p.m.
Economic Development Authority – 7:20 p.m.
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of April 4, 2005
b. Study Session Minutes of March 14, 2005
c. Study Session Minutes of March 21, 2005
d. Study Session Minutes of March 28, 2005
e. Study Session Minutes of April 4, 2005
f. Study Session Minutes of April 11, 2005
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to move items
from consent calendar to regular agenda for discussion and to approve those items
remaining on the consent calendar).
5. Boards and Commissions
6. Public Hearings
6a. Public Hearing to consider granting an On-Sale Wine and 3.2 Malt Liquor
License for Leeann Chin, Inc., DBA Chin’s Asia Fresh located at Knollwood
Mall, 8332 Hwy 7, Suite 333 in St. Louis Park.
Recommended
Action:
Mayor to close public hearing. Motion to approve on-sale wine
and 3.2 malt liquor license.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Sale of 2005A General Obligation Bond and 2005B General Obligation Tax
Increment Refunding Bond
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
8b. Request by Mendota Homes Inc. for a preliminary/final plat to combine two
parcels into one; and a conditional use permit to allow a 3-story, 75 unit
condominium building at 3270 Gorham Avenue (the old AVR site).
3270 Gorham Avenue
Case No. 05-03-S: Proposal for a lot combination.
Case No. 05-02-CUP: Proposal for multi-family Condominium.
Recommended
Action:
• Motion to approve Resolution of the preliminary/final plat of
Gorham Addition, which combines two parcels into one,
subject to conditions as recommended by the Planning
Commission.
• Motion to approve Resolution of a Conditional Use Permit to
allow a 75 unit multiple-family dwelling at 3270 Gorham
Avenue subject to conditions as recommended by the
Planning Commission.
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 APRIL 18, 2005
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.
4b. Motion to determine that North Star Tree Care, Inc. is not a responsible bidder and
designate Emery’s Tree Service Inc. as the lowest responsible bidder, and authorize
execution of a contract for the 2005 private diseased tree removal program in an amount
not to exceed $515,525.00.
4c. Motion to adopt Resolution granting Qwest Corporation (Ulteig Engineers) an easement
to locate telecommunication equipment cabinets and related appurtenances on a portion
of City Hall property along the northern boundary of the property along 5005
Minnetonka Boulevard. Case No. 05-13-RE.
4d. Motion to adopt a Resolution authorizing the St. Louis Park Housing Authority to
administer the Small Home Acquisition Pilot with Expansion (SHAPE) program.
4e. Motion to approve Proposed Sublease of Free Standing Communications Antenna with
Sprint Spectrum L.P. (Sprint) - City Contract No. 68-99
4f.
Motion to accept for filing Telecomm Commission Minutes of December 2, 2004
4g. Motion to accept for filing Planning Commission Meeting Minutes of March 16, 2005
4h.
Motion to accept Vendor Claims for filing (Supplement)
4a. Motion to approve the Proposed Appliance Collection Change affecting the Solid Waste
Contract
St. Louis Park City Council Meeting
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UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 4, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:33 pm.
Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger Sue Santa, and Sally Velick
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director (Mr. Locke), City Engineer (Ms. Hagen), Planning Coordinator (Ms.
Erickson), and Recording Secretary (Ms. Stegora-Peterson).
2. Presentations
2a. Recognition of John Lindstrom, Fire Department - Resolution No. 05-048
Mayor Jacobs read Resolution No. 05-048 recognizing John Lindstrom’s service to the
City of St. Louis Park.
2b. HOV Lane Update
Lee Munich, Director of the State and Local Policy Program at the Humphrey Institute
and Kevin Gutknecht, MnDot, updated the Council on the MnPass Express Lanes, the
goals of the program, a description of the operations of the MnPass lane, cost, billing,
how to sign up for the program and enforcement was presented. More information is
available at Mnpass.org. Lanes are scheduled to be opened the week of May 16th.
3. Approval of Minutes
3a. City Council Minutes of March 21, 2005
Councilmember Santa indicated on page four, under communications should read
“Hopkins Art Center” not “Hennepin Art Center”.
The minutes were approved as corrected.
3b. Study Session Minutes of February 14, 2005
Councilmember Sanger indicated on page two, midway down, the last line “because the
City” should be inserted after “…had provided too much assistance already”.
The minutes were approved as corrected.
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3c. Study Session Minutes of February 28, 2005
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 No. 05-051 requesting reimbursement for Capital Improvement
Projects from the anticipated 2005 General Obligation Bond issue
4b. Adopt Resolution No. 05-052 accepting this report relating to various pedestrian crossing
improvements throughout the City, establishing and ordering Improvement Project No.
1999-0900, approving plans and specifications, and authorizing advertisement for bids.
4c. Adopt Resolution No. 05-053 accepting this report, establishing and ordering
Improvement Project No. 2004-0100, approving plans and specifications, and authorizing
advertisement for bids.
4d. Adopt Resolution No. 05-054 accepting the City Engineer’s Report, establishing and
ordering Improvement Project No. 2005-0100, approving plans and specifications, and
authorizing advertisement for bids for the relocation of watermain on Vernon Avenue
4e. Approve Contract with Barr Engineering for Professional Engineering Services related to
the Westwood Lake Water Quality Detention Pond Project, Project No. 2006-1300
4f. Adopt Resolution No. 05-055 accepting the Utility Superintendent’s Report, establishing
and ordering Improvement Project No. 2005-1500, approving plans and specifications,
and authorizing advertisement for bids for the installation of emergency power generators
at Water Treatment Plants #1 and #4
4g. Approve a Sidewalk Management Program
4h. Adopt Resolution No. 05-056 authorizing installation of permit parking in front of 3212
Dakota Avenue South. Traffic Study No. 595
4i. Adopt Resolution No. 05-057 accepting this report, approving specifications, and
authorizing advertisements for bids for additions to year 2005 major equipment purchases
4j. Approve Contract with SRF Consulting Group, Inc. for Professional Engineering
Services related to the design of the south frontage road relocation at Trunk Highway 7
and Wooddale Ave.
4k. Accept for filing PRAC minutes February 16, 2005
4l. Accept for filing BOZA minutes December 23, 2004
4m. Accept Vendor Claims for filing (Supplement)
It was motioned by Councilmember Santa, seconded by Councilmember Basill, 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
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8. Resolutions, Ordinances, Motions
8a. City Engineer’s Report: Municipal State Aid Street Rehabilitation Project –
Project No. 2004-1100. Resolution No. 05-049
Ms. Hagen presented the staff report.
Councilmember Velick stated a concern for residents on Westwood Hills Drive. How
would they monitor that? Ms. Hagen replied that they would put signage on Cedar Lake
Road and on Wayzata Blvd to avoid traffic using Texas Av. and try to divert some of the
traffic from making that detour.
Councilmember Velick wanted to remind people who went to Westwood Hills Nature
Center that there would be an inconvenience at this time. She requested this information
be put on the web site and that there be good signage.
Councilmember Sanger noted that the staff report indicated that coordinating with this
project would be reconstruction of the parking lot for the junior high school on Texas.
Who was paying for that? Ms. Hagen replied that the School District approached staff
and requested the possibility of bidding the two projects together. The School District
would pay 100% of the reconstruction of the parking lot and would also be responsible
for inspection and engineering during construction.
Councilmember Omodt asked if they had checked to see if there were any people with
handicapped parking on Westwood Hills Drive, because that might be an issue? Ms.
Hagen responded that Texas Avenue was going to be closed. The detour would be routed
there. A gentleman came to the neighborhood meeting and expressed that he had limited
mobility and they were going to work with him. They would also like to make the
parking lot across the street available for residents during that period.
It was motioned by Councilmember Velick, seconded by Councilmember Omodt, to adopt
the Resolution No. 05-049 accepting this report, establishing and ordering Improvement
Project No. 2004-1100, approving plans and specifications, and authorizing
advertisement for bids.
The motion passed 7-0.
Mayor Jacobs and the City Council thanked Ms. Hagen for her service to the City of St.
Louis Park and exceptional work on a multitude of projects.
8b. Resolution opposing proposed transit service reductions and supporting a
dedicated funding source for transit. Resolution No. 05-050
Ms. Erickson presented the staff report.
Mayor Jacobs stated a public hearing would be held April 12th at the Hopkins Center for
the Arts from 6:30-8:30 PM. He also noted in the resolution about 1/3 of the way down,
it should be route 604 and 605.
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Councilmember Santa stated she would be speaking at the meeting and would present
this resolution. It was important to note, at a time when projects were being considered
as being part of a transit route and receiving grants because they were on a proposed
transit route for light rail in the future, the bus service to that site was being eliminated. It
created a hardship for seniors and low-income people who depended on the bus. It also
had a wider community impact for employees and businesses that located on transit
routes that would not go away.
Councilmember Sanger added that the grants that they had received for transit-oriented
development had come from the Metropolitan Council and they were now proposing
these cuts, which did not make sense. In addition to the businesses and employees that
depended on bus ridership, there were also a number of apartment complexes that had
bus routes as amenities.
Councilmember Finkelstein stated as a naturally occurring retirement community with
over 15% of the population over age 65, they relied on the buses, as well as the disabled
community, for day-to-day life.
Councilmember Santa indicated many of the youth use the bus as their only form of
transportation, including bus service in the vicinity of the Rec. Center.
It was motioned by Councilmember Santa, seconded by Councilmember Sanger, to adopt
the Resolution No. 05-050 opposing proposed transit service reductions and supporting
a dedicated funding source for transit.
The motion passed 7-0.
9. Communications
Mayor Jacobs stated that the Youth Summit would be April 12th from 5:30-8:30. The Lennox
Spaghetti Dinner is April 15th at Lennox. Bookmark in the Park will be meeting on April 13th at
City Hall to select a book.
10. Adjournment
The meeting adjourned at 8:34 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
041805 - 3b - SS Minutes 3-14-05
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UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
March 14, 2005
The meeting convened at 6:30 p.m.
Councilmembers present: Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick
and Mayor Jeff Jacobs. Councilmember Basill arrived at 7:35
Staff present: City Manager (Mr. Harmening); Director of Technology and Support Services
(Mr. Pires); Community TV Coord (Mr. McHugh); Civic TV Coord (Reg Dunlap); Community
Development Director (Mr. Locke); Housing Supervisor (Ms. Schnitker); City Clerk (Ms.
Reichert).
1. Telecommunications Commission 2004 Annual Report
Ken Huiras, Chair of the Telecommunications Commission presented a summary of the
commission’s activities and accomplishments during the past year. The commission had worked
on the renewal of the Time Warner Cable Franchise, School District cable TV funding, the
Victory Sports Channel, and legislative issues.
2. Time Warner Cable TV Franchise Renewal Discussion of Business Points
Councilmember Sanger asked about a provision being negotiated where Time Warner has
proposed cutbacks in local origination (LO) programming. Joel Jamnik, Campbell-Knutson,
explained what LO programming is and how it works.
Lance Leopold, Time Warner, stated Time Warner’s (TW) position. TW would like to do away
with twenty hours of local origination programming. They would still provide local
programming, however, the content of that programming would be their choice rather than the
city’s.
Mr. Harmening indicated that the City and Time Warner were considering a range of options for
ensuring that LO programming would continue. The question was more a matter of who would
provide that programming – Time Warner or the City
Councilmember Finkelstein asked it was common for local origination to be provided by the
cable company in other cities. Mr. Leopold replied no, just one other city provided it.
Councilmember Finkelstein asked how much Time Warner spent on local origination. Mr.
Dunlap responded that the cost was approximately $180,000/year.
Councilmember Finkelstein asked if the city would be receiving more franchise fees as Time
Warner added new kinds of services. Mr. Leopold responded that the franchise fee applied only
to cable television service. Other services provided by TW were not subject to the franchise fee
requirements.
Councilmember Omodt did not believe that Time Warner, which is essentially granted a
monopoly to operate in the city, should be relieved of it’s responsibility for providing LO unless
the city got something in return during the negotiations.
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Mr. Leopold stated that times had changed and the City would benefit in the long run.
Mayor Jacobs indicated that cable without local origination was worthless. He asked what
would happen if the city chose to change cable television providers. Mr. Jamnik explained that
changing providers would require a different company laying cable throughout the city.
Councilmember Santa questioned whether staff was technically qualified to provide the local
origination programming. John McHugh believed they could do a quality job.
Mayor Jacobs stated that if local origination goes away, he will cancel cable. This was a service
provided for 20+ years and expected by our public. Time Warner had been granted a monopoly
and now they were trying to change the original agreement. He did not believe that was fair.
Councilmember Sanger also believed customers were asking for local origination and that
without that programming cable would be useless to many in the city.
Councilmember Velick asked what services the city would have to cut in order to accommodate
providing LO in-house.
Mr. Pires replied that funds to provide the LO would be transferred from the general fund. The
money they would transfer is earmarked for technology. Sacrifices would be in technology
support and other general services.
Councilmember Santa asked if the proposal for city provided local origination included
equipment and operations or only personnel. Mr. McHugh responded only personnel.
Councilmember Santa stated that service from Time Warner was worse than before, so bad that
she had dropped cable.
Councilmember Omodt believed that if the city were to agree to relieve Time Warner of its
responsibility that the city should receive something back in the negotiations.
Councilmember Sanger thought it sounded as though staff were negotiating “as if” local
origination was going away. She wanted to make it known that LO was important, and she was
not willing to give in on this point.
Mr. Harmening stated that staff believed local origination is critical, whether provided by the
City or Time Warner. Negotiations were continuing and many options were being explored.
Councilmember Santa didn’t care who provided the LO, just so no taxpayer money was going to
local origination. She was concerned about staff time. Councilmember Velick agreed.
Councilmember Sanger asked if there were entities that could provide the service and if the city
could contract for LO. Mr. Pires stated that was an option.
Councilmember Finkelstein also believed LO programming was critical. He didn’t care how it
was provided, as long as the city and its residents benefited in the end. He also made the point
that he believed there should be a studio located somewhere in the City.
Mr. McHugh went through other points of agreement and disagreement in the negotiations.
St. Louis Park City Council Meeting
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Councilmember Sanger asked if performance standards were a part of the contract. Mr. Pires
responded that they were. However, it was the understanding of staff and the
Telecommunications Advisory Commission that Time Warner’s customer service was good. It
seemed from this discussion that it was not. Councilmember Velick did not agree that the
service was good. She had heard multiple complaints about service from her constituents.
Mr. Huiras stated that service reports are given to the Commission every meeting and there were
not many complaints, about a half dozen each meeting.
Mr. Harmening summarized the discussion stating that negotiations would continue and that staff
would apprise council of their progress at a future date.
3. Move Up in the Park Program – Small Home Acquisition Pilot with Expansion
(SHAPE)
Mayor Jacobs and Councilmember Finkelstein expressed enthusiasm for the program.
Councilmember Finkelstein asked if the program could encourage “green” development ideals.
Mr. Locke stated that there could be design standards including landscaping, insulation and
windows.
Councilmember Sanger asked what happened if a home didn’t sell for the expected price. Was
the city exposed in any way? Mr. Locke responded that the developer would incur the expense if
a home did not sell for the expected price, not the city. Councilmember Sanger asked if the TIF
formula would change if the end buyer had a high income. Mr. Locke stated that in the event
TIF needed to be used, adjustments could be made to the formula.
Councilmember Sanger asked if design standards could be put in place to ensure the homes
would be compatible with the neighborhood. Mr. Locked replied that they would be using the
same guidelines used in the Home Renewal program.
Councilmember Velick asked if homes would be located across the city, or if they would be
grouped in one area. Mr. Locke said it was the intent to place the homes at different locations as
they became available, but he could not guarantee where.
Mr. Harmening indicated that the next step would be to authorize the Housing Authority to
administer funding for the program.
4. Adjournment
The meeting adjourned at 9:45 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
041805 - 3c - SS Minutes 3-21-05
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
March 21, 2005
The meeting convened at 8:15 p.m.
Councilmembers present: John Basill, Susan Sanger, Sue Santa, Sally Velick and Mayor Jeff
Jacobs.
Staff present: City Manager (Mr. Harmening); Planning and Zoning Supervisor (Ms.
McMonigal); Planner (Ms. Erickson); City Engineer (Ms. Hagen); City Clerk (Ms. Reichert).
1. Zoning Text Amendment - Floodplain Overlay District
Staff met with council to review the various definitions, regulations, and regulatory agencies
associated with surface water and to show the impact of the proposed zoning code amendment in
relation to these.
Rick Voight of Polaris, Inc. and Peter Willenbring, WSB, were also in attendance.
Mr. Willenbring presented an overview of the technical aspects of the ordinance. Council asked
a number of questions regarding the difference between “wetlands” and “floodplain”. Mr.
Willenbring explained that various jurisdictions such as the DNR, watershed districts and the
federal government have all created rules for dealing with wetlands and floodplains. The bottom
line in the ordinance amendment in question was that the proposed change would bring St.
Louis Park’s ordinances into conformance with standard practice applied in many other
jurisdictions.
Councilmembers questioned why we would allow development in a floodplain at all. They were
concerned about future problems that may arise as a result.
Councilmember Santa suggested the item be set aside until the two councilmembers who were
absent could join in the discussion.
Staff agreed to bring this item back in the future with additional information.
2. Southwest Light Rail Transit Update
Jim Brimeyer, council’s appointed to the Hennepin County Regional Railroad Authority Task
Force, presented an overview of the goals and objectives for the next study phase of the
Southwest Corridor the HCRRA is pursuing. The Alternatives Analysis study will use a similar
study format and public process, and will narrow the route alternatives to one preferred
alternative and evaluate light rail transit compared with a baseline bus alternative along the
preferred route. Mr. Brimeyer presented maps with various routes under study and answered
council’s questions regarding the process.
Councilmember Sanger asked if the Hiawatha ridership numbers had affected the process in any
way. Mr. Brimeyer responded that it had, very positively. She went on to state that freight rail is
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a huge issue in SLP, and she hoped that issue would be addressed as the study continued. Mr.
Brimeyer responded that he would make be sure to bring the issue up in discussions.
Council thanked Mr. Brimeyer for his work on the task force and asked to be kept informed as
the process continued.
Mr. Brimeyer also provided the council with a brief update on the activities of the St. Louis Park
Foundation.
3. Adjournment
The meeting adjourned at 10:20 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
041805 - 3d - SS Minutes 3-28-05
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
March 28, 2005
The meeting convened at 7:00 p.m.
Councilmembers present: John Basill, Susan Sanger, Sue Santa, Sally Velick, Paul Omodt, Phil
Finklestein and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening); community Development Director (Mr. Locke);
Economic Development Coordinator (Mr. Hunt); Engineering Development Manager (Mr.
Olson); City Engineer (Ms. Hagen); Finance Director (Ms. McGann); Public Works Director
(Mr. Rardin); Utility Superintendent (Mr. Anderson); City Clerk (Ms. Reichert).
1. 2005 General Obligation Bond Issuance and 1997A Bond Refunding
Jean McGann, Finance Director, met with council to review the feasibility of issuing a General
Obligation Debt in 2005 and to refund a 1997 General Obligation Tax Increment Bond. Ms.
McGann explained the rationale for issuing GO bonds in advance of the original projection and
how CIP projects are identified and funded by GO bonds. She explained that there was minimal
risk. Council was generally supportive of the strategy.
Ms. McGann pointed out that the Aquatic Park Expansion mentioned in the staff report is a
project that has not been thoroughly discussed by Council. As a CIP item for 2006, Park and
Recreation Staff is working with a consultant to determine feasibility and costs. Staff will be
providing information to Council this fall. If the Council decides not to proceed with the
Aquatic Park Expansion, then the bond proceeds may be reallocated to other eligible projects.
Councilmember Omodt expressed concern that the Aquatic Park is too crowded with kids from
other cities. It’s difficult for SLP residents to use their own pool. He was concerned that buses
from other neighborhoods were being brought in full of kids that did not live in SLP.
Ms. McGann noted that council would see the bond sale on a council agenda very shortly.
2. Water System Backup Supply
Mr. Anderson informed the council that a Water System Vulnerability Study, completed in
accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of
2002, had identified a need for additional emergency water production to meet the daily average
demand in case of a power outage in the city.
Mr. Anderson showed pictures of the units similar to those that would be installed and mentioned
that noise may be an issue when the generators are running, but that would most likely be during
peak hours in the summer when folks had windows closed and the air conditioner on. The units
would be shielded by landscaping.
Ms. McGann said that funding may be an issue and that staff may have to look to future rate
increases to fund the project.
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3. Dworsky
Staff met with Council to provide an update on the status of the project development for the
intersection improvements at Trunk Highway 7 and Wooddale Avenue, and to discuss the right
of way impacts to the affected properties and the proposed purchase of the Dworsky property.
Mr. Olson provided an overview of the project.
Mayor Jacobs suggested that if MnDOT begins the interim Hwy 100 project, that perhaps the
intersection improvements at Hwy 7 and Wooddale could be done at the same time.
Councilmembers Basill and Velick expressed concern about potential development at the
Hoigaards site and felt that improvements to both Hwy 100 and this intersection should be done
before significant development is undertaken.
Councilmember Finkelstein was concerned that the price of the Dworsky property was high. He
wanted to be sure it was necessary to purchase it before making a decision.
Councilmember Basill believed that the purchase should happen and that it was reasonable for
the city to hold the land until the improvements needed at that intersection could be done.
Councilmember Sanger was disappointed that the purchase of the Soomek property had brought
no return on investment as the city had originally intended. She did not want that to happen here.
She also wanted frontage road improvements done as soon as possible.
Mr. Hunt stated that the Dworsky appraisal and the City’s appraisal were actually quite close.
He also pointed out that the purchase would fulfill two purposes: a use for pre-1997 TIF dollars
and the space acquired would allow for significant future improvement to the intersection.
Councilmember Finklestein asked what would happen if the city did not purchase at this time, a
new buyer did purchase, and then the city wished to acquire at a later date. Mr. Locke responded
that the scenario could turn out to be a “community development nightmare”.
Several councilmembers referred to the Hutchinson Spur acquisition and believed it was wiser to
purchase now from a willing seller than to try to purchase in the future.
Councilmember Sanger asked we could be sure the improvements to the frontage road would be
done, and if so, would MnDOT be a partner in the project. Mr. Rardin stated that staff was
intending to move forward with that piece of the planning.
Mr. Harmening summarized stating that the purchase of the property would be on a future
council agenda and staff would continue planning for frontage road improvements.
4. Golden Auto
Staff and the developers provided an update, and requested feedback on Real Estate Recycling’s
proposed redevelopment plans for the National Lead/Golden Auto site (located at 7003 Lake
Street immediately east of Sam’s Club). Staff and the developer was seeking confirmation that
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grants should be pursued from public agencies to undertake the proposed environmental response
actions necessary to redevelop the subject property.
The developers, Mac and Paul Hyde, stated that all testing had been done and as suspected, the
primary pollutant on the site was lead. They presented three options for dealing with the
contamination. After review the three Council agreed that option “C” was the best choice.
Councilmember Sanger asked whether the measures taken on the site would be maintained by
future owners. Mr. Locke responded that there would be provisions in place that would run with
the property in perpetuity. Annual reports would also have to be presented to the MPCA by any
future owners.
Councilmember Sanger was also concerned that the tow lot is an eyesore. She would like the lot
moved out of St. Louis Park.
Mayor Jacobs disagreed saying that it was important for both our police and residents to have the
tow lot located within the city limits.
Councilmember Santa suggested landscaping to screen the lot from the bike trail. She was also
sensitive to the residents who were located close to the site which was to be zoned IP.
Councilmember Sanger was concerned about the rail connection and that it be maintained at that
location. The developer responded that there were no plans which would affect the rail line in
any way.
Mr. Hunt informed the council that the proposed environmental response action plans for the site
will proceed and grant applications will be submitted to DEED, Met Council and Hennepin
County. Required resolutions authorizing the submission of these grants will be brought to the
EDA for formal consideration in April so as to allow the applications to be submitted by the May
1 deadline.
5. Communications
Mr. Harmening provided an update on lobbying efforts for Hwy 100 improvements.
Councilmember Santa informed council about an upcoming Metro Transit Authority Meeting
occurring on April 12th.
6. Adjournment
The meeting adjourned at 9:00 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
041805 - 3e - SS Minutes 4-4-05
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
April 4, 2005
The meeting convened at 8:39 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa,
Sally Velick and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), City Engineer (Ms. Hagen), Engineering Project
Manager (Mr. Olson), Public Works Director (Mr. Rardin) and Recording Secretary (Ms.
Stegora-Peterson).
1. Review of Bikeways Improvement Project – Project No. 2001-1000
Ms. Hagen presented the report. Louisiana will be a designated bikeway.
Councilmember Basill asked why they were different? Ms. Hagen responded that the yellow
bike routes were for more experienced bikers. Some routes weren’t good for younger riders.
Councilmember Sanger asked if the $475,000 included the Hwy 25 pedestrian bridge or the
Hwy 100 off-road. Ms. Hagen responded no.
Councilmember Sanger asked if the estimate was for signs and striping only. Ms. Hagen
replied that was the amount in the budget, the figure would probably be less, but they hadn’t
gotten a good cost estimate.
Councilmember Sanger believed that was an astronomical amount for signs and striped lanes
and was not sure if that was the best use of their money. The money should go toward the
pedestrian bridge and better safety. They could post maps of designated bike trails without
using that money for signs.
Councilmember Finkelstein agreed.
Mayor Jacobs stated that people wanted a sense of where the main trails were.
Councilmember Sanger indicated a map had already been done and should be posted on the trails.
Mayor Jacobs agreed and thought they could also show the location of major roads, schools
and other landmarks or trail systems.
Councilmember Santa had heard an interest in signs as well. Hutchinson/Spur had no
signage and Three Rivers had not maintained it very well. Biking was a big deal on that
section and many people got lost.
Mr. Rardin stated that his last discussion with Ms. Walsh was that they were working with
Three Rivers on signage and other amenities since Three Rivers was the responsible party.
Councilmember Finkelstein thought they could get more “bang for their buck” installing
flashing lights for people to stop at major intersections.
St. Louis Park City Council Meeting
041805 - 3e - SS Minutes 4-4-05
Page 2
Mayor Jacobs had questions whether designated bike trail should be treated like pedestrian
crosswalks. There was a concern for safety when not all drivers stopped.
Other Councilmember’s expressed concerns about safety.
Councilmember Finkelstein believed the money would be better spent on flashing lights at
locations such as Wooddale, Texas and Virginia Avenues.
Councilmember Basill believed staff had done a nice project and it was important, but they
needed to prioritize. He would like to see signs with distance and directions, etc. as well as
safety component for drivers to know there were bikers. They could look at other projects
first and maybe do this later.
Mr. Harmening asked if cost was the primary factor or if they should get bids?
Ms. Hagen stated they hadn’t done a lot of analysis and wanted to see if this was the
direction the Council wanted to go. It could be a lower figure; bidding would not be an issue.
Councilmember Sanger thought this was not a big priority. Anything short of designated
bike lanes did not meet safety regulations. Would this encourage people to bike there when
they shouldn’t? She requested a legal opinion.
Ms. Hagen indicated that bike routes met the established criteria for more experienced riders,
but didn’t mean they were safer.
Mayor Jacobs thought some people needed more education on the trails descriptions. There
needed to be better signage telling people location, landmarks, etc.
Councilmember Finkelstein asked if that was something businesses could sponsor?
Councilmember Sanger believed they needed to differentiate signs with locations and if this
was a bikeway, etc. She wanted to know if there would be a liability?
Mr. Harmening believed what he was hearing was that the Council though this was not a
high priority at this time, yet they had an interest in better signage along the regional route
and concerns about the Wooddale, Beltline and Virginia crossings. They would look at the
crossings identified further and talk with Three Rivers about maintenance.
Councilmember Santa expressed concerns about visibility at those crossings.
Councilmember Finkelstein suggested a public/private partnership for the signs.
Mayor Jacobs believed that was worth exploring further.
Councilmember Santa asked what the “cloud” segments were on the map? Ms. Hagen
responded that was where the trails could extend to other communities. Should they pursue
this with other communities?
St. Louis Park City Council Meeting
041805 - 3e - SS Minutes 4-4-05
Page 3
Mayor Jacobs thought they could work with other communities as well.
Councilmember Sanger indicated they could also show where other trails connected.
2. Adjournment
The meeting adjourned at 9:00 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
041805 - 3f - SS Minutes 4-11-05
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
April 11, 2005
The meeting convened at 7:00 p.m.
Councilmembers present: John Basill, Susan Sanger, Sue Santa, Paul Omodt, Phil Finklestein and
Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening); City Engineer (Ms. Hagen); Public Works Director
(Mr. Rardin); Public Works Coordinator (Mr. Merkley); City Clerk (Ms. Reichert).
1. Excelsior Blvd West Reconstruction Project
Staff and representatives from Hennepin County Transportation Department met with council to
review possible design options Excelsior Boulevard. Maria explained the option staff was
proposing to take to the neighborhood which allowed for access for homes to the South of
Excelsior Boulevard and West of Dakota Ave.
Councilmember Sanger did not want to see a forced u-turn for those residents to access their
homes. She would prefer to move the large electrical standard on the northeast corner of the
Methodist Hospital entrance. Councilmember Basill stated that that option had been considered,
but was much too costly to pursue. Mayor Jacobs agreed with that assessment.
Guy Nowlin, of Hennepin County, assured council that the u-turn proposed would be protected
from conflicting traffic movement by a signal.
Councilmember Finklestein did not believe the proposal was ideal, but felt it was the best option
given all factors that needed to be considered.
Maria stated that next steps would be to discuss the proposal with the affected neighbors.
Ms. Hagen also asked for council input on proposed closure of Excelsior Boulevard and Zarthan.
Staff and the residents have concerns that traffic trying to reach the gas station at that location
would filter into the neighborhoods. If the intersection were not to be closed, the median width
would need to be reduced limiting options for landscape improvements along that section of the
corridor. Given the balance between aesthetics and safety, council opted to keep the intersection
open to allow for traffic to reach the gas station.
Councilmember Sanger asked where we were with formation of the Special Service District in that
area. Mr. Harmening responded there is to be a public hearing in May. Mr. Merkley added that
he is meeting with business owners in the very near future to discuss the benefits.
Councilmember Basill informed the group that there is some neighborhood conflict regarding
closing access to Excelsior on the north side at Dakota. It is shown as an open intersection, but
some neighbors are requesting that the road be closed. There are still neighborhood discussions
going on. He asked Mr. Nowlin, if the neighbors were to request closure, would the county pay
for that portion of the project. Mr. Nowlin responded that the county is satisfied with the plan as it
is presented. He could not assure council that the county would pay for additional work beyond
what has been proposed.
St. Louis Park City Council Meeting
041805 - 3f - SS Minutes 4-11-05
Page 2
2. Review of Prelim Feasibility Studies for Flood Improvement Areas #24, 25, & 26
Ms. Hagen introduced Steve Klein of Barr Engineering who offered a “stormwater 101”
presentation to the council. Councilmember Finklestein had suggested that council be brought up
to speed regarding some of the more technical aspects of the flood improvement program. He was
questioning the philosophical premise of why the city was undertaking these projects.
Mr. Rardin gave a brief history of the program and progress made so far. Councilmember Sanger
added that the program was only intended to address flooding from “public” waters. Twenty-two
projects had been initially identified, and more were being addressed as they were discovered.
The city was also taking care to make improvements and upgrades whenever the possibility arose,
such as when new development occurred.
Mr. Harmening stated there were some concerns about funding for the areas 24, 25 and 26. As
projects were identified they should become part of the CIP. He also asked if council was
comfortable with continued study of improvements to the Dakota Park area. Council agreed and
directed staff to continue their study at that location.
3. Council Policy Discussion
Ms. Reichert presented the list of holidays Council normally observes for council review. Council
discussed the possibility of eliminating Sukkot and Shavuot from the holiday calendar. They
would first like to discuss with Councilmember Velick, who was not present for the discussion.
They also asked that staff be sensitive to holidays when scheduling various meetings in the city.
Council also reviewed an email use policy produced by the League of MN Cities and discussed
record retention issues.
4. City Manager Report on Organizational Issues
Mr. Harmening updated council on issues related to fleet, technology, the website and an
administration department study currently underway.
5. Communications
Mr. Harmening informed council about a controlled burn to take place at the Nature Center.
Councilmember Sanger expressed concern about proposed changes to the Stonebridge
Development Contract which were outlined in a written report council had received that evening.
Several councilmembers shared those concerns and would like to discuss further before agreeing
to any changes.
6. Adjournment
The meeting adjourned at 9:50 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
041805 - 4a - Appliance Collection amendment
Page 1
Background: Under the current residential solid waste collection contract, Waste Management
must provide appliance collection service to residents. Until recently, Waste Management
subcontracted appliance collection to ARCA, located nearby in Hopkins. As of this month,
ARCA is no longer in the business of appliance collection. Therefore, Waste Management will
begin directly providing appliance collection for residents.
Under the contract, appliance collection occurs every business day, Monday through Friday, on
the regularly scheduled day of collection. Waste Management has proposed appliance collection
be revised to occur twice per week, on Tuesday and Thursday. This proposal gives the resident
two choices of collection day rather than only one. The same number of appliances could be
collected each week. The cost would remain the same and the resident will continue to be
charged directly by Waste Management.
Staff provided a summary of this proposed change as part of the March 28 City Council study
session packet.
Discussion: The advantage to the residents in changing to twice weekly collection is that each
household has two opportunities per week to have an appliance collected rather than one (their
scheduled collection day). Another indirect advantage is that the appliance truck would be
traveling the streets in the city only two days per week rather than five. The other three days
there would be one less hauling truck on our streets. In the long term moving to two day per
week appliance collection will allow for more cost effective service for the City.
The City Attorney has reviewed and approved the attached contract amendment.
Staff asks that Council approve the attached contract amendment modifying the residential solid
waste collection and disposal contract to allow the hauler to collect appliances twice weekly
within the City of St. Louis Park.
Prepared by: Scott Merkley, Public Works Coordinator
Sarah Hellekson, Public Works Administrative Assistant
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
4a. Motion to approve the Proposed Appliance Collection Change affecting the Solid
Waste Contract
St. Louis Park City Council Meeting
041805 - 4a - Appliance Collection amendment
Page 2
CITY OF ST. LOUIS PARK
AMENDMENT NO. 1 TO
RESIDENTIAL SOLID WASTE
COLLECTION AND DISPOSAL SERVICES
CONTRACT NO. 101-03
THIS AMENDMENT NO. 1 is made on April 18, 2005, by and between the CITY OF
ST. LOUIS PARK, Minnesota, and WASTE MANAGEMENT OF MINNESOTA, INC.
BACKGROUND. The parties have previously entered into Contract No. 101-03 to set
forth terms and conditions for the collection, hauling, recycling and disposal of residential solid
waste within the City of St. Louis Park. Pursuant to communications between the City and
Waste Management of Minnesota, Inc., it has been determined that it is in the best interests of
both to amend the contract to include certain other provisions thereto.
NOW, THEREFORE, in consideration of the above facts and mutual covenants herein
contained, it is hereby agreed as follows:
1. Section 3.2(e) which currently reads as follows:
e) Routing. Contractor shall provide all collection services to households on
the days they are currently serviced. Contractor shall not change any
routes without the prior approval of the City. Interference caused by road
or utility projects will not excuse the obligation to provide service except
upon prior approval of the City. The Contractor will provide alternative
service at no additional charge as directed by the City. Contractor will
have current routing maps in every truck at all times.
is amended to read:
e) Routing. Except for Appliance Collection Services as set forth in Section
3.7(b) herein, Contractor shall provide all collection services to
households on the days they are currently serviced. Contractor shall not
change any routes without the prior approval of the City. Interference
caused by road or utility projects will not excuse the obligation to provide
service except upon prior approval of the City. The Contractor will
provide alternative service at no additional charge as directed by the City.
Contractor will have current routing maps in every truck at all times.
2. Section 3.7(b) which currently reads as follows:
b) Frequency of Collection. Contractor shall provide service to residential
dwellings selecting this option at least once a week for the term of the
contract. Collections shall take place on the same day of the week as the
household’s refuse and recycling pickup, or within 24 hours of the regular
collection time.
St. Louis Park City Council Meeting
041805 - 4a - Appliance Collection amendment
Page 3
is amended to read:
b) Frequency of Collection. Contractor shall provide service to residential
dwellings selecting this option on Tuesday and Thursday of each week for
the term of the contract.
3. All other provisions of Contract No. 101-03 shall remain unchanged and fully
effective, and this Amendment shall become an integral part thereof.
IN TESTIMONY WHEREOF, the parties hereto have caused this Amendment No. 1 to
Contract No. 101-03 to be executed by their respective duly authorized officers.
CITY OF ST. LOUIS PARK WASTE MANAGEMENT OF
MINNESOTA, INC.
By _______________________________ By
____________________________________
Jeffery W. Jacobs, Mayor
Its__________________________________
____
By _______________________________
Thomas K. Harmening, City Manager
By_________________________________
_____
Attest:
Its__________________________________
____
__________________________________
Cynthia D. Reichert, City Clerk
St. Louis Park City Council Meeting
041805 - 4b - Contract Emery's Diseased Tree Removal
Page 1
4b. Motion to determine that North Star Tree Care, Inc. is not a responsible bidder
and designate Emery’s Tree Service Inc. as the lowest responsible bidder, and
authorize execution of a contract for the 2005 private diseased tree removal
program in an amount not to exceed $515,525.00.
Background: The City had previously approved North Star Tree Care, Inc. as the 2005
contractor to removed diseased trees on private property. North Star Tree Care is unable to
obtain a performance bond which disqualifies them as a responsible bidder. Thus, we are
recommending Emery’s Tree Service. Emery’s has provided good service for the City of St.
Louis Park in the past.
The City’s role in this process is to administer the program which includes management of the
contract, preparing official notices, billing the homeowners, establishing a timely schedule for
the removals and providing a follow-up inspection. As in previous years, an updated brochure
explaining the City’s removal program has been prepared and will be distributed to all affected
property owners at the time their diseased trees are identified by staff.
The 2005 Dutch elm disease bids reflect projected costs for the removal of 1,014 average-size
private trees. Property owners will reimburse the city for the entire cost of private tree removals.
In 2004, there were 1,150 private trees removed in St. Louis Park by a contractor due to Dutch
elm disease.
The approved bid prices will also be used to calculate costs in cases where property owners
refuse to comply with the official removal notice. In all other cases, homeowners will be allowed
to solicit their own private bids and may choose to have the work performed by a different
licensed contractor at their expense.
Bid Analysis: Bid packages for the 2005 private diseased tree removal contract were mailed out
in early January to 19 tree firms. Bids were opened on February 2, 2005 at City Hall. Two bids
were subsequently received in the amounts as follows:
North Star Tree Care, Inc. $ 447,760.00
Emery’s Tree Service, Inc. $ 515,525.00
Recommendation: City staff has declared North Star Tree Care, Inc. ineligible as they were
unable to obtain a performance bond which is a requirement of the contract. Staff is
recommending Emery’s Tree Service, Inc. as they have successfully performed previous private
diseased tree removal contracts for the City.
Prepared by: James Vaughan, Environmental Coordinator
Cindy S. Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 1
4c. Motion to adopt resolution granting Qwest Corporation (Ulteig Engineers) an
easement to locate telecommunication equipment cabinets and related
appurtenances on a portion of City Hall property along the northern boundary of
the property along 5005 Minnetonka Boulevard. Case No. 05-13-RE.
Background:
Qwest Corporation has requested a 5-foot by 312-foot easement south of the right-of-way along
Minnetonka Boulevard, and a 10-foot by 20-foot easement at the easterly point thereof. The
easement will be located along the northern boundary of the City Hall property located at 5005
Minnetonka Boulevard. The City will retain the fee title to the property. The proposed
easements are adjacent to and south of the right-of-way along Minnetonka Boulevard. The
purpose of the easement is to install communication equipment cabinets and related
appurtenances such as electric power sources and meters for the purpose of improving digital
subscriber line (DSL) communication service in the surrounding area. Ulteig Engineers, Inc. has
determined the location of and staked the requested easement with the assistance of Public
Works staff. Public Works staff has subsequently reviewed and approved of the proposed
location. Staff concludes that the proposed uses will not interfere with existing uses in those
locations.
At the westerly edge of the proposed easement is an existing easement to Qwest Corporation for
purposes similar to the proposed easement. The 5-foot by 312-foot easement will be used
primarily for the purpose of installation of underground utilities connecting the new DSL
cabinets to existing telephone cabinets on the westerly portion of the easement, while the 10-foot
by 20-foot easement will be used for the installation of communication equipment cabinets.
Documents provided by Ulteig Engineers, Inc., indicate that the proposed cabinets will be
approximately 5 feet in height and measure approximately 3 feet by 3 feet. Screening of cabinets
is required by City Code. The installation will impact an existing tree that is already scheduled
for removal due to disease concerns. The utility line connections between the existing westerly
cabinet and the new easterly cabinet will be completed through a directional bore, removing the
need for a trench. The directional bore will have minimal impact on existing vegetation.
The City Assessor has determined that the value of the easement is $2000.00. The City has
received a check from Ulteig Engineers, Inc. in that amount. The attached easement documents
indicate the location of the proposed telecommunications easement together with a survey of the
City Hall property at 5005 Minnetonka Boulevard.
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 2
Proposed Easement Location:
Recommendation:
Staff asks that Council approve the attached Resolution granting a telecommunications easement
over the northern portion of the City Hall property located at 5005 Minnetonka Blvd
Attachments: Resolution
Proposed easement document
Maps indicating easement location
Prepared by: Adam W. Fulton, Associate Planner
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 3
RESOLUTION NO. 05 - 062
RESOLUTION GRANTING TELECOMMUNICATIONS EASEMENT
OVER PORTION OF CITY HALL PROPERTY
NORTHERN BOUNDARY ALONG 5005 MINNETONKA BOULEVARD
WHEREAS, the City Council has received a request for easement for
telecommunications purposes over the northern boundary along 5005 Minnetonka Boulevard as
described below; and
WHEREAS, the City Council has determined that the granting of said easement will not
hinder the use of City Hall for its intended public purposes, and that it is for the best interest of
the public that said easement be granted;
NOW THEREFORE BE IT RESOLVED, that the City of St. Louis Park grants the
following described easement within the corporate limits of the City of St. Louis Park:
Description of Property:
The West 5/8 of the Northeast Quarter of the Northwest Quarter and the East 1/8 of the
Northwest Quarter of the Northwest Quarter of Section 6, Township 28, Range 24, except
the East 250 feet of said premises and except the West 250 feet of said premises,
excepting that portion taken for road or highway purposes.
Description of Easement:
An easement for telecommunication purposes over, under and across the herein before
described property, described as follows:
Commencing at northeast corner of said Northwest Quarter of Section 6; thence
North 89 degrees 52 minutes 11 seconds West 845.15 feet along the north line
of said Northwest Quarter of Section 6; thence South 00 degrees 07 minutes 49
seconds West 33.00 feet to the point of beginning for the easement to be
described; thence continuing South 00 degrees 07 minutes 49 seconds West
20.00 feet; thence South 89 degrees 52 minutes 11 seconds East 10.00 feet;
thence North 00 degrees 07 minutes 49 seconds East 20.00 feet; thence North
89 degrees 52 minutes 11 seconds East 10.00 feet to the point of beginning.
Contains 200 square feet, more or less.
An easement for telecommunication purposes under and across the herein before
described property, which lies 5.00 feet southerly of the following described line:
Beginning at the point of beginning for the herein before described easement;
thence North 89 degrees 52 minutes 11 seconds East 312.32 feet to the east line
of the existing easement shown in C.R. Doc. No. 1408474 and said line there
terminating.
It is intended that the sidelines of the last described easement be extended or shortened to
intersect with said east line of the existing easement shown in C.R. Doc. No. 1408474.
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 4
Contains 1,562 square feet, more or less.
The purpose of the easement is restricted to telecommunication equipment cabinets and related
appurtenances such as electric power source and meter.
BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor
and its City Manager to execute an Easement Agreement for said easement on behalf of the City.
Reviewed for Administration: Adopted by the City Council April 18, 2005
City Manager Mayor
Attest:
City Clerk
CommDev/Res-ord/2005: 05-13-RE
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 5
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
CORPORATE EASEMENT
The undersigned (“Grantor”) for and in consideration of $2000.00 (Two Thousand) and other good
and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and
convey unto QWEST CORPORATION, a Colorado corporation (“Grantee”), whose address is 1801
California St., Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees,
and agents, a perpetual non-exclusive easement to construct, modify, add to, maintain, and remove
such telecommunications facilities and related appurtenances, from time to time, as Grantee may
require upon, over, under and across the following described property situated in the County of
Hennepin, State of MINNESOTA, which Grantor owns or in which Grantor has an interest
(“Easement Area”), to wit:
An easement which is described in its entirety on EXHIBIT "A" which is attached hereto and by
this reference made a part hereof, all of which is situated in the NW ¼ of Section 6, Township 28 N,
Range 24 W, of the 4th P.M.
Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area, using only
the most direct route, during all periods of construction, maintenance, installation, reinforcement, repair and
removal, with the right to clear and keep cleared all trees and other obstructions as may be necessary for
Grantee’s use and enjoyment of the Easement Area.
The purpose of the easement is restricted to telecommunication equipment cabinets and related
appurtenances such as electric power source and meter.
Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee’s negligent
exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental
contamination, which is either pre-existing or not caused by Grantee.
Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent
with the rights herein granted.
R/W # __________ Initial__________
Page 1 of 3
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 6
Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the
Easement Area. Grantor will warrant and defend title to the Easement Area against all claims.
Grantor hereby covenants that no excavation, structure or obstruction will be constructed or permitted on
the Easement Area and no change will be made by grading or otherwise that would adversely affect
Grantee's use and enjoyment of the Easement Area.
The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the
benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
Any claim, controversy or dispute arising out of this Agreement may be settled by arbitration in accordance
with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the
county where the Easement Area is situated.
STATE OF Minnesota______________) ss:
COUNTY OF Hennepin_____________)
The foregoing instrument was acknowledged before me this ___ day of ________________, 2005, by
_________________________________as City Manager of the City of St Louis Park, a corporation
under the laws of the State of Minnesota, real property in Hennepin County, Minnesota.
Witness my hand and official seal:
[NOTARY SEAL]
_______________________________________
Notary Public
My commission expires: ___________________
Page 2 of 3
GRANTOR City of St. Louis Park GRANTOR City of St. Louis Park
Its. City Manager Its. Mayor
St. Louis Park City Council Meeting
041805 - 4c - Qwest Easement
Page 7
STATE OF Minnesota______________) ss:
COUNTY OF Hennepin_____________)
The foregoing instrument was acknowledged before me this ___ day of ________________, 2005, by
_________________________________as Mayor of the City of St Louis Park, a corporation under the
laws of the State of Minnesota, real property in Hennepin County, Minnesota.
Witness my hand and official seal:
[NOTARY SEAL]
_______________________________________
Notary Public
My commission expires: ___________________
This Instrument Drafted By: RECORD AND RETURN TO:
Qwest Corporation Ulteig Engineers
1801 California St., Suite 5100 5201 East River Road, Suite 308
Denver, CO 80202 Minneapolis, MN 55421
R/W No.: Job No.: 41MK997
Exchange: Beard County: Hennepin
1/4 Section: NW Section: 06 Township: 028 N Range: 24 W
Page 3 of 3
St. Louis Park City Council Meeting
041805 - 4d - Small Home Acquisition HA
Page 1
4d. Motion to approve a resolution authorizing the St. Louis Park Housing Authority
to administer the Small Home Acquisition Pilot with Expansion (SHAPE)
program.
Background:
On January 18, 2005, six “Move Up in the Park Program” ideas were presented and discussed
with the Council. The Council directed staff to implement 5 of the components and further
refine the Small Home Acquisition Pilot with Expansion program (SHAPE). The purpose of the
SHAPE program is to enhance the City’s ongoing efforts to facilitate and promote the expansion
of existing housing to create larger family homes.
At the March 14, 2005 Study Session the Council supported the implementation of the SHAPE
program. Council directed staff to attempt to locate program homes throughout the city and use
existing Home Renewal Program design guidelines to ensure that homes are compatible with the
homes in the surrounding neighborhood.
The St. Louis Park Housing Authority (SLPHA) currently administers the Home Renewal and
Home Renewal Lite Programs, and Council supported the SLPHA’s administration of the
SHAPE program.
Small Home Acquisition/Expansion Program
The concept of this program is to move beyond the City acquiring only blighted and substandard
homes, to acquire small homes suitable for expansion. These homes would be resold to builders
willing to remodel and expand them. The program is an effort to increase the number of large
family homes. The City effort would compliment private remodeling activity already occurring,
by enabling private builders to redevelop homes where the remodeled home would exceed the
price of surrounding properties. This program would create large homes where the private sector
does not – where the high purchase price of small homes and the high cost of construction to
expand the homes results in a total project cost that exceeds the neighborhood’s home values.
Homes Eligible to Be Acquired.
1. Homes with prices below the current city median sale price would be acquired. Staff
estimates the average purchase price would be $200,000.
2. All sales would be of a voluntary nature.
3. The pilot and related funding would limit the scope of the program to 5 homes.
4. To the extent possible, homes would be scattered throughout the city.
Target Market.
1. Seniors living in small single family detached homes where homes could be remodeled
expanded and resold to families.
2. Seniors willing to sell their home at a fair market price less realtor costs. Seniors would
benefit by avoiding the hassles of selling and repairing homes to Point of Sale Inspection
standards.
St. Louis Park City Council Meeting
041805 - 4d - Small Home Acquisition HA
Page 2
3. Marketing of this program will include the distribution of information in the utility bill
mailing, annual update to senior groups at Lenox and NORC along with general
distribution of program flyers & brochures, and articles in Park Perspective and
information on the City’s webpage. Homes meeting program criteria will be selected on
a first come first serve basis.
4. Buyers would be families wanting large family homes ready to move-in with a price
point between $300,000 - $350,000.
Program Process and Costs
The primary components of this program are based on the Home Renewal and Home Renewal
Lite programs which are administered by the St. Louis Park Housing Authority. Staff proposes
that the SHAPE program also be administered by the Housing Authority. With the Home
Renewal programs the selection of properties, acquisition of property and process of sale to a
builder has proven workable. The essential components of the program are noted below.
1. Potential properties would be evaluated for their suitability for expansion based on:
a. Setback requirements that would allow expansion.
b. Condition of the structure.
c. Estimated costs.
§ Purchase price. The fair market appraisal price less the cost of realty fees
would be the base for negotiations.
§ Estimated market value of remodeled home.
§ Gap between cost of project (purchase price + remodel and expansion) and
resale price would not exceed $30,000.
§ An example of a project cost is outlined below:
Type of Cost Amount
City acquisition costs $200,000
Builder construction costs $150,000
Total costs $350,000
Estimated market value of remodeled home $325,000
City subsidy (Gap) $25,000
2. If the home is deemed suitable for expansion with a City subsidy of $30,000 or less, the
City would purchase the home, set design standards, solicit bids from builders, and sell
the home to a private builder. In the event no private builder can be found to buy and
remodel the home to City design standards, the City could either sell the home as is or
contract with the Center for Energy & Environment to remodel and sell the home.
Total SHAPE Program Costs
1. It is anticipated that the market value of the remodeled homes at resale may not be high
enough to cover the City’s and the builder’s costs. It is projected that the short fall will
be about $30,000 per home, including legal, administrative and evaluation costs of
$3,500 per home.
2. The maximum city subsidy per home would be $30,000.
St. Louis Park City Council Meeting
041805 - 4d - Small Home Acquisition HA
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3. Total city pilot costs would be 5 homes x $30,000 or $150,000.
4. Pre-1979 TIF dollars may be used for funding this program if the buyers’ income is at or
below 120% of the median area income.
The Council has approved the 2005 Housing Rehabilitation Fund Budget of $490,000. The
approved 2005 amount include funds for the Move Up in the Park program initiatives, including
the SHAPE program. No additional moneys need to be budgeted to fund this imitative.
Table 1. Total Move Up in the Park Program Costs including SHAPE
Move Up Initiative Number Unit Cost Admin Total
Rehab Advisor 100 visits $130 $13,000 $13,000
Design Services 50 visits $225 $11,250 $11,250
Workshops 5 $500 $2,500 $2,500
Remodel Tour 1 $3,500 $3,500 $3,500
Program Marketing $3,000 $3,000
Transformation Loan: Admin 10 loans $470 $4,700 $4,700
Transformation Loan: Pool 10 loans $25,000 $250,000
Small Hm Acq Pilot: Admin 5 homes $3,500 $17,500 $17,500
Small Hm Acq Pilot: Subsidy 5 homes $26,500 $132,500
Totals $55,450 $437,950
Attachments: Resolution Authorizing the St. Louis Park Housing Authority
Administer the Small Home Acquisition Pilot with Expansion Program.
Prepared By: Kathy Larsen, Housing Programs Coordinator
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
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RESOLUTION NO. 05-063
RESOLUTION AUTHORIZING THE ST. LOUIS PARK
HOUSING AUTHORITY TO ADMINISTER THE SMALL HOME ACQUISITION
PILOT WITH EXPANSION PROGRAM.
WHEREAS, the City Council of St. Louis Park desires to implement a program for the
acquisition and expansion or existing housing called the SMALL HOME ACQUISITION
PILOT WITH EXPANSION (SHAPE) program; and
WHEREAS, the SHAPE Program is consistent with the recommendations of the
Housing Summit 2004, Strategic Plan for Economic Development and the recommendations
made by Vision St. Louis Park.
NOW THEREFORE BE IT RESOLVED by the City Council as follows:
1. The City Council approves use of the HOME RENEWAL Program Guidelines as
the model for the SHAPE program.
2. Until further notice, the City Council authorizes the Housing Authority of St.
Louis Park to administer the SHAPE Program on behalf of the City.
3. $150,000 of Housing Rehabilitation Funds are to be used for this program.
4. Up to five projects may be undertaken using the Housing Rehabilitation Funds.
5. The Housing Authority will be required to provide periodic status reports to the
City Council regarding the SHAPE Program.
6. The City Council directs staff to prepare any other documents necessary to allow
the Housing Authority to carryout the SHAPE Program.
Reviewed for Administration: Adopted by the City Council April 18, 2004
City Manager Mayor
Attest:
City Clerk
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4e. Motion to approve Proposed Sublease of Free Standing Communications
Antenna with Sprint Spectrum L.P. (Sprint) - City Contract No. 68-99
Background: On December 20, 1999 the City Council approved a lease agreement (City
Contract No. 68-99) between the City and Sprint for space west of the groundwater treatment
facility at 7120 W. Lake Street for a free standing communications antenna for an initial lease
term for five (5) with an option of four (4) additional five (5) year renewal terms.
Sprint is currently in the second term of the lease which extends through the December 31, 2008
and they are current with their lease payments to the City.
Discussion: Sprint has recently entered into an agreement with Global Signal to sublease from
Sprint it’s interest in the lease and to manage the existing tower on Sprint’s behalf. Accordingly,
Global Signal will assume Sprint’s obligation under the lease.
The City Attorney has reviewed the attached sublease agreement prepared by Sprint and found it
acceptable.
Staff asks that Council approve the attached sublease agreement titled “Agreement Regarding
Ground Lease (Exhibit A).
Attachment: Sublease Agreement (Supplement)
Prepared by: Scott Merkley, Public Works Coordinator
Through: Michael P. Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
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OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF DECEMBER 2, 2004
7:00 PM ST. LOUIS PARK COUNCIL CHAMBERS
MEMBERS PRESENT: Rick Dworsky, Dale Hartman, Ken Huiras, Bob Jacobson, Mary
Jean Overend and, Rolf Peterson
MEMBERS ABSENT: Bruce Browning
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community
TV Coordinator; Amy Stegora-Peterson, Recording Secretary
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator
1. Call to Order
Chair Huiras called the meeting to order at 7:00 PM.
2. Roll Call
Present at roll call were Commissioners Dworsky, Hartman, Huiras, Jacobson,
Overend and Peterson.
3. Approval of Minutes for August 19, 2004
It was moved by Commissioner Jacobson, seconded by Commissioner Overend, to
approve the minutes of August 19, 2004, as presented.
The motion passed 6-0.
4. Adoption of Agenda
5. Old Business
A. Renewal update
Mr. McHugh reported that staff met with Time Warner Cable to go over several points.
The School District indicated they were planning to transition audio and video signals to
their own fiber optic network, but they haven’t done it yet. Once they have done that,
they don’t need the traditional institutional network and then Time Warner could go
ahead with whatever plans they had in mind. Time Warner indicated they wanted to use
different technology to transport the signals of the local channels back to their building to
send out to subscribers. Time Warner would be in contact with the School District on
the transition for the institutional network.
Mr. McHugh indicated that Mr. Dunlap met with Time Warner about the Emergency Alert
System and saw a demonstration of the improved capability to use it with digital service.
Mr. Dunlap stated that Time Warner staff conducted an emergency alert system test.
They showed him the procedure which was a little more involved than the analog system
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test. Analog channels were 2-75, which most people with cable were watching. The test
that they conducted was for digital channels 200-2000. The franchise called for an alert
system to notify people of an emergency, typically related to weather, police or fire. The
test of the digital alert system put a text crawl on the screen that would say for example,
“Please tune to “x” channel for more information.” They would map it to the Civic
channel and would have a generic screen stating what kind of emergency was occurring.
The Police or Fire Chief could be shown live on the Civic channel and explain the
emergency and what residents should do. The digital alert test was not as easily
accomplished as the analog system that Police dispatchers had already been trained to
use. Staff proposes to test at an appropriate time and at a minimum of inconvenience to
customers. The system would electronically be mapped to the St. Louis Park area out of
the Hennepin County system. The message would say that it was an alert for Central
Hennepin County, it can’t be modified to say that the City of St. Louis Park is the source
of the alert message.
Commissioner Peterson asked if it was just video or was it audio too? Mr. Dunlap
replied it was both video and audio. The visual information was canned information that
they couldn’t control, other than specifying the channel to tune to. The audio file
paralleled the visual text.
Chair Huiras asked if dispatch would do this? Mr. Dunlap responded that they would
make sure the Police and Fire management had a chance to let them know what made the
most sense. In the case of a severe emergency situation, dispatchers would probably be
very busy and unable to make the announcement. For a situation such as a weather
emergency, he thought the police dispatchers would be the appropriate people to
implement. If he were at work, he would make weather announcements, but he would
develop a policy with emergency personnel that would be clear about who should make
these announcements.
Chair Huiras asked if the analog alert would still be done by the dispatchers or if it could
be done remotely? Mr. Dunlap responded yes to both questions.
Commissioner Jacobson asked if Time Warner would notify the subscribers of this
activity? Mr. Dunlap said he was holding off notifying residents until he knew it worked.
When the tests are done and the policy is ready, the alert system could be publicized in
the newsletter or on the cable show.
Commissioner Jacobson asked if school closings constituted an emergency? Mr. Dunlap
responded he hadn’t thought to apply it to that. It would be less cumbersome for people
to look on their local channels for that information.
Commissioner Overend asked if they were linked to Hennepin County for a national
emergency? Mr. Dunlap replied that this alert system was linked.
Mr. McHugh stated that another item they discussed was customer service. Mr. Dunlap
gave a proposal to Time Warner with two parts. One would describe in general terms the
type of role that Mr. Mattern played helping the city and subscribers solve customer service
issues. There would be the equivalent of that contact that could solve the problems.
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Mr. Dunlap added that the second item referred to policies that Time Warner had in
writing. The second, “upon request Time Warner would provide the City a copy of their
written policy…if they had a policy that pertained to the item in the complaint.” It was to
be sure the company followed their normal procedures. If they didn’t apply the policy as
clearly as they should have, the benefit of the doubt should go to the customer. The vast
majority of complaints received are given to Mr. Mattern who reviews them and works
with the customer to come to an agreement.
Mr. McHugh indicated another item discussed was listing of local channels on Time
Warner Cables channel guide, which was currently available only on the digital service or
if you have a converter box and subscribe to navigator services. Time Warner proposed
that they have a five-character channel description and a 17-character space displayed as
channel listings go by that says something about the local channel. If you select the
“info” button on the remote control, there is a three-line display, which may provide more
information on programming as well as contact information. These displays are only
available on the digital service.
Mr. McHugh stated the last item discussed was local production issues and local
origination and the equipment that went with it (ex. studio and production van). The City
proposed that the local origination library, equipment inventory and van inventory be
transferred to the City who was planning to assume responsibility for local origination
programming in the City. Time Warner responded that they hadn’t finalized their plans
for local origination in the city. The City hadn’t seen anything in writing that laid out
what would be continuing. The City proposed to continue in much the same manner as
Time Warner had up to this point. The City may be able to work out an arrangement
with the School District to use the districts studio, which hadn’t been discussed with the
School District yet. Staff also plans to continue using Time Warner’s studio in St. Louis
Park. Mr. McHugh said that they would want the Time Warner studio equipment
transferred to the access entities for use in a community studio setting. Almost
everything on the Time Warner studio inventory had been fully depreciated and was
purchased by previous franchise holders. Time Warner was going to respond to the
proposal. Staff met with Time Warner’s Lance Leupold and Paul Olivier, a consulting
engineer, who toured the facilities in City Hall and the School facilities. Mr. Olivier
emailed Mr. Leupold that “within the constraints of what they were proposing for an
access fee that was for equipment purchasing, if you want to, along with the consulting
engineer, come up with a suggestion list of how that kind of money would be spent to
benefit the community for production equipment, they would be happy to receive it.”
Over the life of a 15-year franchise, the proposed access equipment fee adds up to
approximately $460,000 of equipment without a production van.
Mr. McHugh reported that the City proposed to Time Warner some cable television
related items they would like to have considered as part of the renewal, including running
fiber from existing locations of the police department (Meadowbrook community police
station and the Texa-Tonka community police station) to City Hall. This would probably
be using Time Warner’s existing plant, along with some new fiber. The third item was a
water tower on West 34th Street. The City had preliminary plans for a local area network
for a municipal wireless application for Police, Fire, Inspections and mobile laptops for
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those departments and remote meter readings for the City Utility Department. They were
looking forward to integrating fiber provided by Time Warner into the City’s future
technology plans, which would be good toward finalizing the franchise renewal.
Chair Huiras asked if they were including Meadowbrook COP shop, and Mr. McHugh
replied yes.
Chair Huiras asked if they were still looking at closing the customer service location on
Belt Line? Mr. McHugh replied that was proposed and the City responded if the
company was no longer requiring any franchise required services in their building, that
they could relocate the customer service within four driving miles of the City of St. Louis
Park. They currently have a customer service store in Richfield on Penn Avenue. The
City collected comments from residents and subscribers during the renewal comment
period, about how they felt if they had to leave the City to get a new converter or pay
their bill. There wasn’t much response.
Chair Huiras asked how much the studio was used? Mr. McHugh replied it was used
monthly or bi-monthly.
Chair Huiras asked how much use the customer service facility got? Mr. Mattern replied
whenever he had been there, there was someone there, although he didn’t believed it was a lot.
Commissioner Dworsky asked about bill and equipment drop-off? Mr. Mattern
responded that he didn’t have that information.
Chair Huiras asked if they could complete the renewal talks by February, when the
franchise expired? Mr. McHugh replied it was possible, but not likely, and that Council
could extend the franchise ordinance up to six months.
Commissioner Jacobson asked how the studio related to the renewal process? Mr.
McHugh replied that they wanted to make sure that a studio opportunity for St. Louis
Park was in any new franchise.
Commissioner Jacobson asked if studio use was for citizens, staff and students or was it
limited? Mr. McHugh responded that it would be available to the community. Typically
students in public schools had access to school district facilities. One-third of the school
children in St. Louis Park did not attend public schools.
Commissioner Jacobson suggested that quite a few video producers were going digital
and the analog equipment wasn’t being used, maybe they could make a deal to get some
of the equipment. It would be very appropriate for the community studio to use.
Chair Huiras asked if the Time Warner studio were closed, had they approached the
School District for the public to use the high school studio? Mr. McHugh replied that
November 15th the City used the high school studio for a community production. They
were required to do an insurance policy. They hadn’t discussed continuing to use the
studio. The production quality was as good as if they had done it at the Time Warner
studio, the studio was bigger and in a handicapped accessible building.
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Chair Huiras asked if private schools could use some of the equipment? Mr. McHugh
responded that they have offered production systems to a couple of private schools and it
depended on their staff and if they had time. They had given some schools packages
(camcorders, TV, VCR, etc.) and had gotten them back because they were not being
used. It was better to give them the opportunity to do studio productions.
Commissioner Peterson asked if there was a time limit when they used the high school?
Mr. McHugh replied they aimed to start after school let out. There wasn’t a specific need
to finish by a certain time, but it was convenient for them to be finished by six.
Commissioner Peterson asked if there was a cost to the City? Mr. McHugh replied no.
B. Emergency Alert System update
See Item A above. Chair Huiras asked if they would continue to test the system? Mr.
Dunlap replied yes, they would normally test the analog system the first Wednesday of
the month at 1:00. They hadn’t come up with a procedure for the digital, but he believed
it would be once or twice a year, and would work with Time Warner to determine that.
C. Time Warner Annual Filings
Mr. Dunlap stated the Finance Director Jean McGann indicated that the filings met
generally accepted accounting principals and she didn’t have any concerns. She thought
the table was a useful tool and a good way to track things such as the St. Louis Park
revenues. If this generated questions, they could have a future discussion.
Commissioner Dworsky indicated there were two areas where he had questions, the
increase in general administration expenses and in interest expenses.
Mr. Dunlap didn’t know the answer, but pointed out interest expense was much lower
than it was in 1998. Considerable upgrades to the system were done to offer services like
Road Runner and telephony, and that was possibly why those items increased.
Chair Huiras asked if Road Runner was included? Mr. Dunlap said that he was unsure if
Road Runner revenues would be included in these amounts.
Chair Huiras stated inclusion of Road Runner might be the explanation for the jump in
expenses from last year.
Mr. Dunlap indicated he would ask for clarification and send information by email or
provide it at the next meeting.
6. New Business
A. Time Warner Cable information on new cable rates and/or changes in the
channel line-up
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Mr. Mattern indicated there would be three changes, the addition of Nick Tunes, which
would be on 245, WRNB Radio on the music choice channels and they were duplicating
the TPT channels on the digital variety pack.
Chair Huiras asked if the franchise said that they needed to notify the customers 30 days
prior to the new rates? Mr. Mattern replied yes, he was unsure why they hadn’t received a
notice. There should have been something in the bill to notify them that rates were changing.
Chair Huiras asked if that was OK based on the franchise? It had always been a notification
separate from billing. Mr. Dunlap replied he didn’t know if it had always been that way, or
if it frequently had been that way. In terms of the notice, it was a federal law for notice 30
days prior to rate increase. He received his cable bill and with it the specified rate
adjustments.
Commissioner Dworsky asked if there would be anything about the significant increase
on the standard package? Mr. Mattern said there would not be an explanation within the
bill, and that the standard package increase was 4.9%. The price adjustments were due to
purchase of new equipment, increased programming costs, system improvements,
inflation, etc. and were based on FCC guidelines. They tried to keep it in the
neighborhood of 5%.
Mr. Dunlap indicated that the total for the standard package would go from $48.31 to
$50.69, an increase of $2.38. The access fee would be going down $.62, which would
offset some of the other increases.
Mr. McHugh asked if the only changes for channel additions and deletions were digital
and no changes to analog? Mr. Mattern replied yes.
Chair Huiras asked if these were new channels? Mr. Mattern replied Nick Tunes and
WRNB were new channels, TPT was a duplicate of channels that they already had.
Mr. Dunlap commented that most residents would see their bill going up between $2.40
and $4. The converter box fee was going up, but the digital access fee was being
eliminated for additional converters.
Commissioner Dworsky asked why the access fee decreased? Mr. Mattern replied that
last year Time Warner paid a $100,000 equipment grant and the access fee was increased
to cover the grant, which had now been paid for.
Commissioner Jacobson suggested that more information be put on the bill about the rate
changes being based on FCC guidelines. Mr. Mattern responded that the rate wasn’t just based
on FCC guidelines, there were other factors, and he could bring the issue to senior management.
Chair Huiras asked if there had been any installations of the digital phone service? Mr.
Mattern responded that they only had testers.
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Chair Huiras asked that the digital phone service information be included in the monthly
report that the Commission received. Mr. Mattern replied that he could and briefly
described the digital phone service.
Chair Huiras asked if they could get information on the digital phone service and how it
worked? Mr. Mattern responded that it goes into a router and gets attached to the phone.
Because it doesn’t not have a batter back up, if you lose power the phone would not work.
Commissioner Dworsky asked if they had thought about adding a battery backup? Mr. Mattern
replied he wasn’t sure, but thought they were probably considering it.
Commissioner Peterson asked if their network had battery backup? Mr. Mattern replied
yes, they were required to.
7. Reports
A. Complaints
Chair Huiras noticed that there again seemed to be complaints about people on hold for
long periods.
Mr. Mattern stated that there were a lot of new customer service representatives (CSR).
They were also getting more familiar with all of the products, in particular digital phone.
It was a problem because some customer service reps hadn’t been with them for very
long. It was a complicated group of products that they had to work with. They took a
little more time to explain how things were working and there were a lot of options.
People were also being taken off of the phones for additional training. They had another
groups of CSR’s that were just about ready to begin, hopefully that would make a
difference in the call times.
Commissioner Dworsky asked how many calls came in for a normal day? Mr. Mattern
replied they took about 2.5 million a year. The automated response unit was supposed to
help with frequently asked questions.
Chair Huiras asked if they could ask questions by email? Mr. Mattern replied a message
could be sent to a customer service representative. He thought one of the complaints
related to that as well.
Chair Huiras indicated he had tried a few times in the past and it didn’t work.
Commissioner Dworsky asked how many subscribers they had? Mr. Mattern replied
there were about 207,000 customers.
Commissioner Overend asked about the turn over? Mr. Mattern replied with that type of
position, there typically was a big turn over of employees.
6. New Business
B. School District Equipment Grant
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Mr. Dunlap reported that there were two options, the Commission could give 1/3 of the
$100,000 equipment grant to the School District and could act based on the report
provided, or the Commission could lay this over to the next meeting for more discussion
with the School Board. Their proposal was about $31,000 of which the biggest was
$22,000 to replace two cameras in the TV studio. Equipment mentioned in the request
finished a three-year plan to refurbish the studio. The last equipment grant was two years
ago for $38,000. They had now spent all but $1,700 of that. The most recent $8,881 was
to purchase a personal title maker, a DVD recorder and player, stereo compressor, a
series of audio equipment and rack mount gear.
Commissioner Overend asked if it would be possible for the School Board to estimate the
cost if the public began using the Studio? Mr. McHugh indicated that the biggest concern
was that there were professionals to supervise studio use. At this point, there wasn’t
staffing to do that. If there were any municipal or community use, there would be at least
one employee there. He didn’t think that would be an additional cost, it would be
scheduled into a workday for a city employee.
Commissioner Peterson made a motion, Commission Dworsky seconded to approve a
$31,500 equipment grant for the School District. The motion passed.
C. Set Meetings for 2005
2005 meeting schedule: February 3, March-to be scheduled with City Council, May 5,
August 4; October 6 and December 8.
D. Work Plan for 2005
Chair Huiras indicated an item he would like to see added to the work plan was an update
of the by-laws from the City Clerk. Mr. Dunlap replied he would speak to the City Clerk
and put it in the next packet.
Chair Huiras reviewed the proposed 2005 work plan. He asked what the conference policy
was? Mr. Dunlap replied that came from the discussions for attending the National
Telecommunications Officers and Advisors national conference. The basis was to decide
who could attend the conferences and to form a policy. Typically there was money in the
budget for one commissioner to attend the national conference.
Commissioner Dworsky stated in October, assuming someone goes to the national
conference, they could report on the September conference at that time. He attended a
conference in Denver and heard about things you don’t hear at the state conference. There
is an ability to meet with people throughout the country and to be able to hear about their
cable systems. They heard from Comcast, Time Warner as well as national legislators.
7. Reports
B. MACTA Conference oral reports
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Mr. Dunlap noted that Mr. Browning and Scott Smith toured the City of Bloomington facilities.
Commissioner Dworsky stated that he toured the facilities and the Council Chambers were
very impressive. Their studio was small, but they also have a theater and an art gallery.
Chair Huiras asked if there was a legislative report? Mr. Dunlap replied yes, Senator Steve
Kelly was there to talk about how he helped pass a “clean up” bill to State law Section 238.
It would never have passed if he hadn’t carried it. The bill made it a lot easier any time a
cable system is sold to another company. The transfer process was extremely awkward
because State law conflicted with Federal law. That inconsistency has been taken care of.
Chair Huiras asked if there was anything on the agenda for the next legislative session?
Mr. Dunlap replied he didn’t recall the agenda but would keep the Telecommunications
Commission posted.
8. Communication from the Chair - None
9. Communications from City Staff
Mr. McHugh distributed an updated list of programs that the department had produced in
2004, including numerous programs with the Nurturing Our Retired Citizens (NORC)
project at Lenox. Much was programming that would be pertinent in five years.
Chair Huiras asked if the programs were available on tape? Mr. McHugh replied they
had them on DVD, but did not have a DVD duplicator. Many are on VHS tape or could
be copied for loan. They can also be scheduled by request. They were making an effort
to publicize that a schedule of programming could be emailed if requested.
Commissioner Dworsky asked if a resident wanted to request particular playback, how would
they go about doing that? Mr. McHugh replied they could call City Hall at 924-2528 to
request it.
10. Adjournment
Commissioner Jacobson made a motion, Commission Dworsky seconded to adjourn at
8:35 PM. The motion passed.
Respectfully submitted by:
Amy L. Stegora-Peterson
Recording Secretary
St. Louis Park City Council Meeting
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OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
March 16, 2005--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer,
Dennis Morris, Carl Robertson
MEMBERS ABSENT: Michelle Bissonnette, Jerry Timian
STAFF PRESENT: Judie Erickson; Meg McMonigal; Nancy Sells
1. Call to Order – Roll Call
Chair Carper called the meeting to order at 6:00 p.m.
2. Approval of Minutes of February 16, 2005 and March 2, 2005
Commissioner Johnston-Madison made a motion to approve the minutes of February 16,
2005. The motion passed 5-0. Commissioner Morris made a motion to approve the
minutes of March 2, 2005. The motion passed 5-0.
3. Hearings
A. Case Nos. 05-07-CUP--Request of Minnetonka Boulevard Investments LLC for a
conditional use permit to allow an In-Vehicle Sales or Service (drive-through) in
conjunction with a coffee shop at the old Citizens Independent Bank building at
4201 Minnetonka Boulevard. A secondary request is to terminate the existing
special permit on the property.
Judie Erickson, Planning Coordinator, presented a staff report.
Commissioner Robertson said that he has been advocating for a process of reviewing
preliminary plans rather than having an applicant spend a great deal of money on a
proposal with problems. He asked if the City recognizes the applicant’s plans as final or
preliminary. He said there seemed to be a lot of things missing from the plans.
Ms. Erickson said the recommendations state the need for a revised landscape plan,
revised grading plan, and curb details.
Commissioner Robertson asked about architectural plans.
Ms. Erickson explained that with a Conditional Use Permit the City doesn’t approve the
building interior, but does approve the use and site plan. The interior is a building code
issue. All of the indoor improvements will require a building permit and will require
much better drawings.
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Commissioner Robertson said he is concerned that there is enough detail missing that the
exterior will change when more developed plans are completed.
Ms. Erickson said she was concerned about how people would get to the outdoor deck.
The applicant assured her that the doorway currently in place was the one they would
continue to use. Other than that the current entrance will remain the same. All indoor
improvements will require a building permit and will require better drawings.
Commissioner Robertson asked about speakers for ordering while in line.
Ms. Erickson responded that staff had a concern that there wasn’t a more defined
roadway. Staff would like to see a more defined entrance which would include the order
point.
Commissioner Robertson asked if there was going to be a pre-order station.
Ms. Erickson said she assumed there will be one.
Commissioner Kramer asked if there was an alternative plan for left turns westbound on
Minnetonka Blvd.
Ms. Erickson responded that the proposed use has a morning peak hour rather than an
afternoon peak hour, so the concern is the morning peak. The traffic study looked at
morning peak hour with a setting sun in the east.
Commissioner Kramer asked if there is an alternate plan if there is a lot of rear-ending in
the morning or too much traffic.
Ms. Erickson said a sign could indicate no left turn and the left turn would have to occur
on Inglewood at the stop light. The traffic consultant did not make a recommendation
that a no left turn would be necessary, at least not to begin with. Ms. Erickson said if
there was an increase in accidents happening an alternative would have to be looked at.
Commissioner Morris said he agreed that the plans were incomplete. He mentioned
several problems with the lane stacking: lane stacking shown for the drive-in window
isn’t practical, lane stacking cuts off an exit to the property, stacking creates voids where
people would inevitably park cars to run in.
Commissioner Morris asked about signage.
Ms. Erickson said the applicant has not submitted a sign package. Sign permits are
approved separately from a conditional use permit. The applicant will need to meet all
of the sign requirements and make a permit application for signage. She said they can
probably use the existing signage by changing out the signs.
Commissioner Morris said of primary concern to him is a conditional use permit for a
Starbucks. Approval would mean a drive-through business of a higher intensity could
occur without needing to come back for CUP approval. He asked if there would be a
St. Louis Park City Council Meeting
041805 - 4g - Minutes Pl Comm 3-16-05
Page 3
review of the CUP if a permitted change in use occurred to see if this plan works for the
next business that comes in.
Ms. Erickson said the answer to that is no. She said the proposed use is considered to be
a restaurant without liquor. She continued by saying the whole gamut of uses that could
go in needs to be considered. The applicant does not have anyone on contract currently.
Commissioner Morris said that is his major concern with issuing the CUP. He would
only favor the CUP if the use was restricted to the site plan presented for the business that
is being represented. He said he doesn’t want the CUP to be a carte blanche for any
drive-through without liquor that could occur on that site.
Ms. Erickson said the resolution will deny use of the basement. Some additional
restrictions could be added to the resolution.
Commissioner Morris said restrictions regarding limits to parking, seating, and stacking
of the drive-up use should be part of the resolution. If the applicant exceeds that
permitted use they would have to come in and get a new CUP. He added that he isn’t
comfortable approving the CUP with the materials provided.
Commissioner Johnston-Madison agreed with Commissioners Robertson and Morris.
She said she wants to see a revised site plan, tree removal and replacement plan, and
revised landscape plan prior to making a recommendation to City Council.
Jeffrey Herman, applicant and managing partner of Minnetonka Blvd. Investments LLC,
said he understood the concerns presented. He said a lot of careful planning was done
for the property, recognizing that it is currently a retail facility that does have a drive-
through. He mentioned a staff change that occurred in the middle of their application
process. One of the issues the applicant addressed regarded the site plan and the
current survey provided by the bank. A revised survey was done which showed new
elevations. New drawings were not provided in time for staff to review prior to the
Planning Commission meeting. Mr. Herman said their concern in putting together a
stacking plan was that the Code says all stacking lanes require stacking for six vehicles.
They felt the drive-through would be better positioned as multiple drive-throughs to
alleviate traffic concerns. In initial conversations with staff they felt it would be better to
propose a single lane drive-through showing six cars stacking rather than showing a
multiple drive-through with less than six cars which would require a variance.
Mr. Herman said they were careful in considering potential uses for the building. It is a
gateway location in an area that in the past had retail anchors which created a
neighborhood. They felt that by putting a neighborhood gathering place at the site it
would start to bring life back into the neighborhood. He said he had no objections to
restrictions on the CUP which would prevent a more intensive use from occupying the
building. Currently the zoning code under C-2 General Commercial does not have a
separate division for less intensive restaurant uses. He went on to say that the property,
just by the parking available, doesn’t have the ability for a more intensive use than what
is proposed.
St. Louis Park City Council Meeting
041805 - 4g - Minutes Pl Comm 3-16-05
Page 4
Mr. Herman said as regards the interior, the tenant will submit plans which will address
the build out of the interior. He said the exterior is in good shape. Landscaping
modifications are shown on the revised plan. He said he believes the facility provides
adequately for a heavier morning use and the traffic study showed that.
Mr. Herman said he believes with the submittal of the revised plans all documents will be
in an acceptable form.
Commissioner Morris said he applauds the applicant’s intentions to recycle an old use
with a new use that fits into the neighborhood. He asked about having two service
points for a drive-in window.
Mr. Herman said the operator does have creative ideas on how they plan to service the
second lane. There are stainless steel coffee canisters that would adequately fit into the
pneumatic tubes of the bank. A second drive-through lane might be restricted to
individuals who had those canisters. The other idea was to have someone service the
second lane.
Commissioner Robertson mentioned concerns about interior reconfigurations affecting
the exterior. He said he didn’t associate a drive-through as a neighborhood gathering
place. He said there are some problems with the stacking. He asked how important the
drive-through element is for the project. He asked if it would make sense to get some
square footage from the outdoor teller area and have an in-house coffee shop.
Mr. Herman said if the square footage is increased, there may be some parking issues.
The building was built as a single use building and it is difficult to modify such a small,
single use building. He said he believes the drive-through would be a great service to the
neighborhood. He mentioned that the brick structure creates structural issues which
would make it difficult to build out into the drive-through lane.
Commissioner Robertson discussed ways to obtain more square footage. He mentioned
problems with patio access and ADA clearance with the current plans.
Mr. Herman said there is a door which exits onto the patio. The deck area will be built
adjacent to that so there wouldn’t be any grade change. He added that most coffee shops
average about 1500 square feet. The proposed shop would have 1800 usable square feet.
The outdoor seating area will also address the need for an outdoor neighborhood
gathering space.
Commissioner Robertson commented that the two doors mentioned would not meet ADA
requirements. He asked about the kitchen area.
Mr. Herman responded that it will be a cold kitchen with no food preparation other than
coffee. Bakery items and other refreshments will be available.
In response to Commissioner Robertson’s question about trash removal and deliveries,
Mr. Herman pointed out the location of the service area and the existing dumpster on the
site.
St. Louis Park City Council Meeting
041805 - 4g - Minutes Pl Comm 3-16-05
Page 5
Chair Carper opened the public hearing.
Commissioner Morris said he was in favor of the concept but he wasn’t ready to approve
the request without more details. He recommended continuing the public hearing.
Commissioner Robertson moved to continue the public hearing to April 6.
Mr. Herman said he would be able to provide additional materials to staff for their review
prior to the April 6 meeting.
Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of
5-0.
Commissioner Robertson said he would like to see some thinking through of the interior
layout. Although the interior isn’t part of the CUP, he would like to be convinced that it
works. As it’s a 1985 building there are some things that don’t meet code. He’d like
the architect to address those items. The site plan needs to show two accessible parking
spaces. In general, he commented that he’d like to see that the proposal is thought
through a bit more.
Meg McMonigal, Planning and Zoning Supervisor, spoke about the schedule. The item
can be scheduled for the April 6th Planning Commission meeting and the April 18th City
Council meeting, presuming all issues are resolved.
St. Louis Park City Council Meeting
041805 - 4g - Minutes Pl Comm 3-16-05
Page 6
B. (Request to defer)
Case Nos. 04-71-CP and 04-72-Z—Request of RKL Landholdings, LLC to
change Comprehensive Plan designation from Office to High Density Residential
and Zoning Map change from Office to RC – Residential Commercial for
property located at 7200 and 7250 Excelsior Boulevard.
Ms. Erickson referred to the applicant’s letter of March 9, 2005 requesting that the
requests be deferred. She discussed the applicant’s zoning text amendment request
regarding floodplain which needs to precede the applications for zoning map change and
Comp Plan change. The City Council deferred the zoning text request to a study session
on March 21. She said the earliest the Planning Commission could consider the Comp
Plan and zoning map requests would be April 20.
Commissioner Johnston-Madison asked about the property. Ms. Erickson provided a
brief description of the property.
Chair Carper opened the public hearing.
Commissioner Robertson moved to continue the hearing to April 20, 2005.
Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of
5-0.
4. Unfinished Business
5. New Business
Ms. McMonigal inquired about Commissioners’ availability for a joint study session with
City Council on April 25th regarding follow-up to Housing Summit ideas on possible
zoning code changes. Ms. McMonigal will e-mail Commissioners further information
about the session.
Commissioner Johnston-Madison discussed the need for zoning changes related to future
uses of conditional use permits.
Ms. McMonigal said in the near future staff would look at zoning changes regarding uses
of lesser intensity and the procedure regarding use changes.
Commissioner Morris spoke about the need to look outside of a site and how a new use
spills into a community and affects a neighborhood.
St. Louis Park City Council Meeting
041805 - 4g - Minutes Pl Comm 3-16-05
Page 7
6. Communications
A. Public Hearing Procedures
Commissioners and staff discussed the public hearing process and the draft procedures
hand-out provided by Ms. McMonigal.
7. Adjournment
Commissioner Morris moved to adjourn the meeting at 7:30 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
041805 - 6a - Liq License Leann Chin
Page 1
6a. Public Hearing to consider granting an On-Sale Wine and 3.2 Malt Liquor
License for Leeann Chin, Inc., DBA Chin’s Asia Fresh located at Knollwood
Mall, 8332 Hwy 7, Suite 333 in St. Louis Park.
Recommended
Action:
Mayor to close public hearing. Motion to approve on-sale wine
and 3.2 malt liquor license.
Background:
In February of 2005, the City received a request from Leeann Chin, Inc. for a wine and beer
license for Chin’s Asia Fresh located at Knollwood Mall, 8332 Hwy 7.
Chin’s Asia Fresh is described as a “fast-casual” restaurant offering traditional Asian cuisine and
will occupy 3838 sq. ft. of Knollwood Mall, facing Hwy 7, adjacent to the existing Caribou
Coffee store on its east side and west of Cub Foods. The restaurant is expected to seat
approximately 90 people, employ as many as 50 people, and will be open from 11 am to 9pm
daily.
A public hearing notice was published on April 7, 2005 and no calls have been received in
response to the notice.
Application:
The Police Department has conducted a full investigation of Leeann Chin, Inc. and its President
and COO Gregory Todd Creighton, and has found nothing in the course of their investigation
that would warrant denial of the license. The application and Police report are on file in the
Office of the City Clerk should Councilmembers wish to review the information prior to the
public hearing.
Recommendation:
The applicant has met all requirements for issuance of the license and staff is recommending
approval.
Prepared by: Nancy Stroth, Deputy City Clerk
Through: Cindy Reichert, City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 1
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 City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 2
At the April 4, 2005 Council meeting the City Council approved a reimbursement resolution
allowing for the reimbursement of the cost of these projects through issuance of a General
Obligation Bond.
Financing of Capital Improvement Program Projects:
Council is requested to approve a resolution providing for the sale of $3,780,000. The issuance
of this bond will result in approximately a 1.7% property tax levy increase with the first impact
to the community occurring in 2006. The following information relates to this bond issue;
Ø Total term of the bonds will be 10.5 years
Ø First interest payment will be February 1, 2006 and will be funded by capitalized interest
Ø First levy will be in 2005 for taxes payable in 2006
Ø Total levy will be approximately $260,000 in 2006 with an increase in 2007 to $490,000
Ø Bonds are within the total available debt limit for tax-supported debt of 2% of market
value
Ø City currently has an available debt limit of over $70 million
Ø Preliminary estimates on interest rates range from 2% - 3.7%
Schedule for issuance of $3,780,000 General Obligation Bonds:
Ø Resolution providing for the sale of bonds April 18, 2005
Ø Distibute Official Statement April 22, 2005
Ø Conference with Rating Agency Week of April 25, 2005
Ø Bond Sale May 2, 2005
Ø Anticipated closing date May 25, 2005
General Obligation Tax Increment Refunding Bonds:
During the March 28, 2005 Study Session, Council discussed refunding the 1997A GO TIF
Bonds. The original principal amount of this bond was $7,000,000. The bond proceeds were
used for a variety of infrastructure costs, including the public improvement associated with
Excelsior and Grand. The refunding bond will be in the amount of $2,470,000.
The following information relates to the refunding bond issue:
Ø Total term of the bond will remain the same as the 1997A bonds which is 3.5 years, with
final principal payment on February 1, 2009
Ø Bonds are expected to rated by Moody’s Investor Service at a AA1 level
Ø Repayment of the bonds will be from increment generated from Excelsior Boulevard,
Trunk Highway 7, and Oak Park Village Tax Increment Districts
Ø The schedule for issuance of the $2,470,000 GO TIF Refunding Bonds is the same as for
the $3,780,000 GO Bonds
This refinancing is expected to produce approximately $70,000 in savings to the City. If rates
increase before the sale date, the staff may recommend postponing the sale of these refunding
bonds.
St. Louis Park City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 3
Conclusion:
Staff is requesting Council to approve the following resolutions providing for the sale of these
bonds.
Attachments: Resolutions
Prepared By: Jean D. McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 4
RESOLUTION NO. 05 - 058
RESOLUTION PROVIDING FOR THE SALE OF
$3,780,000 GENERAL OBLIGATION BONDS,
SERIES 2005A
WHEREAS, the City Council of the City of St. Louis Park, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $3,780,000 General Obligation
Bonds, Series 2005A (the "Bonds"), to finance capital improvements including expansion to the
aquatic park and various public improvements; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit
proposals in accordance with Minnesota Statutes, Section 475;
NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Louis Park,
Minnesota, as follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for
the sale of the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:30 p.m. on May 2, 2005, for
the purpose of considering sealed proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are
hereby authorized to cooperate with Ehlers and participate in the preparation of an official
statement for the Bonds and to execute and deliver it on behalf of the City upon its
completion.
Reviewed for Administration: Adopted by the City Council April 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 5
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
_______________________ and, after full discussion thereof and upon a vote being taken
thereon, the following Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Reviewed for Administration Adopted by the City Council ________________
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 6
RESOLUTION NO. 05 - 059
RESOLUTION PROVIDING FOR THE SALE OF
$2,470,000 G.O. TAX INCREMENT REFUNDING BONDS SERIES 2005B
WHEREAS, the City Council of the City of St. Louis Park, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $2,470,000 General Obligation
Tax Increment Refunding Bonds, Series 2005B (the "Bonds"), to refund the $7,000,000 General
Obligation Tax Increment Bonds, Series 1997A; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit
proposals in accordance with Minnesota Statutes, Section 475;
NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Louis Park,
Minnesota, as follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for
the sale of the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:30 p.m. on May 2, 2005, for
the purpose of considering sealed proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are
hereby authorized to cooperate with Ehlers and participate in the preparation of an official
statement for the Bonds and to execute and deliver it on behalf of the City upon its
completion.
Reviewed for Administration: Adopted by the City Council April 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
041805 - 8a - Set sale GO & GO TIF Refnding Bonds
Page 7
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
_______________________ and, after full discussion thereof and upon a vote being taken
thereon, the following Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Dated this day of , 2005.
Reviewed for Administration Adopted by the City Council ________________
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
041805 - 8b - CUP Plat Mendota Homes
Page 1
8b. Request by Mendota Homes Inc. for a preliminary/final plat to combine two
parcels into one; and a conditional use permit to allow a 3-story, 75 unit
condominium building at 3270 Gorham Avenue (the old AVR site).
3270 Gorham Avenue
Case No. 05-03-S: Proposal for a lot combination.
Case No. 05-02-CUP: Proposal for multi-family condominium.
Recommended
Action:
• Motion to approve Resolution of the preliminary/final plat of
Gorham Addition, which combines two parcels into one,
subject to conditions as recommended by the Planning
Commission.
• Motion to approve Resolution of a Conditional Use Permit to
allow a 75 unit multiple-family dwelling at 3270 Gorham
Avenue subject to conditions as recommended by the
Planning Commission.
SITE MAP:
^_
SITE
Louisiana Ave SS t a t e H w y N o . 7 State Hwy No. 100Lake StreetWalker StreetGorham
A
v
e
Oak Park
Village Park
St. Louis Park City Council Meeting
041805 - 8b - CUP Plat Mendota Homes
Page 2
Conditional Use Permit:
A Conditional Use Permit (CUP), is requested to allow the construction of a 3 story, 75 unit
condominium building which includes 6 one bedroom units and 69 two bedroom units of various
floor plans. A CUP is required for multi-family residences in the R-4 Zoning District.
Preliminary /Final Plat:
Mendota Homes Inc. is applying for a combined process Preliminary Plat & Final Plat of two
parcels located between Louisiana Avenue and Gorham Avenue. The result of the plat is to
combine two existing parcels into one.
The two parcels included in the plat are the old
AVR site, and a small parcel at the corner of
Louisiana Avenue and Oak Leaf Drive. The
smaller parcel is owned by the St. Louis Park
Economic Development Authority, and is
proposed to be sold to Mendota Homes for the
purpose of being included in this development
proposal. (See inset)
ZONING SUMMARY:
Comprehensive Plan: Medium Density Residential (Calls for either R-3 or R-4 Multi-
Family Residential)
Zoning: R-4 Multi-family Residential
Minimum Requirement Proposed Dimension
Setbacks:
• Front (east side) 40 ft (building height) 46 ft - 10 in.
• Side (north side) Two setbacks apply:
• 50 feet of wall at 15 ft min,
• remaining wall at 43 ft min.
Varies: 39 ft to 49 ft.
Setback complies with minimum
requirements.
• Side (south side) 20 ft (1/2 building height) 29 ft
• Rear (west side) 25 ft 84 ft
• Side Abutting a Street 15 ft 39 ft
Height Smaller of 3 story or 40 ft 3 story - 39 ft
Designed Outdoor
Recreation Area
(DORA)
12% of site = 15,454 sf 17% of site = 22,011 sf
• 4,702 sf of DORA is improved with
sidewalks and patios.
• 17,309 sf of DORA is green area.
Parking 150 spaces 174 spaces (154 underground)
Guest Parking 15 spaces
(10% of required spaces )
15 spaces
Landscaping 3,086 plant units 4,287 plant units
Density Max. of 30 units per acre 25 units per acre
Louisiana AveO
a
k L
e
af Dr Gor
ham AveAVR SiteE
D
A Site
St. Louis Park City Council Meeting
041805 - 8b - CUP Plat Mendota Homes
Page 3
BACKGROUND:
A redevelopment plan for the area was completed in 1977. It included the Oak Park Village Park
and property on either side of Louisiana Avenue north of Highway 7 and to the northern limits of
the Oak Park Village Park. The AVR property is located within this study area.
In 1990, the city adopted a city wide comprehensive plan update. This update reguided the AVR
site to medium density residential, which relates to either the R-3 or R-4 zoning district.
In 1992, the property was rezoned to Multi-Family Residential (R-4). This rezoning was part of
a city wide rezoning process.
In 1998 the City of St. Louis Park amended the redevelopment plan upon recommendation of a
Highway 7/Louisiana Avenue Task Force. This Task Force consisted of area residents, business
owners and other interested individuals. The recommended guidelines forwarded by the Task
Force for this study area include:
• Park Focus
• Common Design Theme
• Overall Mixed Use
• Integrate Some Housing Goals
• Environmental Protection
• Higher Density/Intensity Near Hwy 7
• Neighborhood Linkages
• Traffic Lights At Louisiana/Walker & Lake
• Pedestrian Paths
In addition to these recommended guidelines, the Task Force also cited some recommendations
specific to the AVR site. They are as follows:
• High Density Residential Use
• Street Front Building(s) Toward Louisiana
• Consider Retention of Karkela Construction Bldg as a Transition
These recommendations were reviewed and adopted by the City Council, and adopted into the
Redevelopment Chapter of the Comprehensive Plan. An analysis of how the proposed
application fits the task force recommendations can be found under the Issues Analysis portion of
this report.
A neighborhood meeting was conducted on February 3, 2005. Comments received were
generally positive. Some concerns and questions were raised by the neighboring
commercial/industrial uses regarding the proximity of multi-family to commercial/industrial
uses. Questions raised included why the city would place multi-family in such close proximity to
commercial/industrial uses, how will the city respond to complaints from the residents regarding
noise and commercial/industrial traffic, and what the impact is of converting
commercial/industrial land to residential use. Please see the attached copy of a letter received
from Reddy Rents, which summarizes the nature of the concerns.
St. Louis Park City Council Meeting
041805 - 8b - CUP Plat Mendota Homes
Page 4
PLANNING COMMISSION ACTION:
The Planning Commission reviewed the application at its February 16, 2005 meeting, and
continued consideration to the March 2, 2005 meeting. The Commission continued
consideration to give the applicant and staff time to address the following concerns raised by the
Commission:
n Clarification on how the front yard is determined.
n Further breakdown on how the Designed Outdoor Recreation Area (DORA) is designed.
n Improve the access to DORA from inside the building.
n Improve the access to DORA from the parking lot.
n Design the exterior of the parking level to look like a parking level.
A response to each of the concerns was presented to the Commission, and the application for a
preliminary & final plat of Gorham Addition was approved on a 4-1 vote, and the application for
a conditional use permit to allow the 75 unit condominium building was also approved on a 4-1
vote.
Staff’s written response to these concerns is included in the issues analysis portion of this report.
Also, the minutes of both meetings are attached to the end of this report for your review.
ISSUES ANALYSIS:
Staff reviewed the proposal and found that it meets zoning requirements. The following is a
summary of the major issues reviewed under the code and comprehensive plan. A copy of a
letter from the applicant describing the proposal, together with a copy of the development plans,
including site plans, landscaping plans, building elevations and the plat are attached to the report
for your review.
Issues:
• How is the front yard determination made for lots that have frontage on three streets?
• How does a determination of front lot line affect site design?
• How does the proposal compare to the Comprehensive Plan?
• Does the proposal meet the Designed Outdoor Recreation Area requirements?
• Does the proposal meet the architectural requirements?
• Does the proposal meet the parking requirements?
• What are the traffic impacts?
• Does the proposal meet the landscaping/bufferyard requirements?
• Does the proposal meet the storm water/floodplain requirements?
• Does the plat meet subdivision requirements?
• How will the city respond to complaints regarding neighboring commercial/industrial
activity?
St. Louis Park City Council Meeting
041805 - 8b - CUP Plat Mendota Homes
Page 5
How is the front yard determination made for lots that have frontage on three streets?
Section 36-4 of the St. Louis Park Zoning Ordinance defines the front lot line as “…that
boundary of a lot which abuts a street. In the case of a corner lot, it shall be the shortest
dimension on a public street. If the dimensions of a corner lot are equal, the front lot line
shall be designated by the owner and filed in the office of the division of inspections. If a
parcel has multiple sides on more than two street frontages, the front lot line shall be
determined by the zoning administrator.”
Parcels that have frontage on more than 2 streets create a challenge to the city in making sure the
resulting building fits the character of the surrounding neighborhood(s). In many cases the
character of a neighborhood on one side of the subject parcel may be entirely different from the
character of a neighborhood on another side. Staff believes it is the intent of the above provision
to safeguard the character of all neighborhoods abutting the subject property by giving the city
the authority to determine which lot line should be considered to be the front. After reviewing
this site, and the proposed improvements, staff determined that for zoning purposes only,
Gorham Ave should be treated as the front.
How does a determination of front lot line affect site design?
At the Commission’s request, staff contacted the city attorney and confirmed the Zoning
Administrator can determine the front lot line for setback and height purposes. The building
entrance and address may come from a different side of the property without impacting the
determination from zoning.
Determining Gorham Avenue to be the front lot line has the following effects on the site:
• Gorham Avenue is the front for zoning requirements. This determination allows the
building to be constructed into the slope coming off of Gorham Avenue. Any other
determination would result in a 10-15 foot retaining wall along the lot line adjacent to
Gorham Avenue which is not desirable for safety, site layout and/or aesthetic reasons. A
better site design is to place the building along Gorham Avenue and fit it into the existing
site contours.
• The density goals recommended by the Louisiana Avenue/Hwy 7 Task Force, and adopted
into the Comprehensive Plan by the City Council are accomplished. The Comprehensive
Plan calls for up to 30 units per acre. By determining Gorham to be the front lot line, the
applicant is able to achieve 25 units per acre.
• It allows two levels of structured parking to be tucked into the slope along Gorham Ave,
and three levels of living units fully above grade. There is 16 feet of grade change from
Gorham Ave to Louisiana Ave on this site.
How does the proposal compare to the Comprehensive Plan?
The Comprehensive Plan identifies this property as part of a redevelopment plan that
incorporates some area and site specific recommendations. Staff believes the proposal meets or
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exceeds the recommendations of the Highway 7/Louisiana Avenue Task Force adopted by the
City Council.
In summary, the general recommendations for the area include:
• Having a park focus. The site has Freedom Park directly to the east and Louisiana Oaks Park
directly to the west. The majority of the units will over look these parks, and the Designed
Outdoor Recreation Area is designed to relate to Freedom Park.
• Higher densities. The allowed density is 30 units per acre, and the proposal is for 25 units,
which falls within the medium density category adopted following the 1998 task force study.
• Neighborhood linkages. The site is located next to two parks. A pedestrian bridge over
Louisiana Avenue is close by, and is connected to the site by a sidewalk along Louisiana
Avenue. Additional sidewalks will be constructed by the developer along Oak Leaf Avenue
and Gorham Avenue to connect the proposed building to the Louisiana Avenue
sidewalks/pedestrian bridge, and to Freedom Park and library.
• Extensive landscaping. The proposal exceeds minimum landscaping requirements by 28%.
• Green views. The majority of the units will overlook Freedom Park and Louisiana Oaks Park.
• Minimal surface parking. Two levels of structured parking are being proposed. These two
levels will provide a total of 154 parking spaces. Only 20 surface parking spaces are being
proposed.
The 1998 Plan had specific recommendations for this site, including:
• High Density Residential Use. The R-4 Zoning District allows up to 30 units per acre, and the
applicant is proposing 25 units per acre. There are some physical limitations that prevent the
applicant from increasing the density to 30 units per acre. These limitations include: (1)
Parking; the applicant is proposing two levels of structured parking to meet the 25 units per
acre density and (2) Parcel size; the applicant cannot expand the foot print more than already
proposed due to site limitations and requirements such as storm water, design open space and
recreation area parking and setbacks.
• Street Front Building(s) Toward Louisiana. The entry of the building is facing Louisiana
Avenue/Oak Leaf Drive. The building itself is set back the same distance as the “3300 On
The Park” building located across Louisiana Avenue. The applicant has opted not to build
closer to Louisiana Avenue even though it may create more units, because a portion of the
property along Louisiana Avenue is located within the Reilly Tar & Chemical Superfund site.
As a result, if the building were located within the EDA property, it would likely cloud the
title of each condo unit, and significantly increase the cost of the development.
• Consider Retention of Karkela Construction as Transition. The Karkela Construction
building is located south of the subject property. The applicant is not proposing to incorporate
that building in the design, so it will continue to exist and function as it currently is.
Does the proposal meet the Designed Outdoor Recreation Area (DORA) requirements?
Section 36-4 of the St. Louis Park Zoning Ordinance defines Designed Outdoor Recreation
Area (DORA) as:
“…designed outdoor space intended for passive or active recreation accessible and
suited to the needs of residents and/or employees. The area shall be functional and
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aesthetic, designed with clear edges, relate to the principal building or buildings, include
sidewalk connections, seating, landscaping, and other amenities. The area should be
compatible with or enlarge upon existing pedestrian links and public parks or open
space and may include swimming pools, tot lots, courtyards, plazas, picnic areas, and
trails within natural areas. Outdoor recreational areas shall not include driveways,
parking areas, steep slopes, or ponds designed solely for storm water retention.”
As shown on the plans, the DORA is a functional formal garden and lawn area that is aesthetic,
has clear edges and relates to the building. In addition, there are several sidewalk connections,
benches in two shaded seating areas and extensive landscaping. This meets the intent and letter
of the ordinance by providing a relatively passive open space to complement the active
recreational parks on either side of the site.
At the request of the Planning Commission, the applicant has revised the resident access to the
DORA and made the entrance more pronounced and inviting. They have also added a second
access at the north end of the building to complement the access at the south end.
Does the proposal meet the architectural requirements?
Facade:
The Architectural Design section of the Zoning Ordinance requires a minimum of 60% Class I
materials, and a maximum of 10% Class III materials per elevation.
The façade proposed for all sides is made up of brick, concrete stucco, glass and possibly some
stone mixed in as an accent. All proposed materials are class 1 materials, so the building will be
essentially 100% Class 1.
Parking will be met with two levels of structured parking. The first level is at the same grade as
Louisiana Avenue, but completely below grade of Gorham Avenue. (There is a 16 foot grade
change between Gorham Avenue and Louisiana Avenue). The second level of parking will be
completely below ground on all sides. This means that the first story visible from Oak Leaf
Drive and Louisiana Avenue will actually be structured parking, not living units. The applicant
is proposing a 4- foot brick and stone wall running along the length of the building which will
provide pedestrian scale, and additional horizontal lines they wish to incorporate into the
building design.
Does the proposal meet the parking requirements?
Proposed Parking:
The applicant is proposing 169 parking spaces; 150 are required. 90 spaces will be enclosed in
the first level of parking and 64 spaces in the lower parking level. An additional 15 spaces will
be provided outside for guest parking; 15 guest parking spaces are required.
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What are the traffic impacts?
A traffic study was completed for the project. The study updated previous studies of the
Louisiana Ave and Highway 7 area by adding the proposed condominium building and studying
the Louisiana Ave and Oak Leaf Drive intersection.
The study shows the current conditions of the Oak Leaf Dr / Louisiana Ave intersection operating
at a Level Of Service (LOS) of A/C in the AM, and A/E in the PM peak hours. The “A”
indicates that the intersection overall is operating with minimal delays. The letter following the
“A” indicates the approach onto Louisiana Ave from Oak Leaf Dr. This approach is currently
operating at an acceptable C in the AM and E in the PM.
After establishing the existing conditions the study projects the impact of the developments in the
area on the Louisiana Ave / Oak Leaf Dr intersection for the year 2007. The result is the overall
the intersection still operates at a LOS A, however, the Oak Leaf Drive approach slips to LOS D
in the AM, and F in the PM. This decline reflects the increase in waiting time (up to one minute)
for vehicles entering Louisiana Ave from Oak Leaf Dr, and is primarily the result of increased
traffic on Louisiana Ave resulting from other developments in the area.
The study recommends relocating the access drive to the condominium building so that it lines
up with the Park Tavern driveway and restricting parking on Oak Leaf Dr. The plans have been
changed to relocate the driveway as recommended in the study, and staff is reviewing the on-
street parking for the area. Park Tavern has been using both the AVR site and the property to the
south of the Tavern for overflow parking. Both sites are no longer available, so the city is
working with Park Tavern to provide parking elsewhere in the area.
Does the proposal meet the landscaping/bufferyard requirements?
Existing Landscaping:
The existing site is covered with gravel, and has only a couple of mature trees.
Proposed Landscaping:
Each of the proposed buffer yards exceeds the landscaping requirements. Significant landscaping
is proposed along the north property line, between the condo building and the existing industrial
buildings. Also, the designed open space along Gorham Avenue to the east will incorporate three
lawn areas, two court yards each with tables and chairs, and will be designed to reflect and
complement the prairie architectural style of the building.
Does the proposal meet the storm water/floodplain requirements?
Storm water calculations have been submitted and reviewed by staff and the watershed district.
Staff is recommending approval of the plan, and the watershed district has not yet approved the
plan, but it is anticipated that they will. A condition of approval regarding watershed approval is
written into the plan approval recommended by the Planning Commission and staff.
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Does the plat meet subdivision requirements?
The attached plat meets the subdivision requirements. Modifications were made to change the
name from “The Lennox” to “Gorham Addition”; and easements were added as required by the
subdivision ordinance.
How will the city respond to complaints regarding neighboring commercial/industrial
activity?
There are numerous areas throughout the city where residential uses abut commercial/industrial
uses. These residential uses vary from single family to multi-family, and the commercial-
industrial activities vary from retail/office to manufacturing and warehousing. Occasionally
complaints are received, and the city’s response depends on the nature of the complaint and the
result of investigation.
All commercial/industrial properties are required to operate within defined parameters regardless
of proximity to residential land uses. Noxious fumes, noise, vibrations and dust must meet all
health and safety requirements. For example, noise levels are regulated in such a manner that
higher decibels are allowed between 7 am and 10 pm. Between the hours of 10 pm and 7 am, the
allowed decibel levels are slightly reduced. This ordinance is currently in effect, and when a
complaint is received and a violation is confirmed, the city will contact the source of the noise,
and work with them to lower the decibels. If a violation is not found, then the resident will be
notified that the noise is not in violation. On occasion, the city may work with the resident and
the source of the noise to see if a compromise can be reached. If a compromise cannot be
reached, and there is no violation, then orders are not issued to reduce the decibels. It should be
noted that the decibel levels allowed to affect a residential property are approximately 15 to 25
decibels less than the level allowed to affect an industrial property. In other words, once the
proposed condominium building is constructed, the level of noise allowed to emanate from the
industrial properties will be reduced.
RECOMMENDATIONS:
Staff recommends the following:
Approval of the attached Resolution approving the preliminary/final plat of Gorham Addition,
which combines two parcels into one, subject to conditions as listed in the Resolution; and
Approval of the attached Resolution approving a Conditional Use Permit to allow a 75 unit
multiple-family dwelling at 3270 Gorham Avenue subject to conditions as listed in the
Resolution.
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ATTACHMENTS:
• Site Aerial Photo
• Resolution Approving the Preliminary & Final Plat of Gorham Addition
• Resolution Approving the Conditional Use Permit
• Traffic Study
• Elevations
• Development plans
• Application Materials
• Letters received regarding application.
Prepared By: Gary Morrison, Assistant Zoning Administrator
952-924-2592 gmorrison@stlouispark.org
Approved By: Tom Harmening, City Manager
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EDA
Property
AVR
Property
Louisiana AveO
ak L
eaf Driv
e Gor
ham AveLocation Map
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RESOLUTION NO. 05-060
A RESOLUTION GIVING APPROVAL FOR A PRELIMINARY
AND FINAL PLAT OF
GORHAM ADDITION
BE IT RESOLVED BY the City Council of St. Louis Park:
FINDINGS
WHEREAS, Mendota Homes Inc., owners and subdividers of the land proposed to be
platted as Gorham Addition have submitted an application for approval of preliminary and final
plat of said subdivision in the manner required for platting of land under the St. Louis Park
Ordinance Code, and all proceedings have been duly had thereunder.
WHEREAS, The proposed preliminary and final plat has been found to be in all
respects consistent with the City Plan and the regulations and requirements of the laws of the
State of Minnesota and the ordinances of the City of St. Louis Park.
WHEREAS, The proposed plat is situated upon the following described lands in
Hennepin County, Minnesota, to-wit:
THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 529, COUNTY OF
HENNEPIN, LYING NORTHERLY OF A LINE DRAWN FROM A POINT IN THE
WESTERLY LINE OF SAID TRACT A DISTANT 109.97 FEET NORTHERLY OF
THE SOUTHWESTERLY CORNER THEREOF, AS MEASURED ALONG SAID
WESTERLY LINE, TO A POINT IN THE EASTERLY LINE DISTANT 119.10 FEET
NORTHERLY OF THE SOUTHEASTERLY CORNER THEREOF, AS MEASURED
ALONG SAID EASTERLY LINE
AND
LOT 1, BLOCK 9, OAK PARK VILLAGE, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the City Council has considered the information related to Planning Case
Nos. 05-03-S and the effect of the proposed building on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on
values of properties in the surrounding area and the effect of the use on the Comprehensive Plan;
and compliance with the intent of the Zoning Ordinance; and
WHEREAS, the contents of Case Nos. 05-03-S is hereby entered into and made part of
the public hearing record and the record of decision for this case.
CONCLUSION
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NOW THEREFORE BE IT RESOLVED The proposed preliminary and final plat of
Gorham Addition is hereby approved and accepted by the City as being in accord and conformity
with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the
State of Minnesota, subject to the following conditions:
A. The site shall be developed, used and maintained in accordance with the conditions of
this resolution, the approved Official Exhibits which shall be revised prior to signing to
meet the recommended conditions, and City Code.
B. Before a final plat is signed by the City, the developer shall comply with the following
requirements:
1. A development agreement as approved by the City Attorney which covers at a
minimum, sidewalk construction and maintenance; tree replacement including
provisions for replacement of any trees damaged during construction; restoration
of curbs and boulevards; repair and cleaning of public streets; and conditions for
issuing building permits if plat recording is delayed. The Mayor and City
Manager are authorized to execute this agreement.
2. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping; tree replacement; restoration of curbs
and boulevards; sidewalk installation, and repair/cleaning of public streets, and to
ensure the City receives a reproducible tracing of the final plat showing evidence
of recording; such escrow to be returned upon receipt of the reproducible tracing
(mylar) and electronic format described in “C” below.
3. Reimbursement of City attorney’s fees in drafting/reviewing such documents.
4. Submit cash-in lieu of on-site tree replacement in the amount of $90 per caliper
inch as approved by the Community Development Director and Park &
Recreation Director.
C. Within 6 months of final plat approval by the City Council, or as soon as feasible
thereafter, according to the terms of the development agreement, the subdivider shall
record the final plat with the County Recorder. The subdivider shall, immediately upon
recording, furnish the City Clerk with a print and reproducible tracing of the final plat
showing evidence of the recording. The subdivider shall also provide a copy of the final
plat on disc in an electronic data format.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council April 18, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
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RESOLUTION NO. 05- 061
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTIONS 36-166(d)(1) OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT A MULTIPLE-FAMILY
DWELLING FOR PROPERTY ZONED R-4 MULTIPLE FAMILY
RESIDENCE DISTRICT LOCATED AT 3270 GORHAM AVENUE
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
WHEREAS, Mendota Homes, Inc. has made application to the City Council for a
Conditional Use Permit under Section 36-166(d)(1) of the St. Louis Park Ordinance Code for
the purpose of permitting the construction of a 75 unit multiple family dwelling within a R-4
Multiple Family Residence District located at 3270 Gorham Avenue, legally described as
follows, to-wit:
THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 529, COUNTY OF
HENNEPIN, LYING NORTHERLY OF A LINE DRAWN FROM A POINT IN THE
WESTERLY LINE OF SAID TRACT A DISTANT 109.97 FEET NORTHERLY OF
THE SOUTHWESTERLY CORNER THEREOF, AS MEASURED ALONG SAID
WESTERLY LINE, TO A POINT IN THE EASTERLY LINE DISTANT 119.10 FEET
NORTHERLY OF THE SOUTHEASTERLY CORNER THEREOF, AS MEASURED
ALONG SAID EASTERLY LINE
AND
LOT 1, BLOCK 9, OAK PARK VILLAGE, HENNEPIN COUNTY, MINNESOTA
WHEREAS, The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 05-02-CUP) and the effect of the proposed building on the
health, safety and welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, the effect on values of properties in the surrounding area, the effect of the use
on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
WHEREAS, The Council has determined that the building will not be detrimental to
the health, safety, or general welfare of the community nor will it cause serious traffic
congestion nor hazards, nor will it seriously depreciate surrounding property values, and the
proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and
the Comprehensive Plan.
WHEREAS, The contents of Planning Case File 05-02-CUP are hereby entered into
and made part of the public hearing record and the record of decision for this case.
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Conclusion
The Conditional Use Permit to permit the construction of a 75 unit condominium building at
the location described is granted based on the findings set forth above and subject to the
following conditions:
A. The site shall be developed, used and maintained in accordance with the conditions of this
resolution, the approved Official Exhibits shall be revised prior to signing to meet the
recommended conditions, and City Code; documents incorporated by reference herein.
B. Prior to any site work, the developer shall meet the following requirements:
1. Stormwater design details must be submitted and approved by the Public Works Director.
2. A copy of the Watershed District and MPCA permits shall be forwarded to the City.
3. Obtain the required demolition permit, erosion control permits, utility permits and other
permits required by the City, which may impose additional conditions.
4. Any other necessary permits from other agencies shall be obtained.
5. Sign Assent form and official exhibits.
6. Meet conditions of City signing final plat.
7. Specifications for tree protection and erosion control fencing must be submitted and
approved by the City Forester. Required tree protection and erosion control fencing must
be installed prior to grading activities.
C. Prior to issuance of a building permit, which may impose additional requirements, the
applicant shall:
1. Meet all Public Works Department/Utility requirements as recommended by staff.
2. Building and architectural screening materials samples & colors must be submitted to and
approved by Zoning Administrator.
3. Meet any Fire Department emergency access requirements for during construction.
4. Provide evidence of recording the plat with the County.
D. The developer shall comply with the following conditions during construction:
1. All City noise ordinances shall be complied with, including that there be no construction
activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on
weekends and holidays.
2. Loud equipment shall be kept as far as possible from residences at all times.
3. The site shall be kept free of dust and debris that could blow onto neighboring properties.
4. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
5. The Zoning Administrator may impose additional conditions if it becomes necessary in
order to mitigate the impact of construction on surrounding properties.
E. Prior to issuance of any occupancy permit:
1. Fire lanes shall be in accordance with the signed Official Exhibits.
2. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and
approved irrigation plan except that a temporary C of O can be issued prior to completion
of landscaping and irrigation improvements provided an irrevocable, automatically
renewable letter of credit is submitted in the amount of 125% of all landscaping and
irrigation improvements.
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3. Exterior building improvements shall be completed in accordance with the signed Official
Exhibits and approved materials and colors except that signs shall be approved as part of a
sign plan.
4. Prior to receiving a Certificate of Occupancy, as-built drawings of the relocated public
utilities shall be submitted to and approved by the Public Works Department.
F. The developer shall provide the required number of replacement trees on site unless off-site
trees are approved by the Community Development Director and Parks and Recreation
Director and cash-in-lieu of trees have been paid. All plant materials planted on site shall be
from sources within 100 miles of the metro area.
G. Prior to the installation of any signs, including temporary signs or new sign faces, a sign plan
must be approved by the Zoning Administrator and sign permits must be obtained.
H. All roof top equipment must be screened from off site views per Ordinance requirements.
I. The developer or property owners(s) shall pay an administrative fine of $750 per violation of
any condition of this approval.
J. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building
or structure for which the conditional use permit is granted is removed.
K. Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council April 18, 2005
City Manager Mayor
Attest:
City Clerk